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06-27-1994 Council Packet
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06-27-1994 Council Packet
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r <br />I * <br />The City of Orono will provide a monthly budget report to the <br />Contract Cities in such detail as the Cities may reasonably <br />require, including, by line item, amounts originally budgeted <br />and month-to-date and year-to-date expenditures. <br />17. Arbitration. If the Contract City is aggrieved by the <br />determination of the City of Orono as to the allocation of the <br />actual costs of the prior year's service, the Contract City <br />may appeal said determination within 30 days after receipt of <br />the City of Orono's audit. Said appeal shall be in writing <br />and shall be addressed to the City of Orono asking for <br />arbitration by a board of arbitration.The Board of <br />Arbitration shall consist of three persons; one to be <br />appointed oy the City of Orono, one to be appointed by the <br />appealing Contract City, and the third to be appointed by the <br />two so selected.The name of each arbitrator shall be <br />submitted in writing to the other party. In the event that <br />the two arbitrators do not appoint the third arbitrator within <br />15 days after receipt of written notice of appointment of <br />either of the first two arbitrators, the Chief Judge of the <br />District Court of Hennepin County shall have jurisdict; jn to <br />appoint, upon application of either the City of Orono or the <br />appealing Contract City, the third arbitrator to the Board. <br />The third arbitrator selected shall not be a resident of <br />either Contract City, and shall be a city manager or <br />administrator. The arbitrators' expenses and fees, together <br />with the other expenses, not including counsel fees, incurred <br />in the conduct of the arbitration, shall be divided equally <br />between the parties to the arbitration. Arbitration shall be <br />conducted in accordance with the Uniform Arb.tration Act, <br />Chapter 572 of the Minnesota Statutes, and any decision shall <br />be rendered within 60 days of appointment of the third <br />arbitrator.Said arbitration shall be binding on both <br />parties. <br />18.Annual Audit of Actual Costs.The Contract Cities <br />understand and agree that it is impossible to project with <br />complete accuracy the actual costs for labor and equipment as <br />well as the service to be required by each Contract City for <br />the forthcoming contract year, and therefore, agree to a <br />yearly audit to adjust the prior year's estimated contract <br />charge as set forth above to the actual contract charge based <br />upon the actual costs for that contract year. On or before <br />Page 9
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