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(A) Eminent Domain: Nothing herein shall be deemed or construed to impair or affect, in any way or to any extent, the power of the Village to acquire property through the exercise of the right of eminent domain, at a fair and just value; and nothing herein contained shall be construed to contract away or to modify or abridge, whether for a term or in perpetuity, the Village's right of eminent domain.
(B) Police Powers: The company's rights are subject to the police powers of the Village to adopt and enforce ordinances as the Corporate Authorities may deem necessary for the protection of the health, safety and welfare of the public. The company shall comply with all generally applicable laws and ordinances enacted pursuant to that power.
(C) Other Legal Rights And Powers: In addition to any rights specifically reserved to the Village by this chapter, the Village reserves to itself every right and power which is required to be reserved by a provision of this chapter or the franchise.
(D) Right To Make Rules And Regulations: There is hereby reserved to the Village the right to adopt rules and regulations as it shall find necessary or appropriate to implement the terms and conditions of this chapter; provided, however, that such rules and regulations are within the scope of the obligations imposed by this chapter and franchise agreements granted pursuant to this chapter, and do not conflict with the provisions of applicable Federal and State laws and regulations. Before any such rules and regulations are adopted, the Village shall give notice to the company and afford the company an opportunity to be heard.
(E) Variance: The Village reserves the right to grant variances from the strict application of any provision of this chapter, except those required by Federal or State law, if the Village determines: 1) that it is in the public interest to do so, and 2) that the strict enforcement of such provision will impose an undue hardship on the company. To be effective, such variance shall be evidenced by writing signed by a duly authorized representative of the Village. A variance of any provision in one instance shall not be deemed a variance of such provision subsequent to such instance, nor shall it be deemed a variance or waiver of any other provision of this chapter. (Ord. 00-O-12, 5-8-2000)