HomeMy WebLinkAboutOrd 4468 09/15/1992 VILLAGE OF MOUNT PROSPECT
COOK COUNTY, ILLINOIS
ORDII%%NCE NO. 4468
AN ORDINANCE AUTHORIZING COMMONWEALTH EDISON COMPANY
TO USE THE PUBLIC WAIFS AND OTHER PUBLIC PROPERTY
IN CONJUNCTION WITH ITS CONSTRUCTION, OPERATION AND
MAINTENANCE OF AN ELECTRIC S¥STP~I IN AND THROUGH THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS
ADOPTED Bif ~ BOARD OF TRUSTEES
OF THE
VILLAGE OF MOUNT PROSPECT
THIS 15th DAIf OF S~pt. , 1997
Published in Pamphlet Form
by Authority of the Board of Trustees
of the Village of Mount Prospect,
Cook County, Illinois,
this !~th day of g~pt. , 19 92.
ORDINANCE NO. 4468
AN ORDINANCE AUTHORIZING C0~HoNWEALTH EDISON COMPAN~
TO USE THE PUBLIC WAYS AND OTHER PUBLIC PROPERT%r
IN CONJUNCTION WITH ITS CONSTRUCTION, OPERATION AND
MAIRTENANCE OF AN ELECTRIC SYS'r~ IN AND THROUGH THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS
Be it ordained by the President and Board of Trustees of the
village of Mount Prospect, County of Cook, 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 Mount Prospect°
1.2 'Licensee" is the Commonwealth Edison Company.
1.3 "Clerk" is the Clerk of the Village of Mount Prospect.
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 Mount Prospect.
1.6 'Edison RepresentatiYe' 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 "Energ~ 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 el6ctric 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 '~KC" 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 ky) 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 ~he 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 abo~e 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 o¥ 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 ~hen 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 i~ 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 Parkinq 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 GP~NT
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 an~ 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.
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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 Ail 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.
4.2ol 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 6f 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 ~he 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 Trim, ina of Trees and Veaetation. 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 cbme 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 conaultation 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 Tr e Locati n. 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 Proaram. 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 Underaroundina 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 6nderground, 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 Adeuuate 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 a~d 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 servfce 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 Exhibilt 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 Technoloaical 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 C0qeneration 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 Manaaement. 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
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 Sonrces 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 Re resenta ives.
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 Villag~ 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 F ill i M . 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.
- 25 -
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 Work~. 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 Villaqe. Unless otherwise specified
herein, all notices from the Licensee to the Village under
- 26 -
this ordinance shall be made in writing and delivered to the
Village Manager at the following address:
Village Manager
Village of Mount Prospect
100 South Emerson
Mount Prospect, Illinois 60056
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 Chanaes 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
- 27 -
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 Chanq~s. 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 Reauests for Rate Chanaes. 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. Fo~ each rate or charge affected
by the application, the notice shall contain a statement of the
existing rates or charges and all proposed rat~s 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 s~rvice 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.
- 30 -
8.2 Waiver of Certain Fees and Charaes. 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 Reaulation 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 ~rovided by ordinance,
including requirements for permit applications.
9.3 MuniciPal Acauisition 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.
- 31 -
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.
- 32 -
9.5 RiGht to Comnete 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 ~m~ll Power Production and Co~eneration. 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 60 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 Elf tiv Da . 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 ReoDener. 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 enteY 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 Riahts Unon 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 arlsing 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 hot 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 L~censee'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 OPPORTUNIT~
12.1 NQn-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 Reaulations. 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. Rule~ an~
Reaulations. 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 Requlations. 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.
- 39 -
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 Assianment.
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 Reauirements 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.Z 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 Severabilit¥. 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 (Public Service
Company Division), Its Successors and Assigns, to Construct, Operate
and Maintain an Electric Light and Power System in and through the
Village of Mount Prospect, Cook County, Illinois, passed July 16,
1963, are hereby repealed. However, any claims for indemnification
timely and properly made under that last named ordinance survive
this repeal.
15.9 F r Ma' re. 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 pa'rt 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 -
hereof. 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 MOUNT
PROSPECT, ILLINOIS, this 15th day of September , 19 92.
AYES: Clowes, Busse, Hoefert, Floros, Wilks
NAYS: None
ABSENT: Corcoran
APPROVED:
llage 'Pr~s~
DATE: September ~ 1992
(Seal)
ATTEST:
;C~erk
- 46 -
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.
- 47 -
% .~'st Nat'o a , C ' g , Illinois
Address Reply to: Post Office Box 767 -.~
Chicago, Illinois6Og90- 0767 Apri 1 1 9, 1 993
President and Board of Trustees
Village of Mount Prospect
Mount Prospect, Illinois
President and Board of Trustees:
The undersigned, Commonwealth Edison Company, for good and valuable considerations, hereby
agrees that so long as that certain ordinance passed by the President and Board of
Trustees of the Village of Mount Prospect, September 15, 1992, granting the undersigned,
its successors and assigns, the right to construct, operate and maintain an electric light
and power system in the Village of Mount Prospect, shall remain in full force and effect,
said Commonwealth Edison Company, its successors and assigns will, during each calendar
year for the remainder of the life of said ordinance, supply without charge to the Village
of Mount Prospect, such an amount of electric energy as may be reasonably necessary for
lighting and various other uses in the following 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):
Village Hall and ESDA Facility 100 South Emerson Street BJ80-JT-23105
Police and Fire Facilities* ll2 East Northwest Highway BH66-JT-21731
Fire Facility #12 1601 West Golf Road BH28-3T-21262
Fire Facility #14 2000 East Kensington Road BC81-JT-1135g
Soc'ial Services Facility 50 South Emerson Street BH66-3T-21240
Library Facility l0 South Emerson Street BH66-JT-21278
Public Works Facility ll South Pine Street BH66-JT-21448
Public Works Facility 330 East Kensington Road BG22-JT-23622
Public Works Facility 1820 Bonita Drive BG22-JT-19522
Public Works Facility 1700 West Central Road BG21-3T-19065
ESDA Facility 1340 North Burning Bush Lane BC72-JT-11135
ESDA Facility W/S Schoenbeck Road,
S/S Camp McDonald Road BD38-JT-13047
ESDA Facility E/S Maple St., N/S Sha-Bonee Trail BA77-JT-06052
ESDA Facility 1/W We-Go Trail, N/S Sha-Bonee Trail BQ28-JT-19713
ESDA Facility 1/E Marcella Road, N/S Gregory Lane BB72-JT-09334
ESDA Facility E/S Linneman Road, 1/N Algonquin Road BU83-JK-43598
Village Parking Facility* E/S Maple Street, 1/S Prospect Avenue BA77-JT-06662
The foregoing arrangement shall be effective beginning with readings made after July 5,
1992 (*February l, 1993) of meters measuring electric energy for the above purposes at
the above described locations.
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.
This agreement and the commitments herein contained shall supersede, replace and be in
lieu of the undertakings contained in a letter of the undersigned, addressed to the
President and Board of Trustees of the Village of Mount Prospect, dated March 21, 1989.
~ Very truly yours,
~..,_~ .... COMMONWEALTH EDISON COMPANY
EXHIBIT B-I
Village of Mount Prospect Municipal Fadlities
Location Address
Village Hall 100 South Emerson Street
ESDA Siren 100 South Emerson Street
Human Services Facility 50 South Emerson Street
Mount Prospect Public Library 10 South Emerson Street
Police and Fire Station Facilities 112 East Northwest Highway
Public Works Facilities 11 South Pine Street
Public Works Facility 330 East Kensington Road
Public, Works Facility 1820 Bonita Drive
Public Works Facility 1700 West Central Road
Fire Facility (Station 12) 1607 West Golf Road
Parking Lot Lights 1607 West Golf Road
ESDA Siren 1601 West Golf Road
Fire Facility (Station 14) 2000 East Kensington Road
ESDA Siren 1340 North Burning Bush
Indian Grove School
ESDA Siren Schoenbeck & Camp McDonald Roads
ESDA Siren Maple & Sha-Bonee
Lions Park
ESDA Siren Sha-Bonee & We-Go
Mount Prospect Country Club
ESDA Siren Maple & Highland
Well House #5
ESDA Siren Marcella & Gregory
Retention Basin
ESDA Siren Algonquin & Linneman
UAL property
EXHIBIT B-I
Village of Mount Prospect Municipal Facilities
Location Address
Village Hall 100 S. Emerson St.
Police and Fire Station Facilities 112 E. Northwest Hwy.
Public Works Facilities 11 S. Pine St.
Fire FaCility (Station 12) 1607 W. Golf Rd.
Fire Facility (Station 12) 1601 W. Golf Rd.
Fire Facility (Station 14) 2000 E. Kensington Rd.
Social Services Facility 50 S. Emerson
Library Facility 10 S. Emerson
ESDA Facility 1340 N. Burning Bush Ln.
ESDA Facility W/S Schoenbeck Rd.
S/S Camp McDonald Rd.
ESDA Facility E/S Maple St.,
N/S Sah-Bonee Trail
Public Works Facility 330 E. Kensington Rd.
Public Works Facility 1820 Bonita Dr. (rear)
Public Works Facility 1700 W. Central Rd.
- 48 -
B-II
of Mt Prospect Traffic signal Accounts
Account Number B-JT-75954
of SuDpl¥ Location
0010 Busse Road & Dempster
0011 Busse & Willow' ..
0014 Central Busse
0015 Central Mt Prospect Rd
0016 Central Owens
0021 Elmhurst Lincoln
0022 Euclid Burning Bush
0023 Euclid Wolf E SW
0024 Euclid & Wolf NW
0052 IL 58 Golf Busse
0053 IL 58 Golf IL 83 Elmhurst
0054 Rt 62 Algonquin & Busse
0055 Route 62 & Dempster
0056 IL 83 Elmhurst IL 83 Oakton
0057 IL 83 Elmhurst Euclid SE
0058 US 12 @ IL 83 @ Foundry Rd
0059 IL 83 Elmhurst Lonnquist Pkwy
0060 IL 83 Elmhurst & Prospect
0061 IL 83 Main & Central
0062 IL 83 Main St Gregory St
0063 US 12 Rand Business Ctr Drive
0064 US 12 Rand Central
0065 US 12 Rand & Euclid
0066 US 12 Rand Mt Prospect Rd
0067 US 12 Radn IL 83 Elmhurst
0068 US 12 Rand Foundry
0069 US 14 Northwest Hwy Central
0070 US 14 NW Hwy & Emerson St
0071 US 14 NW Hwy Emerson St
0072 US 14 NW Hwy Mt Prospect Rd W
0073 US 14 NW Hwy & IL 83 Main
0074 US 45 River Euclid E NW
0075 US 45 - River Euclid SW
0078 US Rt 45 Old Willow-Seminoi
Village of Mt Prospect Traffic Signal Accounts
Account Number B-JT-75954
Point of Supply Location
0080 US 45/Foundry Kensington
0089 IL Rt 62 IL 83 Elmhurst
0092 Euclid Wheeling Rd
0094 Central and Busse
0095 Central and Busse
0096 Central and Busse
0097 Central and Busse
0098 Central and Busse
0099 Central and Busse
0100 Elmhurst Oakton
0122 Busse Rd & Lincoln St
PUBLICATION IN pAMPHLET FORM
STATE OF ILLINOIS )
)
COUNTY OF COOK ) SS.
)
VILLAGE OF MOUNT PROSPECT )
I, Cato] Ao Fie]ds , certify that I am the
Village Clerk of the Village of Mount Prospect, Cook County,
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. 4468 , adopted by the corporate authorities
on ~pt~mh~ 15: , 19 q? , 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 Mount Prospect, 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 28th day
of $~p~ember , 19 92.
SEAL)
Village C~erk ~ ~
TATE OF ILLINOIS )
)
COUNTY OF COOK ) SS.
)
VILLAGE OF MOUNT PROSPECT )
I, Car0] A. Fie]ds , Village Clerk of the
Village of Mount Prospect, Cook County, Illinois, do hereby certify
that the foregoing is a true and correct copy of an Ordinance duly
passed by the Village Board of said Village on the ]5th day
of ~eutember , A.D. 199~ , and duly approved by the President of
said Village on the ]~th day of Kmp~mmhmn , A.D. 19 q? ,
the original of which Ordinance is now on file in my office.
I do further certify that I am the legal custodian of
all papers, contracts, documents and records of said Village.
WITNESS my hand and the official seal of said Village
this ?Sth day of 5e~em~r , A.D. 1992_.
Village Cl/erk
Address
(SEAL)
TATE OF ILLINOIS )
)
COUNTY OF COOK ) SS.
)
VILLAGE OF MOUNT PROSPECT )
I, .~/~PO~ yZ~. /~_p~A"~>~ , Village Clerk of the
Village of Mount Prospect, Cook 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 15th
day of September, A.D. 1992, and duly approved by the President of said
Village on the 15th day of September, A.D. lgg2, and that said acceptance was
duly filed in my office on the.~P# day of j_~.~6~',]~ A.D. lg~.
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 ~;~ day
of (~'5/~J~ , A.D. 192,~.~
Village Clerk
Address
(SEAL)
Execu?'"~n Dupl i cate
ELECTRIC ORDINANCE BOND
Bond No. U 063 74 75 - 408 $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 MOUNT PROSPECT, COOK
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 MOUNT PROSPECT did, on
the 15th day of September, 1992, pass and the President of said
Village did, on the 15th day of September, 1992, 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 MOUNT PROSPECT,
in the County of Cook and State of Illinois, for a term of sixty
(60) years, effective on and after September 15, 1992, 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 MOUNT PROSPECT, 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 15th day of September, 1992.
Principal
COMMONWEALTH EDISON COMPANY
/
sslStant Secretary ~
Surety
UNITED PACIFIC INSURANCE COMPANY
Attorney-~ n- Fa c t / Re/s~A~q~ n ~:
Theodore C. Sevier, Jr. ~/
Replaces Bond No: B636465-107
elianc?~'~ty Company
A Reliance ( ~dings Company
The Chancellm~, oaite 330W
I Pierce Place
Itasca, IL 60143-2640
708.250.7010
Fax: 708. 250.7068
Reliance
January 22, 1993
Ms. Carol A. Fields
Village of Mt. Prospect
100 S. Emerson Street
Mt. Prospect, IL 60056
RE: Rle~tric Orclinn~ce Bond No. 1/63 74 75 - 408
Dear Ms. Fields:
For your information, please find attached a copy of Electric Ordinance
Bend No. U63 74 75 - 408 dated September 15, 1992 which replaces Bond No.
B63 64 65 - 107. ~2ankyou.
Sincerely,
Rose Muliere
Assistant Bond Underwriter
:rm
Attachment
' Executed i~ ~lica~
ELECTRIC ORDINANCE BOND
Bond No. U 063 74.75 - 408 $5,OO0.00
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 MOUNT PROSPECT, COOK
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 MOUNT PROSPECT did, on
the 1Sth day of September, 1992, pass and the President of said
Village did, on the 15th day of September, 1992, 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 MOUNT PROSPECT,
in the County of Cook and State of Illinois, for a term of sixty
(60) years, effective on and after September 15, lgg2, 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 MOUNT PROSPECT, a good and
sufficient bond in the sum of Five Thousand Dollars ($$,000.00)
conditioned to protect and indemnify saidVillage 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
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 rematn in full force and effect.
IN HITNESS MHEREOF, said Principal and Surety have caused
these presents to be executed by their lawfully authorized officers
this 15th day of September, 1992.
Principal
COMMONWEALTH EDISON COMPANY
By:
Chairman
ATTEST:
Assistant Secretary
Surety
UNITED PACIFIC INSURANCE COMPANY
By: ~.~ c~.q~. _.~ , ~
At~orney-i n-Fac t / R~$ l~en'~/Aj)~nt
Theodore C. Sevier, J~'/
Replaces Bond No: B636465-107
ACCEPTANCE OF ELECTRIC ORDINANCE
TO THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT
MOUNT PROSPECT, 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 Mount Prospect, Cook County, Illinois";
duly passed by the Board of Trustees of the Village of Mount Prospect on the
15th day of September, A.D. lg92, and duly approved by the President of said
Village on the 15th day of September, A.D. lg92.
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 2nd day of October, A.D. 1992.
COMMONWEALTH EDISON COMPANY
By ~
//" - ~airman ·
ATTEST:
AssiStant Secretar~
UNITED PACIFIC INSUI~ANCE COMPANY
HEAD OFFICE, FEDERAL WAY, WASHINGTON
POWER OF ATTORNEY
KNOW ALL MEN BY TH ES E PRESENTS, That the UNITED PACIFIC INSURANCE COMPANY, a corporation duly organized under the laws of the
StateofWashington, does herePy make, constituteandappoint HiltJ.am F. Fraser, Edward J.. Robins, Barbara
Bowden, C. R. Hernandez and Theodore C. Sevier, Jr., individually, of Chicago, Illinois
its true and lewful Attorney.in. Fect, to ma~e, execute, sea~ and deliver for and on its ~ehalf, and as its act and deed an~
writings obligato~ in the nature thereof were signed by an Executive Officer of the UNrTED PACIFIC INSURANCE COMPANY and sealed and
atteste~ by.one other of such officers, and hereby ratifies ano conf irms all that its said Attorney(s~in-Fact may ~o in pursuance hereof.
The Power of Attorney is granted under and by authority of A~icle VII of the By-Laws of UNITED PACIFtC INSURANCE COMPANY w~ich
~came effective September 7, 1976, 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 Chai~a~ of the Board, any Senior Vice P~esi~ent, any Vice President or Assistant Vice
them to execute on behalf of the Company. ~nds an~ unde~akings, recogmzances, contracts of indemnity anO other writings oDligato~ in the
nature thereof, and (b) to remove any suc~ Attorney-in-Fact at any time and revoke the power anQ authority given to him.
2. Attorneys-in. Fact shall have power and authority, suOject to the te~s and limitations of the power of attorney issued to them, to
execute an~ Oeliver on ~half of the Company, bon~s and un~e~akings, recognizances, contracts of indemnity and other writings o~iigato~ in
the nature thereof, The corporate seal is not necessa~ for t~e validity of any bonos an0 unde~akings, recognizances, contracts of indemnity an=
Other writings obligato~ in the nature thereof.
3. Attorneys.in. Fact shall have power anO authority t o execute affidavit s reGuire~ t o be at t ached to bon~s, recognizances, cont tact s of
indemnity or other conditional or obligato~ un~e~akings and they shall also have power an~ authority to ce~ify t~e financial statement of the
~mpany and to copies of t~e By-Laws of the Company or any a~icte or section thereof.
The ~wer of attorney is signed and sealed by facsimile u~der and ~y authority of the following Resolution adopted by the Board of Directors of
UNITED PACIFIC INSURANCE COMPANY at a meeting hel~ on the 5th ~ay of June, 1979, at which a Quorum was present, an~ said Resolution has
"ResoweO. that the s~gnature of suc~ directors and officers an~ the seal of the Company may be affixe~ to any such
~wer of attorney or any ce~ificate relating thereto by facsimile, and any SUCh ~ower of attorney or ce~ificate nearing
suc~ f~cimile signatures or facsimile seal shall be vali0 an~ bin~ing upon the Company and any such power so
execute~ and ce~ifie~ by facsimile signatures and facsimile se~~ shah be vali~ an~ binding u~on the ComDany in the
I~WITNESS WHEREOF. the UNITED PACIFIC INSURANCE COMPANY has causeO these ~resents to be signeo by its Vice Pres*Oent, and its
~or~orate sea~ to ~ hereto affixed, this 1S~ ~ay of ~ 19 ~ ~.
STATE OF P~syl~ia ~ice President
COUN~O; P~ladelphia
~ntms ~SL :3,. ~dSL ,19~],personallyaDpeare~ ~artes B. Sc~lz
t~e Resolution. set fomn tnere~n, are st~ll ~m full force. , / ~ ,
~, 19 93 Nota~ PuPlic in and for State of
Resi~ing at P~ladelphia
i. ~ni%a Zip~r~ , ~ Secreta~ of t~e UN ITED PACIFIC INSURANCE COMPANY, ~o hereDy ce~i~ that the above
an~ foregoing is a true a~ correct copy of a Power of Attorney execute: Dy UNITED PACIFIC INSURANCE COMPANY, wh*c~ is still i~ fuq force
an~ effect.
UNITED PEIFIC INSUi:~AN~ COlV~?AI~-I~
HEAD OFFICE. FEDERAL WAY. WASHINGTON
POWER OF ATTORNEY
KNOW ALL MEN BY TH ESE PRESENTS. That the UNITED PACIFIC INSURANCE COM FANY, a co~oration duly organized under the laws of the
State of Washington. ooesnereoymaKe, const;tuteenoacDomt William F. Fraser, Edward J.. Robins, Barbara
Bowden, C. R. Hernandez and Theodore C. Sevier, Jr., individually, of C~licago, Illinois
itstrue~nd~wfu~Attorney~in.F~ctt~maKe~execute~a~ndde~iverf~rand~nitsbeha~f~nda~itsactanddeed a~y and all ~n~
~d ~de~gs of S~etyship,
an~ to ~m~ tile UN~TED ~AC~F~C ~NSURANCE COMPANY thereby as fully an0 to t~e same extent as ~f such ~on~s an~ u~e~akmgs and other
wr~tmgs OOltgato~ in the nature thereof were s~gne~ by an Executive Of hoer of the UNITED PACIFIC INSURANCE COMPANY eno seale~ eno
attestea Dy.one otfler of suc~ officers, ana ~ereby ratifies an0 conhrms all t~at its said Attorney{s~in-Fact may ~o m pursuance hereof.
The Powe~ of Attorney ts grante~ unoer eno ~y authority of A~icle VIt of tile By-Laws of UNITED PACIFIC INSURANCE COMPANY w~icn
~came effective September 7, 1978, whic~ Dtows~ons are now in full force and effect teaomg as follows:
A~ICLE VII ~ EXECUTION OF BONDS AND UNDERTAKINGS
I. The Board of Directom. the PresiOent. the Chai~an of tile Board. any Senio~ Vice Prestoent. any Vice PresiOent or Assistant Vice
Pzesident or other officer 0es~gnateo Dy the Boar0 of Directors s~all ~ave DOWe' anG auzflor:~y to (a) aDDoint Attorneys-in. Fact eno to aumonze
t~em to execute on be~atf of the Company. bones aha unoe~aKings, ~ecogn~zances. contracts of inoemmty and other writings ODIIgalo~ m
nature t~ereof, aha (b) to remove any suc~ Attorney-in-Pact at any ttme an0 revoke the ~wer an~ authority ~ven ~o film
2. Attorneys-in-Fact s~all nave 0ower eno authority, SUDleCf fo tile te~s eno limitations of the Dower of attorney ~ssu~ to tflem, to
ex.ute eno Oeliver on ~alf of the Com0any. ~n~s eno unoe~akmgs, recogmzances, contracts of in0emmty eno Otfle~ writings o~hgatow
t~e nature t~ereof. T~e corporate seal ts not necessa~ for t~e vali0ity of any ~nos aha un~e~akings, recogm~nces, contracts of in~emnib an~
differ writings oDhgato~ ~n the nature t~ereof.
3. Attorneys-in-Fact s~all have ~ower an~ authority to execute affidavits reauired to be attache0 to bones, recognizances, contracts of
inOemnity or other conditional Or obligato~ un~e~skings and they shall also have ~ower an0 authority to ce~ify t~e financial statement of the
~m~any an~ to ¢ogies of t~e By-~ws of tne Company or any a~ple or section thereof.
The ~wer of attorney is sign~ an~ sealed by facsimile under and Dy authority of the following Resolution ado~ted by t~e Board of Directom of
UNITED PACIFIC INSURANCE COMPANY at a meeting ~el~ on the 5th ~ay of June, 1979, at w~ich a ~uorum was present, and said Resolution bas
not ~n amenae~ or re~ealed:
"Reso~ve~, that t~e s~gnature of suc~ directors and officers an~ t~e seal of the Company may be affixea to any such
power of attorney or any ce~ificate retating t~ereto by facsimile, and any such ~ower of attorney or ce~ificate beanng
such fasc~m~le signatures or facsimile seal s~a{I ~e yah0 eno bin~ing uDon tile Company an0 any such oower so
execute~ an0 ce~ifie~ ~y facsimile signatures an~ facsimmle s~ ~nal~ be vah~ an0 binding upon the Comoany in
future wit~ resDect to any bono or un0e~akmn~ tO w~c~ ,' ~;"
IN'WITNESS WHEREOF the UNITED PACIFIC INSURANCE COMPANY b~ cause~ these ~resents to be s~gne0 by its V~ce Pms~Oent, and its
corporate seal to be hereto affi xe~, t~is ~ S~ Oay of ~ 19 ~ ~.
STATE OF P~nsyl~ia ~ice Pres,*ent
COUN~ OF ' P~ladelp~a
~ntn~s ~SL -' ~dS% ,19~],personaHyaDpea~e~ ~ar!es B. Sc~lz
to me known to be the V~ce-Pres,Oent of t~e UNITED PACIFIC INSURANCE COMPANY, an0 acknowledged that he execute0 an~ atteste~ the
F~ma~, 1 ,19 93 Nota~Publicinan*forStateof P~syl
~esi~mg at P~ladelphia
h ~ni%~ Zip~r~ .~ Secreta~ of the UN~TED PACIFIC INSURANCE COMPANY. ~o hereby cemi~ that the above
an0 foregoing is a true an0 correct cody of a Powe~ of Attorney execute~ ~y UN~TED PACIFIC INSURANCE COMPANY. w~cn ~s stHI m fu ' fo,ce
an~ effect,iN WITNESS WHEREOF I ~ave ~e,eunto set ~an~ ~~
my an~ affix~of sai~ Company this 15 ay~ytembe 19 92
BDU 1431 Ed 6~9 ~ Secretau
~.onwealth Edison
;st National Plaza, Chicago, Illinois
Aooress Reply to: Post Office Box 767
Chicago, illinois 60690 - 0767
September 30, 1992
Ms. Carol A. Fields
Village Clerk
Village of Mount Prospect
100 South Emerson Street
Mount Prospect, Illinois 60056
Re: Electric Ordinance Effective September 15, 1992
Liability Insurance and Self-Insurance Program
Licensee Affidavit Letter
Dear Ms. Fields:
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,
~~J Jeffrey B. Pennock
Director, Risk Management
Sworn to and subscribed before me this ~ day of ~7~/~ , 19~.
TATE OF ILLINOIS )
)
COUNTY OF COOK ) SS.
)
VILLAGE OF MOUNT PROSPECT )
I, ~'}/~/~9~ ~ :, ~/~-7~ ~'~ ,Village Clerk of the
Village of Mount Prospect, Cook 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-- ~?~ day of (~0~'7~ , A.D. 19~
under and pursuant to the provisions of a certain ordinance of said Village
passed on the 15th day of September, A.D. lg92, 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~ day
of ,
Village Clerk
gddress
(SEAL)