35.
(1) The Mayor or Chairman of a local authority or the Board of Directors or the management of a public corporation may having, regard to the provisions of paragraph (iv) of the proviso to section 33, permit, an operator to exercise all or any of the powers under that section subject to payment to the local authority or public corporation of a fee for the use of the property and to conditions relating to the time or mode of execution of any work or for any other thing connected with or relating to any work undertaken by an operator under that section. |
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(2) Where any sum of money is payable to a local Authority or a public corporation under subsection (1), or where compensation is payable under subsection (2) of section 37 and an operator disputes such payment or compensation as excessive or unreasonable taking into account: all the circumstances, then, and in every such case the matter so in dispute shall be referred to the Authority for determination and the Authority shall determine the same. |
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(3) A party aggrieved by the determination of the Authority under subsection (2) may refer the dispute to two arbitrators, one to be appointed by each party, and such arbitrators shall before entering on the arbitration select an umpire, and the decision of such arbitrators where they are agreed or in the case of a difference of opinion among the arbitrators, the decision of the umpire, shall be final. |
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