12-13-2012
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12-13-2012
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Ohnstad Twichell), the City of Fargo, the City of West Fargo, and Cass County as needed to prepare for DPAC meetings. • CCJWRD will direct their staff engineer, Moore Engineering, to <br />attend DPAC meetings and to advise CCJWRD throughout the assessment district process. • CCJWRD and the DPAC will rely upon and coordinate the technical details of the Project with the <br />US Army Corps of Engineers (USACE) and other consultants providing work-in-kind for the Project. • CCJWRD will direct their staff attorney, Ohnstad Twichell, to represent CCJWRD and <br />to conduct necessary legal work regarding the assessment district process, in accordance with the water resource district assessment process under North Dakota law. The CCJWRD staff <br />attorney will work with the legal team representing the Flood Diversion Authority. • CCJWRD will direct their office staff to support DPAC meetings as needed, including meeting preparation, <br />preparation of requisite legal notices, and minute preparation and distribution. CCJWRD office staff will also provide meeting invitations to DPAC members, and meeting notices to other <br />interested local entities, including the cities of Horace and Harwood, and to other interested local entities upon request. • CCJWRD will participate as a member of DPAC. • CCJWRD will <br />provide final approval of Preliminary Assessment List and Final Assessment List. • CCJWRD will conduct the WRD assessment process for an assessment district vote, and conduct the bond <br />sale for financing a portion of the North Dakota local cost share of the FM Area Diversion Project after approval by the DPAC, the Flood Diversion Authority Finance Committee, and the <br />Flood Diversion Authority Board. <br />DIVERSION AUTHORITY FINANCE COMMITTEE Tasks: • The Finance Committee will determine the date to commence DPAC meetings, with the understanding the assessment process will likely take <br />at least 8 months before vote and 11 months before bond sale. • The Finance Committee will recommend the size and timing of bond sale to the Flood Diversion Authority Board for decision. <br />• The Finance Committee will coordinate with Program Management and Financial Management consultants to determine bond sale alternatives. • The Finance Committee will recommend the total <br />amount of benefits to be assessed to the Flood Diversion Authority Board for decision (example could be $450 million or all of estimated ND local costs). • The Finance Committee will <br />recommend an amount of sales tax revenue to pledge to bond payments to the Flood Diversion Authority Board, City of Fargo, and Cass County for decision. DIVERSION PROJECT ASSESSMENT <br />COMMITTEE (DPAC) Tasks and Description: • The DPAC would consist of 11 members, comprised of 5 CCJWRD board members, 2 members appointed by the city of West Fargo, 2 members appointed <br />by the city of Fargo, and 2 members appointed by Cass County. • A quorum of DPAC would require 3 CCJWRD members, and 6 DPAC members total. • Meetings would require legal notice as CCJWRD <br />meetings because a quorum of CCJWRD members would be present, and may also require legal notice as Diversion Authority meetings. CCJWRD office staff will prepare, file, and circulate <br />notices as required by North Dakota’s open meetings laws. • Consensus will be sought for decisions by the DPAC. In the event of a roll call vote, a super majority (two thirds) of the <br />members attending and majority of the CCJWRD members attending will be required. • Develop assessment methodology. • Conduct public informational meetings. • Recommend approval of the <br />Preliminary Assessment List to the Finance Committee, the Diversion Authority Board, and the CCJWRD Board. • Recommend approval of Final Assessment List to the Finance Committee, the <br />Diversion Authority Authority Board, and the CCJWRD Board. <br />Item 5d. (4) <br />Item 6.
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