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<br />,. <br /> <br />CENTENNIAL FIRE DISTRICT <br />JOINT POWERS AGREEMENT <br />SECTION ill <br />ARBITRA nON <br /> <br />3.1 <br /> <br />Arbitration Procedures. (a) Upon the City Council of two member <br />municipalities agreeing to proceed to arbitration in the types of disputes outlined in <br />Section 10.1, the issue shall be submitted to the American Arbitration Association, <br />which shall, as soon as reasonably possible, submit a list of potential arbitrators to <br />each of the municipalities. No disputes except those proceeding forward from <br />section 10.1 shall be subj ect to arbitration. Except as identified herein, the <br />commercial arbitration rules of the American Arbitration Association shall apply to <br />an arbitration pursuant to this agreement. The municipalities shall, within thirty <br />(30) days of receipt of the list of potential arbitrators submit the rank ordering of <br />their municipality preference for arbitrators. The arbitrator having the highest <br />ranking, across all member municipalities, will be selected as the arbitrator for the <br />issue. The municipalities may, by unanimous agreement, select one (1) arbitrator <br />from the list or any other qualified individual. <br /> <br />(b) Within thirty (30) days after the appointment of the arbitrator and no <br />sooner than ten (10) days following written notice to the member <br />municipalities, the arbitrator shall commence a hearing on the dispute. <br /> <br />( c) The hearing shall be recorded and may be transcribed at the request and <br />expense of any municipality. All hearing proceedings, debates and <br />deliberations shall be open to the public, and shall take place at such times <br />and places as contained in the notice, or as thereafter publicly stated in the <br />order to adjourn. <br /> <br />(d) At the close of the hearing, and within thirty (30) days, the arbitrator shall <br />prepare written findings and make a written decision which shall be served <br />by mail upon the municipalities, and shall be binding upon all member <br />municipalities. <br /> <br />3.2 <br /> <br />Arbitrator's Authority <br />(a) The arbitrator shall have no right to amend, modify, nullify, ignore, add to, <br />to subtract from the terms and conditions of this Joint Powers Agreement. <br />The arbitrator shall consider and decide only the specific issue( s) submitted <br />in writing by the municipalities, and shall have no authority to make a <br />decision on any other issues not so submitted. <br /> <br />(b) The arbitrator shall be without power to make decisions contrary to, or <br />inconsistent with, or modifying or varying in any way the applicable <br />application oflaws, rules, or regulations having the force and effect oflaw. <br /> <br />Page # 3 <br />