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Members' attention is drawn to Minnesota Statutes, Section 103B.245, which authorizes a <br />Watershed Management Tax District to be created within each member City to pay the costs of <br />Tannin and for the purpose of paying capital costs and/or normal and routine maintenance of <br />planning P rP P Y g P <br />facilities. <br />Subdivision 5. Cost Allocation. General costs of operating the Commission shall be as set <br />forth in Article `III, Subdivision 2. The Commission shall apportion costs of any capital <br />improvements to the respective members based upon a negotiated agreement to be arrived+ at by <br />members who have lands in the subdistrict. In the event a negotiation cannot be reached, the <br />distribution of costs will be determined through the arbitration process described in Article VII <br />Subd. 6. <br />MISCELLANEOUS PROVISIONS <br />Ix. <br />Subdivision 1. The Commission shall not have the power to issue certificates, warrants or <br />bonds. <br />Subdivision 2. The Commission 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 corporate <br />member wherein said lands are located. <br />Subdivision 3. The Commission 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 />wherein said lands are located. It shall have the power to require any member to contribute the <br />costs allocated or assessed according to the other provisions of this agreement. <br />Subdivision 4. Each member agrees that it will not directly or indirectly collect or divert <br />any additional surface water to the Lower Rum River or the Mississippi River or their tributaries <br />from any subdistrict or subtrunk without a permit from the Board of Commissioners. Permits <br />maybe granted by the Board for a member to proceed with the construction or reconstruction of <br />improvements within the individual corporate members' boundaries and at its sole cost upon a <br />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 members of this agreement. <br />Subdivision 5. Any member who is more than 60 days in default in contributing its share <br />to the general fund shall have the vote of its Board member suspended pending the payment of its <br />proportionate share. <br />Any member who is more than 60 days in default in contributing its proportionate share of <br />the cost of any improvement to the contracting member shall upon application of the contracting <br />member have the vote of its Board member suspended, pending the payment of its proportionate <br />share. <br />Any Board member whose vote is under suspension shall not be considered as an eligible <br />I ff Page A--15 <br />