07-07-2014 - Laserfiche WebLink

Commission Minutes—July 7, 2014 4317 RESOLUTION #2014-9 DECLARING THE NECESSITY TO CREATE THE GARSTEIG-EMBDEN MAINTENANCE DISTRICT WHEREAS, the Maple River Water Resource District (the "District") is responsible for operating and maintaining certain watershed improvements previously constructed by the Soil Conservation Service, a federal agency and a precursor to the Natural Resources Conservation Service, in accordance with N.D. Century Code § 61-16.1-40. WHEREAS, the District refers to the watershed improvements as the "Garsteig-Embden Improvements," and they include a floodwater retention project commonly known as "Garsteig Dam"; a floodwater retention project commonly known as "Embden Dam"; and channel improvements all within a watershed that is within what is now the District's jurisdictional boundaries. WHEREAS, the District has conducted proceedings in accordance with N.D. Century Code § 61-16.1-40.1 to create a federal project maintenance district to generate revenue for purposes of properly operating and maintaining the Garsteig-Embden Improvements, for the benefit of real property within the watershed that benefit from the Garsteig-Embden Improvements. WHEREAS, the District conducted a public hearing on June 5, 2014, preceded by all requisite notices in accordance with Section 61-16.1-40.1. WHEREAS, at the hearing, the District and its engineer explained the Garsteig-Embden Improvements; the current condition of those improvements; current, time-sensitive repair needs regarding some of the Garsteig-Embden Improvements; the lack of a sufficient funding mechanism to properly and safely operate, repair, and maintain the improvements; the need to create a federal maintenance district under Section 61-16.1-40.1; and generally introduced the proposed GARSTEIG-EMBDEN MAINTENANCE DISTRICT. WHEREAS, the District presented the RESOLUTION to the Cass County Commission regarding the proposed establishment of the GARSTEIG-EMBDEN MAINTENANCE DISTRICT. WHEREAS, the Cass County Commission has reviewed the proposed GARSTEIG-EMBDEN MAINTENANCE DISTRICT, and has been fully advised regarding the Garsteig-Embden Improvements that are the subject of the proposed GARSTEIG-EMBDEN MAINTENANCE DISTRICT. WHEREAS, under Section 61-16.1-40.1, creation of the GARSTEIG-EMBDEN MAINTENANCE DISTRICT requires approval by two-thirds of the Cass County Commission and two-thirds approval by the District. WHEREAS, under Section 61-16.1-40.1, the District's annual maintenance assessment levies cannot exceed the equivalent of $4 per acre for agricultural lands; however, the District has assured the Cass County Commission the District will regularly inspect the Garsteig-Embden Improvements to determine what repairs may be necessary, and that the District will set annual maintenance levies accordingly; the annual levy may range anywhere from no assessment to the maximum four dollar levy, depending upon specific maintenance needs.