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Commission Minutes—July 7, 2014 4318 <br /> WHEREAS, Section 61-16.1-40.1 limits the amount of maintenance funds the District may <br /> 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 <br /> from 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 <br /> watershed that benefit from and rely upon the Garsteig-Embden Improvements for flood <br /> protection, 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 /> 7. FLOOD DIVERSION, Second amendment to joint powers agreement with Fargo, Cass <br /> County Joint Water Resource District <br /> Mr. Fredricks said a joint powers agreement (JPA) with the City of Fargo, Cass County and <br /> Cass County Joint Water Resource District originally was approved in 2010 for property <br /> access and right-of-way acquisition costs associated with the diversion project. The first <br /> amendment to the JPA was approved in 2013 to address costs for development of a special <br /> assessment district. He said the second amendment presented today includes language for <br /> Diversion Project Assessment Committee (DPAC) and Oxbow/Hickson/Bakke (OHB) levee <br /> costs as reimbursable items under the JPA. <br /> MOTION, passed <br /> Mrs. Scherling moved and Mr. Vanyo seconded to authorize the chairman <br /> to sign the second amendment to the joint powers agreement with the <br /> City of Fargo and Cass County Joint Water Resource District to include <br /> the Diversion Project Assessment Committee (DPAC) and <br /> Oxbow/Hickson/Bakke (OHB) levee costs as reimbursable items under the <br /> Metro Flood Diversion Project Limited Joint Powers Agreement (JPA). On <br /> roll call vote, the motion carried unanimously. <br /> 8. SHERIFF'S OFFICE, Approve sale of 2014 jail prisoner transport van/purchase of <br /> 2015 van <br /> Sheriff Paul D. Laney and Captain Mickey Harmon were present to discuss the sale of a <br /> 2014 prisoner transport van and the purchase of a 2015 model. Captain Harmon said a <br /> 2014 Ford 350 cargo van was purchased for jail prisoner transport to replace a 2002 <br /> vehicle. The new van has minimal insulation, no heat or air conditioning in the rear section, <br /> and is two feet longer, which does not fit into most sally ports throughout the state. She <br /> said Ford no longer makes this vehicle, which was purchased from Nelson Auto in Fergus <br /> Falls through the state bidding system. The local Ford dealership was contacted and is <br /> willing to purchase the 2014 van as a trade-in and sell the county a 2015 model at a <br /> reasonable price that will meet the needs of the county. <br />