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WHEREAS, under Section 61-16.1-40.1, the District's annual maintenance assessment <br /> levies cannot exceed the equivalent of$4 per acre for agricultural lands; however, the District <br /> has assured the Cass County Commission the District will regularly inspect the Garsteig-Embden <br /> Improvements to determine what repairs may be necessary, and that the District will set annual <br /> maintenance levies accordingly; the annual levy may range anywhere from no assessment to the <br /> maximum four dollar levy, depending upon specific maintenance needs. <br /> WHEREAS, Section 61-16.1-40.1 limits the amount of maintenance funds the District <br /> may accumulate in the GARSTEIG-EMBDEN MAINTENANCE DISTRICT fund to the equivalent of <br /> six years of maximum maintenance levies, and prohibits the District from using any funds from <br /> the GARSTEIG-EMBDEN MAINTENANCE DISTRICT fund for any other project or purpose. <br /> WHEREAS, the District unanimously approved creation of the GARSTEIG-EMBDEN <br /> MAINTENANCE DISTRICT. <br /> NOW THEREFORE BE IT RESOLVED, that the Board of County Commissioners, <br /> Cass County, North Dakota, declares it necessary to create the GARSTEIG-EMBDEN <br /> MAINTENANCE DISTRICT for the benefit of the properties within the Garsteig-Embden watershed <br /> that benefit from and rely upon the Garsteig-Embden Improvements for flood protection, <br /> improved drainage, and other benefits. <br /> BE IT FURTHER RESOLVED, that the Board of County Commissioners, Cass County, <br /> North Dakota, authorizes, approves, and orders the creation of the GARSTEIG-EMBDEN <br /> MAINTENANCE DISTRICT. <br /> -2- <br />