THOMPSON DRAINAGE IMPROVEMENT DISTRICT NO.

Published October 29, 2019 at 2:01 AM

THOMPSON DRAINAGE
IMPROVEMENT DISTRICT
NO. 72 PROJECT
NOTICE OF HEARING
The Grand Forks-Traill Joint Water Resource District (the "District") previously declared the necessity to develop and construct the THOMPSON DRAINAGE IMPROVEMENT DISTRICT NO. 72 PROJECT (the "Project"), and to proceed with creation of THOMPSON DRAINAGE IMPROVEMENT DISTRICT NO. 72, an assessment district under Chapter 61-16.1 of the North Dakota Century Code, for purposes of financing and funding the design, construction, ownership, operation, and maintenance of the Project. The following is a more detailed description of the Project:
The Project will be located within Sections 2, 11, 14, and 23 of Garfield Township in Traill County, and Sections 26, 35 and 36 of Washington Township in Grand Forks County. The Project will consist of approximately five miles of newly constructed legal drain and will include the installation of six new or improved culvert crossings. The Project will commence at the tributary of the Goose River in Section 23 of Garfield Township and will continue north for approximately three miles; the Project will cross into Section 36 of Washington Township where the Project will turn west and continue for approximately 2,750 feet into Section 35 of Washington Township; from there, the Project will run north for approximately one mile, and will cross into Section 26 of Washington Township where the project will end. The Project will include a legal lateral in Section 36 of Washington Township. The lateral will begin where the main channel of the legal drain enters Section 36 on the north side of County Road 25 and will go east for approximately 1,000 feet. The Project will include topographic surveys; hydrologic and hydraulic analysis; 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 county and township roads; purchasing of permanent and temporary right of way to accommodate the Project; utility relocations; and other items as necessary to accommodate the construction, operation, maintenance, and ownership of the Project. The Project will ultimately improve drainage for properties within the Project watershed.
The District has determined the benefits of the Project to each lot, piece, or parcel of land within the proposed assessment district, and has prepared a preliminary assessment list regarding special assessments to finance and fund construction of the Project. Creation of the THOMPSON DRAINAGE IMPROVEMENT DISTRICT NO. 72 assessment district to finance and fund construction of the Project will require an affirmative vote of the proposed assessment district. The proposed assessment district includes all property that will benefit from the Project. The owners of property that will benefit from the Project may vote on whether or not they support the creation of the THOMPSON DRAINAGE IMPROVEMENT DISTRICT NO. 72 assessment district to finance and fund the Project. If the assessment district vote is successful, the District will issue bonds to finance and fund the construction of the Project, payable over 15 or 20 years, whichever offers more favorable interest rates. With that in mind, owners of benefited property could either pre-pay their total assessment at any time, or they could pay their assessments over the 15 or 20 year repayment period.
In addition to owners of property that will benefit from the Project, landowners from whom the District must acquire right of way to accommodate the Project may also vote on whether or not they support the creation of the assessment district to finance and fund the Project. The District must acquire right of way to build and maintain the Project; while these landowners have the right to vote regarding the proposed creation of the THOMPSON DRAINAGE IMPROVEMENT DISTRICT NO. 72 assessment district, if the assessment district vote is successful, those properties will not be subject to special assessments. The weight of these 'right of way' votes is based on the acreage of right of way the District must acquire for the Project and those acres' "assessed valuation" according to County tax records. Recognize "assessed valuation" is not based on actual fair market values in a land sale scenario.
In addition to assessments for the costs of constructing the Project, the District will also levy an annual maintenance levy in accordance with N.D. Cent. Code § 61-16.1-45 to finance and fund operation and maintenance of the Project. The District assesses the annual maintenance levy based on need, anywhere from no levy at all in a given year up to a maximum of $4.00 per acre. For your information, under Section 61-16.1-45, the District cannot assess more than $4.00 per acre for agricultural properties as a maintenance levy in any given year. As further protection for landowners, the District cannot utilize Project maintenance levy dollars for any other purpose or any other project, and cannot collect more than the equivalent of six years of maximum levies without utilizing at least a portion of the funds for operation and maintenance of the Project. In other words, the District will only assess maintenance levies based on need; by law, the District cannot simply assess maintenance levies continuously without using those dollars for operation and maintenance of the Project, and the District cannot utilize maintenance levy dollars for any other project or for any other expense of the District.
The estimated costs of the project are as follows:
Total Construction $1,033,750.00
Preliminary Engineering $30,000.00
Engineering $187,000.00
Contingencies $207,500.00
Legal & Administration $37,000.00
Benefit Cost Analysis $15,000.00
Wetlands $60,000.00
Right-of-Way $328,750.00
Permitting $5,000.00
Easements & Monumenting $20,000.00
Utility Relocations $100,000.00
Fiscal $5,000.00
Total Estimated Project Cost
$2,029,000.00
Less Estimated ND SWC Funding
$688,000.00
Less Estimated Traill County Funding $113,000.00
Estimated Project Cost to Assess $1,228,000.00

The District will conduct a public hearing regarding the proposed creation of an assessment district to finance and fund the design and construction of the Project on November 26, 2019, at 9:00 a.m., at the offices of the Grand Forks-Traill Joint Water Resource District, 102 - 1st Street SW, Hillsboro, North Dakota. All landowners within the proposed THOMPSON DRAINAGE IMPROVEMENT DISTRICT NO. 72 assessment district and other affected landowners will have 30 days after the date of the hearing to file written votes in favor of or in opposition to the creation of the THOMPSON DRAINAGE IMPROVEMENT DISTRICT NO. 72 assessment district. Landowners must file their votes within 30 days of the hearing by returning them to the Grand Forks-Traill Joint Water Resource District, P.O. Box 10, 102 - 1st Street SW, Hillsboro, ND 58045-0010. Prior to the hearing, the District will file a copy of the preliminary assessment list with the Grand Forks and Traill County Auditors; the list will show the percentage assessments against each tract of land that will benefit from the proposed Project and the approximate assessments for benefiting properties.
Please note that each landowner's vote will help determine whether or not the District should proceed with construction of the Project, and whether or not the District should create an assessment district to finance and fund the THOMPSON DRAINAGE IMPROVEMENT DISTRICT NO. 72 PROJECT. If the vote is successful, the District will hold a separate hearing in accordance with North Dakota law at a later date at which property owners will have the opportunity to discuss the proposed assessments. At that assessment hearing, the District may revise the proposed assessment list, if the District concludes revisions are necessary and appropriate. However, the District will only conduct an assessment hearing if the assessment vote is successful; as required by statute, the meeting described in this NOTICE is an initial hearing, solely to discuss the Project and the potential creation of the THOMPSON DRAINAGE IMPROVEMENT DISTRICT NO. 72 assessment district, and not to discuss assessments.
Dated this 29th day of October, 2019.
GRAND FORKS-TRAILL JOINT
WATER RESOURCE DISTRICT
Jason Siegert
Rich Axvig
Gary Thompson
Tom Perdue
Andy Neset
Bob Drees
(October 29, November 5, 2019)