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Agenda - Council Work Session - 03/11/2014
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Agenda - Council Work Session - 03/11/2014
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3/17/2025 4:18:06 PM
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3/14/2014 9:07:32 AM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council Work Session
Document Date
03/11/2014
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the estimated cost to each member governmental unitMember. The Board may adjourn said <br />hearing to obtain further information, may continue said hearing pending action of the member <br />governmental unitsMembers or may take such other action as it deems necessary to carry out the <br />purposes of thisthe Commission. <br />To order the improvement, in accordance with the powers and duties established in <br />Article VI, Subdivisions 7, 8 and 9, a resolution setting forth the order for a capital improvement <br />project shall require a favorable vote by two- thirds of all eligible votes of the then existing <br />Board of the CommissionCommissioners. (In all cases other than for a capital improvement <br />project, a majority vote of all eligible members of the BoardCommissioners shall be sufficient to <br />order the work.) The order shall describe the improvement, shall allocate in percentages the cost <br />allocation between the member governmental unitsMembers, shall designate the engineers to <br />prepare plans and specifications, and shall designate the member whoMember that will contract <br />for the improvement in accordance with Subdivision 7 of this Article. <br />After the Board has ordered an improvement it shall forward to all member governmental <br />unitsMembers an estimated time schedule for the construction of said improvement. The Board <br />shall allow an adequate amount of time, and in no event less than 45 days, for each member <br />governmental unitMember to conduct hearings, in accordance with the provisions of the <br />aforestated Chapter 429, or the charter requirements of any city, or to ascertain the method of <br />financing whichthat said member governmental unitMember will utilize to pay its proportionate <br />share of the costs of the improvement. Each member governmental unitMember shall ascertain <br />within a period of 90 days the method it shall use to pay its proportionate share of the costs. <br />If the Commission proposes to utilize Anoka County's bonding authority as set forth in <br />Minnesota Statutes, Section 103B.251, or if the Commission proposes to certify all or any part of <br />a capital improvement to Anoka County for payment, then and in that event all proceedings shall <br />be carried out in accordance with the provisions set forth in said Section 103B.251. <br />Subdivision 5. The Board shall not order and no engineer shall be authorized by the <br />Board to prepare plans and specifications before the Board has adopted a resolution ordering the <br />improvement. The Board may order the advertising for bids upon receipt of notice from each <br />member governmental unit whoMember that will be assessed that it has completed its hearing or <br />determined its method of payment or upon expiration of 90 days after the mailing of the <br />preliminary report to the membeMember. <br />Subdivision 6. Any member governmental unitMember being aggrieved by the <br />determination of the Board as to the allocation of the costs of said improvement shall have 30 <br />days after the commissionBoard resolution ordering the improvement to appeal said <br />determination. Failure of a Member to appeal the determination of the Board within such <br />30 -day period shall be deemed to be consent to and agreement with the cost allocation in the <br />Board's resolution. An appeal shall be in writing and shall be addressed to the Board asking for <br />arbitration. The determination of the membefMember's appeal shall be referred to a aboard <br />of Arbitrationarbitration. The lboard of Arbitrationarbitration shall consist of three persons; <br />one to be appointed by the Board of Commissioners, one to be appointed by the appealing <br />member governmental unitMember, and the third to be appointed by the two so selected. In the <br />438695v23 LW105 -1 <br />11 <br />
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