SOUTHEAST CASS WATER RESOURCE DISTRICT R

SOUTHEAST CASS WATER RESOURCE DISTRICT RESOLUTION AUTHORIZING CASS COUNTY DRAIN NO. 27 IMPROVEMENT PROJECT NO. 2023-01 WHEREAS, the Southeast Cass Water Resource District (the “District”) is a North Dakota water resource district and political subdivision under Title 61 of the North Dakota Century Code. WHEREAS, the District owns, operates, and manages CASS COUNTY DRAIN NO. 27 (“Drain 27”), a legal assessment drain under North Dakota law. WHEREAS, in accordance with North Dakota law, the District previously consolidated Drains 27 and 53 into a single consolidated drainage system, and similarly consolidated their corresponding assessment districts into a single assessment district, known as CASS COUNTY DRAIN SC-2 DISTRICT. WHEREAS, the CASS COUNTY DRAIN SC-2 DISTRICT comprises properties that benefit from Drain 27 and Drain 53 (the “Assessment District”); the District assesses an annual levy against the Assessment District to pay for and finance the costs of operating, maintaining, reconstructing, and improving Drain 27 and Drain 53 for the benefit of the properties within the Assessment District. WHEREAS, the District has concluded certain improvements are necessary to Drain 27, including channel and culvert improvements, to provide enhanced control over the Drain 27 watershed, and to provide more effective and efficient drainage for the benefit of the properties within the Assessment District. WHEREAS, portions of Drain 27 are located within the municipal boundaries of both the City of Fargo and the City of Horace (the “Cities”), and Drain 27 provides drainage benefits for the Cities, infrastructure and property owned by the Cities, private property within the Cities, and residents of the Cities. WHEREAS, as a result of increased urbanization and increased runoff within the Drain 27 watershed, the hydraulic capacity of Drain 27 is no longer sufficient to accommodate drainage from the Drain 27 watershed. WHEREAS, the District has concluded drainage improvements are necessary to Drain 27 from 64th Avenue South to 100th Avenue South/Cass County Highway 14, to provide increased drainage depth and capacity, enhanced control over the Drain 27 watershed, and more effective and efficient drainage for the benefit of the Cities and properties within the Drain 27 watershed. WHEREAS, the District refers to the proposed improvements to Drain 27 as CASS COUNTY DRAIN NO. 27 IMPROVEMENT PROJECT NO. 2023-01 (the “Project”). WHEREAS, the following is a more detailed description of the Project: The Project will consist of reconstruction and improvements to approximately three miles of Drain 27 in Sections 8, 17, and 20 of Stanley Township. The Project will include channel improvements, sideslope improvements, culvert replacements, and road crossing improvements. The Project will begin at 64th Avenue South, and will continue south for three miles, and will include crossing improvements at the intersections of 64th Avenue South and 88th Avenue South. The Project will include topographic surveys, hydrologic and hydraulic analyses, culvert crossing and channel design; installation of intercept drainage culverts with flap gates for adjacent drainage; installation of riprap erosion control; roadway crossing improvements; purchasing of permanent and temporary right of way; utility relocations; and other miscellaneous items as necessary. WHEREAS, the Project will not require the addition of any new properties to the existing Assessment District. WHEREAS, the District has concluded the Project will provide more effective and efficient drainage through Drain 27; increased drainage capacity through Drain 27; enhanced control over the Drain 27 watershed area; enhanced breakout protection for adjacent properties; improved drainage for the benefit of the Drain 27 watershed, including the Cities; and more effective and efficient operation and maintenance of Drain 27. WHEREAS, additional assessments will not be necessary to construct the Project; rather, in accordance with Sections 61-21-46 and 61-16.1-45 of the North Dakota Century Code, the District will utilize funds generated via annual levies of the Assessment District to finance and fund the Project. NOW THEREFORE, BE IT RESOLVED that the District finds, determines, and declares the necessity to develop plans and specifications regarding the design for the Project; to acquire right of way as necessary to accommodate the Project; and to ultimately construct, operate, manage, and maintain the Project and Drain 27. BE IT FURTHER RESOLVED that the District finds, determines, and declares the Project will benefit the properties and property owners within the Assessment District. BE IT FURTHER RESOLVED that the District finds, determines, and declares the Project will provide more effective and efficient drainage through Drain 27; increased capacity through Drain 27; enhanced control over the Drain 27 watershed area; enhanced breakout protection for adjacent properties; improved drainage for the benefit of the Assessment District; and more effective and efficient operation and maintenance of Drain 27. BE IT FURTHER RESOLVED that the District designates and authorizes Moore Engineering, Inc., and Ohnstad Twichell, P.C., respectively, to perform the following tasks on behalf of the District regarding the construction, financing, operation, management, ownership, and maintenance of the Project: a) conduct surveys as necessary for purposes of designing the Project and identifying the right of way necessary to accommodate the Project; b) prepare profiles, plans, and specifications for purposes of constructing the Project; c) prepare a report regarding any road crossing improvements necessary to accommodate the Project; d) identify the temporary and permanent right of way the District must acquire to accommodate the Project; e) procure appraisers to conduct real estate appraisals to identify just compensation for the temporary and permanent right of way the District must acquire to accommodate the Project; f) negotiate with landowners and otherwise administer right of way acquisition; g) acquire the requisite temporary and permanent right of way to accommodate the Project, in the District’s name and at the values set by the District; h) coordinate utility relocations as necessary to accommodate the Project; i) advertise for bids regarding construction of the Project, as required under North Dakota law; j) administer bidding and construction contract administration; k) cooperate with road authorities and otherwise administer road crossing improvements necessary to accommodate the Project; l) prepare a bond issue and otherwise secure financing regarding the Project; m) apply for and secure all necessary permits and approvals from all applicable federal and state entities, including the North Dakota State Engineer’s Office; n) apply for cost-share from any applicable federal, state, or local government entities, including the North Dakota State Water Commission; and o) otherwise perform all other tasks necessary to finance, fund, develop, design, construct, operate, manage, own, and maintain the Project. BE IT FURTHER RESOLVED that the District will utilize funds generated in accordance with Sections 61-21-46 and 61-16.1-45 to finance and fund the Project. BE IT FURTHER RESOLVED that the Project will not constitute construction of a “lateral drain” under North Dakota law. BE IT FURTHER RESOLVED that the District will not obligate the Assessment District beyond the four-dollar maximum annual levy threshold over a six-year period and, therefore, the Project does not require an excess levy vote, an additional assessment district vote, a landowner vote, or any other additional legal proceedings under North Dakota law. APPROVED: Keith Weston, Chair ATTEST: Carol Harbeke Lewis Secretary-Treasurer Date Approved: May 9, 2023 (May 17, 2023) 224255