Agenda - Council Work Session - 11/26/2024

Home

DRAFT 11-73-42-24 6.5 7.1 Default. Any Member who is more than 60 days in default in contributing its share to the operating budget or to a CIP Project shall have the vote of its Commissioner suspended pending the payment of its proportionate share. Any Commissioner whose vote is under suspension shall not be considered for the purposes of determining a quorum or for determining the sufficiency of a vote. SECTION VII TERMINATION AND DISSOLUTION Termination. This Agreement may be terminated prior to January 1, 2035 by the unanimous consent of the Members. If the Agreement is to be terminated, a notice of the intent to dissolve the Commission shall be sent to the Board of Water and Soil Resources and to Anoka County at least 90 days prior to the date of dissolution. 7.2 Dissolution. In addition to the manner provided herein for terminating this Agreement, any Member may petition the Board to dissolve the Agreement. Upon 90 days notice in writing to the clerk of each Member governmental unit and to the Board of Water and Soil Resources and to Anoka County, the Board shall hold a hearing and upon a favorable vote by a majority of all eligible votes of then existing Commissioners, the Board may by Resolution recommend that the Commission be dissolved. Said Resolution shall be submitted to each Member governmental unit and if ratified by a majoritythree-fourths of the City Councils of all eligible Members within 60 days, said Board shall dissolve the Commission allowing a reasonable time to complete work in progress and to dispose of personal property owned by the Commission. 7.3 Distribution of Assets. If this Agreement is terminated and not replaced with a new agreement providing for the continued operation of the Commission, or if the Commission is dissolved, all property of the Commission shall be sold and the proceeds thereof, together with monies on hand, shall be distributed to the eligible Members of the Commission. Such distribution of Commission assets shall be made in proportion to the total contribution to the Commission as required by the last annual budget. 8.1 SECTION VIII MISCELLANEOUS PROVISIONS General Appeal. Any Member aggrieved by a determination of the Board shall have 30 days after the Board's determination within which to file a written appeal to the Board. The Board shall refer a timely appeal to a board of arbitration for a decision as provided below. Failure of a Member to file an appeal within the 30-day appeal period shall be deemed to have consented to the Board's determination. 8.2 Board of Arbitration. Any matter appealed by a Member pursuant to this Agreement shall be decided by a board of arbitration. The board of arbitration shall consist of three persons; one to be appointed by the Board, one to be appointed by the appealing Member, and the third to be appointed by the two so selected. In the event the two persons so 21 LW1O5-1-951303.vl