Res 2007 - 3 - Concern over Ameren UE Response to City

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RESOLUTION 2007 - 3 A Resolution of the City of University City Expressing Concern over Ameren UE’s Failure to Respond to City’s Requests for Service and Information WHEREAS, pursuant to Ordinance No. 6187, Ameren UE entered into a 10-year contract with University City, commencing October 12, 1998, for street lighting and electric service. The contract requires Ameren UE to "inventory, furnish, install, maintain and deliver electrical service to automatically-controlled lighting fixtures currently offered as standard facilities by the Company"; and WHEREAS, the City has identified and reported to Ameren UE 144 lights currently without service, which Ameren UE has failed to maintain as required under the contract, thereby adversely affecting the public health, safety and welfare; and WHEREAS, pursuant to Ordinance No. 6198, Ameren UE was offered a 10-year franchise, commencing April 12, 1999. Section 3 of the ordinance provides: "In order for Company to render efficient and continuous electrical service, it will be necessary for Company to trim the trunks and branches of trees along or over the streets, sidewalks, alleys, avenues, squares, bridges and other public places in said City, and other areas dedicated to the City for public utility use, wherever the same are likely to come into contact with its equipment; therefore, Company is granted the right to trim such trees, including the trunk, branches, and all parts thereof, so as to enable it to erect and maintain its equipment in a regular and consistent form and manner and to enable it to provide the most efficient and continuous service that the circumstances will permit; provided, however, that the Company will exercise proper care and discretion in cutting and trimming said trees and all parts thereof"; and WHEREAS, Section 2 of Ordinance No. 6198 provides: "All facilities of Company in said City shall be installed and maintained in accordance with the applicable rules and regulations of the Missouri Public Service Commission or other governmental regulatory authority having jurisdiction of the subject;" and WHEREAS, Ameren UE has failed to comply with said franchise ordinance in that it has not trimmed trees and maintained its facilities in the City as required, resulting in recent widespread power outages, to the detriment of the public health, safety and welfare; and WHEREAS, Missouri law authorizes cities to manage their right-of-way and require public utilities to obtain a permit to occupy it. Sections 67.1830 to 67.1846 RSMo. A city may impose permit conditions to protect public safety, and may deny a permit if necessary to protect the public health and safety.; and WHEREAS, the City finds that to protect the public health, safety and welfare, maintenance and performance standards are necessary; and WHEREAS, on December 14, 2006, the City requested Ameren UE to provide copies of emergency response and easement maintenance plans, and to participate in a public meeting with residents. Ameren UE has not responded to the City's request, nor indicated when it will respond. 1 2/5/07