R-02-16N
Resolution
R -02 -16 t
WHEREAS, the Village of Deerfield . Lake e & Winty, Illinois (the "Village ")
finds that the proper management of vegetation near the electric power lines in the.Village will
promote the efficient, reliable, and safe delivery of electricity at the least cost, and is a benefit to
the public, and
WHEREAS, Commonwealth Edison Company distributes electrical power to residents in
the Village, and
WHEREAS, the Village hereby finds and determines that entering into an Agreement
regarding vegetation management with Commonwealth Edison Company will serve the public
purposes of the Village,
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the
Village of Deerf ield 'as follows:
1. The Village intends to enter into an Agreement, in the form attached hereto, with
Commonwealth Edison Company, regarding the management of vegetation near the electric
power lines in the Village.
2. The President is authorized and directed to sign the Agreement on the Village's
behalf.
AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0 )
ABSENT: None (0 )
Passed this 4th day of November 2002
ATTEST:
4N
Village Clerk
[SEAL]
Approved this 4th day of November , 2002
Agreement
This agreement, dated as of November 2002, is between Commonwealth Edison
Company ( "CornEd "), an Illinois electric public utility-, and the Village of Deerfield (the
" Municipality' ), an Illinois municipal corporation.
Whereas, ComEd provides electric delivery services to electric customers in the
Municipality,; and
'Vhereas, ComEd and the Municipality, agree to the common goal of providing adequate,
efficient, reliable, and safe electricity at the least cost; and
Whereas, ComEd and the Municipality agree that vegetation should be maintained so as
to minimize the risk of electrocution from distribution circuit wires; and
Whereas. ComEd and the Municipality agree that proper management of vegetation,
including the trimming of trees and the proper selection of appropriate species near electric
distribution wires is critical to the maintenance of adequate, efficient, reliable, and safe electric
delivery service;
Whereas. CormEd and the Municipality agree that ComEd's vegetation management
should be performed so as to minimize the effect on trees, to the extent reasonably possible given
the goal of maintaining adequate, efficient, reliable, and safe electric delivery service;
NOW, THEREFORE, ComEd and the Municipality agree as follows:
1. Specific Vegetation Management Practices. ComEd will periodically trim trees in
the Municipality, consistent with the standards set forth below.
A. Vegetation Management Cycle. ComEd will inspect the trees and other
vegetation along its distribution lines within the Municipality, on a regular cycle, not to exceed
four years, trimming as necessary to. meet required clearances. ComEd may also perform
emergent trimming of particular trees when a need for it is identified by ComEd, by the
Municipality, or by customer request.
B. General Clearances. ComEd will trim trees in accordance with the following
table; using the trimming techniques specified by the American National Standards Institutes'
ANSI A300 standard:
Table of Recommended Line Clearances (in feet)
Clearance
Rate of
Service
Isolated
Open Wire
Secondary
Primary
Primary
34 kV
From
Re- growth
Wire
Open Wire
Secondary
Cable
Volta,e
Aerial
Trees
(120 -480v)
Secondary
(120480v)
(120 -480v)
(2- 13.201
Cable
(120480x)
Side
Slow
(a)
4 (e) (f)
4 (e)
(a)
6 (e)
4 (e)
8 (g)
Fast
(a)
4 (e) (f)
4 (e)
(a)
8 (e) ``
4 (e).
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12 (g)
Over
Slow
(a)
4 (e) (f)
4 (e)
(a)
6 (b) (e)
4 (e)
12 (b) (c)
Fast
(a)
4 (e) (f)
4 (e)
(a)
8 (b) (e)
4 (e)
12 (b) (c)
Under
Slow
(a)
6(f)
6
(a)
8
4 (e)
12 (d)
Fast
(a)
8 (f)
8
(a)
12
4 (e)
12 (d)
(a) ComEd will remove broken limbs .that may damage equipment.
(b) ComEd will remove all hazardous overhang.
_.. _ .. .__... . ..
(c) ComEd will trim to keep overhang to a minimum.
(d) ComEd will remove all fast - growing trees at the discretion of ComEd's trained arborists and, if
necessary, when permission has been obtained.
(e) Large tree trunks or major limbs of established trees may be allowed to remain as close as 2 feet from
the conductors if (1) movement of either the conductor or the tree will not result in contact between
the tree and the conductor, (2) the tree is not easily or readily climbed without the use of ladders or
specialized climbing equipment, and (3) there is no evidence of re- growth or sprouting from the tree
trunk towards the line.
(f) ComEd may perform isolated secondary clearance when trimming is required.
(g) Dangerous trees located off of ComEd's right -of -way should be removed if practical and if the
owner's permission has been obtained.
C. Exceptions to General Clearances. The following are exceptions to the
general clearance standards shown above:
i. ComEd may, trim to special clearances because of field conditions,
or when ANSI A300 standards cannot be achieved. Except as
noted below, deviation from the general clearances and deviation
from the ANSI A300 standards shall be approved in each case by a
trained arborist employed by or acting as a consultant to ComEd.
ii. ComEd may make additional allowances for multi -phase
construction, wires that will sag due to hot weather, or wires that
will swinQ sideways due to strong winds. When trimming, ComEd
-Mll take into consideration that the greatest wire sag or blowout
occurs at mid -span.
iii. In the case of coniferous (evergreen) trees, ComEd will achieve
proper clearance by using any one of the following methods: (a)
removal of the tree, (b) topping to a point 6 feet from primary
voltage conductors, or (c) trimming to achieve the provisions of
subsection B above, and removal of all lower limbs within 10 feet
of the ground or within 10 feet of an adjacent climbable object.
iv. ComEd will not trim trees along single- building service drops on
private property.
D. Debris Removal. Cor n,Ed shall remove the brush and debris associated with
cyclic tree trimming.
I. Notice of Cyclic Trimming. ComEd will give notice at least 21 days and not
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more than 90 days before commencing cyclic trimming in the Municipality, as follows:
A. ComEd will notify the Municipality at the address shown in section 10 below
where cyclic trimming in the Municipality is upcoming. ConiEd will provide the Municipality
with a description of the areas, by common street address, in which the trimming will occur.
B. ComEd will notify affected customers directly, by mail or by hanging a card
on the customer's door. The notice shall contain; at a minimum, the following information: the
nature of the planned vegetation management activities, the address of a website and a toll -free
telephone number at which a written disclosure of all dispute resolution opportunities and
processes, rights, and remedies provided by the ComEd may be obtained, a statement that the
customer and the property owner may dispute the planned vegetation management activities
through'ComEd and the Illinois Commerce Commission, a toll -free telephone number through
which communication may be had with a representatives of ComEd regarding the vegetation
management activities, and the telephone number of the Consumer Affairs Officer of the Illinois
Commerce Commission. The notice shall also include a statement that the location of the area of
planned vegetation management activities is on file with the Municipality.
C. ComEd will publish notice in a newspaper in general circulation and widely
distributed in the area in which the cyclic trimming will occur.
3. Non - Cyclic Vegetation Management. The provisions of Sections 1 and 2 above
apply to routine, cyclic vegetation management. ComEd may conduct vegetation management,
including trimming or removing particular trees, without prior notice, when and where such
activities are urgently needed pursuant to state regulations to restore electrical service or to
prevent an imminent interruption of service. Although ComEd, as the electric utility responsible
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for reliabilit<, of service shall make the determination as to when non - cyclic vegetation
management is appropriate; ComEd will send notice to the Municipality within 10 business days,
at the address shown below for notices, in_forrning the Municipality of the location and nature of
the non - cyclic activities.
4. Removal and Replacement of Privatelv Owned Trees. Prior to cvclic trimming,
ComEd will examine the distribution circuits to identify privately owned trees that, because of
their type and close pro -x- ity to overhead lines, would need extensive pruning or removal.
Upon identifying such trees for removal:
A. ComEd will contact the tree's owner, recommend removal of the tree, and
obtain a signed permission from the owner to remove the tree.
S. For each tree over 4 inches in diameter (breast high) that is to be removed,
ComEd may, at Corn-Ed's discretion, offer to the owner a replacement voucher. Each voucher
will be redeemable at a participating vendor for one replacement tree on ComEd's approved
replacement list, or for an equal dollar amount of other approved landscape materials.
C. ComEd will mail the voucher, along with a planting guide and other
appropriate publications, to the owner after the removal of the existing tree.
D. If the owner agrees to the removal of the tree, ComEd will cut down the tree,
remove and chip associated brush, cut all wood into firewood length, and leave the wood on site.
E. The owner of the tree will be responsible for any stump removal and disposal
of logs left on site. This responsibility will be specified in the signed agreement of the owner
before removal of the tree comrnences.
S. Cooperation on New Private and Public Tree Plantinays. ComEd and the
Municipality will work together to promote the planting of appropriate species of trees on private
and public property throughout the Municipality-, including education of the public as to
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appropriate types of trees and vegetation for locations near electric power lines; and encouraging
developers of new projects within the Municipality to plant only appropriate types of trees and
vegetation near electric power line rights -of -way. ComEd will supply the Municipality with a
copy of a publication identifying tree species that are compatible and incompatible with electric
power lines. Programs developed pursuant to this section that require expenditures by ComEd or
the Municipality shall be subject to the prior mutual consent of the parties.
6. Applicability of Public Utilities Act and Village Ordinances. It is the intent of the
parties that this agreement constitutes a written agreement mandating specific vegetation
management practices within the meaning of Section 8- 505.1(c) of the Illinois Public Utilities
Act, and «-ill supersede the provisions of Section 8- 505.1(a) & (d) of that Act (220 ILCS 5/8-
505.1(a) & (d)). ComEd's vegetation management activities will conform Aith, and this
Agreement shall not preempt, the ordinances of the Municipality, including the requirement, if
any, to obtain a permit for the removal of a tree within the Municipality.
7. Term of Agreement. The initial term of this agreement is four years from its
effective date. The agreement shall automatically be renewed for successive four year terms,
unless one of the parties notifies the other of its intention not to renew the agreement by so
notifying the other party at least sixty days before the end of any four year term.
8. Benefit and Assignment. This Agreement shall be binding upon and inure to the
benefit of the Parties, and their respective successors and assigns.
9. Entire Agreement and Amendment. T'nis Agreement contains the entire agreement
between the Parties with respect to the matters described herein and it is a complete and exclusive
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statement of the terms thereof and supersedes all previous agreements. This Agreement may not
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be altered or modified except by a «citing signed by the Parties hereto.
10. - Notices to ComEd and Municipality. All notices; demands, and requests required
or permitted to be given under the provisions of this Agreement shall be in writing and shall be
deemed given: (a) when personally delivered to the Party to be given such notice or other
communication; (b) on the business day that such notice or other communication is sent by
facsimile; (c) on the third business day following the date of deposit in the United States Mail as
such notice or other communication is sent by certified or registered mail with return receipt
requested and postage thereon fully prepaid; or (d)' on the business day following the day such
notice or other communication is sent by reputable overnight courier, to the following:
60181]
If to Com.Ed:
[Director of Projects & Contract Management, 3 Lincoln Centre, Oak Brook Terrace, IL.
If to the Municipality:
or to such other address as the Parties may designate in writing.
11. representations and Warranties. The Municipality hereby represents and warrants
to ComEd as follows as of the date hereof:
(a) This Agreement has been properly authorized by a duly adopted ordinance
or resolution of the Municipality and any and all other necessary corporate action of
the Municipality has been taken and this Agreement has been duly executed and
delivered by the Municipality and constitutes a valid and legally binding agreement.
enforceable against the Municipality in accordance with its terms; and
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fib) Neither the execution and deliver}- of this Agreement, nor the performance
of the provisions of the agreements therein contained on the part of the
Municipality, will contravene, violate, or cause a default under any applicable law,
statute, ordinance, regulation, encumbrance, or agreement binding upon the
Municipality,' or result in a violation of any judgment, order, writ, injunction,
decree, or rule of any court, administrative agency or other governmental authority
binding upon the Mix-licipality.
12. No Third Partv Beneficiaries. The sole Parties to this Agreement are ComEd and
the Muricipalinr; and nothing contained herein creates any right, title. or interest in any other
person or entity, whether under a third party beneficiary theory or otherwise.
11 Miscellaneous. If any provision of this Agreement or its application to any person
or circumstance shall to any extent be invalid or unenforceable, the remainder of this Agreement
shall not be affected thereby; and each provision of this Agreement shall be valid and enforceable
to the fullest extent permitted by law. This Agreement does not waive or modify, and shall not be
construed as waiving or modifying, rates, tariffs, or terms and conditions of service. The
language in all parts of this Agreement shall in all cases be construed as a whole according to its
fair meaning and not strictly for or against ComEd or the Municipality, regardless of the
involvement of either Party in drafting this instrument. The headings in this Agreement are for
convenience only and shall not be utilized in the construction of the language of this instrument.
This Agreement shall be governed and construed under the laws of the State of Illinois.
11\1 WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first
above NNTitten.
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COMED:
COMMONWEALTH EDISON COMPANY, an
Illinois corporation
By:
Its:
Municipality:
[Village of Kerfie , an Illinois municipal
corporation /
Its:
Its:
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