Agenda - Council - 06/27/1995 - Laserfiche WebLink

Home

' method of payment { r upon expiration of 90 days after the mailing of the preliminary report to the members. ' Subdivision 6. Any member governmental unit being aggrieved by the determination of the Board as to the alloc lion of the costs of said improvement shall have 30 days after the commission resolution ordering t improvement to appeal said determination. Said appeal shall be in writing ' g o im E P PP PP g and shall be addressed to the Board asking for arbitration. The determination of the member's appeal shall be refe *ed to a Board of Arbitration. The Board of Arbitration shall consist of three ' persons; one to be a pointed by the Board of Commissioners, one to be appointed by the appealing member governmenai unit, and the third to be appointed by the two so selected. In the event the ' two persons so selected do not appoint the third person within 15 days after their appointment, then the Chief Judge,!, of the District Court of Anoka County shall have jurisdiction to appoint, upon ' application of eitheri or both of the two earlier selected, the third person to the board. The third person selected shall not be a resident of any member governmental unit and if appointed by the Chief Judge said pe on shall be a registered professional engineer. The arbitrators' expenses and er ' fees, togeth with a other expenses, not including counsel fees, incurred in the conduct of the arbitration shall be, divided equally between the Commission and the appealing member. ' Arbitration shall be onducted in accordance with the Uniform Arbitration Act, Chapter 572 of the Minnesota Statutes. ' Subdivision. Contracts for Improvements. All contracts which are to be let as a result of the board's order to �onstruct, repair, alter, reclaim or change the course or terminus of any ditch, ' drain, storm sewer,[ watercourse, or to acquire, operate, construct or maintain dams, dikes, reservoirs or their 4ppurtenances or to carry out any of the other provisions of the plan as authorized by Minn Iota Statutes, and for which two or more member governmental units shall be P ' res onsible for the costs shall be let in accordance with the provisions of Section 429.041 of the f � Minnesota Statutes. The bidding and contracting of said work shall be let by any one of the member government�a units, as ordered by the Board of Commissioners, after compliance with the statutes. All contra6ts and bidding procedures shall comply with all the requirements of law ' applicable to contracts let by a statutory city in the State of Minnesota. The Commission shall not have the authority to contract in its own name for any ' improvement work for which a special assessment will be levied against any private or public property under the provisions of Chapter 429 or under the provisions of any City charter. This section shall not preclude the Commission from proceeding under Minnesota Statutes, Section 103B.251. Subdivision 8. Contracts with Other Governmental Bodies. The Commission may exercise the power .set forth in Article VI, Subdivision 7, but said contracts for a capital improvement shall rd quire a favorable vote of two -thirds majority of the eligible votes of the then ' S