Richland-sargent Drain No. 1 Phase III Improvement Project

Richland-Sargent Joint Water Resource District (the "Joint WRD") is a joint water resource district and separate political subdivision under Title 61 of the North Dakota Century Code, comprised of members of the Richland County Water Resource District and the Sargent County Water Resource District. WHEREAS, the Joint WRD owns, operates, and manages Richland-Sargent Drain No. 1 ("Drain 1"), a legal assessment drain under North Dakota law. WHEREAS, the Joint WRD administers an assessment district comprised of properties that benefit from Drain 1 (the "Drain 1 Assessment District"); the Joint WRD assesses an annual levy against the Drain 1 Assessment District to pay for and finance the costs of operating, maintaining, reconstructing, and improving Drain 1 for the benefit of the properties within the Drain 1 Assessment District. WHEREAS, the Joint WRD has concluded certain improvements are necessary to Drain 1, including channel and culvert improvements, to provide enhanced control over the Drain 1 watershed, and to provide more effective and efficient drainage for the benefit of the properties within the Drain 1 Assessment District. WHEREAS, the Joint WRD refers to the proposed improvements to Drain 1 as Richland-Sargent Drain No. 1 Phase III Improvement Project, as described below (the "Project"). WHEREAS, the following is a more detailed description of the Project: The Project will consist of reconstruction and improvement of approximately 4.5 channel miles of Richland-Sargent Drain No. 1, east of Cayuga, North Dakota, in Sections 28, 33, 34, and 35 of Kingston Township. The Project will include channel and side slope improvements, culvert replacements, and road crossing improvements. The Project will begin on the west boundary of the Northwest Quarter of Section 28 of Kingston Township, on the east side of 146th Avenue SE, approximately 2.5 miles southeast of Cayuga; the Project will continue southeast for approximately 1.5 channel miles, across a portion of the Northwest Quarter and the South Half of Section 28, and will include crossing improvements at the intersection with 95th Street SE; the Project will continue southeast across a portion of the Northeast Quarter of Section 33 for approximately 0.3 channel miles, and will include crossing improvements at the intersection with 147th Avenue SE; the Project will then continue southeast across the Northwest Quarter and the South Half of Section 34 for approximately 1.7 channel miles, and will include crossing improvements at the intersection with 146th Avenue SE; the Project will continue east for 1 mile across the South Half of Section 35 and will conclude at the southeast corner of Section 35, at the intersection with County Road 14. 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 field drainage; installation of riprap erosion control; roadway crossing improvements to township roads; 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 Drain 1 Assessment District. WHEREAS, the Joint WRD has concluded the Project will provide more effective and efficient drainage through Drain 1; increased drainage capacity through Drain 1; enhanced control over the Drain 1 watershed area; enhanced breakout protection for adjacent properties; improved drainage for the benefit of the Drain 1 watershed; and more effective and efficient operation and maintenance of Drain 1. 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 Drain 1 Assessment District to finance and fund the Project. NOW THEREFORE, BE IT RESOLVED that the Joint WRD 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 1. BE IT FURTHER RESOLVED that the Joint WRD finds, determines, and declares the Project will benefit the properties and property owners within the Drain 1 Assessment District, and that the benefits to each parcel will exceed the amount of the annual levy to each property within the Drain 1 Assessment District. BE IT FURTHER RESOLVED that the Joint WRD finds, determines, and declares the Project will provide more effective and efficient drainage through Drain 1; increased capacity through Drain 1; enhanced control over the Drain 1 watershed area; enhanced breakout protection for adjacent properties; improved drainage for the benefit of the Drain 1 assessment district; and more effective and efficient operation and maintenance of Drain 1. BE IT FURTHER RESOLVED that the Joint WRD designates and authorizes Moore Engineering, Inc., and Ohnstad Twichell, P.C., respectively, to perform the following tasks on behalf of the Joint WRD 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 Joint WRD 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 Joint WRD 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 Joint WRD'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 Department of Water Resources; 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 Joint WRD 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 Joint WRD will not obligate the Drain 1 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. The method of Contractor Selection has not been Determined at this time

Division 31 -	Earthwork, Earthwork Methods.
Division 32 -	Exterior Improvements, Operation and Maintenance of Exterior Improvements, Bases, Ballasts, and Paving, Flexible Paving, Asphalt Paving, Rigid Paving, Concrete Paving, Curbs, Gutters, Sidewalks, and Driveways.
Division 33 -	Utilities, Instrumentation and Control for Utilities, Water Utilities, Water Utility Distribution Piping, Water Utility Distribution Equipment, Disinfecting of Water Utility Distribution, Water Utility Storage Tanks.
Division 34 -	Transportation, Operation and Maintenance of Transportation.