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maintenance of facilities. <br />Subdivision 5. Cost Allocation. General costs of operating the LRRWMO shall be as set <br />forth in Article VIII, Subdivision 2. Costs of capital projects to be paid by Member Cities will <br />be determined in accordance with Articles VII, Subdivisions 4 and 5 and paid in accordance with <br />Article VIII, Subdivision 3. <br />bonds. <br />MISCELLANEOUS PROVISIONS <br />IX. <br />Subdivision 1. The LRRWMO shall not have the power to issue certificates, warrants or <br />Subdivision 2. The LRRWMO shall not have the power of eminent domain and shall not <br />own any interest in real property. All interests in lands shall be held in the name of the Member <br />City wherein said lands are located. <br />Subdivision 3. The LRRWMO shall not have the power to levy a special assessment <br />upon any privately or publicly owned land. All such assessments shall be levied by the Member <br />City wherein said lands are located. The LRRWMO shall have the power to require any <br />Member City to contribute the costs allocated or assessed according to the other provisions of <br />this agreement. <br />Subdivision 4. Each Member City agrees that it will not directly or indirectly collect or <br />divert any additional surface water to the Lower Rum River or the Mississippi River or their <br />tributaries from any subdistrict or subtrunk without a permit from the Board. Permits may be <br />granted by the Board for a Member City to proceed with the construction or reconstruction of <br />improvements within the Member City's boundaries and at its sole cost upon a finding: <br />(1) that there is an adequate outlet; <br />(2) that said construction is in conformance with the overall plan; <br />(3) that the construction will not adversely affect other Member Cities. <br />Subdivision 5. Any Member City that is more than 60 days in default in contributing its <br />share to the general fund shall have the vote of its Commissioner suspended pending the <br />payment of its proportionate share. <br />Any Member City that is more than 60 days in default in contributing its proportionate <br />share of the cost of any improvement to the contracting Member City shall upon application of <br />the contracting Member City have the vote of its Commissioner suspended, pending the payment <br />of its proportionate share. <br />Any Member City whose vote is under suspension shall not be considered as an eligible <br />Member City as such membership affects the number of votes required to proceed on any matter <br />under consideration by the Board. <br />438695v4 LW105 -1 <br />15 <br />