Agenda - Council Work Session - 06/17/2014

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utilize to pay its proportionate share of the costs of the improvement. Each Member City shall ascertain within a period of 90 days the method it shall use to pay its proportionate share of the costs. If the CommissionLRRWMO proposes to utilize Anoka County's bonding authority as set forth in Minnesota Statutes, Section 103B.251, or if the CommissionLRRWMO proposes to certify all or any part of a capital improvement to Anoka County for payment, then and in that event all proceedings shall be carried out in accordance with the provisions set forth in said Section 103B.251. Subdivision 5. The Board shall not order and no engineer shall be authorized by the Board to prepare plans and specifications before the Board has adopted a resolution ordering the improvement. The Board may order the advertising for bids upon receipt of notice from each Member that will be assessed that it has completed its hearing or determined its method of payment or upon expiration of 90 days after the mailing of the preliminary report to the Member.Subdivision 6. Any Member City being aggrieved by the determination of the Board as to the allocation of the costs of said improvement shall have 30 days after the Board resolution ordering the improvement to appeal said determination. Failure of a Member City to appeal the determination of the Board within such 30 -day period shall be deemed to be consent to and agreement with the cost allocation in the Board's resolution. An appeal shall be in writing and shall be addressed to the Board asking for arbitration. The determination of the Member City's appeal shall be referred to a board of arbitration. The board of arbitration shall consist of three persons; one to be appointed by the Board, one to be appointed by the appealing Member City, and the third to be appointed by the two so selected. In the event the two persons so selected do not appoint the third person within 15 days after their appointment, then the Chief Judge of the District Court of Anoka County shall have jurisdiction to appoint, upon application of either or both of the two earlier selected, the third person to the board of arbitration. The third person selected shall not be a resident of any Member City and if appointed by the Chief Judge said person shall be a registered professional engineer. The arbitrators' expenses and fees, together with the other expenses, not including counsel fees, incurred in the conduct of the arbitration shall be divided equally between the CommissionLRRWMO and the appealing Member City. Arbitration shall be conducted in accordance with the Uniform Arbitration Act, Minnesota Statutes, Chapter 572B. Arbitration shall be non - binding unless the partiesLRRWMO and the appealing Member City agree to binding arbitration. If the parties agree to binding arbitration the decision of the board of arbitration shall be final and the parties to the arbitration will be deemed to have consented to and agreed with the decision. If thethese parties do not agree to binding arbitration, any party that does not agree with and consent to the decision of the board of arbitration must notify the Board in writing within 30 days of receipt of the decision of the board of arbitration that it does not consent to or agree with the decision. Failure to so notify the Board shall be deemed consent to and agreement with the decision of the board of arbitration. Unless the parties agree with the decision of the board of arbitration, capital improvements can only be funded in accordance with Minnesota Statutes, Section 103B.251, or secured from other sources. Subdivision 6. The Board shall not order and no engineer shall be authorized by the Board to prepare plans and specifications before the Board has adopted a resolution ordering the improvement. The Board may order the advertising for bids upon receipt of notice from each 438695144 LW105 -1 11