Agenda - Council Work Session - 11/26/2024

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DRAFT 11-7-24 (a) County Levy. If the project is constructed and financed pursuant to Minn. Stat. § 103B.251, the Members understand and agree that said costs will be levied on all taxable property in the Watershed as set forth in said statute. (b) Negotiated Amount. A negotiated amount to be arrived at by the Members who have lands in the subdistrict responsible for the capital improvement. (c) Tax Capacity and/or Total Area. (1) Fifty percent of all capital costs or the financing thereof shall be apportioned to each Member on the basis of the net tax capacity of each Member within the boundaries of the Watershed each year to the total net tax capacity in the Watershed. (2) Fifty percent of all capital costs or the financing thereof shall be apportioned to each Member on the basis of the total area of each Member within the boundaries of the Watershed each year to the total area in the Watershed. (3) Capital costs allocated under the 50% area/50% net tax capacity formula set forth above maybe varied by a majority vote of the Commission if: (i) any Member community receives a direct benefit from the capital improvement which benefit can be defined as a lateral as well as a trunk benefit, or (ii) the capital improvement provides a direct benefit to one or more Members which benefit is so disproportionate as to require in a sense of fairness a modification in the 50/50 formula. (4) Any credits due to a Member for lands acquired by said Member to pond or store storm and surface water as provided herein shall be allowed against costs due under this section. 5.8 Emergency Projects. The Commission may perform emergency projects in accordance with Minn. Stat. § 103B.252. SECTION VI FINANCES 6.1 Generally. (a) Authority. The Commission funds maybe expended by the Board in accordance with this Agreement and in accordance with the procedures as established by law and in the manner as maybe determined by the Board. 17