Laserfiche WebLink
DRAFT <br /> 11-7-55-�-24 <br /> acting in accordance with such recommendation shall submit a written <br /> statement of its reasons for doing otherwise to the Board within 10 days of <br /> its decision to act contrary to the Board's recommendation. The Board <br /> shall review the written statement and if determined insufficient by the <br /> Board, request written clarification within an additional 10 days. <br /> (b) Powers Reserved. The Board shall not have any of the powers identified in this <br /> paragraph. Expressly identifying specific powers reserved to the Members is not <br /> intended to expand, by negative implication, the powers granted above to the <br /> Board. <br /> (1) Eminent Domain. The Commission does not have the power of eminent <br /> domain. Any easements or other interests in land necessary to be acquired <br /> for an Improvement Project shall be acquired as provided below. <br /> (2) Real Property. The Commission shall not own any interest in real <br /> property. All interests in lands shall be held in the name of the Member <br /> wherein said lands are located. This provision does not prohibit the <br /> Commission from acquiring a temporary interest in real estate as needed <br /> to conduct studies, undertake a project, or to otherwise carry out its duties. <br /> (3) Bonding. The Commission does not have the power to issue certificates, <br /> warrants, or bonds. <br /> (4) Special Assessments. The Commission shall not have the power to levy a <br /> special assessment upon any privately or publicly owned land. All such <br /> assessments shall be levied by the Member wherein said lands are located. <br /> It shall have the power to require any Member to contribute the costs <br /> allocated or assessed according to the other provisions of this Agreement. <br /> 4.2 Collection or Diversion of Waters. Each Member agrees that it will not directly or <br /> indirectly collect or divert any additional surface water to Lower Rum River, the <br /> Mississippi River, or their tributaries without a permit from the Board. Permits may be <br /> granted by the Board for a Member to proceed with the construction or reconstruction of <br /> improvements within the individual Members' boundaries and at its sole cost upon a <br /> finding: <br /> (a) That there is an adequate outlet; <br /> (b) The construction is in conformance with the overall plan; and <br /> (c) The construction will not adversely affect other Members of this Agreement. <br /> 4.3 Local Water Plans. <br /> 11 <br /> LW <br />