Agenda - Council - 11/26/2024 - Laserfiche WebLink

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i Members attention is drawn to Minnesota Statutes, Section 103B.245, which authorizes a r Watershed Management Tax District to be created within each member City to pay the costs of tannin and for the purpose of paying capital costs and/or normal and routine maintenance of planning P rP P Y g P facilities. Subdivision 5. Cost Allocation; General oasts of operating the Commission shall be as set forth in Article VIR, Subdivision 2, The Commission shall apportion costs of any capital improvements to the respective members based upon a negotiated agreement to be arrived+at by members who have lands in the subdistrict. In the event a negotiation cannot be reached, the distribution of costs will be determined through the arbitration process described in Article VII S u bd. 6. MISCELLANEOUS PROVISIONS Ix. Subdivision 1. The Commission shall not have the power to issue certificates, warrants or bonds. Subdivision 2. The Commission shall not have the power of eminent domain and shall not own any interest in real property. All interests in lands shall be held in the name of the corporate member wherein said lands are located. Subdivision 3. The Commission shall not have the power to levy a special assessment upon any privately or publicly owned land. All such assessments shall be levied by the member wherein said lands are located. It shall have the power to require any member to contribute the costs allocated or assessed according to the other provisions of this agreement. Subdivision 4. Each member agrees that it will not directly or indirectly collect or divert any additional surface water to the Lower Rum Rimer or the Mississippi River or their tributaries from any subdistrict or subtrunk without a permit from the Board of Commissioners. Permits maybe granted by the Board for a member to proceed with the construction or reconstruction of improvements within the individual corporate members' boundaries and at its sole cost upon a finding: (1) that there is an adequate outlet; (2) that said construction is in conformance with the overall plan; (3) that the construction will not adversely affect other members of this agreement. Subdivision S. Any member who is more tlian 60 days in default in contributing its share to the general fund shall have the vote of its Board member suspended pending the payment of its proportionate share. Any member who is more than 60 days in default in contributing its proportionate share of the cost of any improvement to the contracting member shall upon application of the contracting member have the vote of its Board member suspended, pending the payment of its proportionate share. Any Board member whose vote is under suspension shall not be considered as an eligible it ff Paqe A--15