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2016 JPA with <br />Prior Amendments <br />INITIAL DRAFT <br />4-14-25 <br /> <br /> 10 <br />Formatted: Font: 11 pt <br />Formatted: Font: 11 pt <br />4.6 Subdivision 6. Storm Sewer Utility Fee. VLAWMO is authorized pursuant to the Special <br />Legislation and this Agreement developed pursuant to Minn. Stat. 103B.211 to establish <br />and impose on nonexempt properties within the Area a storm sewer utility fee pursuant to <br />Minn. Stat. § 444.075 to pay for the management of water within the watershed. The storm <br />sewer utility fee shall be approved by the Board and, as required by the Special Legislation, <br />certified to the County Auditor by November 30th each year to be placed on property taxes <br />payable in the following year. <br /> <br />4.7 Capital Improvements. <br /> <br />(a) Authority. VLAWMO is authorized to undertake, construct, and maintain capital <br />improvements within the Area and may cooperate with one or more Members in the <br />construction and maintenance of such improvements. <br /> <br />(b) New Capital Improvements. A proposed new capital improvement may be initiated by <br />VLAWMO, the TEC, or by one or more Members. If the Board agrees to include the <br />proposed capital improvement in its Capital Improvement. Each Program, it will <br />undertake the process to include it in the Watershed Management Plan, its budget, and <br />to work cooperatively with the affected Member agrees to contribute its <br />proportionateas needed to complete the Capital Improvement. <br /> <br />(c) Costs. VLAWMO may use funds budgeted by the Board for the capital improvement, <br />as well as any funds received from grants and any other outside funding sources. If <br />VLAWMO works cooperatively with one or more Members to construct a capital <br />improvement, the parties will enter into a cooperative agreement that identifies the <br />responsibilities and cost share of all approved capital improvement expenditures, <br />which includeseach party toward the project, including associated engineering, <br />planning, legal, and administrative costs, based on the benefit to be received by each <br />Member or other entity from the improvement or management project. The Board <br />shall submit, in writing, a statement to each Member or other entity, setting forth in <br />detail the expenses incurred by VLAWMO for each project.. <br /> <br />Capital improvement projects may be initiated either by: (1) recommendation of the VLAWMO <br />Board to the governmental unit(s) affected; or (2) petition to the Board by the affected <br />governmental unit. In either case, and after study and approval by two-thirds (2/3) of the <br />Directors, the Board shall provide the affected governmental units with estimated costs and a <br />description of the benefits to be realized by those affected and the costs to be borne based on <br />benefit. <br /> <br />(d) Subdivision 7. County Levy. Nothing in this Agreement limits the authority of <br />VLAWMO to undertake capital improvements and to certify the costs to the County <br />for collection in accordance with Minn. Stat. § 103B.251. <br /> <br />4.8 Water Conveyances. The Board may order any local governmental unit to construct, clean, <br />repair, alter, abandon, consolidate, reclaim or change the course of terminus of any ditch, <br />Formatted: Font: Not Bold <br />Formatted: List Paragraph, Indent: Left: 0.38", Hanging: <br />0.31", Numbered + Level: 1 + Numbering Style: a, b, c, … + <br />Start at: 1 + Alignment: Left + Aligned at: 0.38" + Indent <br />at: 0.63" <br />Formatted: Font: Bold <br />Formatted: List Paragraph <br />Formatted: Font: Not Bold, Underline <br />Formatted: List Paragraph, Indent: Left: 0", Hanging: <br />0.38", Outline numbered + Level: 2 + Numbering Style: 1, 2, <br />3, … + Start at: 1 + Alignment: Left + Aligned at: 0" + <br />Indent at: 0.25"