06/02/2008 Council Packet - Laserfiche WebLink

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• 2.5 2.5. Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within thirty (30) days of the date of written noticcNotice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by Continuation of Franchise. If the City and the Company are unable to agree on the terms of a new franchise by the time this franchise expires, this franchise will remain in effect until a new franchise is agreed upon, or until 90 days after the City or the Company serves written Notice to the other party of its intention to allow the franchise to expire. However, in no event shall this franchise continue for more than one year after expiration of the year term set forth in Section 2.1. SECTION 3. LOCATION, OTHER REGULATIONS. X3.1. Location of Facilities. Electric Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt or interfere with the normal operation of any City Utility System previously installed therein. Electric Facilities shallmav be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location and relocation of Electric Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City consistent with authority granted the City to manage its Public Ways and Public Grounds under state law, to the extent not inconsistent with the —terra specific term of this franchise agreement Company may abandon underground Electric Facilities in place, provided at the City's request, Company will remove abandoned metal or concrete encased conduit interfering with a City improvement project, but only at its own expense to the extent such conduit iaabandoned Facilities are uncovered by excavation as part of the City's improvement project. 3.2 Field Locations. Company shall provide field locations for its Electric Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3 33. Street Openings. Company shall not open or disturb the surface of any Public Way or Public Ground or Public Way for any purpose without first having obtained a permit from the City, if required by a separate ordinance; for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb the surface of any Public GfeundWay or Public WayGround without the City whcrca permit if (i) an emergency exists requiring the immediate repair of Electric