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CASS COUNTY COMMISSION POLICY MANUAL #1300.7200 <br />SUBJECT: COUNTY SALES TAX FOR FLOOD RISK REDUCTION AND RECOVERY PROJECTSRIGHT OF WAY ENCROACHMENT POLICY <br /> ADOPTED DATE: Amended 10/16/17 (Originally Adopted 08MM/02DD/YY10) PAGE 1 OF 23 <br /> PURPOSE <br /> The purpose of this pPolicy is to provide guidance for the administration and funding of projects with Cass County Flood Control Sales Tax funds. prohibit encroachments upon the right of way <br />for completed county highway projects funded through the Federal Aid Highway program, pursuant to 23 CFR Part 1.23, Rights of Way, and Part 710 Subpart D, Right of Way, Real Property Management. <br /> GENERAL PROVISIONS As passed during the 2010 election and extended in the 2016 election, the voters approved the following: The Cass County Home Rule Charter be amended to extend the existing flood-protection-related sales, use, and gross receipts tax of one-half of one percent (1/2%) to be used solely for the engineering, land purchase, construction, and maintenance of flood control measures including the Metro Flood Diversion Project including associated special assessments and indebtedness, through December 31, 2084, and shall be rescinded when all of the costs, obligations, and debt for said project have been paid in full and satisfied, whichever event occurs <br />first as provide in Resolution #2016-20. Cass County Commission Policy 38.23 outlines Ordinance #2010-2 Amended (Flood Control <br />Sales Tax) which serves as the ordinance for the establishment and regulation of the Cass County Flood Control Sales Tax. <br />This policy governs expenditures of funds from a one half percent County sales tax that started in 2011 and will end in 2084 to fund flood risk reduction projects. The primary purpose of the sales tax measure is to fund local costs associated with a planned Fargo Moorhead Area Flood Diversion project in either Minnesota or North Dakota. The planned diversion project will not address all flood damage risks in Cass County. Additional measures are necessary to reduce risk to areas within and outside of the diversion perimeter. Sales tax proceeds may also be expended for the Diversion and other flood risk reduction or recovery projects subject to funding availability and approval by the County Commission. The County sales tax proceeds should be used to leverage other sources of funding when possible. County sales tax funds expended within incorporated cities: The County Commission through the Flood Sales Tax Committee may consider requests for flood risk reduction and recovery funding from cities within Cass County. The city will be responsible for planning and engineering costs associated with the project. Plans and specifications should be prepared by a <br />professional engineer registered within the State of North Dakota. Projects won’t be considered if they are strictly for new city development, especially cases where a developer would be shifting their cost to the County Flood Sales Tax. The city should also be able to demonstrate <br />that other revenue sources for the project have been actively sought out. The preferred funding split is that City funds match the County sales tax proceeds on a 1:1 basis. Other funding splits may be considered by the Commission on a case by case basis to allow consideration to be <br />given to unique circumstances and the ability of the City to pay 50% of the local cost share.