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and agreed with the decision. If these parties do not agree to binding arbitration, any party that <br />does not agree with and consent to the decision of the board of arbitration must notify the Board <br />in writing within 30 days of receipt of the decision of the board of arbitration that it does not <br />consent to or agree with the decision. Failure to so notify the Board shall be deemed consent to <br />and agreement with the decision of the board of arbitration. Unless the parties agree with the <br />decision of the board of arbitration, capital improvements can only be funded in accordance with <br />Minnesota Statutes, Section 103B.251, or secured from other sources. <br />Subdivision 6. 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 City 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 />City. <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 Member Cities shall be responsible <br />for the costs, shall be let in accordance with the provisions of Minnesota Statutes, Section <br />429.041 of the Minnesota Statutes. The bidding and contracting of said work shall be let by any <br />one of the Member Cities, as ordered by the Board, after compliance with the statutes. All <br />contracts and bidding procedures shall comply with all the requirements of law applicable to <br />contracts let by a statutory city in the State of Minnesota. <br />The LRRWMO 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 LRRWMO from proceeding under Minnesota <br />Statutes, Section 103B.251. <br />Subdivision 8. Contracts with Other Governmental Bodies. The LRRWMO may exercise <br />the powers set forth in Article VI, Subdivision 7, but said contracts for a capital improvement <br />shall require a favorable vote of two- thirds majority of the eligible votes of the then existing <br />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 City awarding said contract or <br />said Member City may contract or appoint any qualified staff member or members of the <br />LRRWMO to carry out said supervision, but each Member City agrees that the staff of the <br />LRRWMO shall be authorized to observe and review the work in progress and the Member <br />Cities agree to cooperate with the LRRWMO staff in accomplishing the purposes of the <br />LRRWMO. Representatives of the LRRWMO shall have the right to enter upon the place or <br />places where the improvement work is in progress for the purpose of making reasonable tests <br />and inspections. The staff of the LRRWMO shall report, advise and recommend to the Board on <br />438695v4 LW105 -1 <br />11 <br />