Laserfiche WebLink
<br />If the dispute is not resolved within 30 days of the written notice, the parties may jointly select <br />a mediator to facilitate further discussion. The parties will equally share the fees and expenses <br />of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute <br />within 30 days after first meeting with the selected mediator, either party may commence an <br />action in Ramsey County District Court to interpret and enforce this franchise or for such other <br />relief as may be permitted by law or equity for breach of contract, or either party may take any <br />other action permitted by law. <br /> <br />SECTION 3. LOCATION. OTHER REGULATIONS. <br /> <br />3.1 Location of Facilities. Electric Facilities shall be located, constructed and <br />maintained so as not to interfere with the safety and convenience of ordinary travel along and <br />over Public Ways and so as not to disrupt normal operation of any City Utility System <br />previously installed herein. Electric Facilities shall be located on Public Grounds as determined <br />by the City. Company's construction, reconstruction, operation, repair, maintenance and <br />location of Electric Facilities shall be subject to other reasonable regulations of the City to the <br />extent not inconsistent with the terms of this franchise agreement. <br /> <br />3.2 Field Locations. Company shall provide field locations for its underground <br />Electric Facilities within City consistent with the requirements of Minnesota Statutes, Chapter <br />216D. <br /> <br />3.3 Street Openings. Company shall not open or disturb any Public way or Public <br />Ground for any purpose without first having obtained a permit from the City, if required by a <br />separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed <br />on Company shall not be more burdensome than those imposed on other utilities for similar <br />facilities or work. Company may, however, open and disturb any Public Way or Public Ground <br />without permission from the City where an emergency exists requiring the immediate repair of <br />Electric Facilities. In such event Company shall notify the City by telephone to the office <br />designated by the City as soon as practicable. Not later than the second working day thereafter, <br />Company shall obtain any required permits and pay any required fees. ' <br /> <br />3.4 Restoration. After undertaking any work requiring the òpening of any Public Way <br />or Public Ground, Company shall restore the same, including paving"its foundation, to as good <br />a condition as formerly existed, and shall maintain any paved surface in good condition for two <br />years thereafter. The work shall be completed as promptly as weather permits, and if Company <br />shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and <br />material, and put the Public Way or Public Ground in the said condition, the City shall have, <br />after demand to Company to cure and the passage of a reasonable period of time following the <br />demand, but not to exceed five days, the right to make the restoration at the expense of <br />Company. Company shall pay to the City the cost of such work done for or performed by the <br />City. This remedy shall be in addition to any other remedy available to the City for <br />noncompliance with this Section 3.4, but the City hereby waives any requirement for Company <br />to post a construction performance bond, certificate of insurance, letter of credit or any other <br /> <br />3 <br />