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event the two persons so selected do not appoint the third person within 15 days after their <br />appointment, then the Chief Judge of the District Court of Anoka County shall have jurisdiction <br />to appoint, upon application of either or both of the two earlier selected, the third person to the <br />board of arbitration. The third person selected shall not be a resident of any member <br />governmental unitMember and if appointed by the Chief Judge said person shall be a registered <br />professional engineer. The arbitrators' expenses and fees, together with the other expenses, not <br />including counsel fees, incurred in the conduct of the arbitration shall be divided equally <br />between the Commission and the appealing membefMember. Arbitration shall be conducted in <br />accordance with the Uniform Arbitration Act, Chapter 572 of the Minnesota StatutesMinnesota <br />Statutes, Chapter 572B. Arbitration shall be non - binding unless the parties agree to binding <br />arbitration. If the parties agree to binding arbitration the decision of the board of arbitration shall <br />be final and the parties will be deemed to have consented to and agreed with the decision. If the <br />parties do not agree to binding arbitration, any party that does not agree with and consent to the <br />decision of the board of arbitration must notify the Board in writing within 30 days of receipt of <br />the decision of the board of arbitration that it does not consent to or agree with the decision. <br />Failure to so notify the Board shall be deemed consent to and agreement with the decision of the <br />board of arbitration. Unless the parties agree with the decision of the board of arbitration, capital <br />improvements can only be funded in accordance with Minnesota Statutes, Section 103B.251, or <br />secured from other sources. <br />Subdivision 7. Contracts for Improvements. All contracts whichthat are to be let as a <br />result of the Board's order to construct, repair, alter, reclaim or change the course or <br />terminus of any ditch, drain, storm sewer, watercourse, or to acquire, operate, construct or <br />maintain dams, dikes, reservoirs or their appurtenances or to carry out any of the other provisions <br />of the plan as authorized by Minnesota Statutes, and for which two or more member <br />governmental unitsMembers shall be responsible for the costs, shall be let in accordance with the <br />provisions of Minnesota Statutes, Section 429.041 of the Minnesota Statutes. The bidding and <br />contracting of said work shall be let by any one of the member governmental unitsMembers, as <br />ordered by the Board of Commissioners, after compliance with the statutes. All contracts and <br />bidding procedures shall comply with all the requirements of law applicable to contracts let by a <br />statutory city in the State of Minnesota. <br />The Commission shall not have the authority to contract in its own name for any <br />improvement work for which a special assessment will be levied against any private or public <br />property under the provisions of Minnesota Statutes, Chapter 429 or under the provisions of any <br />City charter. This section shall not preclude the Commission from proceeding under Minnesota <br />Statutes, Section 103B.251. <br />Subdivision 8. Contracts with Other Governmental Bodies. The Commission may <br />exercise the powers set forth in Article VI, Subdivision 7, but said contracts for a capital <br />improvement shall require a favorable vote of two- thirds majority of the eligible votes of the <br />then existing members of the CommissionCommissioners. <br />Subdivision 9. Supervision. All improvement contracts awarded under the provisions of <br />Subdivision 7 of this Article shall be supervised by the member governmental unitMember <br />awarding said contract or said member governmental unitMember may contract or appoint any <br />438695v23 LW105 -1 <br />12 <br />