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<br />Founded in 1939 <br /> <br />MANFRED R. OHNSTAD 1914-1987 <br /> <br />DUANE R. BREITLING' <br />WILLIAM J. BRUDVIK' <br />JOHN P. DOSLAND' <br />SUSAN L ELLISON' <br />THOMAS D. FIEBIGER' <br />SEAN M. FREDRICKS' <br />ROBERT G. HOY' <br />JOHN A. JUELSON <br />ROSS V KELLER' <br />MARSHALL W. McCULLOUGH, CPA <br />MICHAEL D. NELSON" <br />BRIAN D. NEUGEBAUER' <br />ROBERT E. ROSENVOLD' <br />SARA K. SORENSON' <br />DANIEL R. TWICHELL <br />S LEE VINJE <br />DAVID L WANNER <br /> <br />PEGGY J. BUCHHOLZ. PLS <br />OHice Administrator <br /> <br />~ <br /> <br />Ohnstad Twichell, p.e. <br />ATTORNEYS AT LAW <br /> <br />Practice in .U North Dakota <br />and Minnesota courts <br /> <br />Offices in West Fargo, Fargo, Hillsboro, Mayville, Page, Hope and Finley, North Dakota <br />and Detroit Lakes, Minnesota <br />www.ohnstadlaw.com <br /> <br />. Also licensed in Minnesota <br /> <br />July 14,2005 <br /> <br />Mr. Birch p, Burdick <br />Cass County States Attorney <br />P.O. Box 2806 <br />Fargo, ND 58108-2806 <br /> <br />cto)flf <br /> <br />Re: North Cass Water Resource District -- Snagging and Clearing <br /> <br />Dear Mr. Burdick: <br /> <br />As you are probably aware, this law firm represents the Water Resource Districts in Cass County. <br />The North Cass Water Resource District, in response to requests from landowners in the Page area, <br />is in the planning stage for a snagging and clearing project along the Elm River. I am writing simply <br />to inform you ofthe North Cass Board's intentions, and of the statutory requirement that the Cass <br />County Commission be involved in this process as well. <br /> <br />Under N.D, Cent. Code g 61-16,1-09,1, the North Cass Board has the power to assess benefited <br />properties for a snagging and clearing project at $,50 per acre annually without a public vote if the <br />assessment is for a project costing less than $100,000. This process requires cooperation between <br />the North Cass Board and the Cass County Commission. As you will note, under 9 61-16,1-09.1, <br />the snagging and clearing process requires approval by two-thirds of the North Cass Board and by <br />two-thirds of the Cass County Commission. Prior to the vote, a quorum of the North Cass Board <br />and a quorum of the Cass County Commission must attend a public hearing to discuss the project. <br />Commissioner Pawluck, who holds the Water Resource District portfolio on the Commission, is <br />aware of the proposed project and has a grasp on the process, <br /> <br />The Board has already requested that this project be placed on the Cass County Commission's <br />agenda for its August 1 meeting, Michael Buringrud, Chairman of the North Cass Water Board, and <br />Water Manager Robert Thompson both plan to attend that meeting, and I will attend as well. We <br />simply wish to explain the proposed project, and to explain the County Commission's role in this <br />process. At that meeting, we hope to arrive at a mutually agreeable date when a quorum for both <br />Boards can attend the public hearing, hopefully in the Cass County Commission Chambers, Ideally, <br />the public meeting would be in late August so the Board has time to complete its statutory process, <br />and has time to submit these assessments to the County by October. <br /> <br />r:X ALERUS FINANCIAL BUILDING. 901 13TH AVENUE EAST. P.O. BOX 458 . WEST FARGO, ND 58078-0458. (701) 282-3249 . FAX (701) 282..{)825 <br />::J ALERUS FINANCIAL BUILDING .15 BROADWAY SUITE 500. P.O. BOX 2765. FARGO, ND 58108-2765. (701) 280-5801. FAX (701) 280-5803 <br />