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DRAFT <br />11-7-24 <br />8.1 <br />Commission. Such distribution of Commission assets shall be made in proportion to the <br />total contribution to the Commission as required by the last annual budget. <br />SECTION VIII <br />MISCELLANEOUS PROVISIONS <br />General Appeal. Any Member aggrieved by a determination of the Board shall have 30 <br />days after the Board's determination within which to file a written appeal to the Board. <br />The Board shall refer a timely appeal to a board of arbitration for a decision as provided <br />below. Failure of a Member to file an appeal within the 30-day appeal period shall be <br />deemed to have consented to the Board's determination. <br />8.2 Board of Arbitration. Any matter appealed by a Member pursuant to this Agreement <br />shall be decided by a board of arbitration. The board of arbitration shall consist of three <br />persons; one to be appointed by the Board, one to be appointed by the appealing Member, <br />and the third to be appointed by the two so selected. In the event the two persons so <br />selected do not appoint the third person within 15 days after their appointment, then the <br />Chief Judge of the District Court of Anoka County shall have jurisdiction to appoint, <br />upon application of either or both of the two earlier selected, the third person to the board <br />of arbitration. The third person selected shall not be a resident of any City and if <br />appointed by the Chief Judge said person shall be a registered professional engineer. The <br />arbitrators' expenses and fees, together with the other expenses, not including counsel <br />fees, incurred in the conduct of the arbitration shall be divided equally between the <br />Commission and the appealing Member. Arbitration shall be conducted in accordance <br />with the Uniform Arbitration Act, Minn. Stat., chap. 572B. Arbitration shall be non- <br />binding unless the Commission and the appealing Member agree to binding arbitration. If <br />the parties agree to binding arbitration the decision of the board of arbitration shall be <br />final and the parties to the arbitration will be deemed to have consented to and agreed <br />with the decision. If these parties do not agree to binding arbitration, any party that does <br />not agree with and consent to the decision of the board of arbitration must notify the <br />Board in writing within 30 days of receipt of the decision of the board of arbitration that <br />it does not consent to or agree with the decision. Failure to so notify the Board shall be <br />deemed consent to and agreement with the decision of the board of arbitration. Unless the <br />parties agree with the decision of the board of arbitration, capital improvements can only <br />be funded in accordance with Minn. Stat. § 103B.251, or secured from other sources. <br />8.3 <br />Term. This Agreement shall be effective as of January 1, 2025 and shall remain in effect <br />until January 1, 2035, unless terminated earlier as provided herein. The Members may <br />agree to continue this Agreement as the preferred method for addressing their obligation <br />to address surface water issues under law. <br />8.4 Mediation. Except for appeals submitted to a board of arbitration as discussed above, the <br />Members agree that any controversy that cannot be resolved between Members shall be <br />submitted to mediation. Mediation shall be conducted by a mutually agreeable process <br />by all Members. If the Members are not able to mutually agree on a mediator, the party <br />and the Board shall each select a mediator and the two mediators shall select a third. <br />21 <br />