Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Finance topic
No spam. Unsubscribe anytime.
Nelson Drain No. 28 improvement: project cost $367,346; board clears legal path to fund with maintenance levy
Summary
The board reviewed an engineer estimate of $367,346.18 for the Nelson Drain No. 28 improvement project, approved a funding plan concluding the district may use maintenance-levy funds and outside cost-share from Riverview ND, LLP; estimated local share $146,938.47 and district cap $230,000, below the six-year maximum of $231,110.58.
The Traill County Water Resource District discussed a proposed Nelson Drain No. 28 improvement project and approved a funding and financing plan on Aug. 4 that concluded the district may use Drain 28 annual "maintenance levy" funds under N.D.C.C. § 61-16.1-45 for the local share of costs. Attorney Sean Fredricks summarized the legal analysis citing a 2020 N.D. Attorney General opinion (N.D.A.G. 2020-L-04) and a 2023 amendment to Chapter 61-16.1 that defines "cleaning out and repairing a drain."
The engineer’s estimate attached as Exhibit A lists a total project cost of $367,346.18. Under the draft agreement with Riverview ND, LLP, Riverview would cover 60% of construction costs and reimburse the township for road work; the district’s share is estimated at $146,938.47 (40%) and the district’s obligation is contractually capped at $230,000. The minutes state the six-year maximum under Section 61-16.1-45 for Drain 28 is $231,110.58, so the district’s capped obligation falls below that threshold and the board determined no assessment vote is required under the North Dakota Supreme Court’s reasoning in Sargent County Water Resource District v. Beck, 999 N.W.2d 175 (N.D. 2023).
