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" erMember Cities' attention is drawn to Minnesota Statutes, Section 103B.245, <br />which authorizes a Watershed Management Tax District to be created within each <br />fa.emb-ffMember City to pay the costs of planning and for the purpose of paying capital costs <br />and /or normal and routine maintenance of facilities. <br />Subdivision 5. Cost Allocation. General costs of operating the CommissionLRRWMO <br />shall be as set forth in Article VIII, Subdivision 2. Costs of capital projects to be paid by <br />MembersMember Cities will be determined and paid in accordance with Articles VII, <br />Subdivisions 4 and 65 and paid in accordance with Article VIII, Subdivision 3. If the Members <br />do not agree to the allocation of costs to be paid by Members, costs will be paid pursuant to <br />Minnesota Statutes, Section 103B.251 or secured from other sources. <br />MISCELLANEOUS PROVISIONS <br />IX. <br />Subdivision 1. The CommissionLRRWMO shall not have the power to issue certificates, <br />warrants or bonds. <br />Subdivision 2. The CommissionLRRWMO shall not have the power of eminent domain <br />and shall not own any interest in real property. All interests in lands shall be held in the name of <br />the Member City wherein said lands are located. <br />Subdivision 3. The CommissionLRRWMO shall not have the power to levy a special <br />assessment upon any privately or publicly owned land. All such assessments shall be levied by <br />the Member City wherein said lands are located. The CommissionLRRWMO shall have the <br />power to require any Member City to contribute the costs allocated or assessed according to the <br />other provisions of 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 MembersMember 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 />438695v34 LW105 -1 <br />16 <br />