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shall be addressed to the Board asking for arbitration. The determination of the Member's <br />appeal shall be referred to a board of arbitration. The board of arbitration shall consist of three <br />persons; one to be appointed by the Board, one to be appointed by the appealing Member, and <br />the third to be appointed by the two so selected. In the event the two persons so selected do not <br />appoint the third person within 15 days after their appointment, then the Chief Judge of the <br />District Court of Anoka County shall have jurisdiction to appoint, upon application of either or <br />both of the two earlier selected, the third person to the board of arbitration. The third person <br />selected shall not be a resident of any Member and if appointed by the Chief Judge said person <br />shall be a registered professional engineer. The arbitrators' expenses and fees, together with the <br />other expenses, not including counsel fees, incurred in the conduct of the arbitration shall be <br />divided equally between the Commission and the appealing Member. Arbitration shall be <br />conducted in accordance with the Uniform Arbitration Act, Minnesota Statutes, Chapter 572B. <br />Arbitration shall be non - binding unless the parties agree to binding arbitration. If the parties <br />agree to binding arbitration the decision of the board of arbitration shall be final and the parties <br />will be deemed to have consented to and agreed with the decision. If the parties do not agree to <br />binding arbitration, any party that does not agree with and consent to the decision of the board of <br />arbitration must notify the Board in writing within 30 days of receipt of the decision of the board <br />of arbitration that it does not consent to or agree with the decision. Failure to so notify the Board <br />shall be deemed consent to and agreement with the decision of the board of arbitration. Unless <br />the parties agree with the decision of the board of arbitration, capital improvements can only be <br />funded in accordance with Minnesota Statutes, Section 103B.251, or secured from other sources. <br />Subdivision 7. Contracts for Improvements. All contracts that are to be let as a result of <br />the Board's order to construct, repair, alter, reclaim or change the course or terminus of any <br />ditch, drain, storm sewer, watercourse, or to acquire, operate, construct or maintain dams, dikes, <br />reservoirs or their appurtenances or to carry out any of the other provisions of the plan as <br />authorized by Minnesota Statutes, and for which two or more Members shall be responsible for <br />the costs, shall be let in accordance with the provisions of Minnesota Statutes, Section 429.041 <br />of the Minnesota Statutes. The bidding and contracting of said work shall be let by any one of <br />the Members, as ordered by the Board, 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 Commissioners. <br />Subdivision 9. Supervision. All improvement contracts awarded under the provisions of <br />Subdivision 7 of this Article shall be supervised by the Member awarding said contract or said <br />438695v3 LW105 -1 <br />11 <br />