1. Elm River snagging/clearing resolution

Founded in 1939 MANFRED R. OHNSTAD 1914-1987 DUANE R. BREITLING' WILLIAM J. BRUDVIK' JOHN P. DOSLAND' SUSAN L. ELLISON< THOMAS D. FIEBIGER" SEAN M. FREDRICKS' ROBERT G. HOY' JOHN A. JUELSON ROSS V. KELLER" MARSHALL W. McCULLOUGH, CPA MICHAEL D. NELSON< BRIAN D. NEUGEBAUER" ROBERT E. ROSENVOLD' SARA K. SORENSON< DANIEL R. TWICHELL S. LEE VINJE DAVID L. WANNER PEGGY J. BUCHHOLZ, PLS Office Administrator ~ Ohnstad Twichell, p.e. ATTORNEYS AT LAW Practice in all North Dakota and Minnesota courts Offices in West Fargo, Fargo, Hillsboro, Mayville, Page, Hope and Finley, North Dakota and Detroit Lakes, Minnesota www.ohnstadlaw.com . Also licensed in Minnesota RECEIVED AUG 9 2005 August 8, 2005 CASS COUNTY COMMISSION Ms. Joyce Schepp Cass County Commission 211 9th Street South P.O. Box 2806 Fargo, ND 58108-2806 Re: North Cass Water Resource District -- Elm River Snagging and Clearing Project No.1 Dear Ms. Schepp: Enclosed is a copy of the RESOLUTION OF NECESSITY TO CONSTRUCT AND MAINTAIN ELM RIVER SNAGGING AND CLEARING PROJECT NO.1 passed by the North Cass Water Resource District at its August 8 meeting. The County Commission will likely want to review this resolution when considering passage of its own resolution. Also enclosed is a revised RESOLUTION DECLARING IT NECESSARY TO CONSTRUCT THE ELM RIvER SNAGGING AND CLEARING PROJECT NO.1 for approval by the County Commission. As I mentioned at the Commission's August 1 meeting, the Commission will have to pass this resolution by a two- thirds vote at its September 5 meeting for this project to proceed. The North Cass Board set August 30 at 8 :00 a.m. for the public hearing at the Page City Auditorium. You may recall we initially discussed the possibility of holding the meeting at the Page Cafe. However, the Board decided the Auditorium would be able to accommodate more people. Further, the purpose of the early meeting time is to accommodate the farmers who are in this proposed district. I would appreciate it if you would circulate the time and place set for this hearing to the Commissioners. I would also appreciate it if you would remind the Commissioners that we need a quorum of both the Commission and of the North Cass Board present at the public hearing. SUGGESTED MOTION: Move to adopt Resolution #2005-15 Declaring it Necessary to Construct and Maintain Elm River Snagging and Clearing Project #1, as presented by the North Cass Water Resource District. IX ALERUS FINANCIAL BUILDING' 901 13TH AVENUE EAST' P.O. BOX 458 . WEST FARGO, NO 58078-0458 . (701) 282-3249 . FAX (701) 282-0825 o ALERUS FINANCIAL BUILDING '15 BROADWAY SUITE 500' P.O. BOX 2765' FARGO, NO 58108-2765' (701) 280-5801 . FAX (701) 280-5803