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Res 2011-061
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Res 2011-061
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Last modified
9/28/2011 4:17:08 PM
Creation date
6/2/2011 1:09:29 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2011-61
Date
5/17/2011
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(iv) The arbitrators are authorized to resolve any disputes <br />concerning the exchange of information. <br />(v) Generally hearings will be scheduled on consecutive days <br />or in blocks of consecutive days in order to maximize <br />efficiency and minimize costs. <br />(vi) The non - binding arbitration hearing shall be conducted in <br />Austin, Texas. <br />15.2.4. Within thirty (30) days of the conclusion of the hearing, the arbitration <br />panel shall issue a written decision, provided, however the arbitration panel <br />may extend the period to issue a written decision not to exceed sixty (60) <br />days unless the Parties agree to a longer period. The decision shall include <br />specific findings of fact and conclusions of law. With respect to a Rate <br />Dispute, the decision shall set forth in detail the basis of the arbitrators' <br />conclusion that the Rate specified in their decision will enable LCRA to <br />comply with the provisions of Texas Water Code § 222.011, as such <br />provision may be amended from time to time. <br />15.2.5. The Parties agree that following the decision of the arbitrators, any Party <br />dissatisfied with the decision or with a Party's implementation of the <br />decision may file a petition with a Travis County District Court for <br />resolution of the dispute, within ninety (90) days of the decision, or two <br />years and a day after the cause of action first accrued, whichever is greater. <br />The District Court's resolution of the dispute shall be limited to questions of <br />law and to a review based upon the substantial evidence rule as defined by <br />Article 2001.174, Texas Government Code; provided, however: <br />(a) the arbitration record and the arbitrators' decision shall be <br />admissible in evidence; <br />(b) an arbitrators' decision in Customer's favor shall be considered <br />conclusive evidence of Customer's good faith in withholding <br />Disputed Amounts; <br />(c) the court shall enforce the Agreement according to its terms, <br />including, without limitation, the substantive provisions of this <br />Article 15.2 that relate to the prospective and retroactive timing <br />of relief from Rate Actions (Articles 15.1.1(g) and 15.1.3(b)), and <br />the self -help nature of relief (Articles 15.1.1(g), 15.1.1(i) and <br />15.1.3(d), in the event of a Rate Dispute or Greater Contract <br />Dispute; and <br />(d) neither Party shall be entitled to monetary damages; rather, <br />Customer's and LCRA's remedies are limited to those offsets, <br />
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