A. 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.
B. Regulation of Public Ways and Public Property: The Village expressly reserves the right to enforce reasonable regulations concerning access to or use of the public ways or public property, as may, from time to time, be provided by ordinance, including requirements for permit applications.
C. Municipal Acquisition of Facilities:
1. Purchase: At any time while this Chapter 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.
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.
3. Continuation of Service: In the event the Village takes any action pursuant to this subsection C, the Licensee agrees that it shall continue to supply electric service within the Village and shall continue to comply with the provisions of this Chapter until the acquisition of the utility facilities has been finalized and the ICC has authorized the Licensee to discontinue service within the Village.
D. Nonexclusive Grant:
1. Nothing in this Chapter shall be construed to grant the Licensee an exclusive franchise to operate within the corporate limits of the Village.
2. The Village reserves the right to make a similar use or grant a similar use in the public ways to any other person.
3. The Village agrees to require all other contractors, subcontractors, franchisees, licensees and permittees in the public ways not to interfere unreasonably with the right of the Licensee in the public ways.
E. Right to Compete with Licensee. Nothing in this Chapter 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.
F. Small Power Production and Cogeneration: The Village expressly reserves the right to engage in the production of electric energy, both from conventional power plants and from cogeneration and small power production facilities. (Ord. 92-26, 11-18-92)