§ 1060-150. RIGHTS RESERVED TO THE GRANTOR

(a)

Nothing herein shall be deemed or construed to impair or affect, in any way, to any extent, the right of Grantor to acquire the property of the Grantee, through the exercise of the right of eminent domain, at a fair market value, which if the franchise expires or is terminated in accordance with Section 1060-110, shall not include any amount for the franchise itself or for any of the rights or privileges granted, and nothing herein contained shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the Grantor's right of eminent domain.

(b)

There is hereby reserved to Grantor every right and power which is required to be herein reserved or provided by any ordinance of the Grantor, and the Grantee, by its acceptance of any franchise, agrees to be bound thereby and to comply with any action or requirements of Grantor in its exercise of such rights or power, heretofore or hereafter enacted or established.

(c)

Neither the granting of any franchise under this chapter nor any of the provisions contained herein shall be construed to prevent Grantor from granting any identical or similar franchise to any other person, firm or corporation within all or any portion of the Grantor.

(d)

Grantor retains the power to amend any section or part of this chapter so as to reasonably require additional bonding, insurance or greater standards of construction, operation, maintenance or otherwise on the part of the Grantee; provided, however, that any requirements in addition to those set forth at the time a franchise agreement was effective and applicable only to Grantees under this chapter shall only be effective as to a particular Grantee upon renewal of that Grantee's franchise or with the consent of the Grantee.

(e)

Neither the granting of any franchise under this chapter nor any provision hereof shall constitute a waiver or bar to the exercise of any governmental right or power of the Grantor.

(f)

The Grantor may do all things which are necessary and convenient in the exercise of its jurisdiction under this chapter and may determine any question of fact which may arise during the existence of any franchise granted under this chapter. The Chief Administrative Officer is hereby authorized and empowered to adjust, settle, or compromise any controversy or charge arising from the operations of the Grantee. Either the Grantee or any member of the public who may be dissatisfied with the decision of the Chief Administrative Officer may within ten days of the decision appeal the matter to the Board for hearing and determination. Except as otherwise herein expressly provided, the Board may accept, reject or modify the decision of the Chief Administrative Officer, and the Board may adjust, settle or compromise any controversy or cancel any charge arising from the operations of the Grantee or from any provision of this chapter. The Chief Administrative Officer prior to rendering a decision may refer the matter to the CTA for advice. Nothing herein may be construed to restrict or otherwise interfere with any right of appeal available to Grantee under federal or state law.

(g)

Any Grantee licensed under this chapter is authorized to serve the Grantor's entire geographic area now existing and any new territory annexed thereto in the future. Grantee must provide service to all residential dwellings requesting service, subject to Grantee's line extension policy as approved by Grantor as part of the franchise agreement.