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6. Joint Fire Department Discussion
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01-24-2022 Special City Council Meeting
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6. Joint Fire Department Discussion
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Subdivision 3. Termination shall not act to discharge any liability incurred by the District <br /> or the Parties during the term of this Agreement. Such liability shall continue until discharged by <br /> law,this Agreement or any other agreement. <br /> Subdivision 4. If the Parties do not agree on the fair market value of a non-liquid asset,the <br /> District may submit the item to a professional appraiser,whose written opinion of the fair market <br /> value shall be conclusive. <br /> Subdivision 5. Withdrawal of a Party. A Party may withdraw from this Agreement by <br /> providing at least twelve(12)months prior written notice of its intent to withdraw to the other <br /> Parties. Withdrawal shall not act to discharge any liability incurred by the Party prior to <br /> withdrawal. Such liability shall continue until discharged/by law or agreement of the remaining <br /> Parties. If a Party withdraws from the District,and the remaining Parties decide to continue the <br /> operations of the District under the terms of this Agreement,including any amendment(s)thereto <br /> to change the allocation formula,the withdrawing Party shall be entitled to distribution under this <br /> and the remaining Parties shall pay the withdrawing Party for its interest in the District's assets <br /> and funds in proportion to the percentage of annual contribution of funds by the Party to the District <br /> at the time of withdrawal. If the Parties do not agree on the fair market valueof a non-liquid asset, <br /> the District may submit the item to a_professional appraiser, whose written opinion of the fair <br /> market value shall be conclusive. The distribution to the withdrawing Party shall be reduced by <br /> the amount of unfunded liabilities or unpaid expenses as of the end of said fiscal year,unless the <br /> withdrawing Party assumes responsibility to pay such unfunded liabilities or unpaid expenses. If <br /> the withdrawing Party wishes to sell its share,the remaining Party or Parties shall have the right <br /> to purchase said share at its current value before it is offered to any other potential purchaser and <br /> in any case shall have a right of first refusal at a price equal to that offered by the selling Party by <br /> any third party. <br /> Subdivision 6. Withdrawals may be accomplished by the Party filing notice with the <br /> Secretary'of the Board. <br /> ARTICLE XVI <br /> EMPLOYEES AND OTHER DUTIES,OBLIGATIONS AND AUTHORITY <br /> Subdivision 1. The Board shall ensure continuance of a strong District and Fire Services. <br /> Subdivision 2. On the Fire Services Commencement Date, all employees of the City of <br /> Pequot Lakes Fire Departmentshallbecome employees of the District.The only exception shall <br /> be for employees that either stated that they are voluntarily resigning from employment with the <br /> City of Pequot Lakes Fire Department on such date or do not take the normal and reasonable steps <br /> to effectuate their employment with the District as specified by the Board.The Board shall act on <br /> or after the Effective Date, but prior to the Fire Services Commencement Date, to effectuate <br /> appointment of said employees to the District in order that the same are employees of the District <br /> upon the Fire Services Commencement Date.The District shall be solely responsible for all aspects <br /> of appointing individuals upon the Effective Date and for all aspects related to employment of <br /> such individuals upon the Fire Services Commencement Date, including but not limited to <br /> compensation and benefits,if any. <br /> Joint Powers Agreement to Provide Fire Services Page 14 of 23 <br />
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