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

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DRAFT 11-7-24 (i) Amounts. The Member responsible for constructing a CIP Project, together with any other identified benefiting Members, shall contribute toward the project such amounts as identified in the Board's resolution ordering the project and in accordance with the terms of the cooperative agreement entered into for the project. The Board will consider the benefits of the improvements to one or more subwatersheds in determining which Members are benefited by the CIP Proj ect. (ii) Appeat. Any Member aggrieved by the determination of the allocation of Member contributions toward a CIP Project may appeal the Board's determination by filling a written appeal to the Board within 30 days of the date of the Board's resolution. The Board shall refer a timely appeal to a board of arbitration for a decision as provided herein. Failure of a Member to file an appeal within the 30-day appeal period shall be deemed to have consented to and agreed with the cost allocation as set out in the Board's resolution. (c) Commission Contributions. The Commission shall contribute toward the project such amounts as identified in the Board's resolution ordering the project and in accordance with the terms of the cooperative agreement entered into for the project. The contribution from the Commission may include grant funds it has received for the project. In such cases, the Board and the responsible Members enter into a subgrant agreement, which may be part of the cooperative agreement, setting out the obligations of the Member to ensure compliance with the gran requirements. The Commission's contribution is in addition to any amounts contributed by Members or other private or public entities. If the Commission's contribution is dependent on an amount to be levied by the County, the contribution is contingent on the Commission receiving such amount from the County. (d) Maintenance Fund. The Commission may establish a maintenance fund to be used for normal and routine maintenance of a work of improvement constructed in whole or part with money provided by Anoka County. As provided in Minn. Stat. § 103B.25I, subd. 9, the Board may add, with the County's consent, to the amount it certifies to the County for collection on the taxes of all property located within the territory of the Watershed or a subwatershed unit an amount for a maintenance fund. The amount certified for the maintenance fund shall be distributed by the County to the Commission together with the other amounts levied for the Commission. Mailed notice of any hearing required by law related to the amount levied for the maintenance fund shall be sent to the clerk of each Member municipality at least 30 days prior to the hearing. The Commission shall deposit the proceeds of said maintenance levy in a separate maintenance and repair account to be used only for the purpose for which the levy was made. 5.7 Cost Allocation for CIP Projects. All capital costs incurred by the Commission shall be apportioned to the respective Members on any of the following bases. 16