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each year to the total area in the Lower Rum River <br /> Watershed governed by this Agreement. <br /> (c) Capital costs allocated under the 50% area - 50% <br /> net tax capacity formula herein set forth may be <br /> varied by the Commission by a 2/3rds vote of all <br /> eligible 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) and (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.251, the members understand and agree that <br />said costs will be levied on all taxable property in the <br />watershed as set forth in the statute. <br /> <br /> <br />