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~ ~ .. <br />., <br />E. The City shall agree that any federal ,state or local permits required <br />shall be obtained prior to doing repair and maintenance. <br />F. Any legal proceedings to challenge the decision to make the foregoing <br />order shall be defended by the City of Elk River. Sherburne County is <br />not obligated to defend any such legal proceedings but shall co-operate <br />with the City's efforts to do so. <br />• <br />2. That the cost of such use as a municipal outlet as set forth in Exhibit A shall be <br />the cost of repair and maintenance of that portion of the County Ditch by the City of Elk River <br />which is so utilized as a municipal outlet. <br />Order moved by Commissioner a S~-ra-~ seconded_ by Commissioner <br />~~shnSa~ and adopted. <br />Commissioner Engstrom votes <br />Commissioner Friedl votes <br />Commissioner Johnson votes ~~~~ <br />Commissioner Nagorski votes <br />Commissioner Wergin votes <br />The Resolution passes/ fails. <br />The above action was taken on the ~~ day of 1 . <br />Clerk to the Sherburne County Board <br />• <br />