|
(e) If any street lights owned, maintained and/or operated by Company are removed from
<br /> Municipality's right of way, including poles, fixtures, wiring, and all related appurtenances either
<br /> by Company or at request of Municipality, said removal shall be done at the sole expense of
<br /> Company and without reimbursement of any costs from or on behalf of Municipality.
<br /> SECTION 4. In order for Company to render efficient, safe, and continuous services, it
<br /> will be necessary for Company to conduct vegetation management activities, including the
<br /> trimming or pruning and cutting down of the trunks and branches of trees and/or vines and shrubs
<br /> along or over the streets, sidewalks, alleys, avenues, squares, bridges and other public places in
<br /> said Municipality, and areas dedicated to the Municipality for public utility use, wherever the
<br /> same are likely to interfere with its equipment; therefore, Company is hereby granted the right to
<br /> conduct such vegetation management activities so as to enable it to erect, operate and maintain its
<br /> equipment in a regular and consistent form and manner and to enable it to provide the most
<br /> efficient, safe, and continuous service that the circumstances will permit; provided, however, that
<br /> Company shall exercise proper care and discretion in its vegetation management activities. Any
<br /> vegetation trimmed by Company or its agent, including trees, weeds, branches, vines, shrubs, or
<br /> other like vegetation, shall be collected, removed and must be disposed of in an environmentally
<br /> conscious manner such as mulching or composting. Company shall conduct its vegetation
<br /> management activities in accordance with applicable law, including without limitation, 220 ILCS
<br /> 5/8-505.1, and any amendments thereto. Notwithstanding the foregoing, to the extent applicable
<br /> law may be superseded or modified by an agreement between Municipality and Company,
<br /> Municipality and Company reserve the right to enter into such an agreement.
<br /> SECTION 5. The rates to be charged by the Company for electric service rendered under
<br /> this Agreement shall be such as are approved from time to time by the Illinois Commerce
<br /> Commission of the State of Illinois and/or such other duly constituted governmental authority as
<br /> shall have jurisdiction thereof. All Rules and Regulations of the Illinois Commerce Commission of
<br /> the State of Illinois applicable to the rights, privileges and authority granted by this Agreement,
<br /> in the event of conflict herewith, shall govern, but only to the extent such rules and regulations
<br /> preempt Home Rule authority.
<br /> SECTION 6. As a further consideration for the rights, privileges and authorities granted
<br /> by this Agreement, the Company shall, in Year 1 of the agreement, furnish municipality
<br /> compensation in the amount of$955,590 (payable in 12 equal monthly payments by the 15th of
<br /> each month, beginning within 30 days of the acceptance of this ordinance by the municipality).
<br /> In subsequent years payment will be made on the following graduated scale: Year 2 - $891,730
<br /> (payable in 12 equal monthly payments by the 15th of each month); Year 3 - $827,870 (payable in
<br /> 12 equal monthly payments b� the 15th of each month); Year 4 - $764,010 (payable in 12 equal
<br /> monthly payments by the 15t of each month); and Year 5 and all remaining years - $700,150
<br /> (payable in 12 equal monthly payments by the 15th of each month). Municipality may request a
<br /> revision to the compensation amount after five years from the date of passage of this Agreement
<br /> if Municipality has a reasonable belief that its population has increased or decreased by 3% or
<br /> more. Municipality must request the revision at least 60 days prior to the next anniversary date. If
<br /> Company confirms that the number of customers served by the System within Municipality's
<br /> corporate limits has increased or decreased by 3% or more, the compensation amount will be
<br /> revised by that percentage for the next and succeeding payments. Municipality may request
<br /> 3
<br />
|