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In determining how costs of a capital improvement shall be allocated among Members, <br />the Board may consider whether the improvement benefits one or more subwatersheds rather <br />than the Lower Rum River Watershed as a whole. <br />The Board shall then hold a public hearing on the proposed improvement after mailed <br />notice to the Clerk of each Member. The Board shall not be required to mail or publish notice <br />except by said notice to the Clerk. Said notice shall be mailed not less than 45 days before the <br />hearing, shall state the time and place of the hearing, the general nature of the improvement, the <br />estimated total cost and the estimated cost to each Member. The Board may adjourn said hearing <br />to obtain further information, may continue said hearing pending action of the Members or may <br />take such other action as it deems necessary to carry out the purposes of the 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 />Commissioners. (In all cases other than for a capital improvement project, a majority vote of all <br />eligible Commissioners shall be sufficient to order the work.) The order shall describe the <br />improvement, shall allocate in percentages the cost between the Members, shall designate the <br />engineers to prepare plans and specifications, and shall designate the Member 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 Members an estimated <br />time schedule for the construction of said improvement. The Board shall allow an adequate <br />amount of time, and in no event less than 45 days, for each Member to conduct hearings, in <br />accordance with the provisions of the aforestated Chapter 429, or the charter requirements of any <br />city, or to ascertain the method of financing that said Member will utilize to pay its proportionate <br />share of the costs of the improvement. Each Member shall ascertain within a period of 90 days <br />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 that will be assessed that it has completed its hearing or determined its method of <br />payment or upon expiration of 90 days after the mailing of the preliminary report to the Member. <br />Subdivision 6. Any Member being aggrieved by the determination of the Board as to the <br />allocation of the costs of said improvement shall have 30 days after the Board resolution <br />ordering the improvement to appeal said determination. Failure of a Member to appeal the <br />determination of the Board within such 30 -day period shall be deemed to be consent to and <br />agreement with the cost allocation in the Board' s resolution. An appeal shall be in writing and <br />438695v3 LW105 -1 <br />10 <br />