Rights of the City.
1. The Association recognizes that the City has statutory and Charter rights and obligations in contracting for matters relating to municipal operations. This MOU shall not limit that authority in any manner unless such limitation is expressly provided for by the specific terms of this MOU. There shall be no implied limitations on the rights of the City. In the event this MOU, the City Personnel Rules, other City Council approved programs, and/or the Department's General and Operations Orders are silent regarding a particular issue, the City Manager, or designees shall retain the right to exercise judgment on such matter.
2. The Parties, in partnership, pledge cooperation in increasing inter/departmental efficiency and effectiveness. The Association agrees to cooperate with the efforts of the City to increase the diversity of the work force.
3. The City and the department directors/office administrators have the responsibility and authority to schedule work and/or overtime in the manner most advantageous to the City; to discipline or discharge employees pursuant to the City Personnel Rules (all disciplinary appeals are outside the procedure for an alleged breach contained in this MOU and Tempe City Code 2-400 et. seq.); to hire, promote, reclassify, layoff and recall employees; to determine assignments and establish methods and processes by which assignments are performed; to transfer employees within the Department in a manner most advantageous to the City, determine the methods or means by which operations and services are delivered; maintain the efficiency of City government in emergencies; and manage all matters not specifically prohibited by this MOU.
4. The inherent and express rights of the City, including those herein specifically referred to, which are not expressly modified or restricted by a specific provision of this MOU, are not in any way, directly or indirectly, subject to the alleged breach procedure contained herein and in the City Ordinance.
5. The enumeration of the above rights and those in the Tempe City Code 2-400 et. seq., are illustrative only and is not to be construed as being all-inclusive.
Rights of the City. The City shall have the right and option to terminate this Contract, after notice to Contractor and hearing, for breach of this Contract or for inadequate quality of service; provided that Contractor shall be given a thirty (30) day period after the hearing in which to cure such breach or inadequate service. In the event a period for curing such breach or inadequate quality of service is provided, a second hearing shall be held at the expiration of the cure period and this Contract shall not be terminated if it is found that the breach or inadequate quality of service has been cured and resolved during such cure period. In the event the City Council finds, after notice and hearing held at anytimeany time after any previous opportunity to cure, that Contractor has breached this Contract or is providing an inadequate quality of service, the City Council may terminate this Contract. However, if Contractor does not accept this Contract and begin providing the services under this Contract on February 1, 2011, as required to be provided under this Contract, the City may terminate this Contract immediately upon giving written notice to the Contractor; provided that Contractor shall coordinate with the City with respect to the beginning date for service that is new services, or in addition to services provided by Contractor prior to January 1, 2010, and the start-up of any such new or additional service may be delayed for a reasonable time until any additional equipment required to provide such new services is delivered to Contractor.
Rights of the City. If (i) the Concessionaire shall fail or neglect to commence the diligent Restoration of the System or the portion thereof so damaged or destroyed, (ii) having so commenced such Restoration, the Concessionaire shall fail to diligently complete the same in accordance with the terms of this Agreement or (iii) prior to the completion of any such Restoration by the Concessionaire, this Agreement shall expire or be terminated in accordance with the terms of this Agreement, the City may, but shall not be required to, complete such Restoration at the Concessionaire’s expense and shall be entitled to be paid out of the Restoration Funds, but such payment shall not limit the Concessionaire’s obligation to pay the City’s reasonable Restoration expenses, less amounts received by the City from such Restoration Funds. In any case where this Agreement shall expire or be terminated prior to the completion of the Restoration, the Concessionaire shall (x) account to the City for all amounts spent in connection with any Restoration which was undertaken, (y) pay over or cause the Depositary to pay over to the City, within 30 days after demand therefor, the remainder, if any, of the Restoration Funds received by the Concessionaire prior to such termination or cancellation and (z) pay over or cause the Depositary to pay over to the City within 30 days after receipt thereof, any Restoration Funds received by the Concessionaire or the Depositary subsequent to such termination or cancellation. The Concessionaire’s obligations under this Section 13.3(b) shall survive the expiration or termination of this Agreement.
Rights of the City. If there shall be pending proceedings for the bankruptcy or for the reorganization of the Borrower under the United States Bankruptcy Code or any other applicable law, or in case a receiver, trustee, or custodian shall have been appointed for the property of the Borrower, or in the case of any other similar judicial proceedings relative to the Borrower, or to the creditors or property of the Borrower, the City shall be entitled and empowered, by intervention in such proceedings or otherwise, to file and prove a claim or claims for the whole amount owing and unpaid pursuant to the Loan Agreement and, in case of any judicial proceedings, to file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the City allowed in such judicial proceedings relative to the Borrower, its creditors, or its property, and to collect and receive any moneys or other property payable or deliverable on any such claims, and to distribute the same after the deduction of its charges and expenses; and any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized to make such payments to the City, and to pay to the City any amount due it for compensation and expenses, including reasonable counsel fees and expenses incurred by it to the date of such distribution.
Rights of the City. (a) The City shall have the right and option to terminate this Contract, after notice to Contractor and hearing, for breach of this Contract or for inadequate quality of service; provided that Contractor shall be given a thirty (30) day period after the hearing in which to cure such breach or inadequate service. In the event a period for curing such breach or inadequate quality of service is provided, a second hearing shall be held at the expiration of the cure period and this Contract shall not be terminated if it is found that the breach or inadequate quality of service has been cured and resolved during such cure period. In the event the City Council finds, after notice and hearing held at any time after any previous opportunity to cure, that Contractor has breached this Contract or is providing an inadequate quality of service, the City Council may terminate this Contract.
(b) The City Council shall be entitled to establish the amounts to be billed by the City for the services to be provided pursuant to this Contract, to include the contract fees and charges payable to the Contractor, a fee established by the City Council for the cost of billing and accounting for such services, and any other reasonably related fees and charges.
(c) The City Council shall have the power and authority to regulate any fees and charges established or imposed by the Contractor within the City for any refuse collection and disposal services provided and for which the rates are not established pursuant to this Contract.
(d) The City shall have the right to deduct from any Contractor’s invoice for Residential Units any out-of-pocket costs incurred by the City for repairing or cleaning any City street or other public rights-of-way due to actions or negligence by the Contractor or Contractor’s equipment.
Rights of the City. 1. The Association recognizes that the City has statutory and Charter rights and obligations in contracting for matters relating to municipal operations. This MOU shall not limit that authority in any manner unless such limitation is expressly provided for by the specific terms of this MOU. There shall be no implied limitations on the rights of the City. In the event this MOU, the City Personnel Rules, other City Council approved programs, and/or the Department's General and Operations Orders are silent regarding a particular issue, the City Manager, or designees shall retain the right to exercise judgment on such matter.
2. The Parties, in partnership, pledge cooperation in increasing inter/departmental efficiency and effectiveness. The Association agrees to cooperate with the efforts of the City to increase the diversity of the work force.
3. The City and the department directors/office administrators have the responsibility and authority to schedule work and/or overtime in the manner most advantageous to the City; to discipline or discharge employees pursuant to the
4. The inherent and express rights of the City, including those herein specifically referred to, which are not expressly modified or restricted by a specific provision of this MOU, are not in any way, directly or indirectly, subject to the alleged breach procedure contained herein and in the City Ordinance.
5. The enumeration of the above rights and those in the Tempe City Code 2-400 et. seq., are illustrative only and is not to be construed as being all-inclusive.
Rights of the City. 11.1 The City by the Director, the Mayor, City Manager, the Facility Manager by any person designated by them may, at any time while the Facility is used by the Licensee, enter the Facility, inspect the Facility and make alterations, repairs or additions which, in their opinion, may be necessary for the safety or preservation of the Facility, and may in the case of fire or other catastrophe cause the evacuation of the Facility without liability to the Licensee for damages caused by the evacuation.
11.2 The City retains the right, at all times, to control and govern the areas known as the "Press (00030741:4} Box" and the exclusive right to designate the persons who may use this area. The City will provide reasonable access for parties and purposes associated with the Licensee's operations.
11.3 If in the opinion of the Director a threat of arson, bombing or other violence has been made in connection with the Facility, the Director may cause the Facility to be evacuated.
11.4 Unless the threat was caused by the negligence or wilful misconduct of the Licensee, its servants or agents, the Licensee has the right at some time convenient to the City, to use the Facility for the purpose of making up for time lost due to the evacuation.
11.5 If the City is obligated by reason of an evacuation to refund any tickets sold, the Licensee has no claim against the City for any loss of revenue, or for any costs, expenses, losses
Rights of the City. 11.1 The City, by the Director of Community Services, the Operations Manager or by any person designated by the City may, at any time while the Facilities are used by the Licensee, enter the Facilities, inspect the Facilities and make alterations, repairs, or additions which, in their opinion, may be necessary for the safety or preservation of the Facilities, and may in the case of fire or other catastrophe cause the evacuation of the Facilities without liability to the Licensee for damages caused by the evacuation.
11.2 If in the opinion of the Director of Community Services a threat of arson, bombing or other violence has been made in connection with the Facilities, the Director of Community Services may cause the Facilities to be evacuated.
11.3 Unless the threat was caused by the negligence or willful misconduct of the Licensee, its servants or agents, the Licensee has the right, at some time convenient to the City, to use the Facility for the purpose of making up for time lost due to the evacuation.
11.4 If the Licensee is obligated by reason of an evacuation to refund any tickets sold, the Licensee hereby releases the City from and agrees to indemnify the City against any loss of revenue, or for any costs, expenses, losses or damages incurred by the Licensee or any other person.
Rights of the City. 490 The City shall be entitled to establish the amounts to be billed by the City for the services to 491 be provided pursuant to this Contract, to include, but not limited to, the Contract fees and 492 charges payable to the Contractor. 493 This Contract shall not be construed or be interpreted as waiving any regulatory or police 494 powers, except to the extent, if any, specifically provided herein.
Rights of the City. A) The parties agree that except as specifically and directly modified, amended or obliged by law or by express language in a specific provision of this Agreement, the City retains all rights, powers and prerogatives that it has or may hereafter be granted and may lawfully exercise the same at its discretion.
B) The category of exclusive rights, powers and prerogatives retained and reserved to the City shall expressly include, and nothing herein shall be deemed to limit, impair, or qualify, the City’s exclusive right to manage the City’s Departments.
C) Said rights, powers, and exclusive prerogatives include, but are not to be construed as limited to, the rights, powers, and exclusive prerogatives to: Hire (full, part-time, seasonal, or temporary members); fire, suspend; or in any other manner discipline; promote; demote; lay-off, or otherwise reduce the work force; transfer (permanently or temporarily); assign or reassign (permanently or temporarily); evaluate the performance of; prescribe hours for and working conditions of; assign any added, lessened or different duties, work and responsibility to; set standards and requirements applicable to and make determinations of eligibility for any in-step wage increase for; promulgate rules and regulations concerning working conditions and safety; regulate and restrict the use of City property (real and personal); make any deductions because of the absence of or failure to perform work; and prescribe any safety and training program or policies for members of the City; and to assign work to whatever personnel either in or out of the unit, and to determine the amount and kind of work to be sub-contracted, that the City or its representative in its discretion deem necessary.
