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WHEREAS, at the hearing, the District and its engineer explained the Garsteig-Embden <br /> Improvements; the current condition of those improvements; current, time-sensitive repair needs <br /> regarding some of the Garsteig-Embden Improvements; the lack of a sufficient funding <br /> mechanism to properly and safely operate, repair, and maintain the improvements; the need to <br /> create a federal maintenance district under Section 61-16.1-40.1; and generally introduced the <br /> proposed GARSTEIG-EMBDEN MAINTENANCE DISTRICT. <br /> WHEREAS, the District has completed all of the requisite statutory proceedings <br /> regarding the creation of the GARSTEIG-EMBDEN MAINTENANCE DISTRICT. <br /> WHEREAS, under Section 61-16.1-40.1, creation of the GARSTEIG-EMBDEN <br /> MAINTENANCE DISTRICT requires approval by two-thirds of the Cass County Commission and <br /> two-thirds approval by the District. <br /> 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; attached as Exhibit B is <br /> a proposed Assessment List regarding the GARSTEIG-EMBDEN MAINTENANCE DISTRICT. <br /> WHEREAS, if two-thirds of the Cass County Commission and two-thirds of the District <br /> approve of the creation of the GARSTEIG-EMBDEN MAINTENANCE DISTRICT, the District will <br /> regularly inspect the Garsteig-Embden Improvements to determine what repairs may be <br /> necessary, and the District will set annual maintenance levies accordingly; the annual levy may <br /> range anywhere from no assessment to the maximum four dollar levy, depending upon specific <br /> 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 six <br /> years of maximum maintenance levies, and prohibits the District from using any funds from the <br /> GARSTEIG-EMBDEN MAINTENANCE DISTRICT fund for any other project or purpose. <br /> NOW THEREFORE BE IT RESOLVED, that the Board of Managers of the Maple River <br /> Water Resource District, in Cass County, North Dakota, declares it necessary to create the <br /> GARSTEIG-EMBDEN MAINTENANCE DISTRICT for the benefit of the properties within the <br /> Garsteig-Embden watershed that benefit from and rely upon the Garsteig-Embden Improvements <br /> for flood protection, improved drainage, and other benefits. <br /> BE IT FURTHER RESOLVED, that the Board of Managers of the Maple River Water <br /> Resource District authorizes, approves, and orders the creation of the GARSTEIG-EMBDEN <br /> MAINTENANCE DISTRICT, including approval of the Assessment List attached as Exhibit B as the <br /> final assessment list for the GARSTEIG-EMBDEN MAINTENANCE DISTRICT. <br /> -3- <br />