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C~) <br /> <br /> each yea~ to the tot&] area in the Lowe~ RumRiver <br /> Water~hed ooverne~ by this Agreement. <br /> (c) Capital costs, allocated under the 50~ are~ - 50% <br /> net ta;: capacity formula herein set forth ma5. be <br /> varied b5' the Commission D5' a 2/3rds vote of <br /> elJgib]e members if: <br /> <br /> (1) any member community receives a direct <br /> benefit from the capital improvement <br /> which benefit can be defined as a lateral <br /> as well as a trunk benefit, or <br /> (2) the capital improvement provides a <br /> <br /> direct benefit to one or more members <br /> which benefit is so disproportionate as <br /> to require in a sense of fairness a <br /> modification in the 50/50 formula. <br /> <br /> (d) Credits to any member for lands acquired by said <br /> <br /> member to pond or store storm and surface water <br /> shall be allowed against costs set forth in <br /> Subsections (a), (b) ~n~ (c) of this Section. <br /> <br />if agreement is not reached to proceed as set forth in <br />Subsection 1 or 2 of this Subdivision and if the project is <br />constructed and financed pursuant to Minnesota Statutes, <br />Section 103B.25!, the members understand and a~ree that <br />said costs wi!! be ievied~On al! taxable property in the <br />watershed as set forth in the statute. <br /> <br /> <br />