2. Street Improvement District #2007-1

RECEiVEO SEP 4 20011 MEMORANDUM CA&S COUNTY COMMI8SIQN TO: Cass County Commissioners FROM: John T. Shockley, Bond Counsel for Street Improvement District No. 2007-1 DATE: September 4, 2007 SUBJECT: Street Improvement District 2007-1 - Special Assessments I. BACKGROUND This summer, the Cass County Engineer was approached by a group of residents from the Granbergs and Amber Plains Subdivisions with a request that the County set up a special assessment district to pave the streets within the subdivisions. Subsequently, Street Improvement District No. 2007-1 was created to pave the streets in the Granbergs and Amber Plains Subdivisions. The project has been bid and a contract awarded. The resolution currently before the County Commission directs the Cass County Special Assessment Commission to meet and levy special assessments for this project. II. LEGAL BACKGROUND N.D.C.C. ~ 11-11-55.1 grants North Dakota counties the authority to make improvements and to levy special assessments for those improvements. Pursuant to Section 11-11-55.1 the County must comply with Chapter 40-23 of the North Dakota Century Code when levying special assessments for improvements. N.D.C.C. ~ 40-23-05 provides that after the contract and bond for any work which is to be specially assessed has been let, the Commission may notify the Special Assessment Commission of the estimated costs of such improvements and direct the Special Assessment Commission to levy special assessments for the costs of the improvement. N.D.C.C. ~ 40-23-05 also provides that the Auditor shall notify the Special Assessment Commission of the Commission's action and certify the estimated costs of the improvements. III. DOCUMENTS INCLUDED WITH THIS MEMORANDUM I have included a Resolution Directing Assessments to be Levied and a Notice and Certification to be signed by the Cass County Auditor. (Please provide me copies of these documents after they have been completed, and retain the original for the County's files. )