Municipal Authority. Consistent with Good Utility Practice and this Agreement, the Municipal may take whatever actions or inactions with regard to the Municipal System or Municipal Interconnection Facilities during an Emergency State in order to (i) preserve public health and safety, (ii) preserve the reliability of the Municipal System or Municipal Interconnection Facilities, (iii) limit or prevent damage, and (iv) expedite restoration of service. Municipal shall use Reasonable Efforts to minimize the effect of such actions or inactions on the New York State Transmission System and the National Grid Interconnection Facilities. National Grid shall use Reasonable Efforts to assist Municipal in such actions.
Municipal Authority. Each party recognizes and agrees that the authority to approve or deny a municipal license for a homeless and transient shelter rests exclusively with the Municipality of Anchorage.
Municipal Authority. The Employer, in its sole discretion may plan, direct, control, schedule and assign work to Employees, determine the means, methods, and schedules of operation for the continuance of its operations establish standards and maintain the efficiency of its Employees. The Employer also has the sole right to require Employees to observe its reasonable rules and reasonable regulations, to hire, lay off, or relieve Employees from duty, and to maintain order and suspend, demote, discipline, and discharge Employees; however, the Employer shall not take any action which would in any way violate the provisions of the Wisconsin Statutes. All provisions of this paragraph relating to hiring and relieving of Employees, suspension, demotion, and discharge, shall be at the discretion and control of the Town Board of the Town of Xxxxxxxxxx, Wisconsin. The Employer has the right to assign Employees to any other duties at such times as civil emergencies threaten to endanger, or actually do endanger the public health, safety, and welfare or the continuation of vital Town services. The Employer shall use discretion and reason in making such temporary assignments, which shall not be continued beyond the duration of such civil emergency. The Employer has the right to determine what constitutes a civil emergency as expressed in this article.
Municipal Authority. Nothing contained in this Agreement shall in any way diminish, limit, or restrict the right of the Town to enforce any of its ordinances as authorized by law.
Municipal Authority. The RDC shall provide representations and an opinion of counsel that all necessary and appropriate municipal approvals have been obtained and that the closing approvals and processes comply with Indiana law concerning municipal authority and real estate transfers. The representations and opinion must be adequate and appropriate for Developer to secure the title insurance and rider for increased value after renovation. If Franklin Common Council approval for the conveyance of the Property is determined by any Party to be needed or advisable, the Parties shall pursue such approval with reasonable promptness, and prior to the end of the Due Diligence period, which shall be extended as needed so as not to expire less than thirty (30) days after such approvals, representations, and/or opinion letter are obtained.
Municipal Authority. Two statutory provisions grant municipalities in Minnesota authority to require a fee from a public energy utility in exchange for the use of public lands within the municipality.6 The Minnesota Supreme Court recently affirmed that the plain language of these statutes authorizes municipalities to impose a franchise on a public utility.7 Commission staff have also recognized that the statute “gives municipalities broad authority to assess franchise fees on utilities.”8 A city may require the utility to obtain a franchise, but the terms and requirements of a franchise may not frustrate the legislature’s paramount authority to determine who has the right to serve an assigned area.9 The franchise fee “may include but is not limited to a sum of money based upon gross operating revenues or gross earnings from its operations in the municipality so long as the public utility shall continue to operate in the municipality.”10 It also must be obtained “in accordance with the terms, conditions, and limitations of regulatory acts of the municipality.”11 Within these statutory constraints, franchise fees and other terms and conditions of the franchise are generally determined by mutual agreement. Existing agreements exhibit a fair amount of variety in fee structure. Franchise fees are often billed to customers in the form of a per meter charge, a variable rate determined by customer usage, or as a percentage of the bill.12
