If the findings, order or decision of the Cincinnati City Manager made pursuant to the provisions of this chapter or the rules and regulations described in Section 1042.02 are not acceptable to any industry, such industry shall have the right to appeal as follows: two reputable and competent engineers shall be chosen, one by the industry and the other by the City, neither of whom shall be a regular employee of either principal. Such persons shall act as referees. As soon as such referees are chosen, the City Manager of Cincinnati shall file with them a certified copy of the complaint and the decision of the City Manager of Cincinnati, and it shall be the duty of such referees to investigate the complaint and to agree either to affirm or reject the findings of the City Manager of Cincinnati and file a report with the City Council of Cincinnati within a reasonable time, setting down their decision. If the referees so chosen are unable to agree, they shall choose a third engineer of like standing, and the decision or recommendation of the majority shall be reported to the City Council of Cincinnati. The decision or ruling of the City Council of Cincinnati shall be final and shall be reported to the industry, to the City Manager of Cincinnati and to the Evendale Council.
The fees and expenses of the referee appointed by the industry shall be paid by the industry and the fees and expenses of the referee appointed by the City shall be paid from funds appropriated by the City Council of Cincinnati for such purposes from the surcharge collections. The fees and expenses of the third referee shall be equally divided between the industry and the City.
(Ord. 6-53. Passed 5-8-53.)