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03/23/1987 Council Minutes (2)
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03/23/1987 Council Minutes (2)
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City Council
Council Document Type
Council Minutes
Meeting Date
03/23/1987
Council Meeting Type
Regular
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1 <br />arbitration, said arbitration to take place in the manner <br />hereinafter provided. <br />13.2 Procedure. Arbitration shall commence according to <br />applicable Minnesota law, except as follows: <br />(a) The parties shall, within 30 days of a party's decision <br />to proceed to arbitration, or the parties' agreement to <br />proceed to arbitration, appoint one arbitrator each who <br />is experienced and knowledgeable in the purchase and <br />valuation of business property. The arbitrators so <br />selected shall each agree upon the selection of a <br />third arbitrator, similarly qualified, within 30 days <br />after appointment of the second arbitrator. <br />(b) Within 30 days after appointment of all arbitrators, <br />and upon 10 days' written notice to the City and to the <br />Grantee, the arbitrators shall commence a hearing on <br />the dispute. <br />(c) The hearing shall be recorded and may be transcribed at <br />the request and expense of either party. All hearing <br />proceedings, debates and deliberations shall be open to <br />the public and shall take place at such times and <br />places as contained in the notice or as thereafter <br />publicly stated in the order to adjourn. <br />(d) In the event of a dispute pursuant to Section 5.4 of <br />this ordinance, the arbitration panel shall be required <br />to determine the purchase price and any other terms and <br />conditions for the purchase of the system in the City <br />according to the standards established in this <br />ordinance. <br />(e) At the close of the hearings and within 30 days, the <br />arbitrators shall prepare written findings and make a <br />written decision agreed upon by a majority of the <br />arbitrators, which decision shall be served by mail <br />upon the City and the Grantee. <br />(f) The decision of a majority of the arbitrators shall be <br />binding upon both the City and the Grantee. <br />(g) Either party may seek judicial relief to the extent <br />authorized under Minnesota Statutes Sections 572.09 and <br />572.19 as the same may be amended, and, in addition, <br />under the following circumstances: the party fails to <br />select an arbitrator; the arbitrators fail to select an <br />a third arbitrator; one or more arbitrators is <br />unqualified; designated time limits have been exceeded; <br />-15- <br />059 <br />
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