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(b) <br /> <br />(c) <br /> <br />Subdivision 1. <br /> <br /> Agreement. <br /> <br /> Fifty percent of all capital costs or the <br /> financing thereof shall be apportioned to each <br /> member on the basis of the total area of each <br /> member within the boundaries of the watershed <br /> each year to the total area in the Lower Rum River <br /> Watershed governed by this Agreement. <br /> <br /> Capital costs allocated under the 50% area - 50% <br /> net tax capacity formula herein set forth may be <br /> varied by the Commission by a 2/3rds vote of all <br /> eligible members if: <br /> <br /> (1) any member community receives a direct <br /> benefit from the capital improvement <br /> which benefit can be defined as a lateral <br /> as well as" a trunk benefit, or <br /> <br /> (2) the capital improvement provides a <br /> direct benefit to one or more members <br /> which benefit is so disproportionate as <br /> to require in a sense of fairness a <br /> modification in the 50/50 formula. <br /> Credits to any member for lands acquired by said <br /> member to pond or store storm and surface water <br /> shall be allowed~ against costs set forth in <br /> <br /> Subsections (a), (b) and (c) of this Section. <br />MISCELIiANEOUS PROVISIONS <br /> <br /> IX. <br /> <br /> The Commission shall not have the power to issue <br /> <br /> <br />