1. Elm River snagging/clearing resolution

Mr. Birch P. Burdick August 31, 2005 Page 2 I also wanted to let you know that Commissioner Wagner raised a question at the August 30 meeting regarding section 61-16.1-09.1(c). As you know, the project costs for any project under this statute must be under $100,000. Section 61-16.1-09.1(c) provides: c. All revenue from an assessment under this section must be exhausted before a subsequent assessment covering any portion of lands subject to a prior assessment may be levied. The issue is whether or not the Board and the Commission could create a new snagging and clearing district to complete the work immediately after the $100,000 is exhausted, or if all the assessments must first be paid. As you know, this statute has been amended in each legislative session since its inception. Further, the Supreme Court issued an opinion regarding this statute in June of this year. With that in mind, my reaction to Commissioner Wagner's question was decidedly conservative. I suggested the Board would have to wait until all ofthe assessments were paid before creating a new district to complete the project. Both Commissioner Wagner and Commissioner Pawluk raised the possibility of the Cass County Commission requesting an Attorney General opinion regarding this issue. For what it is worth, I certainly have no problem with that course of action, and I only provide this information to you for your benefit. Please let me know if you have any questions regarding the project or this process. Thank you for your continued cooperation. Sincerely, OHNSTAD TWICHELL, P.c. 7~ M. ~~ Sean M. Fredricks SMF:dms cc: Ms. Joyce Sche~ Ms. Carol Harbeke Lewis F' I WaterlNCasslGENERAL \Ltrslburdick 08-30-05. wpd OHNSTAD TWICHELL, P.C.