07-21-2014
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Commission Minutes—July 21, 2014 4325 <br /> proceeds toward repayment of the flood diversion project debt with the remaining 9% of <br /> generated sales tax dollars for other flood control projects in the county. <br /> Michael Montplaisir, County Auditor, said funds will be withdrawn as needed. The financing <br /> method chosen will allow the maximum amount of dollars to be used at the least amount of <br /> cost to the county and city. Three resolutions have been drafted relating to interim financing <br /> of the diversion project: the first one authorizes the signing of the intergovernmental <br /> agreement between Cass County and Fargo; the second one dedicates county sales tax <br /> funds to be used toward payment of the debt obligations; and the third one authorizes the <br /> signing of the loan agreement with U.S. Bank. <br /> MOTION, passed <br /> Mr. Vanyo moved and Mrs. Scherling seconded to adopt Resolution <br /> #2014-10, Authorizing the Intergovernmental Agreement between Fargo <br /> and Cass County Government. On roll call vote, the motion carried <br /> unanimously. <br /> RESOLUTION #2014-10 <br /> AUTHORIZING INTERGOVERNMENTAL AGREEMENT <br /> WHEREAS, pursuant to approval by the voters of Cass County, North Dakota, the Cass <br /> County Commission enacted Ordinance No. 2010-2, providing for the imposition of a one- <br /> half percent (1/2%) sales and use tax; and <br /> WHEREAS, pursuant to Ordinance No. 2010-2, the proceeds of the one-half percent (1/2%) <br /> sales and use tax may be used for the engineering, land purchase, construction, and <br /> maintenance of a Red River Diversion and other flood control measures or the payment of <br /> special assessments or debt incurred for a Red River Diversion and other flood control <br /> measures, as authorized by the Cass County Commission; and <br /> WHEREAS, pursuant to approval by the voters of the City of Fargo, North Dakota, the Fargo <br /> City Commission enacted Article 3-21 of the Fargo Municipal Code providing for the <br /> imposition of a one-half percent (1/2%) sales and use tax ; and <br /> WHEREAS, pursuant to Section 3-2110 of the Fargo Municipal Code, the City of Fargo has <br /> dedicated the proceeds of the one-half of one percent (1/2%) sales and use tax on all gross <br /> receipts of retailers from all retail sales, including the leasing or renting of tangible personal <br /> property, within the corporate limits of Fargo, to provide funding to reduce the risk to the City <br /> of Fargo of a 500 year flood event; and <br /> WHEREAS, the City of Fargo and Cass County have determined that by cooperating in the <br /> issuance of debt for the FM Diversion, the two entities can increase efficiencies with respect <br /> to the financing of the Project. <br /> NOW, THEREFORE, BE IT RESOLVED by the governing body of Cass County, North <br /> Dakota, as follows: The Cass County Commission hereby approves the Intergovernmental <br /> Agreement by and between Cass County, North Dakota, and the City of Fargo, North <br /> Dakota, and authorizes the Chairman of the Cass County Commission and County Auditor <br /> to execute said Intergovernmental Agreement. <br /> Dated this 21st day of July, 2014. <br />
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