O-93-01Ii
3 VILLAGE OF DEERFIELD
LAKE COUNTY, ILLINOIS
ORDINANCE NO. 0 -93 -01
AN ORDINANCE AUTHORIZING COMMONWEALTH EDISON COMPANY
TO USE THE PUBLIC WAYS AND OTHER PUBLIC PROPERTY
IN CONJUNCTION WITH ITS CONSTRUCTION, OPERATION AND
MAINTENANCE OF AN ELECTRIC SYSTEM IN AND THROUGH THE
VILLAGE OF DEERFIELD, COOK AND LAKE COUNTIES, ILLINOIS
ADOPTED BY THE BOARD OF TRUSTEES
OF THE
VILLAGE OF DEERFIELD
THIS 4th DAY OF January, 19 93
Published in Pamphlet Form
by Authority of the Board of Trustees
of the Village of Deerfield,
Cook and Lake Counties, Illinois
�3
this 4th day of January, 19
ORDINANCE NO. 0 -93 -01
AN ORDINANCE AUTHORIZING COMMONWEALTH EDISON COMPANY
TO USE THE PUBLIC WAYS AND OTHER PUBLIC PROPERTY
IN CONJUNCTION WITH ITS CONSTRUCTION, OPERATION AND
MAINTENANCE OF AN ELECTRIC SYSTEM IN AND THROUGH THE
VILLAGE OF DEERFIELD, COOK AND LAKE COUNTIES, ILLINOIS
Be it ordained by the President and Board of Trustees of the
Village of Deerfield, Counties of Cook and Lake, Illinois, as
follows:
SECTION 1. DEFINITIONS
As used in this Ordinance, the following terms, phrases and
words and their derivations shall have the meanings given in this
Section, unless the context or use clearly indicates another or
different meaning is intended.
1.1 "Village" is the Village of Deerfield.
1.2 "Licensee" is the Commonwealth Edison Company.
1.3 "Clerk" is the Clerk of the Village of Deerfield.
1.4 "Competent Authority" means and includes any governmental
body or forum vested by law with authority to do the act or
make the order, rule or regulation involved.
1.5 "Corporate Authorities" is the President and Village
Board of the Village of Deerfield.
1.6 "Edison Representative" is the person or persons
designated by the Licensee to be responsible for the day -to -day
performance of the Licensee's duties under this Ordinance and
who shall be available and accessible to the Village for that
purpose during regular office hours.
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1.7 "Edison Emergency Representative" is the person or
persons designated by the Licensee responsible for the
performance of the Licensee's duties under this Ordinance
during emergencies and at all times other than the Licensee's
regular office hours and who shall be available and accessible
to the Village for that purpose during emergencies and at all
times other than the Licensee's regular office hours. The
Edison Representative may also be designated as the Edison
Emergency Representative.
1.8 "Electric System" shall mean a system for the production,
transmission, distribution and sale of electricity for
lighting, heating, power and other purposes within and outside
the corporate limits of the Village.
1.9 "Energy Efficiency /DSM" means applications of
technologies and techniques for increasing the efficiency of
electric energy use or managing demand for electric energy.
Such applications may be designed to achieve greater end use
benefits from electric energy consumed, reductions in electric
energy consumption,. shifts of electric energy demand to times
when it can be met more economically, or other initiatives
designed to manage or reduce demand for electric energy.
1.10 "FERC" means and refers to the Federal Energy Regulatory
Commission or other authority succeeding to the regulatory
powers of the Federal Energy Regulatory Commission.
1.11 "Generating Facilities" are those Facilities used or
constructed by the Licensee for the purpose of generating or
producing electric energy.
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1.12 "High Voltage Transmission Lines" means power lines
designed to transmit electricity at 138 kilovolts (138 kv) or
more.
1.13 "ICC" means and refers to the Illinois Commerce
Commission or other authority succeeding to the regulatory
powers of the Illinois Commerce Commission.
1.14 "Liability" includes, but is not limited to: actual or
claimed loss or damage to property or injury to or death of
persons; actual or claimed responsibility for such loss,
damage, injury or death; and any and all judgments, decrees,
costs and expenses of every sort and kind incident to such
loss, damage, injury, death or responsibility, including, but
not limited to, court costs, fines and attorney's fees.
1.15 "Municipal Electric Representative" is the person or
persons designated by the Village to be responsible for the
day -to -day implementation of this Ordinance on behalf of the
Village during regular office hours.
1.16 "Municipal Emergency Electric Representative" is the
person or persons designated by the Village to be responsible
for the implementation of this Ordinance on behalf of the
Village during emergencies and at all times other than the
Village's regular office hours.
1.17 "Other Ways" means rights -of -way within the Village that
are under the jurisdiction and control of a governmental entity
other than the Village.
1.18 "Overhead Distribution Facilities" are poles, wires,
cables and other overhead apparatus used in the distribution
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of electricity of not to exceed 14,000 volts.
1.19 "Overhead Facilities" are Transmission and Distribution
Utility Facilities located on or above the surface of the
ground, including the underground foundations or supports for
such facilities.
1.20 "Person" means one or more individuals, associations,
firms, partnerships, trusts, private corporations, municipal
corporations, receivers, or trustees.
1.21 "Public Property" means all real property and all
improvements thereon, owned, leased to, leased by or otherwise
controlled by the Village
1.22 "Public Ways" means the surface, the air space above the
surface and the area below the surface of any public
right -of -way, including, but not limited to, any street,
highway, avenue, drive, boulevard, lane, path, alley, sidewalk,
waterway, bridge, tunnel, park, parkway or other public
right -of -way including public utility.easements or
rights -of -way over which the Village has jurisdiction, and any
temporary or permanent fixtures or improvements located thereon
now or hereafter held by the Village in which the Village holds
rights sufficient, without consent of any other Person, to
permit Licensee the use thereof for the purpose of installing
or maintaining Licensee's Electric System.
1.23 "Transmission and Distribution Facilities" include all
lines, equipment and structures used in the transmission,
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distribution or sale of electric energy, wherever located.
Transmission and Distribution Facilities include High Voltage
Transmission Lines.
1.24 "Underground Facilities" are Transmission and
Distribution Facilities located under the surface of the
ground, excluding the underground foundations or supports for
Overhead Facilities.
1.25 "Utility Facilities" are and refer to and include, but
are not limited to, property, land, structures, equipment,
plants, works, systems and improvements of the Licensee, such
as pipes, electric substations, conduits, wires, transformers,
cables, poles and meters, used in the production, transmission,
distribution or sale of electricity within the Village.
"Utility Facilities" includes all Generating Facilities,
Transmission and Distribution Facilities, Overhead Facilities
and Underground Facilities.
SECTION 2. RULES OF CONSTRUCTION
This Ordinance shall be construed in accordance with the
following provisions.
2.1 When not inconsistent with the context, words used in the
present tense include the future tense, words in the plural number
include the singular number, and words in the singular number
include the plural number.
2.2 The words "shall" and "will" are mandatory and the words
"may" is permissive.
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2.3 The provisions of this Ordinance shall be read as a
whole so as to effect the purposes of this Ordinance.
2.4 Section headings are descriptive and used merely for the
purpose of organization. Where inconsistent with the text, section
headings are to be disregarded.
SECTION 3. RIGHTS GRANTED
3.1 Grant of Right to Use Public Ways and Public Property.
The Village hereby grants to the Licensee the right, permission and
authority to construct, operate and maintain in and through the
Village its Electric System and to construct, operate and maintain
all such Utility Facilities as may be necessary or convenient for
such Electric System, in, upon, along, over, across, above and under
the Public Ways and Public Property in the Village, for the period
of time and upon the terms and conditions hereinafter specified.
3.2 Emergency Access to Public Ways and Public Property.
In the event of an emergency which the Licensee reasonably
believes poses a threat of immediate harm to the public or to any of
the Utility Facilities, the Licensee is hereby granted access to the
Public Ways and Public Property, without a permit, to ameliorate the
threatened harm. The Licensee shall promptly advise the Village of
the emergency.
3.3 Exemption From Parking Restrictions.
While used in the course of installation, repair and maintenance
work on the Utility Facilities, Licensee's vehicles shall be exempt
from parking restrictions of the Village.
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SECTION 4. CONDITIONS OF GRANT
4.1 Construction and Location of Facilities.
4.1.1 The Licensee or any Person acting on its behalf
may construct, repair, maintain, renew or replace Utility
Facilities located in the Public Ways, on Public,Property, or
on Other Ways, subject to the following conditions:
4.1.1.1 The Licensee shall obtain a permit in
accordance with the applicable ordinances of the Village.
The Licensee shall include with its permit application
such plans and schedules for restoration of the Public
Ways or Public Property as the Village may require by
ordinance.
4.1.1.2 The Licensee shall obtain all necessary
approvals from any Competent Authority for the performance
of said work, and such work shall be performed in
accordance with the plans and specifications approved or
prescribed by Competent Authority.
4.1.1.3 Except as provided in this Ordinance,
neither the Licensee nor any Person acting on its behalf
shall take any action or allow any action to be done which
may impair or damage the Public Ways, any property located
on the Public Ways, or the Public Property.
4.1.1.4 Neither the Licensee nor any person acting
on its behalf may interfere unreasonably with the use of
the Public Ways or Public Property by the general public
or by other Persons authorized to use or be present upon
said Public Ways or Public Property.
4.1.1.5 The Licensee shall provide reasonable notice
to the Village before beginning any work in Other Ways
within the Village.
4.1.1.6 To the extent practicable, the Licensee
shall notify the Village of plans to undertake any
construction, repair, maintenance or replacement of
Utility Facilities in conjunction with the annual planning
meeting provided for in Section 7.8. This notice shall be
in addition to any other notice requirements imposed by
other applicable ordinances. The notice requirements of
this paragraph do not apply to..the installation of lateral
service connections to individual customers.
4.1.1.7 In the event of an emergency, if prior
acquisition of formal authorization is not possible, the
Licensee or any Person acting on its behalf may undertake
the work described above without first acquiring formal
authorization, provided that the Licensee uses its best
efforts to contact the Municipal Emergency Electric
Representative prior to performing such work and provided
further that the Licensee shall apply for such formal
authorization at the earliest reasonable opportunity.
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4.1.2 All Transmission and Distribution Facilities
erected hereunder shall be placed in alleys wherever
practicable so to do, and shall be so placed, wherever located,
so as not to interfere unnecessarily with travel on or access
to the Public Ways.
4.1.3 Unless specifically permitted by the Village, all
Utility Facilities erected under this Ordinance shall be
located so as not to,injure any drains, sewers, catch basins,
water pipes, pavements or other public improvements.
4.1.4 All poles shall be of sufficient length to be
anchored substantially in the ground and to extend to a height
of at least 25 feet above the surface. Poles shall be
adequately braced wherever necessary.
4.1.5 All wires, conductors, transformers and other
apparatus that are attached to .utility poles shall be at a
sufficient height to preclude interference with free use of the
Public Ways.
4.1.6 Prior to filing any application with a Competent
Authority for the construction of any Generating Facilities or
High - Voltage Transmission Lines within the corporate limits of
the Village, the Licensee shall meet with the Village to
discuss such plans.
4.1.7 Any Utility Facilities in the Public Ways that
have been, or are at any future time acquired, leased or
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utilized in any manner by the Licensee are thereupon to be
deemed authorized by and shall be subject to all the provisions
of this Ordinance.
4.1.8 Except as otherwise provided herein, the Licensee
shall not be required to change the location, the height above,
or the depth below the Public Ways of those Utility Facilities
in place as of the effective date of this Ordinance.
4.2 Relocation or Removal of Facilities.
4.2.1 Upon receiving at least 30 days notice from the
Village, the Licensee shall, at its own expense, temporarily or
permanently remove, relocate, change or alter the position of
any Utility Facilities in Public Ways or Public Property
whenever the Corporate Authorities shall have determined that
such removal, relocation, change or alteration: (1) is
reasonably necessary for the construction, repair, maintenance,
improvement or use of such Public Ways or Public Property; (2)
is reasonably necessary for the location, construction,
replacement, maintenance, improvement or use of other Property
of the Village; or (3) is reasonably necessary for the
operations of the Village. The Village agrees to engineer the
projects in the Public Ways or Public Property either so as not
to require any such removal, relocation, change or alteration
or, if that is not reasonably feasible, so as to minimize the
Licensee's expenses in making such removals, changes or '
alterations. The Licensee will not be responsible for the
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expense of removals, relocations, changes or alterations
required by the Village primarily for the purpose of assisting
either private projects or a municipal electric utility.
4.2.2 Whenever it shall be necessary for the Village or
any other Person to move along or across the Public Ways, any
vehicle, equipment, structure or other object of such height or
size as will interfere with any of the Licensee's Overhead
Facilities, the Licensee shall temporarily remove such Overhead
Facilities from such place as must necessarily be crossed by
such vehicle, equipment, structure or other object, provided
that: (1) the Licensee shall receive at least 24 hours notice
thereof from the Village Electric Representative; (2) the
Licensee shall have received payment for such removal, where
payment is required; and (3) such temporary removal shall be
done at such time of the day or night as will least interfere
with the Licensee's use of such wires and poles for the benefit
of the inhabitants of the Village and the successful operation
of the Licensee's Electric System. It is understood that the
Licensee shall bear the expense.of any such temporary removals
for projects being undertaken by or for the benefit of the
Village or its agent and that the expense of all other such
temporary removals shall be borne by the Person requesting such
removal. All questions as to the time when any of said wires
and poles shall be so cut, removed or adjusted for the purpose
aforesaid shall be decided by the Municipal Electric
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Representative, and such decision shall be final.
4.3 Restoration of Public Ways or Public Property.
4.3.1 When the Licensee, or any Person acting on its
behalf, does any work in or affecting the Public Ways or Public
Property, it shall, at its own expense, remove any obstructions
therefrom and restore such Public Ways or Public Property to as
good a condition as existed before the work was undertaken,
unless otherwise directed by the Village.
4.3.2 If weather or other conditions do not permit the
complete restoration required by this paragraph, the Licensee
may temporarily restore the affected Public Ways or Public
Property upon receiving the approval of the Village Electric
Representative, provided that such approval shall not be
unreasonably withheld. Such temporary restoration shall be at
the Licensee's sole expense and the Licensee shall promptly
undertake and complete the required permanent restoration when
the weather or other conditions no longer prevent such
permanent restoration.
4.3.3 Upon the request of the Village, the Licensee
shall restore the.Public Ways or Public Property to a better
condition than existed before the work was undertaken, provided
that the Village shall bear any additional costs of such
restoration.
4.3.4 If the Licensee fails to restore the Public Ways
or Public Property or to remove any obstruction therefrom, as
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required by this paragraph, the Village may, after
communications with the Edison Representative and after
affording the Licensee a reasonable opportunity to correct the
situation, give seven days written notice to the Licensee, and
thereafter restore such Public Ways or Public Property or
remove the obstruction therefrom. No such prior written notice
shall be required in the event that the Village determines that
an emergency situation exists. The Licensee shall pay the
Village for any such restoration or removal within 14 days
after receiving a bill from the Village for such work.
4.4 Trimming of Trees and Vegetation. From time -to -time,
when the Licensee believes it to be warranted by existing
conditions, the Licensee shall, at its own expense, cause the trees
and vegetation growing upon or overhanging any of the Public Ways or
Public Property in the Village where Utility Facilities are erected
to be trimmed in such a manner that there shall be a proper
clearance between the nearest wires or equipment and any portion of
the trees or vegetation. The trees and vegetation shall be trimmed
so that no branches, twigs or leaves come in contact with or in any
way interfere with the Utility Facilities. The Licensee shall
notify the Village Electric Representative no less than seven days
before it plans to perform such work. The Village Electric
Representative shall approve the time, place and manner of
performing such work.
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4.5 Tree Location Program.
4.5.1 Tree Removal and Replacement. The Licensee and
the Village agree to develop a cooperative program for the
removal and replacement of certain municipally owned trees
located in the Public Ways or on Public Property which conflict
or potentially conflict with the Overhead Facilities. The
trees to be removed and replaced shall be designated by the
Village after consultation with the Edison Representative.
Within 30 days after receipt of a written notice from the
Village of trees to be removed, the Licensee shall schedule a
removal date acceptable to the Village, and shall remove the
designated trees and dispose of all tree brush except that the
Village shall dispose of all stumps and logs over four inches
in diameter. The Village shall purchase, plant and maintain
all trees planted pursuant to the tree removal and replacement
program, and the Licensee shall reimburse the Village for
one -half of the Village's cost of tree replacement, up to a
maximum amount of $125 per tree. The reimbursement shall be
made to the Village within 60 days after the Licensee's receipt
of a written request for reimbursement.
4.5.2 Tree Selection. The Village agrees to implement
a policy for the purpose of regulating tree planting on the
Public Ways or Public Properties so as to allow only such
low- growing trees.species as will not attain a mature height
that will conflict with primary electrical lines and thereby
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require line clearance maintenance. Such policy shall not
preclude planting upright, columnar or pyramidal shaped trees
to the side of power lines, thereby avoiding the need for
severe and disfiguring line clearance tree trimming.
4.5.3 Tree Location. The Village agrees that it will
attempt to locate new trees and other new vegetation on the
Public Ways and Public Property so as to minimize contact with
Utility Facilities.
4.5.4 Duration of Program. The Tree Location Program
provided for in the foregoing paragraphs shall remain in effect
for the first 10 years of this Agreement, after which it shall
be renewed on terms that are mutually agreeable.
4.6 Use of Utility Facilities. The Licensee shall, when
requested by the Village, (1) permit its Overhead Facilities to be
used for the suspension and maintenance of wires and (2) permit its
Underground Facilities to be used for the running and maintenance of
wires, both as may be reasonably required either by the Village or
by other Persons holding a valid municipal license or other valid
authorization to use the Public Ways or Public Property. Except as
provided in the following sentence, the Village shall be entitled to
make such use without charge. Such use by other Persons, and such
use by the Village for a proprietary purpose, shall be subject to
such terms and conditions, including fees, as the Licensee may
reasonably require. Such use of the Utility Facilities shall be
under the supervision and direction of the Licensee so as not to
materially interfere with the Licensee's present or reasonably
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contemplated usage of the Utility Facilities. Such use may not be
for the purpose of allowing any Person to transmit or distribute
electricity. The Village agrees to save and keep harmless the
Licensee from any and all liability incurred by the Licensee as a
result of the Village's use of the Utility Facilities pursuant to
this paragraph. In no event shall the Village be responsible for
liability incurred by the Licensee as a result of the use of the
Utility Facilities by other Persons.
4.7 Removal of Facilities. The Licensee shall promptly
remove from the Public Ways and Public Property all above ground
wires and the supports therefor whose use is abandoned and shall
either promptly remove or board up or render reasonably unaccessible
all other Utility Facilities whose-use is abandoned or
discontinued. The Licensee shall take reasonable steps to prevent
any such non - removed Utility Facilities from becoming nuisances.
4.8 Undergrounding of Facilities. The Licensee will
relocate its Overhead Distribution Facilities in or on Public Ways
and Public Property in the Village, other than alleys, by placing
the Overhead Distribution Facilities underground, or rerouting them
if necessary, if so requested by the Village. The Overhead
Distribution Facilities to be placed underground or rerouted shall
not exceed 500 feet annually and will be determined by the mutual
agreement of the Licensee and the Village; the agreement of the
Licensee will not be unreasonably withheld. Scheduling of the
requested work to be performed will be in accordance with the
Licensee's normal work scheduling practices. The total cost for
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such work including, but not limited to, material, labor and
overhead shall not exceed .40 percent of the revenues collected by
the Licensee in the prior calendar year for electric service in the
Village; except that if, on or before November 15, 1991, the
Licensee had made a written offer to the Village to underground its
Overhead Distribution Facilities at the rate of either 500 feet
annually or 2,500 feet every five years, then the cost of such work
shall not be subject to the foregoing limitation. The number of
feet available to be undergrounded or rerouted in any year which are
not utilized may be carried forward for utilization in future years.
SECTION 5. SERVICE CONSIDERATIONS
5.1 Adequate Supply of Power. The Licensee shall at all
times take all reasonable and necessary steps to assure an adequate
supply of electricity to its customers within the Village at the
lowest reasonable cost consistent with long term reliable supplies.
The Licensee shall from time -to -time make such enlargements and
extensions of its Facilities as are necessary to adequately provide
for the requirements of the Village and its residents.
5.2 Duty to Provide Electricity. The Licensee shall furnish
electricity within the corporate limits of the Village to the
Village and to the inhabitants thereof, and to any person or persons
or corporation doing business in the Village. All such electricity
shall be furnished at the rates and under the terms and conditions
as provided from time -to -time by the ICC.
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5.3 Nondiscrimination. The Licensee shall not, as to rates,
charges, service, facilities, rules, regulation or in any other
respect, make or grant any preference or advantages to any
corporation or person or subject any Person to any prejudice or
disadvantage; provided that nothing in this grant shall be taken to
prohibit the establishment from time -to -time of graduated scales of
charges and classified rate schedules to which any customer coming
within an established classification would be entitled.
5.4 Maintenance of Facilities.
5.4.1 All Utility Facilities shall be maintained in good
condition.
5.4.2 All Utility Facilities shall be maintained in,
such a manner that they do not create hazardous conditions for
the Public Ways or Public Property.
5.5 Service Interruptions.
5.5.1 The Licensee shall make all reasonable efforts to
prevent power surges and interruptions of service. When power
surges or interruptions occur, the Licensee shall reestablish
service with the shortest possible delay consistent with
general safety and public welfare.
5.5.2 The Licensee shall make all reasonable efforts to
notify the Municipal Electric Representative or the Municipal
Emergency Electric Representative of major service
interruptions within the Village within one hour after the
Licensee learns of such interruption. If, at the time such
notification is made, the Licensee is not able to provide an
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estimate of when service is expected to be restored, such
information shall be provided to the Municipal Electric
Representative or the Municipal Emergency Representative as it
becomes available. A major service interruption is defined
as: (1) an outage with an interrupted load of greater than
1,000 KVA and persisting for 15 minutes or more; or (2) any
outage with a significant impact, as such term may be defined
by agreement between the Village and the Edison Representative,
lasting 15 minutes or more.
5.5.3 No less than 24 hours prior to beginning
scheduled maintenance, scheduled repairs or other scheduled
work on its'Utility Facilities that may result in an
interruption of electric service to customers in the Village,
the Licensee shall make a good faith effort to provide written
notice to potentially affected customers and to the Municipal*
Electric Representative of the scheduled time and estimated
duration of the work. The Licensee shall make a good faith
effort to notify potentially affected customers and the
Municipal Electric Representative prior to performing any
emergency work on its Utility Facilities that may result in an
interruption of electric service to customers in the Village.
5.5.4 The Licensee shall keep records of interruptions
affecting service within the Village. -An interruption will be
considered as a failure of any portion of the system or
equipment whereby the voltage is reduced to less than 50
percent of the standard voltage for a period longer than one
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minute, except that where automatic reclosing equipment is used
only "circuit breaker lockout" shall be so considered, unless
the ICC promulgates a rule or regulation setting forth a
different standard for defining an interruption; provided that
the Licensee shall notify the Village of any docket opened by
any Competent Authority that would change the standard, and
provided further that the standard set forth herein shall
remain in effect if the Competent Authority sets no standard by
rule or regulation. The record shall show the date, time of
day, duration, extent and cause of the interruption.
5.5.5 The Licensee shall also maintain records showing
the average customer outage frequency -and duration both within
the Village and for the Licensee's system as a whole.
5.5.6 Upon the request of the Village, but no less than
once a year, the Licensee shall provide the Village with
reports providing the information contained in the records
maintained pursuant to Sections 5.5.4 and 5.5.5.
5.5.7 On October 23, 1991, the Licensee filed with the
ICC the rider set forth in Exhibit A hereto to provide for a
service policy allowing customers whose electric service is
interrupted because of an operating error or equipment
malfunction for twelve or more consecutive hours to receive a
credit against the monthly customer charge.
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SECTION 6. ECONOMIC AND TECHNOLOGICAL PROVISIONS
6.1 Technological Advances. The Licensee shall investigate,
develop and incorporate technological advances into its equipment
and service in its sole discretion and subject to order of Competent
Authority. Upon the request of the Village, the Licensee shall
discuss such technological advances at the annual meeting provided
in Section 7.8.
6.2 Cogeneration and Small Power Production Facilities.. The
Licensee shall provide, on a timely basis, such information as may
reasonably be required for interconnection with-the Licensee's
system by the Village, if the Village desires to develop a
Qualifying Facility, and by any Person doing business .in the Village
that desires to develop a Qualifying Facility related to its
business in the Village. A Qualifying Facility is a cogeneration
facility or small power production facility which meets the criteria
for qualification set forth in subpart B of 18 C.F.R. 292, as it may
be amended from time -to -time.
6.3 Demand Side Management. The Licensee shall make
systemwide expenditures in connection with the least cost planning
process of $25,000,000 through 1996 in furtherance of its
recognition of the Village's strong commitment to energy
conservation and compliance by the Licensee with the least cost
planning provisions of the Public Utilities Act. In addition, to
the extent that Energy Efficiency /DSM programs are identified during
the five year period described above that are cost justified in the
good faith judgment of the Licensee, the Licensee shall expend
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at least an additional $25,000,000 in the implementation of such
programs. The Licensee shall implement cost - effective Energy
Efficiency /DSM programs, consistent with the Licensee's least cost
planning requirements as an integral part of the Licensee's
provision of electricity to its customers. Examples of programs
which the Licensee will consider for its Energy Efficiency /DSM
program are home weatherization and the maintenance of appliances
and air - conditioning systems at peak efficiency. The Licensee shall
be required to implement only those Energy Efficiency /DSM programs
that are approved by the ICC and for which the Licensee can recover
from its customers (i) program costs, (ii) offsets for lost revenue
and stranded investment (if any) resulting from such program and
(iii) any appropriate return to the Licensee on such costs, lost
revenues and stranded investments, as approved by the ICC. The
Licensee shall provide the Village with notice of the specifics of
the Energy Efficiency /DSM programs within two business days of the
ICC's acceptance of the Licensee's proposal for filing. .
6.4 Environmental Protection. The Licensee shall make such
efforts as it deems necessary to meet the standards required for its
Utility Facilities in the Village to meet applicable federal and
state air and water pollution laws. Upon the request of the
Village, the Licensee shall discuss such environmental matters at
the annual meeting provided for in Section 7.9.
6.5 Economic Sources of Power. As part of its provision of
electricity to the Village, the Licensee shall take efforts to
obtain electric power from sources other than its Electric System,
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when it considers obtaining such power to be cost effective and as
may be required by 83 Ill. Admin. Code, Part 430, as it may be
amended from time -to -time. In connection therewith, the Licensee
shall make such adjustments to its rates as required by the ICC.
SECTION 7. ADMINISTRATION
7.1 Representatives.
7.1.1 The Licensee agrees to maintain such local offices
and facilities as it deems adequate for the purposes of
providing repair and maintenance services and personnel
available during office hours to address concerns the Village
might have regarding the provision of electric service and the
administration of this Ordinance. The Licensee shall provide
the Village with the Location and telephone number of the local
office and the name and telephone number of the Edison
Representative.
7.1:2 The Licensee further agrees to maintain such
local offices and facilities as it deems adequate for the
purposes of providing the Village with 24 -hour emergency
service pertaining to the operation of the Utility Facilities.
The Licensee shall provide the Village with the location and
telephone number of the local office, the name of the Edison
Emergency Representative and the telephone number or numbers at
which the Edison Emergency Representative can be reached 24
hours a day.
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7.1.3 The Village agrees to provide the Licensee with
the name of the Municipal Electric Representative and the
telephone number or numbers at which the Municipal Electric
Representative can be reached during office hours.
7.1.4 The Village agrees to provide the Licensee with
the name of the Municipal Emergency Electric Representative and
the telephone number or numbers at which the Municipal
Emergency Electric Representative can be reached 24 hours a day.
7.1.5 The Village and the Licensee agree that each one
will promptly notify the other party in the event that any of
the information required under the foregoing sections is
changed, so as to keep such information current at all times
while this Ordinance remains in effect.
7.2 Facilities Maps. Upon the request of the Village, the
Licensee shall provide the Village with a current map or set of
maps, showing the location of all Utility Facilities installed in or
under Public Ways within the corporate limits of the Village
provided that the Licensee shall not be required to prepare new maps
to comply with this provision if no such maps exist.
7.3 Duty to Provide Information. The Licensee shall, from
time -to -time, furnish such additional information as the Village may
reasonably deem to be necessary to enable it to determine whether
the Licensee is complying or has complied with the provisions of
this Ordinance, other than those matters subject to the exclusive
jurisdiction of a Competent Authority other than the Village. The
Licensee shall not be required to provide information as to which it
has a legal privilege to refuse to provide.
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7.4 Disclosures of Documents or Information. The Village
agrees that no documents or information provided to the Village by
the Licensee in accordance with this Ordinance shall be made
available to the public if such documents or information are exempt
from disclosure under the provisions of the Freedom of Information
Act or Section 5 -108 of the Public Utilities Act, as such statutes
may be amended from time -to -time.
7.5 Inspection of Facilities. The Licensee shall permit the
Village, at reasonable times and upon reasonable notice, to inspect
the Utility Facilities within the corporate boundaries of the
Village so as to determine whether the Licensee is complying or has
complied with the provisions of this Ordinance, other than those
matters subject to the exclusive jurisdiction of a Competent
Authority other than the Village.
7.6 Superintendent of Public Works. The Superintendent of
Public Works, or such other person as the Corporate Authorities may
designate from time -to -time, is hereby designated the official of
the Village having full power and authority to take appropriate
action for and on behalf of the Village to administer and enforce
the provisions of this Ordinance and to investigate any alleged
violations or failures of the Licensee to comply with the provisions
hereof or to adequately and fully discharge its responsibilities and
obligations hereunder.
7.7 Notices.
7.7.1 Notice to Village. Unless otherwise specified
herein, all notices from the Licensee to the Village under
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this ordinance shall be made in writing and delivered to the
Village Manager at the following address:
Mr. Robert Franz
Village Manager
Village of Deerfield
850 Waukegan Road
Deerfield, Illinois 60015
7.7.2 Notice to the Licensee. Unless otherwise
specified herein, all notices from the Village under this
ordinance shall be made in writing and delivered to Ms. Kathryn
Houtsma, Director, Regulatory Affairs, at the following address:
Ms. Kathryn Houtsma
Director, Regulatory Affairs
Commonwealth Edison Company
P. O. Box 767
Chicago, IL 60690 -0767
7.7.3 Changes in Person or Place for Notification. In
the event that either the Village or Licensee changes the
person to whom written notices are to be directed or the
address to which such notices are to be sent, the party making
the change shall promptly notify the other party of such change
in writing.
7.7.4 All notices shall be effective upon their receipt
by the person or persons to whom they are directed.
7.8 Coordination of Construction Activities. The Licensee
and the Village agree to exercise their best efforts to coordinate
to the extent practicable the timing of construction activities of
each so as to minimize any public inconvenience that might
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otherwise occur. In conjunction with this goal, shortly after
January 1 of each year, as agreed by the parties, the Licensee shall
meet with the Village and such other users of the Public Ways as may
be invited by the Village to discuss scheduling of construction in
the Public Ways in that calendar year.
7.9 Annual Meeting. No less than once a year, the Licensee
shall attend a meeting of the Corporate Authorities to provide a
status report of the Licensee's activities within the Village during
the previous year, to outline its planned activities for the next
year, and to answer questions the Corporate Authorities may have
regarding the Licensee's performance under this Ordinance.
7.10 Notice of Boundary Changes. The Village agrees to
notify the Licensee in writing of any ordinance, statute or court or
administrative action that causes a change in the Village's
boundaries. Failure to give such notice excuses the Licensee both
from non - compliance with this Ordinance and from the non - collection
of municipal utility taxes within the area affected until such
notice is given.
7.11 Notice of Regulatory Changes. In the event that either
the ICC or the FERC opens a docket or proposes an administrative
rule that 1) would directly affect the Licensee and 2) would, in the
Licensee's opinion, be inconsistent with or change any provision of
or duty under this Ordinance, the Licensee, within seven days of
determining such inconsistency, shall notify the Village of such
docket or proposed rule and what it thinks is the inconsistency.
The Licensee shall make a good faith effort to make such
- 28 -
determination and to give such notice prior to the expiration of any
intervention period or comment period.
7.12 Notice of Actions Before Competent Authorities. In
the event that the Licensee becomes a party to any proceedings of a
Competent Authority that 1) would directly affect the Licensee and
2) would, in the Licensee's opinion, be inconsistent with or change
any provision of or duty under this Ordinance, the Licensee, within
seven days of determining such inconsistency, shall notify the
Village of such proceeding and what it thinks is the inconsistency.
The Licensee shall make a good faith effort to make such
determination and to give such notice prior to the expiration of any
intervention period or comment period.
7.13 Notice of Requests for Rate Changes. The Licensee
shall notify the Village of any applications the Licensee may make
to the ICC to effectuate any change in its rates, including the
riders thereto. The notice shall be made in accordance with the
notice provisions of this Ordinance, and shall be sent no later than
two business days following the date on which the rate application
is accepted for filing by the ICC. For each rate or charge affected
by the application, the notice shall contain a statement of the
existing rates'or charges and all proposed rates or charges. If the
proposed rates or charges are to be phased in over a period of time,
the notice shall also contain a statement of the proposed rates or
charges for each increment and the time period each incremental
increase is to be in effect. Upon the written request of the
Village, the Licensee shall send the Village a copy of the complete
- 29 -
application filed with the ICC. This provision shall not apply to
applications filed solely for the purpose of effectuating municipal
utility taxes.
SECTION 8. COMPENSATION
8.1 Municipal Compensation. The Licensee will during each
calendar year throughout the life of the Ordinance, supply without
charge to the Village such an amount of electric energy as may be
reasonably necessary for: (1) lighting and various other uses in
municipal buildings solely occupied for municipal purposes and not
for purposes of revenue (or such part thereof as may from
time -to -time be so occupied) as may be identified as eligible for
such electric energy by the parties; (2) traffic signals. The
foregoing arrangement shall be effective beginning with readings
made after the date hereof of meters measuring electric energy for
the above purposes at locations set forth in Exhibit B hereto.
Exhibit .B shall be amended from time -to -time during the term of this
Ordinance so as to maintain a current list of the locations and
traffic signals eligible to receive service under the terms of this
section. None of said electric energy so to be supplied without
charge to the Village shall be used by the Village for heating,
street lighting, water pumping or other such power purposes. Nor
shall any of said energy be resold for any purpose whatsoever.
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8.2 Waiver of Certain Fees and Charges. The consideration
provided to the Village by this Ordinance shall be in lieu of: (1)
any permit, license, inspection or other similar fees or charges
imposed by the Village upon Persons for use of the Public Ways; or
(2) any permit or license fee imposed by the Village upon any
Persons for the operation of a business similar to that conducted by
the Licensee.
SECTION 9. MUNICIPAL RIGHTS RESERVED
9.1 Police Powers. The Village expressly reserves the right
to adopt, from time -to -time, in addition to the provisions contained
herein, such ordinances, rules and regulations as the Corporate
Authorities may deem necessary in the exercise of the police power
for the protection of the health, safety and welfare of the
Village's citizens and their properties.
9.2 Regulation of Public Ways and Public Property. The
Village expressly reserves the right to enforce reasonable
regulations concerning access to or use of the Public Ways or Public
Property, as may from time -to -time be provided by ordinance,
including requirements for permit applications.
9.3 Municipal Acquisition of Facilities.
9.3.1 Purchase. At any time while this Ordinance
remains in effect, upon written notice from the Village to the
Licensee, the Village may offer to purchase from the Licensee
any or all of the Utility Facilities located within the
Village, or any lesser interest thereof, free and clear of all
mortgages and other liens in any manner provided for by law.
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9.3.2 Condemnation. Nothing herein shall be deemed or
construed to impair or affect, in any way or to any extent, the
right of the Village to acquire the property of the Licensee,
either by purchase or through the exercise of the right of
eminent domain, and nothing herein contained shall be construed
to contract away or to modify or abridge, either for a term or
in perpetuity, the Village's right of eminent domain.
9.3.3 Continuation of Service. In the event the
Village takes any action pursuant to this Section 9.3, the
Licensee agrees that it shall continue to supply electric
service within the Village and shall continue to comply with
the provisions of this Ordinance until the acquisition of the
Utility Facilities has been finalized and the ICC has
authorized the Licensee to discontinue service within the
Village.
9.4 Non - Exclusive Grant.
9.4.1 Nothing in this Ordinance shall be construed to
grant the Licensee an exclusive franchise to operate within the
corporate limits of the Village.
• 9.4.2 The Village reserves the right to make a similar
use or grant a similar use in the Public Ways to any other
Person.
9.4.3 The Village agrees to require all other
contractors, subcontractors, franchisees, licensees and
permittees in the Public Ways not to interfere unreasonably
with the rights of the Licensee in the Public Ways.
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9.5 Right to Compete with Licensee. Nothing in this
Ordinance shall be construed as a waiver of the Village's
rights to own and operate an electric utility in competition
with the Licensee or to acquire any or all of the Licensee's
Utility Facilities in such manner as may from time -to -time be
provided by law.
9.6 Small Power Production and Cogeneration. The Village
expressly reserves the right to engage in the production of
electric energy, both from conventional power plants and from
cogeneration and small power production facilities.
SECTION 10. TERM AND TERMINATION
10.1 Term. The franchise granted by this Ordinance shall
last for a term of 65 years from its effective date, except that, at
the sole option of the Village, it may be terminated at the end of
the 15th year prior to the year in which it would otherwise
terminate, provided that the Village notifies Edison in writing of
its intent to terminate within the first three months of the 15th
prior year.
10.2 Acceptance. The Licensee shall accept this Ordinance
by filing with the Clerk an unconditional written acceptance hereof,
to be duly executed according to law, along with proof of compliance
required by Sections 14.2 and 14.3. The failure of the Licensee to
so accept this Ordinance within 30 days of enactment shall be deemed
a rejection hereof by the Licensee, and the rights and privileges
- 33 -
herein granted shall absolutely cease and determine unless said
period of time shall be extended by an ordinance duly passed by the
Corporate Authorities for that purpose before the expiration of the
30 day period.
10.3 Effective Date. This Ordinance shall be in full force
and effect upon the Licensee's filing of its acceptance as provided
hereinabove or upon its passage and publication as required by law,
whichever is later.
10.4 Reopener. At any time, but no more than once in.any 10
year period, either party may require both parties to negotiate in
good faith on any proposed amendment to this Ordinance. The subject
of any proposed amendment shall be set forth in written notice.
10.5 Amendments. Except for the amendments to Exhibit B
required under section 8.1, no revision, modification or amendment
of this Ordinance shall be effective unless it has been passed by
the Corporate Authorities and accepted by the Licensee in writing.
10.6 Renewal. At any time during the first 60 days of the
last year occurring prior to the expiration date of this Ordinance,
Edison may request the Village to enter into negotiations toward
renewing or extending this Ordinance. Any renewal or extension
shall be according to terms that are mutually agreeable and the
Village shall not be bound to accept any particular terms or to
renew any or all of the rights granted by this Ordinance.
10.7 Termination. The rights and obligations of the
Licensee under this Ordinance shall be terminated upon the end of
the term of this Ordinance, or at the end of the 15th year prior
- 34 -
to the term of this Ordinance if the Village has exercised its
option to terminate under Section 10.1, or upon the Licensee's
forfeiture as provided in Section 11.
10.8 Rights Upon Termination.
10.8.1 Upon any termination of its rights and obligations
under this Ordinance, the Licensee shall not refuse to provide
electric service to any potential customers within the Village
unless a petition for abandonment has been filed with and
approved by the ICC.
10.8.2 Notwithstanding the termination of the Licensee's
rights and obligations hereunder, by forfeiture or otherwise,
the Licensee shall remain subject to all other applicable
regulations and authority of the Village, without limitation,
as long as the Licensee continues to provide electrical service
within the Village or the Licensee's Utility Facilities remain
in the Public Ways or on Public Property.
10.8.3 Any claims for indemnification for Liability
incurred by the Village, its boards, committees, commissions,
officers, agents and employees arising from any incidents that
occurred on or before the termination of this Ordinance shall
survive the termination, provided that such claims for
indemnification are timely made.
SECTION 11. REMEDIES
11.1 Subject to the limitations. in Sections 11.2, 11.3 and
11.4 below, in the event the Licensee or the Village fails to
fulfill any of their respective obligations under this Ordinance the
Village or the Licensee, whichever the case may be, will'have claims
- 35 -
for breach of contract and specific performance against the other in
addition to any other remedy provided under this Ordinance or
otherwise provided by law, except that no remedy that would have the
effect of amending the specific provisions of this Ordinance shall
become effective without such action as would be necessary to
formally amend the Ordinance.
11.2 In the event that the Licensee violates any terms of
this Ordinance for conduct that is subject to the exclusive
jurisdiction of a Competent Authority other than the Village, the
sole remedy for such violation shall be before that other Competent
Authority. For purposes of determining the applicability of this
Section 11.2, no provision of this Ordinance may be used as the sole
basis to defeat the exclusive jurisdiction of such Competent
Authority.
11.3 In the event that the Licensee violates any term of
this Ordinance for conduct that is also a violation of another
applicable Village ordinance, the Licensee shall be subject to
remedies under that other ordinance plus ordinary contract remedies
under this Ordinance. Licensee shall not be subject to be fined
under both Section 11.6 of this Ordinance and another ordinance of
the Village for the same conduct.
11.4 Subject to the limitation of Section 11.2, at the
option of the Village, upon the finding by the Village that the
Licensee has failed or refused to observe any terms and conditions
of this Ordinance, the Village may notify the Licensee in writing of
the terms and conditions which it has not observed. The notice shall
- 36 -
inform the Licensee of the actions which the Licensee must take to
correct the violation and shall grant the Licensee a reasonable
period of time to cure such failure or violation. In the case of an
emergency, the notice need not be made in writing. If a Competent
Authority other than the Village has determined that the action
giving rise to the Village's notice constituted a violation of an
applicable rule, regulation or order of such Competent Authority,
then the cure period granted by the Village shall be no less than
the cure period ordered by such Competent Authority. If the
Licensee does not eliminate or correct such failure or violation in
accordance with the notice, the Licensee's rights under this
Ordinance may be forfeited or the Licensee may be subjected to any
other remedies afforded by this Ordinance, including the assessment
of fines.
11.5 In the event that a Competent Authority revokes or
suspends any license, certificate or other authorization held by the
Licensee for the purpose of either operating any portion of its
Utility Facilities within the Village or providing electrical
service within the Village, then the Licensee's rights under this
Ordinance shall likewise be revoked or suspended, without further
notice from the Village. The Licensee's rights under this Ordinance
shall be reinstated (1) if the Competent Authority rescinds its
revocation or suspension; (2) if the revocation or suspension order
is overturned upon review by a. Competent Authority; (3) if the
Competent Authority reinstates the Licensee's license; or (4) if the
suspension expires of its own terms. The original termination date
- 37 -
of this Ordinance shall not be affected if the rights forfeited
under this Ordinance are reinstated as provided herein.
11.6 If, after failing to correct a violation of the terms
and conditions of this Ordinance in accordance with the notice
issued to the Licensee under Section 11.4, the Licensee is found
guilty of violating any provision of this Ordinance for which the
Village is a Competent Authority, then the Licensee shall be fined
not less than one Hundred Dollars ($100.00) nor more than Five
Hundred Dollars ($500.00) for each offense, and a separate offense
shall be deemed committed on each day during or on which a violation
occurs or continues.
SECTION 12. NON - DISCRIMINATION AND EQUAL OPPORTUNITY
12.1 Non- Discrimination. The Licensee represents that it
will not discriminate against any person employed or seeking
employment with respect to hiring, promotion or tenure, or to terms,
conditions or privileges of employment, on account of race, color,
sex, religion, national origin or ancestry, including, without being
limited to, any employment practice whereby the Licensee or any
agency engaged or used by the Licensee makes inquiry with respect to
the race, color, sex, religion, national origin or ancestry of any
applicant for employment by the Licensee.
- 38 -
12.2 Affirmative Action.
12.2.1 The Licensee shall make good faith efforts to
expand opportunities for minorities and women in all areas of
employment, including but not limited to: hiring, promotion,
recruitment or recruitment advertising, compensation, and
selection for training and apprenticeship.
12.2.2 The Licensee shall continue and expand its
minority purchasing program and its efforts to promote and
enhance contracting opportunities for minorities.
SECTION 13. LAWS, RULES AND REGULATIONS
13.1 Compliance with Laws. Rules and Regulations. While this
Ordinance remains in effect, the Licensee shall promptly and fully
comply with all applicable statutes, ordinances, judgments, decrees,
orders, rules and regulations of any Competent Authority other than
the Village having jurisdiction over the Licensee's activities.
13.2 Compliance with Municipal Ordinances. Rules and
Regulations. While this Ordinance remains in effect, the Licensee
shall promptly and fully comply with all applicable orders, rules,
regulations and ordinances of the Village.
13.3 Violation of Laws. Rules and Regulations. Any claim by
the Village that the Licensee has violated any provision of this
Section 13, shall be subject to the procedures set forth in Section
11 of this Ordinance.
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SECTION 14. INDEMNIFICATION, INSURANCE AND PERFORMANCE SECURITY
14.1 Indemnification. The Licensee shall indemnify, become
responsible for and forever save harmless the Village, its boards,
committees, commission, officers, agents and employees from any and
all Liability incurred by them:
14.1.1 for loss or damage to property of the Licensee,
its officers, agents, employees, licensees and invitees in the
Public Ways or on Public Property pursuant to this Ordinance or
for injury to or death of any such employee, agent or licensee
while in the Public Ways or on Public Property pursuant to this
Ordinance, however arising; and
14.1.2 arising directly or indirectly from any act or
omission of the Licensee or any Person acting on its behalf
done or claimed to have been done by virtue of or pursuant to
this Ordinance or by virtue of or pursuant to order, rule,
regulation or authorization by the ICC.
14.2 Comprehensive Liability Insurance or Self- Insurance.
At all times while this Ordinance remains in effect, and in
recognition of the indemnification provided in the foregoing Section
14.1, the Licensee shall, at its own cost and expense, maintain a
program of third party liability insurance and /or self- insurance to
protect the Village, its officers, employees and agents from any
liability for bodily injury, death, and property damage occasioned
by the activities -of the Licensee under this Ordinance. As proof of
compliance with this requirement, the Licensee shall, during the
life of this ordinance, keep on file with the Clerk a certificate
- 40 -
of insurance and /or an affidavit of self- insurance. Said
certificate and /or affidavit shall show the types and amounts of
coverage. Any affidavit of self - insurance shall be signed by an
employee or officer of the Licensee who has knowledge of the
Licensee's self - insurance program and is authorized to make
representations as to the scope of said program, and shall contain a
statement making such representations.
14.3 Indemnification Security. As security for the
indemnification required in Section 14.1, the Licensee shall, during
the life of this Ordinance, keep on file with the Clerk a good and
sufficient bond in the penal sum of Five Thousand Dollars
($5,000.00) conditioned to protect and indemnify the Village as
provided in Section 14.1. Said bond shall be subject to the
approval of the Corporate Authorities. The Village reserves the
right: (1) to require the Licensee to renew said bond whenever, in
the opinion of the Corporate Authorities, such action may be
necessary; and (2) to require the Licensee to increase the amount of
said bond or to provide additional or other security in the event
said bond is insufficient to fully cover a claim made against it,
provided that the amount of the increased bond does not exceed the
total amount of the claim made against it, and provided further that
the value or amount of such other or additional security does not
exceed Five Thousand Dollars ($5,000.00) or the total amount -of the
claim made against the original bond, whichever is greater.
- 41 -
SECTION 15. MISCELLANEOUS PROVISIONS
15.1 Transfer and Assignment.
15.1.1 Except in the event of the merger, consolidation or
.reorganization of the Licensee, the Licensee shall not have the
right to assign its rights and privileges under this Ordinance
or to otherwise transfer it in any manner whatsoever, without
the prior written approval of the Village, pursuant to an
ordinance enacted by the Corporate Authorities.
15.1.2 In the event of a transfer or assignment of the
Licensee's rights and privileges under this Ordinance, all
provisions of this Ordinance which are obligatory upon, or
which inure to the benefit of, the Licensee shall also be
obligatory upon and shall inure to the benefit of any and all
successors and assigns of the Licensee.
15.2 Ordinance as Contract. This Ordinance shall have the
effect of and shall be a contract between the Village and the
Licensee and shall be a measure of the rights and obligations of the
Village as well as of the Licensee.
15.3 Ordinance Requirements as Voluntary Undertaking. The
Licensee and the Village understand that the general operations of
the Licensee are under the jurisdiction of the ICC and the FERC.
The Licensee has voluntarily agreed to perform the duties and
obligations set forth in this Ordinance, provided that such
performance does not violate any applicable regulatory standard or
any applicable statutes, ordinances, or judgments or decrees of
administrative or judicial tribunal.
- 42 -
15.4 Scope of Ordinance. No privilege or exemption is
granted or conferred to Licensee by this Ordinance unless
specifically provided herein. The permission and authority granted
by this Ordinance are not intended to limit or modify any agreement,
franchise, license or permit previously granted by the Village to
any other Person for the use or occupancy of the Public Ways, and
the Licensee shall therefore exercise the rights granted by this
Ordinance in such a manner as shall neither unreasonably interfere
with the rights, nor endanger or impair the property, of other
contractors, franchisees, licensee and permittees in the Public
Ways. The Village agrees to require other contractors, franchisees,
licensees and permittees of the Village to exercise their rights
under such agreements, franchises, licenses and permits in such a
manner as shall neither unreasonably interfere with the rights nor
endanger or impair Utility Facilities of the Licensee located in the
Public Ways.
15.5 Expenses To Be Borne By Licensee. Unless specifically
provided to the contrary, the Licensee shall be responsible for
procuring, through rates or otherwise, the revenues necessary to
meet the expenses of its performance under and its compliance with
this Ordinance.
15.6 Most Favored Nations Provisions.
15.6.1 In the event that the Licensee accepts from any
Illinois municipality, other than the City of Chicago, an
electric ordinance or amendments to an electric ordinance
containing terms, conditions or provisions different from
- 43 -
those contained in this Ordinance, or if any other arrangement
is at any time made with any municipality other than the City
of Chicago, the Licensee shall inform the Village in writing of
such fact and provide a copy of such ordinance or other
arrangement to the Village. If, within 90 days of such notice,
the Village adopts such other electric ordinance or other
arrangement of such other municipality, the Licensee agrees it
will accept such ordinance or other arrangement. In such
event, the term of the new ordinance will expire at the time
the original ordinance.was scheduled to expire, unless
otherwise agreed by the parties. Changes in the term of the
Ordinance or arrangement shall be subject to the provisions of
this Section, unless the change in the term is for a period of
more than 50 years.
15.6.2 In the event that the Village grants any benefit
to any other electric utility regarding the use of the Public
Ways, such benefit shall be offered in writing to the Licensee,
under the same terms and conditions, within 30 days after it
has been granted to such other electric utility. If the
Licensee requests the extension of the benefit to it, the
Village will take such steps as to provide such benefit to the
Licensee under the same terms and conditions, including
amending this Ordinance accordingly.
15.7 Severability. If any section, paragraph, clause or
provision of this Ordinance shall be held invalid, the invalidity of
such section, paragraph, clause or provision shall not affect any of
the other provisions of this Ordinance.
- 44 -
15.8 Repealer. All ordinances, resolutions or orders, or
parts thereof, in conflict with the provisions of this Ordinance, or
containing provisions granting any right, privilege or license to
the Licensee or to any of its predecessor companies, including An
Ordinance Authorizing Commonwealth Edison Company, Its Successors
and Assigns, to Construct, Operate and Maintain an Electric Light
and Power System in and through the Village of Deerfield, Cook and
Lake Counties, Illinois, passed February 4, 1974, are hereby
repealed. However, any claims for indemnification timely and
properly made under that last named ordinance survive this repeal.
15.9 Force Maieure. The Licensee shall not be deemed in
violation of this Ordinance for the delay in performance or failure
to perform in whole or in part its obligations under this Ordinance
due to strike, war or act of war (whether an actual declaration is
made or not), insurrection, riot, act of public enemy, fire, flood
or other act of God or by other events to the extent that such
events are caused by circumstances beyond the Licensee's control and
are not caused by negligence on the part of the Licensee or any
Person acting on its behalf. In the event that the delay in
performance or failure to perform affects only part of the
Licensee's capacity to perform its obligations under this Ordinance,
the Licensee shall perform such obligations to the extent it is able
to do so in as expeditious a manner as possible. Licensee shall
promptly notify the Village Electric Representative in writing of
any event covered by this Section and the date, nature and cause
- 45 -
thereof. Furthermore, Licensee, in such notice, shall indicate the
anticipated extent of such delay and the obligations under this
Ordinance to be affected thereby.
PASSED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD,
ILLINOIS, this 4th day of January , 19 93,
AYES: Rosenthal, Seidman, Swanson, Swartz (4)
NAYS: None ( 0 )
ABSENT: Ehlers (1)
ABSTAIN: Marovitz (1)
(Seal)
ATTEST:
Lol Clerk
APPROVED:
Village President
DATE: January 4, 1993
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EXHIBIT A
The customer will be entitled to a reduction in charges for service
equal to the Monthly Customer Charge for any month in which service
to the customer is interrupted for a period of 12 consecutive hours
or more due to any of the following conditions: (i) company
equipment malfunction not caused by weather; (ii) Commonwealth
Edison employee or contractor error; (iii) accident involving
Commonwealth Edison employee or contractor; (iv) damage' to company
equipment caused by Commonwealth Edison employee, agent or
contractor; or (v) overloaded company distribution equipment not
caused by customer negligence. If the duration of any service
interruption resulting from any of the causes referred to in items
(i) through (v) is equal to or exceeds 24 consecutive hours, or if
there is more than one such service interruption of 12 consecutive
hours in a month, the customer will be entitled to an additional
reduction in charges equal to the Monthly Customer Charge for such
month multiplied by the number of increments of 12 consecutive hours
of interruption in excess of the first such 12 consecutive hours.
In applying this provision to any outage in a month in which the
Customer Charge changes, the Customer Charge in effect at the start
of the outage in question shall be used.
AVM
EXHIBIT B -I
Village of Deerfield Municipal Facilities
Location
Village Hall
Village Hall
Fire Facility
Library Facility
Public Works Facility
Address
850 Waukegan Rd.
860 Waukegan Rd.
839 Deerfield Rd.
920 Waukegan Rd.
465 Elm St.
- 48 -
Village of Deerfield Traffic Signal Accounts
Account Number A -GD -75691
POINT Or 4fJPPLY LOCATION
1 Deerfield and Chestnut
2 Deerfield and Hoffman
3 Deerfield 6 Jonquil Tarr
4 Deerfield /Renton /Xipling
5 Deerfield ad Wilmot Rd
6 Lake Cook Rd i Pine
7 Lake Cook Road a Pine
e Lake Cook Waukegan
9 Lake cook a Wilmot
10 Longfellow i Osterman
11 Waukegan Chestnut
12 Waukegan Rd Greenwood
23 Vaukogan a Xates Rd
24 Waukegan a ostergian
1S WIIMt Ad S/Baakberry Lane
16 ZL 43 Deerfield Hi Bohol
17 IL 43 a Deerfield Road
19 IL 43 -Basel Ave -Elder Lane
19 ZL 43 4 Caldwell'• Corners
20 Deerfield X94 (Tri St) N/A Bz
21 Deerfield Castlewood
22 Deerfleld f Z -94
- 49.-
ACCEPTANCE OF ELECTRIC ORDINANCE
TO THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD
DEERFIELD, ILLINOIS
President and Board of Trustees:
The undersigned, COMMONWEALTH EDISON COMPANY, for itself, its
successors and assigns, hereby accepts the Ordinance entitled:
"An Ordinance Authorizing Commonwealth Edison Company
To Use The Public Ways And Other Public Property In
Conjunction With Its Construction, Operation And
Maintenance Of An Electric System In and Through The
Village Of Deerfield, Lake County, Illinois ";
duly passed by the Board of Trustees of the Village of Deerfield on the
4th day of January, A.D. 1993, and duly approved by the President of
said Village on the 4th day of January, A.D. 1993.
IN TESTIMONY WHEREOF, the undersigned has caused these
presents to be signed by its Chairman, and its Corporate Seal to be
hereunto affixed, attested by its Assistant Secretary, this 22nd day of
January, A.D. 1993.
ATTEST:
A sistant ecr tary
COMMONWEALTH EDISON COMPANY
STATE OF ILLINOIS )
COUNTY OF LAKE ) SS.
VILLAGE OF DEERFIELD )
�;euT�
Village Clerk
of the Village of Deerfield, Lake County, Illinois, do hereby certify
that the attached and foregoing is a true and correct copy of an
Acceptance of an Ordinance of said Village, duly passed by the Board of
Trustees on the 4th day of January, A.D. 1993, and duly approved by the
President of said Village on the 4th day of January, A.D. 1993, and
that said acceptance was duly filed in my office on the a%' day of
A.D. 19Q.
I do further certify that I am the legal custodian of all
papers, contracts, documents and records of the said Village.
WITNESS my hand and the official seal of said Village this
a7 day of , A.D. 192'-�.
(SEAL)
11
r
5 41-
66,OUTY Village Clerk
.. - - -
Execyied, in Duplicate
fi
ELECTRIC ORDINANCE BOND
Bond No. U 063 74 75 - 572 $5,000.00
KNOW ALL MEN BY THESE PRESENTS: That we, COMMONWEALTH
EDISON COMPANY, an Illinois corporation, as Principal, and United
Pacific Insurance Company, State of Pennsylvania, as Surety, are
held and firmly bound unto the VILLAGE OF DEERFIELD, LAKE COUNTY,
Illinois, for a term of fifty -five (55) years, in the sum of Five
Thousand Dollars ($5,000.00) for the payment of which, well and
truly to be made, we bind ourselves, these presents.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that,
whereas, the Village Board of said VILLAGE OF DEERFIELD did, on the
4th day of January, 1993, pass and the President of said Village
did, on the 4th day of January, 1993, approve an ordinance granting
to COMMONWEALTH EDISON COMPANY, its successors and assigns, the
right, permission and authority to construct, operate and maintain
in and through the VILLAGE OF DEERFIELD, in the County of Lake and
State of Illinois, for a term of sixty -five (65) years, effective on
and after January 4, 1993, a system for the production transmission,
distribution and sale of electricity for lighting, heating, power
and other purposes, and
WHEREAS, it is provided in Section 14.3 of said ordinance
that said COMMONWEALTH EDISON COMPANY, its successors and assigns
shall, during the life of said ordinance, keep on file with the
Village Board of said VILLAGE OF DEERFIELD, a good and sufficient
bond in the sum of Five Thousand Dollars ($5,000.00) conditioned to
protect and indemnify said Village from and against any loss,
injury, damage or liability legally arising from or growing out of
the construction, operation or maintenance of said system, or
legally resulting on account of the privileges in said ordinance
granted.
NOW, if said COMMONWEALTH EDISON COMPANY, its successors
and assigns, shall conform to and comply with said provision of
Section 14.3 of said ordinance granted, then this obligation to be
void; otherwise to remain in full force and effect.
IN WITNESS WHEREOF, said Principal and Surety have caused
these presents to be executed by their lawfully authorized officers
this 4th day of January, 1993.
ATTEST:
" Assistant Secret y
Principal
COMMONWEALTH EDISON COMPANY
By:
Surety
UNITED PACIFIC INSURANCE COMPANY
By:
Attorney -in- Fact /ResidIF Aggnt
C. R. Hernandez
UNITED PACIFIC INSURANCE COMPANY
HEAD OFFICE. FEDERAL WAY, WASHINGTON
POWER OF ATTORNEY
KNOV,' ai.L MEN BY THESE PRESENTS, That the UNITED PACIFIC INSURANCE COMPANY, a corporation duly organized under the laws of the
State of Washington, Goes nereoy make, constitute and appoint William F. Fraser, Fdward J. Robins, Barbara
Bowden, C. R. Hernandez and Theodore C. Sevier, Jr., individually, of Chicago, Illinois
Its true and lawful Attorney -in -Fact, to make, execute, seal ano deliver for and on its behalf, and as its act and deed any and all bonds
and undertakings of Suretyship,
ano 10 bind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other
writings obligatory in the nature thereof were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and sealed and
attested by,one other of such officers, and hereby ratifies ano confirms all that its said AtlOmey($► in-Fact may do in pursuance hereof.
The Power of Attorney is granted under and by authority of Article VII of the By -Laws of UNITED PACIFIC INSURANCE COMPANY which
became effective September 7, 1978. which provisions are now in full force and effect. reading as follows:
ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice
President or other officer designated by the Board of Directors small have power and authority to (a) appoint Attomeys•in -Fact and to authorize
them to execute on behalf of the Company, bonds and undertakings, recogntzances. contracts of indemnity and other writings obligatory in the
nature thereof, and (b) to remove any such Attorney-in-Fact at any time ano revoke the power and authority given to him.
2. Attorneys- in•Fact shall have power and authority, subject t0 the terms and limitations of the power of attorney issued to them, to
execute and deliver on benatt of the Company, bonds and undertakings. recognizances. contracts of indemnity and other writings obligatory in
the nature thereof. The corporate seal is not necessary for the valioity of any bonds and undertakings, recognizances, contracts of indemnity and
other writings obligatory in the nature thereof.
3. Attorneys -in -Fact Shall have power and authority 10 execute affidavits reduited to be attached to bonds. recognizances. contracts of
indemnity or other condrtronal or obligatory undertakings ano they snail also have power and authority to certify the financial statement of the
Company and to copies of the By -Laws of the Company or any article or section thereof.
The Power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of
UNITED PACIFIC INSURANCE COMPANY at a meeting held on the 51h day of June, 1979. at which a quorum was present, and said Resolution has
not been amended or repealed:
"Resolved. that the signature of such directors and officers and the seal of the Company maybe affixed to any such
power of attorney or any certificate relating thereto oy facsimile, and any such power of attorney or certificate bearing
such fascrmrle signatures or facsimile seal small be valid ano binding upon the Company and any such power so
executed a ^^ r` —f -a^ t�v facsimile signatures and facsimile seal shall be valid and binding upon the Company in the
future wren respect 1C. any bona or undertaw.nG to which it is altacme0."
IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has caused these presents to be signed by its Vice President. and its
corporate seal to be hereto affixed, this 1 St day of August 1991.
`%.. "'•'f.e UNITED PACI C INSURANC MPA
'Oee
o •
Spy- i
STATE OF Pe- 'lnsylvania tr
as. °�v_t Vice President
COUNTY OF P ,:ladelDhia �K..: °
On this 1st day of August ,19 91 , personally appeared Charles B. Sc.'r ai z
to me k ^c..^ c: '-; .-: e-President of the UNITED PACIFIC INSURANCE COMPANY, and acknowledged that he executed and attested the
foregoing instrument ano off ixea the seal of said corporation thereto, and that Article VII, Section 1, 2, and 3 of the By -Laws of said company and
the Resolution, set forth therein, are still in full force.
My Commission Expires �`
e*=_� 19 : ° • Notary Public in and for State of Pennsyl�
s `'
°�,..,�•' Residing at Philadelphia
I Anita Zipper.: Xxmx= Secretary of the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the above
and foregoing is a true and correct copy of a Power of Attorney executed by UNITED PACIFIC INSURANCE COMPANY, which is still in full force
and effect.
IN WITNESS WHEREO=. I have hereunto set my nand and affix ` of said Company this 4 Ray J n uary ` 19 93
$DU•1431 Ed. 6179 )OD90®Q Secretary
LATE OF Illinois
)LINTY OF Cook a
On this 4th day of January 16 9_3 before nw
�rsonally appeared C.R. Hernandez . to me known, who,
ing by me duly sworn, d;d depose and say: that !—I%e _ reside(s) at Chicano, IL
;Chit she... Is/a*tYtf+! Attorney -in -Fact
United Pacific Insurance Company the corporation dtscribad
and which executed the annexed instrument; that =he— know(s) the corporate out of t
d`eorporetion; thrt the seal stlixed to said instrument is such expors:e s::!; t!m h V-u
affixed by order of the Board of.Directors of said corporation; that `he.... aipntd ft '
Ile name(s) thereto by like order; and thrt t* lisbilitir" e! s~'d co►Na•e!i.n do not tz-
d iu assrs is ascertained in the manner prodded by law.
(Notry Public or vv for the &t1ow county h0 aat)
#0.37".& My eDWONS on 41 01e
1 "OFFICAL SEAL"
1 Debra R. Nilsson /
4 Not2ry Public. State of Illinois /
19 RA" 111101or
0 Commonwealth Edison
One First National Plaza, Chicago, Illinois
Address Reply to: Post Office Box 767
Chicago, Illinois 60690 - 0767
January 18, 1993
Mr. Robert D. Franz
Village Clerk
Village of Deerfield
850 Waukegan Road
Deerfield, Illinois 60015
Re: Electric Ordinance Effective January 4, 1992
Liability Insurance and Self- Insurance Program
Licensee Affidavit Letter
Dear Mr. Franz:
As required by Section 14.2 Comprehensive Liability Insurance or
Self- Insurance, of the above referenced Electric Ordinance, this letter
provides certain information concerning the comprehensive general liability
insurance and self - insurance program of Commonwealth Edison Company. The
current program is briefly described as follows:
1. A self - insured retention of $2,500,000 each occurrence and
$5,000,000 annual aggregate in excess of $2,500,000 each occurrence.
2. The insured portion of the program is claims made commercial excess
liability coverage, including automobile liability, applying on a
per occurrence basis and, in certain situations, with annual
aggregate limitations. Written through a combination of U.S. and
non -U.S. insurance companies, the limits exceed $25,000,000.
It is the Company's practice to review the general liability coverage
from time -to -time and, when deemed appropriate, to modify the self- insured
retentions, limits of coverage purchased, and terms and conditions of the
various policies.
As Director, Risk Management, the undersigned has knowledge of the
Company's insurance and self - insurance program and is authorized to make the
representations contained herein.
Sincerely,
Jeffrey B. Pennock
Director, Risk Management
Sworn to and subscribed before me this day of l 19 / 3.
r� 'I, Z� - 1�1 h � '0C. �, �
Notary Piglic
STATE OF ILLINOIS )
COUNTY OF LAKE ) SS.
VILLAGE OF DEERFIELD )
Village Clerk
of the Village of Deerfield, Lake County, Illinois, do hereby certify
that the attached and foregoing are true and correct copies of (1) a
certain bond, and (2) a certificate of self insurance, both duly filed
in my office by Commonwealth Edison Company, on the ''tJ day of
a/yu /�.yi , A.D. 19�, under and pursuant to the provisions
ofva certd/in ordinance of said Village passed on the 4th day of
January, A.D. 1993, and the original bond and certificate of self
insurance of which the foregoing are copies, were duly filed in my
office.
I do further certify that I am the legal custodian of all
papers, contracts, documents and records of the said Village.
WITNESS my hand and the official seal of said Village this
Q'7 `day of , A. D. 19�.
(SEAL)
1 F®RM W M
AVtlry Villag-e Clerk
/u Address
1
STATE OF ILLINOIS )
COUNTIES OF COOK AND LAKE ) SS.
VILLAGE OF DEERFIELD )
I, Robert D. Franz , Village Clerk of the
Village of Deerfield, Cook and Lake Counties, Illinois, do hereby
certify that.tne foregoing is a true and correct copy of an
Ordinance duly passed by the Village Boa.rd.of said Village on
the 4th day of January A �D 19 and duly y approved by
' . �
the President of said Village on the 4th day of January
A.D. 19 93, the. original of which Ordinance .is now on file in my
r
office.
I do further ce rtify that I am t.he' legal. custodian of
all papers, contracts, documents and records of said Village.
WITNESS my hand and the official seal of said Village
this 4th day of January A.D. 19 �3.
Village Cle
850 Waukegan Road
Deerfield, IL 60015
Address
SEAL)
ko
PUBLICATION IN PAMPHLET FORM
STATE OF ILLINOIS )
COUNTIES OF COOK AND LAKE ) SS.
VILLAGE OF DEERFIELD )
I, Robert D. Franz , certify that I am the
Village Clerk of the Village of Deerfield, Cook and Lake Counties,
Illinois, and as such officer I am the keeper of the records, files
and proceedings of the corporate authorities of said municipality.
I further certify that, as of_ the date hereof,
Ordinance No. 0-93 -01 adopted by the corporate authorities
on January 4 19 93, the authorization to Commonwealth Edison
Company to use the public ways and other public property in
conjunction with its construction, operation and maintenance of an
electric system in and through the Village of Deerfield, has been
duly published in pamphlet form in accordance with Section 1 -2 -4 of
the Illinois Municipal Code.
IN WITNESS WHEREOF, I have hereunto affixed my
official hand and the seal of the municipality this 4th day
of January , 19 93,
(SEAL)
Village Cl-"-