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8I Consent 2019 1118
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8I Consent 2019 1118
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Last modified
11/13/2019 7:16:37 PM
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11/13/2019 7:16:00 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
11/18/2019
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PERM
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Reso 2019-190
(Amended by)
Path:
\City Clerk\City Council\Resolutions\2019
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<br />-23- <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />to those stated in the agreement to arbitrate. Each party to said arbitration will be given <br />an opportunity to be heard and to present evidence. Upon inclusion of the hearing or <br />hearings, the Board shall state its findings of fact and conclusions of law and decision in <br />writing and shall sign the same and deliver one signed copy thereof to each party to <br />said controversy. Such award shall be final and binding upon each party to such <br />controversy. A majority finding shall govern if the arbitrators' determination is not <br />unanimous. Each participant shall pay his own expenses, including the expenses of the <br />arbitrator which it nominates. The administrative costs of the arbitration proceedings <br />and the cost of the neutral arbitrator shall be shared equally by all of the parties to said <br />controversy who have submitted said matter to said arbitration. <br /> <br />Section 24. Withdrawal from Authority. Disposition of Assets <br />This agreement shall terminate only upon its expiration by its terms or upon <br />agreement of all the Agencies, such agreement being authorized by the governing body <br />of each of the Agencies. Upon the termination of this Agreement, the Capital assets of <br />the Authority shall be divided among the then parties to the Agreement in proportion to <br />their investment in the Phase I Project Joint Facilities as determined by Schedule A <br />attached hereto. Remaining funds shall be divided among the then parties to this <br />Agreement in proportion to their contributions from inception of the Authority. <br />An Agency may not withdraw from the Authority, prior to the termination of the <br />Authority by expiration of its terms, unless such Agency has arrived at an agreement <br />with the Authority or another Agency which is a party to this agreement whereby the <br />Authority or said other Agency acquires all of the rights in this Agreement and in said <br />Authority of said Agency desiring to terminate and likewise assume all liability including <br />bonded indebtedness of said Agency desiring to terminate this Agreement. Each party <br />to this Agreement waives its right to seek a judicial portion of any interest it may have in <br />the Authority and/or in any assets of the Authority, including real property, <br />improvements which constitute a part of the real property, and/or personal property. <br /> <br />111
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