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BCWRD Agenda December 8, 2015

BURLEIGH COUNTY WATER RESOURCE DISTRICT AGENDA Tuesday, December 8th, 2015 Tom Baker Meeting Room – City County Building 8 a.m. - Call to Order

1. Roll Call (Fleck, Weixel, Reep, Larson, Detwiller)

2. Approval of Minutes of (11/10/15 – board meeting) .......................................................................................................... 3-8

3. Approval of Minutes 11/10/15 Hogue Island auction meeting ........................................................................................ 9-11

4. McDowell Dam Low Level Drawdown – (Mike) Gate delivered - December 2nd or 3rd install Water Permit Application (Mike) – Date for final comments was July 8, 2015 (no update) Mr. Aberle Appraisal – on hold (Gordon, Greg, Dave & Michael) McDowell Property Appraisal - Pending Strategic Plan Update – On hold pending appraisal process (Gordon)

5. County Engineer Items

Missouri River Correctional Center Flood Control Project o Larson Easement and Alternative Levee Route – Under Review

Memorandum to Marcus Hall – Alternative Alignment ............................................................ 12-15 Landowners letter (FYI) ........................................................................................................... 16-17

o Survey/Design Update – MRCC contacts/Geotechnical Review

6. Comments from Members of the Public

7. Financial Reports End of November ............................................................................................................................................... 18-21 Updated budget including MRCC (Gordon) ................................................................................................. 22-23 Pledged Securities .............................................................................................................................................. 24-25 Funds received for Fox Island (put in Money Market) ........................................................................................... 26 Website (Gordon/Mona) on hold for now

8. Approval of Bills $66,931.11 ................................................................................................................................................. 27

9. Drainage Permits/Complaints/Issues

Spier/Leuwer/UTTC – Follow up with City on meeting & ordinance revisions (Pending)

10. Projects Hogue Island (FM #39)

o Lot surveys ............................................................................................................................................. 28-31 o Bid sheets on lots ................................................................................................................................... 32-53 o Final winning bid ........................................................................................................................................ 54 o Easement Dedication and Deed Restriction ........................................................................................... 55-57 o Update on sale of lots – Purchase Agreements, etc.…. (Dave)

Burnt Creek Flood Control Project (FM #7) o Gate is being delivered for December install (Dennis/Mike) o Bonding approved for 20 years – Notice to Bond Counsel – (Dave/Michael) ....................................... 58-62 o SWC Cost Share Reimbursement request following gate installation

Hay Creek Pebble Creek Arizona Slide– update (Gordon, Michael) Landowner funds received SWC Cost Share – mailed – informational only .................................................................................... 63-67 Initial Site Survey completed, evaluation remains to be completed signed)

Fox Island Status – SWC Request for legislative funds (Greg) Special Assessment District - Baseline spreadsheet completed

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BCWRD Agenda December 8, 2015

11. Storm Water Management

12. Break

Other Old Business

Policy Manual – Preliminary Draft Update (Michael, Dave, Mona) (Pending) Signed - Missouri River Setback Resolution -Burleigh County (Planning Commission November 18th) (Rick) ....... 68 Signed copy - Missouri River Setback Resolution - City of Bismarck Planning Commission (Pending) .................. 69 Missouri River Flood Plain Ordinance Resolution – City of Bismarck Planning Commission (Pending)

13. New Business

BCWRD Flood Plain Ordinance Position Statement & Resolution (Michael) Resolution of Appreciation for Chairman Terry Fleck ......................................................................................... 70

14. Correspondence or Document Information

SWC – New form developed by the Office of the State Engineer ......................................................................... 71-73 Notice of Application on Petition for Appropriation of Water – JMAC ..................................................................... 74 Plats & SWMP – Emailed – will be brought to meeting due to size of some (Comments on Plats)

o Sandy River Place Subdivision SWMP o Sandy River Place Subdivision – Resubmitted City Plat o Stur-D Products SWMP o University of Mary Field House – SWMP o Benedictine First Subdivision – Plat o High Meadows 13th Addition o Airport Road 3rd Addition

15. Detailed Bills ........................................................................................................................................................................... 75

16. Next Meeting: Tuesday, January 12th, 2016

17. Adjourn

Note: Bold Items Require Board Action

BCWRD Meeting Minutes November 10, 2015 - City County Building

Draft - not approved yet I Agenda Items I Discussion I Board Action I Responsible Party I Due Date

Present: Terry Fleck, Greg Larson, Dennis Reep, Rick Detwiller, Michael Gunsch, Houston Engineering, Inc.; Dave Bliss, Bliss Law Firm; and Mona Livdahl, Personalized Management Services, Inc.

Others Present: Marcus Hall, Burleigh County Engineer; Ray Ziegler, Burleigh County Building/Planning/Zoning; Karen Hogue and Greg Smith, Bismarck Parks and Rec.

Call to order: Chairman Fleck called the meeting to order at 8 a.m. noting a quorum was present. 10/13/15 Minutes Rick moved to approve the 10/13/15 minntes,

Grel! seconded, Motion Carried. McDowell Dam Low Level drawdown The gate is ordered, shot drawings

reviewed and installation will begin this fall.

Water Permit Michael sent Dan Ferrell an email Application but has not heard back from him. Billie's Meadows: Michael met with Mr. Jerod Obering.

There is a section in the right of way that is on his property. Michael noted that as the plat comes forward it will not have an impact on this board.

Appraisal Reviewed the buffer zone purchase Gordon moved to have an appraisal done on and appraisal. There currently is a the SE corner noting it is in accordance with parcel of property on the South side the strategic plan. Greg seconded. Michael of the McDowell Dam property that noted Wade Bachmeier did the appraisal on the is being used for Agriculture at this current and asked ifhe could do this one if there time. We may want to appraise that is no conflict of interest. Gordon amended his parcel at this time also. motion to include Mr. Bachmeier, Greg

seconded. Motion carried.

iN

N/A

Gordon, Michael

Gordon, Michael & Dave

Gordon/Michael/Greg

N/A

2015

BCWRD Meeting November 10.2015

Page I of5

[ Agenda Items I Discussion I Board Action [ Responsible Party I Due Date

Revenue We received $13,000 in boat rental revenue. Noted the investment on the boats are paying off.

Misc Erosion Gordon discussed the erosion going on at the rental docks. Noted it is about a 100 foot area. Michael drafted a letter to the COE regarding permits.

Breach of McDowell Discussion was held on the need for Dam an overlay district noting

consideration should be made to restrict residential development.

Countv Engineer Items: Legislative Water Greg presented to the committee. A Committee full history with bullet points was

presented. A request was made and the BCWRD received the monies.

Easement and Michael noted the Larson's are Alternative Routes asking for compensation on their

easement. Based on the benefits provided, we generally don't provide financial compensation. Discussed the alternative route.

SA25 Signed copy - informational only. Comments from No one present. members of the public: Financial Report End of October financial report was

reviewed. MRCC Monies Discussed how the monies should be

withdrawn for bills received.

Dave Robinson will do the work once all the permits are secured.

Discussed sharing the breach zone with the Planning Department as well as visiting with Mary Senger to update this.

Easements are being obtained. Will put our for bids in 2016 as well as have work done in 2016.

Greg moved to look at all options and moved to approve reviewing alternative routes. Dennis seconded. Greg also noted that he is not related although they share the same last name, so no conflict of interest arises. Marcus Hall was present and asked about the 12 parcels that will be removed. Discussed notifYing the residents about the alternative route. Michael will draft the letter to the landowners and will share with Gre" and Rick. Motion Carried.

Consensus to take the monies out when the bills are presented. List MRCC bills separately for approval.

Michael, Gordon, Dave R.

Michael, Gordon

Michael/Greg

Michael, Rick, Greg

Mona/Gordon

December

December

IlCWRD Minutes October 13th. 2015

Page 2 of5

[Agenda Items I Discussion I Board Action I Responsible Party I Due Date

Update Budget We will need to update our budget to include the MRCC monies.

State Bonding Fund: Dave reviewed noting the bond is established with liability limits and the board needs to approve each year based on what it makes in revenue.

Approval of Bills: Gordon reviewed the bills in the amount of $64,463.60.

Drainage Complaints James Leuwer Noted continuing discussions with Eldin Spier/UTTC the city are necessary and we wi II

leave this on the agenda. Pro.iects: Hogue Island

Process on Sale of The auction will be held today at lots. noon. We will allow the top 5

bidders to increase their bids.

Burnt Creek Update: The gates have been ordered. Weisz

and Sons will do the install. Bonding and Fund Michael reviewed noting discussions Reimbursements. have been held with Dougherty &

Sons. Revenues from the specials comes to $23,000. It was felt that a 20 year bond would be better.

Certification of A letter was sent to Kevin Glatt Specials certifying the special assessments.

Hay CreeklPebble Creek Cost Share letter The cost share letter was included in

the agenda. It was noted that the 3 landowners already paid their portion. We have a signed

Chairman Fleck noted Gordon shonld first touch base with Kevin and Clyde on this process. Gordon moved that we proceed with the process for bond fund. Greg seconded. Motion Carried.

Gordon moved to approve the bills. Dennis seconded. Motion Carried.

Michael will get Mel Bullinger, Marcus Hall and others involved in on this issue.

Dennis moved to approve the 20 year bond. Rick seconded. A roll call vote was taken. Motion carried unanimously.

No action needed.

Gordon moved to approve signing the SWC Cost Share letter. Greg seconded. Motion Carried.

Gordon

Mona/Dave

Michael. Dennis

Michael/Dennis

Michael/Dennis

Michael

Michael, Gordon

December

11110/15

BCWRD Minutes October 13th. 2015

Page 3 of5

[ Agenda Items I Discnssion I Board Action I Responsible Party lOne Date

reimbursement from Bismarck Parks and Rec and City of Bismarck.

Braun Intertech:

Fox Island Greg, Michael and Rep. Larson met with the Fox Island HOA as to where the dollars might be. Greg also met with the Burleigh County Commission and asked them to honor their commitment $920,000. Noted we won't need the money until 2017, the Burleigh County Commission approved the payment. On November 4th, Greg Larson did a presentation to the Interim Water Committee. We informed them that we are officially asking for 2.8 million from the SWc.

Ash & Ward Coulee Michael reviewed noting at this time it is a coordination process.

Old Business Policy Manual Michael noted that this is an ongoing

process. Missouri River This will be addressed at the Easement November 18'" meeting. Documentation and Mapping

New Business Missouri River Set Back Resolution

USGS Monitoring Noted this is the funding agreement Station for Apple Creek, payment is due at

the end of the calendar year. Flood Plain Ordinance Michael noted that at our last and Position Statement: meeting we were asked to put

Rick moved to approve Braun Intertech's proposal. Greg seconded. Motion Carried. Greg moved to request cost share from the State Water Commission, Rick seconded. A roll call vote was taken. Motion Carried unanimously. Michael will put together a Special Authorization for this project.

Dennis moved to approve the Burleigh County and City of Bismarck set back resolutiou, Rick seconded. Motion Carried. Dennis moved to approve the agreement, Greg seconded. A Roll call vote was taken. Motion Carried unanimously. Review and understand information prior to putting together a resolution.

Michael, Greg, Gordon

Dennis/Michael

Dave, Rick, Greg

December

November

November

December


Page 4 of5

I Agenda Items I Discussion I Board Action I Responsible Party I Due Date

together a resolution on the flood plain ordinances. This was done prior to the 2011 flood event, a lot of issues sent to the Mayor reflected a number of items that did happen. Michael asked that the current board members review and understand the background information that the BCWRD had made prior to putting together a resolution.

Next Meeting: Next meeting December 8" at 8 a.m.

Meeting adjourned at 9:34 a.m.

}}7' 11" ;f; /, d<c ict

Mona Livdahl, BCWRD Admin. Secretary

Mona


Page 5 of5

Burleigh County Water Resource District Members of the Public in Attendance

Date: No lJ . 10, .A 6 IS

PLEASE PRINT

NAME - PLEASE PRINT ADDRESS/COMPANY REPRESENTING EMAIL- if you want to be included on agenda list

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BCWRD Hogue Island lot Sale

November 10, 2015

Present: Chairman Terry Fleck, Dennis Reep, Gordon Weixel, Greg Larson, Rick Detwiller, Dave Bliss,

Bliss Law Firm, LLC; Michael Gunsch, Houston Engineering, Inc.; and Mona Livdahl, Personalized

Management Services, Inc.

Chairman Fleck called the meeting called to order at 12 Noon.

Dave Bliss opened the bids noting that no bids met the reserve. Rick moved to review and accept the

bids, Greg seconded. Motion Carried.

Dave reviewed the top bidders in each versus reserve price.

Greg noted that although these numbers were far below the reserve, he moved to proceed with the

auction. Rick seconded. Motion Carried.

Chairman Fleck and Dave Bliss reviewed the bidding guidelines, noting the top 5 bidders were able to

increase their bid amounts. The parcels will go in the order as listed on the Notice of Public Sale.

lot 1 Block 1: Reserve 48,300 - reviewed the bids and the amounts. Current high is Karen

Hogue at 9,000. Final winning bidder: $13,200 Greg Wavra

lot 6: Reserve: 82,300 - reserve not met, 7 bidders. Reviewed top 5 bidders to increase bids.

With no other bids, Mary Odegaard received the final bid at $60,009.

lot 7: Reserve: 52,600 - reserve not met. 6 bidders. Reviewed top 5 bidders to increase bids.

Final winning bidder: Karen Hogue $17,900.

lot 9: Reserve $86,600 - reserve not met - 4 bidders. Reviewed top 5 bidders to increase bids.

Final winning bidder: Karen Hogue $30,200

Rick moved to accept the 4 bids as indicated above, Greg seconded. A roll call vote was taken:

Dennis: Yes

Greg: Yes

Gordon: Yes

Rick: Yes

Chairman Fleck: Yes

Motion Carried.

Total: 121,309.00

Dave Bliss noted he will prepare documents on Friday and asked how to handle the grantee (i.e. spouse,

etc.). ND Guranty and Title are closing company. Greg added for the record that the sale is complete

and whole. At this point BCWRD carries no responsibility or no desire in the enforcement of covenants

or restrictions by FEMA or HOA.

Meeting adjourned at 12:36 p.m.

Mona Livdahl

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Burleigh County Water Resource District Members of the Public in Attendance

Date: TLt-0 11/9, /1<:;

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ADDRESS/COMPANY REPRESENTING EMAIL- if you want to be included on agenda list

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Mona Livdahl

From: Sent: To: Cc:

Subject: Attachments:

Marcus;

Michael Gunsch [[email protected]] Wednesday, November 25,20153:37 PM Marcus Hall ([email protected]) Einrem, Casey J. ([email protected]); Daniel Schriock; Greg Larson; Nic Cullen; Fleck Terry ([email protected]); Mona Livdahl MRCC Levee Alignment - Potential Revision MRCC Levee Alternative Memo to Highway Department.pdf

Attached is a summary and options related to the MRCC alternative levee alignment to Scout Street. The notification letter to the landowners will likely go out next week, waiting on approval for the text. Any questions on this let me know.

We have more to review but are heading that direction to answer the unknowns on this alignment.

Thanks,

Michael Gunsch

Principal/Project Manager

Houston Engineering, Inc.

0701.323.0200 I D 701.751.6277 I F 701.323.0300

: :x ~ 3712 Lockport Street <> Bismarck, NO " 58503

W~~ .. JlQ.us~.Qn~J~g,&Q_m

This entire message (including ail forwards and replies) and any attOlchments are for the sale use of the intended recipient(s) and may contain proprietary, confidential, trade secret, work· product, attorney·client or privileged information, Any unauthorized review, use, disclosure or distribution is prohibited and may be a violation of law. If you are not the intended recipient, please contact the sender by reply email and destroy ail copies of the original message.

1

MRCC Levee Alternative

To:

From:

Subject: Date: Project:

Marcus Hall , PE Burleigh County Engineer Greg Larson, Manager BCWRD Michael Gunsch, PE Senior Project Manager Houston Engineering , Inc. England/Scout Street Levee Options November 25, 2015 Missouri River Correctional Facility Flood Control Project

INTRODUCTION

61 HoustonEngln •• , ;ng Inc.

Deb and Dave Larson of 3600 England Street have been hesitant to allow the fiood control project to be constructed cross through their property without compensation for the easement. Therefore, the Burleigh County Water Resource District (BCWRD) has elected to review an alternative route, which includes tying into the west end of Scout Street along its existing dedicated ROW.

The 2011 fiood event had a water surface elevation of approximately 1635.60 (all elevations are in NAVD88) near this location. Overall, Scout Street has an average surface elevation of 1636.54, which gives an average of 0.94 feet of freeboard. The selected design criteria is for 0.7 feet. As you head east, toward England Street, there is a low area within the roadway which is below the 2011 water surface elevation of 1635.60. This area is noted as "Grade Raise" on the attached figure. The low point on Scout Sireet is where Scout Street and England Street meet. This location has an elevation, according to LiDAR, of 1635.11 , or 0.49 feet below the 2011 fiood event. The low point on England Street is where just north of the Scout Street and England Street intersection by approximately 60 feet. This location has an elevation, according to LiDAR, of 1635.01 , 0.59 feet below the 2011 fiood event.

ANALYSIS

SCOUT/ENGLAND STREET

Option #1 - Grade Raise

From the center of the Scout Street and England Sireet Intersection, headed west, there is approximately 30 feet of Scout Street that is below elevation of 1635.60 and there is approximately 56 feet below the freeboard elevation of 1636.35. There is one other area along Seoul Street that is above the 2011 elevation, but below the freeboard elevation. From the center of the Scout Street and England Street Intersection, this area starts 318 feet west and ends 510 feet west of the intersection along the centerline of the road . The average elevation within this 192 foot roadway section is 1636.18.

From the center of the Scout Street and England Street Intersection, headed north, there is approximately 217 feet of England Street that is currently below elevation 1635.60 and there is approximately 627 feet below the freeboard elevation of 1636.35.

61 3712 LOCKPORT ST I BISMARCK, NO 58503

HoustonEnglneering Inc.

Option #1 would be to raise the grade of Scout Street and England Street to the 2011 flood elevation plus 0.7 feet to provide the designated design freeboard. This altemative will be the most costly and time consuming, but would provide permanent flood protection, without concem of temporary measures being required during the actual flood event.

Option #2 - Berm

Option #2 would be a grade raise along the 30 feet of Scout Street through the intersection of Scout Street and England Street. Instead of creating a longer grade raise north along England Street, an earthen berm would be placed in the England Street eastem right-of-way ditch line, continuing along Scout Street east tying into the high ground of the South Bay Development. This berm would require a culvert with a gate system to prevent flood waters from the north, overtopping England Street and headed south along the right of way into the protected properties. This option would be less costly than Option #1 , but would still require a partial grade raise to be completed, along with the county requiring staff to close the gate during a flood event.

Option #3 - Temporary Protective Measures during Flood Events

Option #3 would be to place temporary flood protection measures along the low areas of Scout Street and England Street as necessary during actual flood events. This alternative is the least cost, but would require the county to provide action during a flood event and does not comply with the selected design standards. This option requires the use of the roadway area, creating possible traffic hazards during the event when temporary protection measures are in place. This alternative would require consistent monitoring by the county during a flood event, which would require limited resources that are better applied in other areas.

CONCLUSION

While a final determination remains to be made the current recommendation , considering cost issues and related factors is to implement Option #2. A decision regarding the final levee routing is anticipated in early 2016, which will impact if the alternative alignments is the one to be implemented.

61 371 2 LOCKPORT ST I BISMARCK, ND 58503

N

1 o 100 200 _ Feet

Legend

= Proposed Levee

= Proposed Alternative

- Grade Raise

South Central Water

Vote

. YES

. NO

DID NOT VOTE

-GJES1'VANG~RORYj

r, BURLEIGH COUNTY

Q Water

Resource

Burleigh County Water Resource District

November 23,2015

1811 East Thayer Avenue Bismarck, North Dakota 58501

(701) 222-3499 www.bcwrd.org

RE: Mi~~'ouri River Correctional Center Flood Control Project Lots Potentially Impacted by Alignment Revision

(/)'i c1.._(j!e P

1:1/'/ I')

You are receiving this letter as the Burleigh County Water Resource District (BCWRD) is in the process of attempting to obtain an easement granting permission to construct and maintain a permanent flood control levee and associated drainage structures within a private landowner's property, It is our policy not to pay for easements on such projects, but to minimize impacts and to restore site conditions within the benefited properties within the limitations of the project's required design purpose and intent.

Since the private easement has not been granted, and may not be, the BCWRD has directed our engineer to evaluate an alternative levee alignment. This new alignment will come across the Missouri River Correctional Facility (MRCC) property and tie into the west end of Scout Drive on the dedicated public ROW, see enclosed alternative alignment map, This proposed alignment would remove twelve lots from the project protection area and the special assessment district. You are receiving this letter, as you own one of the affected lots. The new alignment will be reviewed for cost savings, improved construction access and overall benefits. Use of this revised alignment is being coordinated with the Burleigh County Engineer as it affects several township roadways.

If an agreement on the easement can be reached with the private landowners, prior to the end of the year, the design would be located as originally proposed and protect these twelve lots. If that does not occur the BCWRD will need to determine if the alignment revision will become a permanent part of the final construction plans. You will be notified of the final determination on this matter as soon as the BCWRD makes is decision.

If you have any questions or concerns, contact Greg Larson, BCWRD Manager at 400-7217.

Sincerely,

~-iYL Terry Fleck, Chairman Burleigh County Water Resource District

Enclosure

C: Michael Gunsch, Houston Engineering Greg Larson, Manager BCWRD

Current Board Members:

Terry Fleck, Chairman, BismarcK 223-9768 DenniS Reap, Vice Chairman, Bismarck 557-9621 Gordon Weixel, SecrelaryfTreasurer, Bismarck 258-5390

Greg larson, Manager, Bismarck 400·7217 Rick Oetwiller, Manager, Bismarck 223-8782

NELSON, JEFFREY M & MARY ELLEN 3640 ENGLAND ST BISMARCK ND 58504-8961

NELSON, GREGORY T 3760 ENGLAND ST BISMARCK ND 58504-8968

ANDRE, ANN 2200 FAR WEST DR BISMARCK ND 58504-8835

FERDERER, WAYNE R & JACQUI J 3550 ENGLAND ST BISMARCK ND 58504-8967

NELSON BUILDERS LLC 1205 VOYAGER DR BISMARCK ND 58504

LARSON, DA VID K & DEBORAH A 3600 ENGLAND ST BISMARCK ND 58504

GJESTVANG, RORY 3500 ENGLAND ST BISMARCK ND 58504-8967

HUBBARD, MATTHEW & GWEN 3710 ENGLAND ST BISMARCK ND 58504-8968

BOGERT, MARK W & DEBORAH 3700 ENGLAND ST BISMARCK ND 58504-8968

8:44 AM 12104/15 Accrual Basis

Burleigh County Water Resource District (BCWRD) Profit & Loss Budget vs. Actual

January through November 2015

Income

31110· Real Estate Tax

31810 ·In Lieu ofTax

33610, State Aid Distribution

33620 . Homestead Credit

33810 . Reimbursements

3381 O~A . Missouri River Correctional

33810-C . Apple Valley Special Assessment

33810-0· Fox Island Flood Control

33810-E . Country Ridge/Creek

33810-F . Apple Creek Industrial Park

33810-G . Burnt Creek

33810-J . Hay Creek

33810 . Reimbursements - Other

Total 33810 . Reimbursements

36110 . Interest

36210 . McDowell Dam Recreation Income

36215 . McDowell Dam Land Lease

36910· Mise Revenue

Total Income

Gross Profit

Expense

111 . Payroll Expenses

111A· Payroll Taxes

112 . Management Services

113 . Accounting Services

112 . Management Services - Other

Total 112 . Management Services

114· Audit

312 . Legal Fees

315· Engineering Administration

328· Liability Insurance

335 . Building Rent

341 . Travel

376 . Dues & Publications

411 . Office Supplies

904 . McDowell Dam

904-1 . Engineering Costs

904-2 . Legal Fees

904MA . Administrative Fee

904 . McDowell Dam - Other

Total 904 . McDowell Dam

905 . McDowell DamMCapital Improvemen

Jan - Nov 15

563,815.90

9,371.42

75,384.05

5,637.14

1,200,000.00

29,402.67

2,800,000.00

10,630.07

0.00

22,677.16

12,436.01

0.00

4,075,145.91

129.42

17,724.39

2,675.00

1,551.44

4,751,434.67

4,751,434.67

22,170.22

250.00

1,640.00

13,844.00

15,484.00

5,726.45

10,339.80

17,460.00

2,576.25

889.14

66.08

636.10

693.27

13,442.00

589.40

37,971.34

160,238.97

212,241.71

0.00

Budget

583,800.00

5,000.00

50,000.00

4,000.00

50,000.00

18,000.00

10,000.00

65,200.00

108,000.00

50,000.00

301,200.00

100.00

10,000.00

2,700.00

2,700.00

959,500.00

959,500.00

35,000.00

3,500.00

3,000.00

18,000.00

21,000.00

2,000.00

24,000.00

24,000.00

2,000.00

2,000.00

1,200.00

2,500.00

2,500.00

194,700.00

194,700.00

2,500.00

$ Over Budget

-19,984.10

4,371.42

25,384.05

1,637.14

1,150,000.00

11,402.67

630.07

-65,200.00

-85,322.84

-50,000.00

3,773,945.91

29.42

7,724.39

-25.00

-1,148.56

3,791,934.67

3,791,934.67

-12,829.78

-3,250.00

-1,360.00

-4,156.00

-5,516.00

3,726.45

-13,660.20

-6,540.00

576.25

-1,110.86

-1,133.92

-1,863.90

-1,806.73

-34,461.03

17,541.71

-2,500.00

Page 1 of 4

8:44AM 12104/15 Accrual Basis

Burleigh County Water Resource District (BCWRO) Profit & Loss Budget vs. Actual

January through November 2015

Jan - Nov 15 Budget

910 . Projects

910A . Missouri River Shared

910A-1 . Engineering Costs 18,289.75

Total 910A . Missouri River Shared 18,289.75

910B . Hogue Island

9108-1 . Engineering Costs 17,612.38

9108-2' Legal Fees 8,015.70

910B . Hogue Island - Other 1,722.76

Total 910B . Hogue Island 27,350.84

9100· MRCC


9100-2 . Legal Fees 900.90

9100 . MRCC - Other 1,622.33 124,600.00

Total 9100 . MRCC 90,717.94 124,600.00

910E . Country Creek/Ridge

910E-1 'Engineering Costs 3,012.20

910E . Country Creek/Ridge - Other 1,948.41

Total 910E . Country Creek/Ridge 4,960.61

910F . Apple Creek Industrial Park

910F-1 . Engineering Costs 484.00

910F-2 . Legal Fees 92.40

Total 910F . Apple Creek Industrial Park 576.40

910G . Burnt Creek

910G-1 . Engineering Costs 69,679.77

910G-2 . Legal Fees 2,148.30

910G· Burnt Creek - Other 394,800.37 400,000.00

Total 910G . Burnt Creek 466,628.44 400,000.00

910H . Fox Island

910H-1 . Engineering Costs 8,931.05

910H-2 . Legal Fees 231.00

Total 910H . Fox Island 9,162.05

9101 . Apple Valley

9101-3 . Interest Charges 5,600.00

Total 9101 . Apple Valley 5,600.00

910K . Apple Creek

910K-1 . Engineering Costs 2,572.75

Total 910K . Apple Creek 2,572.75

910L . Hay Creek

910L-1 . Engineering Costs 5,504.13

910L-2 . Legal Fees 92.40

Total 910L . Hay Creek 5,596.53

Total 910 . Projects 631,455.31 524,600.00

911·Misc 514.38 3,000.00

$ Over Budget

-122,977.67

-33,882.06

-5,199.63

66,628.44

106,855.31

-2,485.62

Page 2 of4


Burleigh County Water Resource District (BCWRD)

Profit & Loss Budget vs. Actual January through November 2015

Jan ~ Nov 15 Budget $ Over Budget

920 . Continuing Education 125.00 2,500.00 -2,375.00

932 . City/County Watershed Planning

932A . Ash Coulee


Total 932A . Ash Coulee 1,452.00

932 . City/County Watershed Planning - Other 0.00 20,000.00 -20,000.00

Total 932 . City/County Watershed Planning 1,452.00 20,000.00 -18,548.00

933 . Missouri River General Services 3,274.00 2,500.00 774.00

937 . Design/Special Assessment

937A . Apple Valley ~ Administrative 1,125.00

Total 937 . DesignfSpecial Assessment 1,125.00

940 . Operations & Maintenances

940A . Burnt Creek Watershed


940A-2 . Legal Fees 369.60

Total 940A . Burnt Creek Watershed 7,053.10

Total 940 . Operations & Maintenances 7,053.10

941 . Stream Gages

941A . Apple Creek & Hay Creek

941A-1 . Engineering Costs 460.00

941A . Apple Creek & Hay Creek - Other 2,600.00

Total 941A . Apple Creek & Hay Creek 3,060.00

Total 941 . Stream Gages 3,060.00

960 . Drainage Complaints


960·2 . Legal 231.00

960 . Drainage Complaints - Other 399.76 70,000.00 -69,600.24

Total 960 . Drainage Complaints 13,280.76 70,000.00 ·56,719.24

970 . Storm Water Management Plans

970·1 ' SWMP Engineering Costs 17,179.50

970 . Storm Water Management Plans - Other 0.00 20,000.00 -20,000.00

Total 970 . Storm Water Management Plans 17,179.50 20,000.00 ·2,820.50

Total Expense 967,052.07 959,500.00 7,552.07

Net Income 3,784,382.60 0.00 3,784,382.60

Page 3 of 4


Burleigh County Water Resource District (BCWRD)

Profit & Loss Budget vs. Actual January through November 2015

ASSETS

Current Assets

Checking/Savings

American Bank Center Checking

Designated Reserve Funds

Aero Club Rent

Apple Valley

Apple Valley Spec. Assessment

Brookfield Estates

Burnt Creek

Emergency Fund

Hogue Island

McDowell Rent

Designated Reserve Funds - Other

Total Designated Reserve Funds

MRCC Money Market

Total CheckinglSavings

Total Current Assets

Jan - Nov 15

Nov 30, 15

2,934,386.14

13.00

19,000.00

12,626.81

2,377.34

115,000.00

95,037.13

104,906.33

7,859.00

64.01

356,883.62

1,200,043.40

4,491,313.16

4,491,313.16

Budget $ Over Budget

Page 4 of4

121312015

Income

I

31110· Real Estate Tax

31810· In lieu of Tax

33610· State Aid Distribution

33810· Reimbursements - Total

33810 - Othe r GRANTS

33810-A Missouri River Correctional

33810-B Sibley Area Flood

33810-C App4e Valley Speci" Assessment Dis trict

33810-0 Fox Is land Flood Control

33810-E Country Ridge/Creek

33810-G Burnt Creek

33810-H Hogue I"and

33810~ Apple Creek Gages

33810-J Hay Creek

33810 Reimbursments Other

3381O-A1 MRCC (State Appropriation)

33810-A2 MRCC (Dept of ColTeCtions)

33810- 01 Fox Island Flood Control (State Appropriation)

33810- 02 Fox Island Flood Control (Township)

33810-E County Ridge/Creek

33810- 02 Fox Istand Flood Control (Bonding/Loan)

33810-F Apple Creek Ind. Park

3381O-G Brunt Creek

36110· Interest

33620 - Homestead Credit

36210 - McDowell Dam Rec. lncome

36215 - McDowell Dam Lease

36910· Mise Revenue

Total Income

Jan·Nov

$563.815.90

$9.371.42

$75.384.05

$29,402.67 $

I $10.630.07

$22.6n.16

. ,2.436.01 1

$1,200.000.00 $

• 1==

$87.32

$5.637.14

$17,724.39

$2,675.00

$1.551.44

• 1,951,392.57


2015 Budget 2016 Budget Revised 12/2015 Revised 12/2015

Mills $583,BOO.001 $ 657,500.00 l .s l Autho rized for 2016

$5,000.001 $ 5,000.00

$50,000.001 $ 60,000.00

$301 ,200.00 "' Income moved t o projects

30,000.00 • 30,000.00 Added - Assesment Revenue 2015-2016

I I I 11,000.00 • 11,000.00 Ad~d - Assesment Revenue/Board Funded No Assoicated Expense , 179,890.00 Added SWC Reimbursement

• 120,000.00 Ad~d Land Sale Revenue 2015-2016

1

1,200,000.00 Added - In account Dec 2015

• 349,500,00 Added - Remains to be requested in 2018

2,800,000.00 Added - In account Dec 201S Construction 2017

• • 920,456.00 Budgeted in 2017

I L I • 153,500,00 Added - Assessment Funding 2016

I. I l Stalus is Unknown

• 360,000,00 Added _ Bond Sale 2016

$1 00.00 $ 100,00

$4,000.00 $ 4,000,00

$10,000.00 $ 10,000,00

$2,700.00 $ 2,700_00

$2}00.00 $ 2,700,00

$5.000.500.00 $1,945,890,00

Page 1 of 2

121312015 Burleigh County Water Resource District

I Jan-Nov Revised 12/2015 Revised 12/2015

Expense 2015 Budget I 2016 Budget

Jan-Nov Revised 1212015

111 ' Payroll Expenses $ 22,170.22 , 35,000.00 $ 35,000.00

111A ' Payroll Taxes $ 250.00 $ 3.500.00 1$ 3,000,00

112 , Management Services Other $ 12.764.00 , 18,000.00 $ 18,000.00

113 - AccOllnting services $ 1,520.00 , 3,000.00 $ 3,000.00

114 -Audit State $ 5.726.45 $ 2.000.00 $ 5,000.00

312· Legal Fees , 10.339.80 $ 24,000.00 $ 24,000.00

315· Engineering Administration , 16,460.00 , 24,000.00 $ 24,000.00

328 • Liability Insurance , 2,576.25 $ 2.000.00 • 2,500,00 - -335 . Building Rent $ 889.14 , 2.000.00 • 2,000.00 341 . Travel , 66.08 , 1,200.00 • 1,600.00

376 ' Dues & Publications S 636.10 , 2,500.00 • 4,000,00

411· Office Supplies S 652.32 $ 2,500.00 • 2,500.00

904 . McDowell Dam (BPRD) $ 191 ,349.73 , 167,000.00 • 171,000.00

904 . McDowell Dam (Buffer Zone) • 26,700.00 • 100,000,00 land Pl.M"chase Funds (lsl lnslallmeot)

905 . McDowell Dam-Capitallmprovements , 2.500.00 • 36,650.00

910· Projects $ 524,600.00

l-t- 910-A MissOllri River Shared S 17,891 .75

------910.8 Hogue I-'and S 26,222.14 • 90,000.00 SWC Repayment 2016

I- t-- 910-0 MRCC DesignlConstNcdon l- I'

64,152.69

I' 1.700,000.00 IProject to be completed In 2016

I h 91O-E Country CreekIRidge 4.960.6~ I I-

t-J91O-f Apple Creek Industrial Park ---- I 576.40 I - I. I I ---- -- -'--91o.G Burnt C .... k 466.628.44 35,000.00 Gale Installation ($33,570) to be paid in 2016 I-P~10-H Fox Is land

---I 6.590.00 I I I I I- 910-1 Apple Vaney 6 ,725.~ I $ 30,000.00 I $ 30,000.00 I Expense for repayment/actual cost rown is loan admin fee cost

I-h 910-K Apple Creek I 2,572.75

I-~~'O-L Hay Creek I 92.40 I

-- I. I I -l-

t- 937-0 Fox Island Flood Control Design Only 392,000.00 Design · Bidding in 2016-2017 -- - --937-G Burnt Creek Floodway • 7,500.00 O&M + Admin

937-J Apple Creek Indus. Park $

911 • Misc $ 514.38 , 3.000.00 • 4,250.00

920 • Continuing Education $ 125.00 , 2,500.00 • 2,500.00

932 • City/County Watershed Planning , 1,452.00 $ 20,000.00 • 20,000.00

933 . Missouri River General Services $ 3,274.00 • 2,500.00 $ 25,000.00 USGS Study Efforts

f- 940A - Burnt Creek Watershed $ 7.053.10 $ 5,000.00 Project FoIIowup I Old Channel I- 941 Stream Gages (Burleigh County) $ 3,060.00 , • 3,0G0.00 Added - BCWRD Now holds this contract 2016 l- f- 942 Loan/Special AsH&merIts Disl.

960 Drainage Complaints (16) • 12,519.51 $ 70,000.00 • 70,000.00 Various (pro;ected)

970 Storm Water Management Plans $ 17.179.50 $ 20.000.00 $ 20,000.00 Various (projected)

Total Expense $ 906,989.76 $ 988.500.00 $ 2,836,560.00

I • 1.044,402.81 $ 4.012.000.00 • (890,670.00 P~gtl20f2

merican Burleigh County Water Resource Distri ct

Pledged Securilies

November 30, 2015

Security

Number Par Value Description

------ ----------

313375K48 970,000 FHLB

3133ECZY3 1,000,000 Fed Farm Cr Bk

31331 KW97 1,000,000 FFCB

09160RAX5 280,000 Bismark NO Park Dist

144537PD3 400,000 Carrington NO

149533AG6 290,000 Cavalier ND Pub Sch Dist

357216AWO 255,000 Fremont Cnty IA

758896BA1 450,000 Regent ND

TOTALS", 4,645,000

BANKING • INVESTMENTS • TRUST • INSURANCE weareamerican.com

Maturity Market

Date Value

9/14/2018 990,680

09-17-20 1,047,560

04-17-17 1,006,660

04-01-20 282,579

05-01-22 400,232

05-01-20 297,975

06-01-20 262,548

05-01-22 449,577

4,737,811

DICKINSON - AMERICAN BK CENTER RHONDA MAHER 1401 AVE WEST DICKINSON, ND 58601

Security Trade Date Receipt

09160RAX5 01/10/2014

174009995 Pledged (BUWR) As of 10/21/2015

144537PD3 10/06/2015

174016276 'Pledged (BUWR) As of 11/30/2015

149533AG6 09/17/2013

174009145

Pledged (BUWR) As of 10/21/2015

31331KW97 11/18/2011

174003036

'Pledged (BUWR) As of 1113012015

313375K48 0812912011 174002194 'Pledged (BUWR) As of 11/3012015

3133ECZY3 1212012013

175002561 Pledged (BUWR) As of 0612412015 357216AWO 03/19/2014

174010899 Pledged (buwr) As of 03/17/2015

758896BA1 0913012014 174012512 'Pledged (BUWR) As of 1113012015 Pledged USD Par Pled~ed USD Orig Face

'COLLA TERAL ADDED

Cost Basis

*Internal USE ONL Y* Client Code: BUWR

Client Name: BURLEIGH CO WATER RESOURCE DIS Retention Date: 05/01/2022

Pledged Custody Holdings for Currency USD As of 11/30/2015 Page 1

Current Face Pldg Description Original Face Pldg Rate, Maturity

BISMARCK NO PARK DIST FAC REV 2.00,04/01/2020

280,000.00 BURLEIGH CO WATER RESOURCE DIS CARRINGTON ND REF & IMP GO 2.10,05/01/2022

400,000.00 BURLEIGH CO WATER RESOURCE DIS CAVALIER ND PUB SCH DIST REV 2.00,05/01/2020

290,000,00 BURLEIGH CO WATER RESOURCE DIS

FFCB 1.40,04/1712017

1,000,000.00 BURLEIGH CO WATER RESOURCE DIS

FHLB 2.00,09/1412018

970,000.00 BURLEIGH CO WATER RESOURCE DIS

FFCB 2.84,0911712020

1,000,000.00 BURLEIGH CO WATER RESOURCE DIS FREMONT CNTY IA GO 2,00,06101/2020

255,000.00 BURLEIGH CO WATER RESOURCE DIS

REGENT ND REF & IMP GO 2.00,0510112022

450,000,00 BURLEIGH CO WATER RESOURCE DIS 4,645,000,00 4,645,000,00

You are a valued customer of Bank of North Dakota. B N 0 ~.%I1?#§i""'il'-'!Jf!J B.1ff24J/§§ifJ! i%:~~'01

We sincerely appreciate your businessl Bank of North Dakota

Payment Date: 11/25/2015 .. ".-~.--~~-.--Invoice Number Invoice Date Voucher II) Gross Amount --SWC 1992/03 Fox Island Flood Nov/24/20 15 00026043 2,800,000.00

Vendor Number Name 0000159896 BURLEIGH COUNTY WATER RESOilltCE DISTRICT

Reference Date -

02337085 Nov/25/20 15

WATER COMMISSION, ND STATE State Water Commission Bismarck, ND 58505-0850

Total Gross Amt

$2,800,000.00

Reference: 02337085 Discounts Late Charges Paid Amount

0.00 0.00 2,800,000.00

Bank Charge Transfer Cost Cd $0.00

Total Discounts Total Late Charges Total Paid Amt

$0.00 $0.00 $2,800,000.00

ELECTRONIC PAYMENT ADVICE

Electronic Payment (ACHIEFTIWire) deposited to your account

BlJRLEIGH COUNTY WATER RESOURCE DISTRIC 1811 E THAYER AVE BISMARCK, ND 58501-4780

Name

Bismarck Parks and Rec


Bliss law Firm

Bliss Law Firm

Houston Engineering

Houston Engineering

Houston Engineering

Houston Engineering

Houston Engineering

Houston Engineering

Houston Engineering

Houston Engineering

Braun Intertec

Bismarck Tribune

Personalized Management

Project

October bill

Oct. Admin

Nov.

MRCC issue

General

McDowell Dam

BCWRD Invoices

12-8-15

Missouri River Correctional (W018/SA25)

Fox Island

Hogue Island Acquisition Site Restoration

Drainage Complaints

Drainage Complaints: Hay Creek

Missouri River Bank Stabilization

Hay Creek/Pebble Creek

Hogue Sales ad

Secreta ria 1/ Accou nting/Supplies

Invoice Amount

3993 $15,383.58

3993 $3,845.90

18688 $5,441.00

18688 $69.30

27790 $1,000.00

27789 $1,662.50

27770 $26,565.25

27791 $2,572.05

27792 $924.00

27793 $761.25

27794 $5,504.13

27795 $398.00

8045674 $1,358.50

2081510 $74.70

5693 $1,370.95

TOTAL: $66,931.11

LOT EXHIBIT FOR

9700 ISLA ND ROAD LOT 1, BLOCK 1

RIVERSIDE SUBDIVISIO N BURLEIGH COUNTY, NORTH DAKOTA

AREA PER PLAT OF RIVERSIDE LOT 1 = 41 ,400± SF

SUBDIVISION

! f I

J I

/{ f

I

*~

LOT 3

'0

Seole

\ II

\ 0

CONCRETE

'0 80

Feel

~\\ ! I LOT 2

EJ o IRON MONUMENT

-----ORDIN ARY HIGH WATERMARK

n_l ~! * - EASEMENT DOC NO 3602794 - - - - - - TOP OF RIVERBANK

'1:t\\ 1345.75" ~ . :t '-,- LOT 1 '\ ~

\ 3 4,985± SF '" ~ 0.80 ACR ES '"

55.0'± " \~ " " 196.73'

-IV

fl f!

" " N71"03'42"W 251.7' ±

/ / /

L'

L= 91.85' R=840.00' ~=6'15'54"

/ I / /

ALL BEARINGS AND DISTANCES ARE FIELD IVI [.I'':> em c. D NOTE: PROPERTY SUBJECT TO RESTRICTIONS DIRECTED BY BCWRD.

LEGAL DESCRIPTION : LOT 1, BLOCK 1, RIVERSIDE SUBDIVISION , BURLEIGH COUNTY, NORTH DAKOTA.

THE ABOVE DESCRIBED TRACT OF LAND CONTAINS 34 ,985 SQUARE FEET, MORE OR LESS.

I HERBY CERTIFY THAT THIS SURVEY, PLAN, AND OR REPORT WAS PREPARED UNDER MY DIRECT SUPERVIS ION AND THAT I AM A DULY REGISTERED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF NORTH DAKOTA.

I (J - 14-1"S" DATE

4431 REG NO

SURVEYOR

Bismarck RIVERSIDE SUBDIVISI ON SHEET

Engineering Inc. r-:"""7:":-::-:-::-_:_-t-:::-:-"7."""t:-:------i BCWR D

p 701323 0200 1--"'-'!.!~"-"'.'~~g..:.~N~.D~·=_c;c;_;__ll of 1 f 7013230300

LOT EXHIB IT FOR

9750 ISLAND ROAD LOT 6 & NORTH HALF OF LOT 5, BLOCK 1

RIVERSIDE SUBD IVISIO N BURLEIGH COUNTY, NORTH DAKOTA

AREA PER PLAT OF RIVERSIDE SUBDIVISION LOT 6 = 40,800± SF & N. HALF OF LOT 5 = 20,000 ± SF \

.------ 1 /

~

\ (

\

\ ' 0 0

Scale

o CONCRETE

' 0 80

Feel

o IRON MONUMENT -----ORD�NARY HIGH WATERMARK

- EASEMENT DOC NO 3602794 - - - - - - TOP OF RIVERBANK

I

64.0 ' ±

(

190 .4 ±

LOT 5 21 . 194± SF 0.49 ACRES

N4T38' 49 ''W .------

.------

1

1 1

1

I

1 363.4' ±

173. 07 '

LOT 6 42 ,893± SF 0.98 ACRES

/ /

/ ~ .. . ' '.

.' ,

425 .3 ± : .'.

/ ~ 359.95'

.' .

423.9' ±

o <{ o a::: o z :"i (/)

S42'26 '26"W 1 0 4. 96 '

N42'14' 41 "E 50.01 '

I r ALL BEARINGS AND DISTANCES ARE FIELD MEASURED.

NOTE : PROPERTY SUBJECT TO RESTRICTIONS DIRECTED BY BCWRD.

LEGAL DESCRIPTION LOT 6, BLOCK 1 AND THE NORTH HALF OF LOT 5 , BLOCK 1, RIVERSIDE SUBDIVISION, BURLEIGH COUNTY, NORTH DAKOTA.

THE ABOVE DESCRIBED TRACT OF LAND CONTAINS 64,087 SQUARE FEET, MORE OR LESS.

I HERBY CERTIFY THAT THIS SURVEY, PLAN, AND OR REPORT WAS PREPARED UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF NORTH DAKOTA.

/D-/-HtG" DATE

4431 REG NO SURVEYOR

Bismarck RIVERSIDE SUBDIVISION SHEET i---;-----+".....,..--;-t:-,------i BCWR D

Ll...!-Z~:En~g:in:ee:ri:ng~':nC::. . .l.!~.b!ii:ii~.l...;!~l.!:~~L~~I~~~~~~ .."..----1 1 of 1

LOT EXHIBIT FOR

9806 ISLAND ROAD LOT 7 & SOUTH HALF OF LOT 8, BLOCK 1

RIVERSIDE SUBD IVISION BURLEIGH COUNTY, NORTH DAKOTA

AREA PER PLAT OF RIVERSIDE SUBDIVISION LOT 7 = 42,300± SF & S HALF OF LOT 8 = 20,000 ± SF

o Scale

CONCRETE

40

D o IRON MONUMENT

100

Feet

%l 4 -,~

"-"

\

ORDINARY HIGH WATERMARK EASEMENT DOC NO 3602794 TOP OF RIVERBANK

190.4 ±

/ _,II

N4T '36"W 177.3'±

I 173.07'

/ N4T40'45"WI 363.5' ±

)

S42 "14'07"W 62.23'

o « o 0:::

o z :'5 (/)

S42 "16' 44"W 114.96'

\ /' II / ~ NOTE:

ALL BEARINGS AND DISTANC ARE FIELD MEASURED . RE

PERTY SUBJECT TO DIRECTED BY BCWRD .

LEGAL DESCRIPTION : LOT 7 , BLOCK 1 AND THE NORTH HALF OF 8 , BLOCK 1, RIVERSIDE SUBDIVISION , BURLEIGH COUNTY, NORTH DAKOTA.

THE ABOVE DESCRIBED TRACT OF LAND CONTAINS 4 2 ,819 SQUARE FEET, MORE OR LESS .

I HERBY CERTIFY THAT THIS SURVEY, PLAN , AND OR REPORT WAS PREPARED UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF NORTH DAKOTA.

:;:::&.~ G',,. IO-I+-'~ DATE

4431 REG NO SURvEYOR

Bismarck O"wob, RIVERSIDE SUBDIVISION SHEET Houston Engineering Inc.

~~ ______ ~ __ C~H~~~~~ BCWRD P 170U23 0200 Ch"kedb, S"'e BURLEIGH COUNTY N.D. 1 of 1 F' 701.323 0300 TM AS SHOWN I--='-"-'-'.=""-'-=~~~~='C",-l

LOT EXHIB IT FOR

9828 ISLAND ROAD LOT 9 & NORTH HALF OF LOT 8 & SOUTH HALF OF LOT 10, BLO CK 1

RIVERSID E SU BD IVISION BURLEIGH CO UNTY, NORTH DAKOTA

AREA PER PLAT OF RIVERSIDE SUBDIVISION LOT 9 = 40,300± SF, N. HALF OF LOT 8 = 20 ,000± SF & S. HALF OF LOT 10 = 20 ,000± SF • __ ~o =""""o:.",,,,~.§'O __ ~80

Scale Feet

\ CONCRETE \

LJ o IRON MONUMENT

\ --- ORDINARY HIGH WATERMARK \ \

EASEMENT DOC NO 3602794 TOP OF RIVERBANK

\ \ \

20, 0.48

LOT 9 37,1 66± SF 0.85 ACRES

* , .>l!(~ . •

-~

~" " " 1 ' ~ , . ----'-If .'.

I ':,j L' -j\

261. 4 ' ±

LOT 8 11,307± SF

.26 AC RES 135.89'

\ )

\ N4T38 '36 "W

L= 201. 9 7' R= 111 0 .00 ' ~= 1 0'2 5 ' 30"

S42'1 4' 07 " W 6 2.23'

g 177.3 ' ±

/ NOTE: PROPERTY RESTRICTIONS

SUBJECT TO

ALL BEARINGS AND DIST S ARE FIELD MEASURED.

LEGAL DESCRIPTION : LOT 9, THE NORTH HALF OF LOT 8 AND THE SOUTH HALF OF LOT 10 BLOCK 1, RIVERSIDE SUBDIVISION, BURLEIGH COUNTY, NORTH DAKOTA.

THE ABOVE DESCRIBED TRACT OF LAND CONTAINS 69,193 SQUARE FEET, MORE OR LESS .

I HERBY CERTIFY THAT RT WAS PREPARED UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF NORTH DAKOTA.

1t>-I4-L~ DATE

4431 REG NO

U"·.Lv ED BY BCWRD.

SURVEYOR

Bismarck RIVERSIDE SUBDIVISION SHEET

Engineering Inc. t--:"7:':-:-:-:-:-:-:-:---t-::-:--::-~:-------i BCWR D

p 17013230200 1--~~~'l..'e~gN:-:.,TY~'c.fN~. D"i·=-c".....--I 1 of 1 F 7013230300

Burleigh County Water Resource District Hogue Island Property Auction

Notice of Public Sale

The Burleigh County Water Resource District will receive public bids for the sale of the following four properties located in the Riverside Subdivision on Hogue Island:

Property Description Acreage 1 Lot I, Block I 0.88 Acres Bernard 2 Lot 6 and N Y, of Lot 5 Block I l. 50 Acres Rogers 3 Lot 7 and S Y, of Lot 8 Block I 0.96 Acres Magnus 4 Lot 9 and N Y, of Lot 8 and S Y, Lot 10 l.58 acres Bohl

Additional infonnation regarding these properties and the tenns and conditions of sale are avai lable at www.bcwrd.org.orbycontactingBlissLawFinn.LLC. 400EastBroadwayAvenue.Suite 308, Bismarck, ND 58502-4 126 (70 1-223-5769). Bids will be opened November 10,20 15 at 12 o'clock noon in the Tom Baker Meeting Room, City/County Building.

Hogue Island Auction (12 Noon)

Introduction - Terry Fleck (Open Meeting)

Time and place noticed for this meeting which sole purpose is for the auction of the four BCWRD parcels on Hogue Island, no other issues will be addressed at this meeting.

David Bliss - Receive and open bids on each parcel as advertise. Top 5 bidders have the option for the open bid portion of the process.

Notice issues and selection of reserve pricing:

Should the Board elect to accept any of the bids, then the person with the highest bid will be provided a purchase agreement for final settlement and closure of the sale.

Desired recovery of a portion of the non-cost shared lot improvements Bids on all lots will be received before the Board will consider the lifting of any of the reserve amounts on any or all lots.

Other Disclosure items - if any

Bid Opening - Dave will open announce bid and pass to Mona to be recorded, then open the floor for those wishing to increase their bids, again only the top five are eligible. Each lot will be addressed one at a time (or do we open all then proceed with bidding so everyone knows where they are all at to start with?)

Consideration and sale will occur from the southernmost lot then north.

Terry Fleck - all bids have now been received Mona can you review the highest bids for each lot, then we will open the discussion for the Board regarding the acceptance of any or all bids.

Accept Bids - Reject Bids - Delay for stated reasons.

Close meeting

'Ii SURLE.'.OH] COUNTY ,J INFORMATION TO BUYERS - Hogue Island Properties Water ~

Resourcel BID PROCEDURES - October 13, 2015 OISTRIC~j'

L The Burleigh County Water Resource District, hereafter called the "Seller", will receive bids on the proposal form below, All blanks on the proposal for the property being bid on must be appropriately filled in. The bid must be signed and placed in a sealed envelope addressed to "Burleigh County Water Resource District" with the property being bid on clearly identified on the outside of the envelope and in the space provided below. Only one bid is allowed per envelope. Bids on multiple properties shall be each placed in separate envelopes, and marked accordingly.

2, Sealed bids shall be delivered either by mail or in person to: Bliss Law Firm, LLC, 400 East Broadway Avenue, Suite 308, Bismarck, NO 58502-4126 (701-223-5769) until 5 pm (COT) the day before the bid, or they may be delivered in person at the time and place noted for the bid opening. The sealed bids will be opened during a special meeting of the Burleigh County Water Resource District on November 10,2015 at 12 o'clock noon, held in the Tom Baker Meeting Room, City/County Building 221 North 5th Street, Bismarck, NO 58501. The top five Bidders will have an opportunity to increase their bids at that time.

3. The Seller reserves the right to reject any and all bids, to waive any irregularities and intends to award the bids at the conclusion of the bidding on all propelties and consideration of final bids. The BCWRD reserves the right to not sell any or all properties. if the reserve price for each and every property has not been met.

4. Buyers shall satisfy themselves as to the local conditions affecting the property, including the limitations and restrictions as outlined in the terms and conditions.

PROPOSAL The Buyers hereby certify that they have personally examined the property and place the following bid on the property indicated below, and accept the terms and conditions dated October 13, 20 IS provided by the Seller.

In submitting this bid the Buyers and Seller agree that this bid may be withdrawn up to the time of the bid opening, and that the Buyers have read, understand and agree to the terms and conditions provided as part of the information associated.

Property Description

Prope1¥ I~ " 5 Q . ..1 S/QBd ~,~ Ld tv oJ ,AI 1: Lo+;; Reserve Price f1 i?::t 3()O.~ $ rOo

I

The Buyer shall sign and supply all the following information:

Name M G..v= u t< 0 d f'" tz cL v J , ( . .J Signature m (~ );/ () d <j d. '(0 elL

,j Address r:t7 3 i \fLy (M' ,j K d

Total Bid

Q2-

7 000, /ro

lbs V?l M c k !U D S- f ~ 6 3 7

Phone :2 :d- CJ -t ., 7 Y

UU~Lrl"''' r:Ol,>iTV

\) Wa- 11'1 FOR~IATION TO UUYEll.~ - Hogu c 1.,1""d !'roperties , ter . ~~~E~ U1D !'ROCE J)UHES - October 13, 20lS

I. The [3urleigh Coullty Water ReSt'ure" Di strict, hereaner called the "Sel ler". will receive bids nil the proposa l form below. 1\ 11 blanks on the proposal fM the property being bid on Illllst be appropriatelv fi lled in. rhe bid must be signed and placed in a sca led envelope add ressed to ··Ullrlei;..:h Count)! 1I'00er Resuurce Dis/ric:!" with tht: property being bid on clea rl y identified 011 tht.: \Iubidt: of the envelope and in tin: space provided be low. On ly one bid is allo\\cd per c:.: nvclopc. Dids on Illu ltip le prorcrtie!> shall be ca~h placet! in separate envelopes, and marked :lc('l)rdin gly.

Scaled bids shall nt' delivered ~i lh~r by mail or ill person to: Bliss Law i'irm, 1.1 ,e. 400 Fast Hr"ad"a~ .'\ 'elllle. Suite JOR. Bi,m'lf'ek. ND 58502-4126 (701-223-5769) ulltil 5 pm (eDT) lilt.' dil} hc f,)!'c the bid, or they may be delivered in person at the time and place nutcu ror the bill opcning. Till' sca led bids 1,.\'11' be opcned during a specia l meeting of the Burleigh County Wnkr Rcsourr..:c District on November 10,2015 at 12 o'clock rhJnn. he ld in the Tom Baker \!ceting Room, City/County Iluild ing 221 North 5'" Street. Bi,marck, ND 5850 1.1 he top live HidJcrs wil l have all OrpUl1.unil), 10 increase their hid:, ill Ihal time.

I hr.: St:llcr rcsc rn:~ the right to n:jc:ct :lJlY and nil bids, ttl waive any irreglilarities and inh.:mJs to awaru the bids at the conclu.'~ion 0(' the bidding on all propen ies and consideration of limd l",ls. The rWWRD reserves the rwt to not se ll allY or all properties, if the reserve price I;:'r C,!<jl and t,'vcry prom:rtv has 110t becn llle L.

1. lJu.vers shull sat isfy themselves as 10 til.: local conditions affecting the pl\)perty, including the limitaJions and n.:'\l riclions as uutl ined in the lerms and conditiolls.

I'nOI'OSAL I'ht: Buy~r;.; hereby l;cnify th(tt they havl! per~tJllall:- examined the rropalY lind ph'll;'\,; lite f\)Jlowi ng bid UI1 the property indicated below. nnd accept the terms and condit ions dated Octo her 1.1.2015 provided hy the Se ller.

In submitting this bid the Buyers :lnd Scllt;r agree thnt this bid may be withdrawn up to the timt: or dl<: bid opening, and that the l.3l1ycrs 'have rcau, IInJcr~tnlld and agn.:e 10 the terms tllld t.:ullditions prO\ Ideu as part of the informHt ion associated.

Tota l Bid ------

rhe BU)'t'r- sha ll :-; ign and slippl: all (he f\)lIowing inrormation:

Name C(2AV::> JOl-tNSotv' (t(Ot(!J 6rc) ~, 4.~~..n'\..-------'~'

~3ta 1 C~s.hol_rr1 TeL Signature

Add ress

el~MA:gy:._&Q.. ~~3 __ _ PhOtll' 701 -ZSS- 3)q{

-i

1 I

I ! ,

INFOI~MATI()N TO BUYE'~S - f10gllc ' ,I;1IHI Properties

BID I'HOCEOUHES - October 13, 2015

The t1urkigh Cou nt y \Va tc' r ResoUl"n.! Districl. hCl'cllft..:: 1' cn llco the "Seller" , will receive bids nn the proposol forlll nololl. All olnn", on Ihe proposal fe> r the properly being bid on must be appropriately filled in. Thl: hid nlll"t be signed nn(! placed in n sca h.:d envelope addressed Lo

"!J"r!(Jlgh Countl' Wott'r Resource /)i5Iricr" wilh the property being bid on clearly identified \)n the I'ubidc tl/" th(' cnvetopl.' and Jrl Ihl! space pro\"iJcd below. Onl) one bid is allo\\cd per cJlve lope. Dlds on Illul liple propcrtic~ sha ll be caell placed in separate envelopes, and ITlcukcd :Ic('o rd illgl y.

o Scaled bids shall be deli vered either by mail olr in person 10: Bli ss Law Fi rm , I,Le, 400 I:asl Broadway i\ venue . Sui le JOR, nismarck. NO 5850"-4 126 (701-223-5769) unlil 5 pm (CDT) the dily he fore the hid, or the)' mu;.-' be de li vered in person m the time and place notet.l for the bid opening. The sca lt;!u bid .. will be ore ned during a special mt;cting of the Hurlc igh COllnty V/atc.:r Resource District 011 No\'cmher 10.2015 til 12 o'clock noon. held in tile Tom fJaker vkc ling R(hl l11. CilylCoun ly Iluildlng 2:1 NOl1h 5'" Sired, i3 i,marck, ND 58501.1 holOp live n iddc.:rs will h,.I\ Gall llpptll1unit) 10 im:lcnse tlll'ir bids at tha t li me.

1. I he St:lkr rcscrvc!-. the ri ght 10 rL'j c.:cl any nnd 1.111 bids. 1\) waive.:: any irregularities and intt:nds hi award the bids ~H Ihe concl usion of the bidding on all propenies and considerati on of (i n,ll hid,. rhe I1 CW RD..rcscrvcs lhe rig/]Llo not se ll _any 0T all prorcl1ies, if the reserve price IQl Ciu; /L(lnd evcr" pnlpcrtv has lIot been mel.

4. Bu yers shall sati sfy themselves as 10 the local condit ions affecti ng the propaty. including the lilll llHlions a nd rc,tri..:tiort..; (1'; outl ined in Ihe term>; and conditions.

1'IWI'USAL rht: l3uyers hCfl' hy (;cllify lhat III!.:) ha\\: pcrsunall~ examined the propert), and place the li) l1owing bid Oil the property incli c:lIcd ht.:lo\\'. and :lceep! the (t.TI1l~ and cond itions dated October I;. 201 ~ rn)vi(kd by thl.: C;;;clh:r.

In submItti ng th i:, bid lh<: l3u~'('rs and Sclkr agree tbnl this bid may be withd rawn up 10 the tllnt uf the hid opening. and II'Hit the L.3uycrs have rC<.Ili. undcrstilnd :llld agrt.'c to the terms and (;(JIldi!ion~ provided as pa r1 of the information associated.

~ - - Property Descri~::;;_ - - -- - -1 ·· Tota l Bid --_.-._,

I Prop:'; WT0 &<-d70Ti...'?:.:!i. 8~Id·-r- /'"' ,-- - . - - - - - J21 ~II.U-- $ IRC/, 00 7. CO • Reserve Pnce _ _____ _________ _ )

rile Hu:vcr shall sign <llld supply all the f~)II()willg inf()rmUlion:

Signature

Add ress

Phone

: BURLEIC~ I I COU NTY

, J i INFORMA nON TO BUYERS - Hogue Island Properties water '

Resourcel BID PROCEDURES - October 13, 2015 OISTRtC~

I. The Burleigh County Water Resource District, hereafter called the "Seller", will receive bids on the proposal form be low. All blanks on the proposa l for the property being bid on must be appropriately filled in . The bid must be signed and placed in a sealed envelope addressed to "Burleigh County Water Resource DisiricI" with the property being bid on clearly identified on the outside of the envelope and in the space provided below. Only one bid is allowed per envelope. Bids on multiple properties shall be each placed in separate envelopes, and marked accordingly.

2. Sealed bids shall be deli vered either by mail or in person to: Bliss Law Firm, LLC, 400 East Broadway Avenue, Suite 308, Bismarck, NO 58502-4126 (701-223-5769) unti l 5 pm (COT) the day before the bid , or they may be del ivered in person at the time and place noted for the bid open ing. The sealed bids w ill be opened during a spec ial meeting of the Burleigh County Water Resource District on November 10,2015 at 12 o'c lock noon, held in the Tom Baker Meeting Room, City/County Building 221 North 5th Street, Bismarck, ND 5850 I. The top five Bidders will have an opportunity to increase their bids at that time.

3. The Seller reserves the right to reject any and all bids, to waive any irregularities and intends to award the bids at the conclusion of the bidding on all properties and consideration of final bids. The BCWRD reserves the right to not se ll any or all properties, if the reserve price for each and every property has not been met.

4. Buyers shall satisfy themselves as to the local conditions affecting the property, including the limitations and restri ctions as outlined in the terms and cond itions.

PROPOSAL The Buyers hereby certify that they have personally examined the property and place the fo llowing bid on the property indicated below, and accept the terms and cond itions dated October 13, 2015 provided by the Seller.

In submitting this bid the Buyers and Seller agree that this bid may be withdrawn up to the time of the bid open ing, and that the Buyers have read , understand and agree to the terms and conditions provided as part of the information associated.

Property Description Total Bid

Property ~I t. I- N){ lrf- S- 3/0:)::: ( ~ "'2. , --s. 0 0

$ OOJ DD(o,OO Reserve Price

The Buyer shall sign and suppl y a ll the following infomlation:

Name

Signature

Address

Phone (0 I , (/ ,

, SURLEIGH .J COUNTY

.J \¥.iter '

INFORMATION TO BUYERS - Hogue Island Propert ies

Resource! BID PROCEDURES - October 13, 2015 OISTRIC.:J1 ------------------------------

I . The Burle igh County Water Resource District, hereafter called the "Seller", will receive bids on the proposal form below. All blanks on the proposal for the property being bid on must be appropriate ly fi ll ed in. The bid must be signed and placed in a sealed envelope addressed to "Burleigh County Water Resource Dis/ric!" with the property being bid on clearly identified on the outside of the envelope and in the space provided below. Only one bid is a llowed per envelope. Bids on multiple properties sha ll be each placed in separate envelopes, and marked accord ingly.

2. Sealed bids shall be de li vered either by mail or in person to : Bliss Law Firm , LLC, 400 East Broadway Avenue, Su ite 308, Bismarck, NO 58502A I26 (701,223 , 5769) until 5 pm (COT) the day before the bid , or they may be delivered in person at the time and place noted for the bid open ing. The sealed bids w ill be opened durin g a special meeting of the Burleigh County Water Resource District on November 10,2015 at 12 o ' clock noon, held in the Tom Baker Meeting Room, City/County Building 221 North 5th Street, Bismarck, NO 5850 I . The top five Bidders wi ll have an opportunity to increase the ir bids at that time.

3. The Se ll er reserves the right to reject any and all bids, to wa ive any irregu larit ies and intends to award the bids at the conclusion of the bidding on a ll properties and consideration of final bids. The BCWRO reserves the right to not se ll any or all properties, if the reserve price for each and every property has not been met.

4. Buyers shall satisfy themselves as to the local conditions affecting the property, including the limitations and restrictions as outlined in the terms and conditions .

PROPOSAL The Buyers hereby certify that they have personally exam ined the property and place the fo llowing bid on the property ind icated below, and accept the terms and conditions dated October 13,20 15 provided by the Seller.

In submitting this bid the Buyers and Sell er agree that thi s bid may be withdrawn up to the time of the bid opening, and that the Buyers have read, understand and agree to the terms and conditions provided as part of the informat ion associated.


Property Lei:. fa til.1d /I.J 1/ 2 <2 i !.PIS i3/n "'-I , $ ~ t7, tJ t7S',CJ cJ

" £;<,,100 Reserve Price ,

The Buyer shall sign and supply all the following information :

Name

Signature

Address

Phone 7 0 / - 5';;17- (." 0..3

acUiZ'iYHl INFORMATION TO BUYERS - Hogue Island Properties

nWater , ru;source! BID PROCEDURES - October 13, 2015 • D,sTR,c~11

I, The Burleigh County Water Resource District, hereafter called the "Seller", will receive bids on the proposal form below, All blanks on the proposal for the property being bid on must be appropriately filled in. The bid must be signed and placed in a sealed envelope addressed to "Burleigh County Water Resource District" with the property being bid on clearly identified on the outside of the envelope and in the space provided below, Only one bid is allowed per envelope, Bids on multiple properties shall be each placed in separate envelopes, and marked accordingly.

2, Sealed bids shall be delivered either by mail or in person to: Bliss Law Firm, LLC, 400 East Broadway Avenue, Suite 308, Bismarck, ND 58502-4126 (701-223-5769) until 5 pm (CDT) the day before the bid, or they may be delivered in person at the time and place noted for the bid opening. The sealed bids will be opened during a special meeting of the Burleigh County Water Resource District on November 10,2015 at 12 o'clock noon, held in the Tom Baker Meeting Room, City/County Building 221 North 5th Street, Bismarck, ND 58501. The top five Bidders will have an opportunity to increase their bids at that time.

3, The Seller reserves the right to reject any and all bids, to waive any irregularities and intends to award the bids at the conclusion of the bidding on all properties and consideration of final bids. The BCWRD reserves the right to not sell any or all properties, if the reserve price for each and every proRerty has not been met.

4, Buyers shall satisfy themselves as to the local conditions affecting the property, including the limitations and restrictions as outlined in the terms and conditions.

PROPOSAL The Buyers hereby certify that they have personally examined the property and place the following bid on the property indicated below, and accept the terms and conditions dated October 13,2015 provided by the Seller.



Property :f.. tY:t: (P fVl<JN .f6-"6 :t:d 5 a.! (? I :5" ~ .-A

0-0 $ ::&. <) £>{;) f)

.----r"

Reserve Price $ g2.) 30D. 00 ~~ '7


kAi\EN 13, = Name

Signature

Address

Phone

14M ~ R.cL I;j~. 1kv~If;)f-/)f?67B 10! - ,~-2 7- 373 i

r;;;;;;;:;;';;;J ! -bOUNTY

~"" Q, INFORMATION TO BUYERS - Hogue Island Properties

water Resource BID PROCEDURES - October 13, 2015

'. ~~.~:~Z{j -------------------------------

L The Burleigh County Water ReSOlll'ce District, hereaHer called the "Seller", will receive bids on the proposal form below, All blanks on the proposal for the property being bid on must be appropriately filled in, The bid must be signed and placed in a sealed envelope addressed to "Burleigh Counly WaleI' Resource Dis/rict" with the property being bid on clearly identilled on the outside of the envelope and in the space provided below, Only one bid is allowed per envelope, Bids on multiple properties shall be each placed in separate envelopes, and marked accordingly.

2, Sealed bids shall be delivered either by mail or in person to: Bliss Law Firm, LLC, 400 East Broadway Avenue, Suite 308, Bismarck, ND 58502-4126 (701-223-5769) until 5 pm (COT) the clay before the bid, or they may be delivered in person at the time ancl place noted for the bid opening, The sealed bids will be opened during a special meeting of tile Burleigh County Water Resource DistL'iet on November 10, 2015 at 12 o'clock noon, held in the Tom Baker Meeting Room, City/County Building 221 North 5'h Street, Bismarck, NO 58501, The top Ilve Bidders will have an opportunity to increase their bids at that time,

3, The Seller reserves the right to l'cjecl any and all bids, to waive any irregularities and intends to award the bids at the conclusion of the bidding on all properties and consideration of final bids, The I3CWRD reserves the right to not sell any or all properties, if the reserve price for each 3119, every property has not been mel,

4, Buyers shall satisfy themselves as to the local eonditions affecting the properly, including the limitations and restrictions as outlined in the terms and conditions.

PROPOSAL The B.uyer~ hereby certily that they have personally examined the property and place the Jollowll1g bLd on the propelty indicated below, and accept the terms and conditions dated October 13,2015 provided by the Seller.

In SUbmitting this bid the Buyers and Seller agree that this bid lJlay be withdrawn up to the time of the ~Ld 0pcLllng, ",:d that the B:Lyers have read, underst.and and agree to the terms and conditions jlLOVlded as parl of the mfonnatIOn associated.

t ====ProP0~[)~sGription - - Total Bid --] "U~c"Y l_~-\' 1- ~.,'.!, ,,\ L ,'C'-\'-,' C:,' ''',-I' I( -L'- -~ _______ ' ____ - - . (.' -. l'r'\·- \ \.j ac _ D a

Reserve Price -'--,-" '--"-----,-- $ I? 0 0 0

-"-,-- 'So, 'oj -II, U-c "'" pel The Buyel' shall sign and supply all the following information:

Name S~~)'1.l' _\<"~c~; dsC Signature ~lf'-7{ ,c;L/ - '--"-------Address

Phone

Jr-BURLEIGH 'j

COUNTY l INFORMATION TO BUYERS - Hogue Island Properties

?Re~~~ice' BID PROCEDURES - October 13, 2015 ~'STR'C) _____________________________ _ I. The Burleigh County Water Resource District, hereafter called the "Seller", will receive bids

on the proposal form below. All blanks on the proposal for the property being bid on must be appropriately filled in. The bid must be signed and placed in a sealed envelope addressed to "Burleigh County Water Resource District" with the property being bid on clearly identified on the outside of the envelope and in the space provided below. Only one bid is allowed per envelope. Bids on multiple properties shall be each placed in separate envelopes, and marked accordingly.

2. Sealed bids shall be delivered either by mail or in person to: Bliss Law Firm, LLC, 400 East Broadway Avenue, Suite 308, Bismarck, ND 58502-4126 (701-223-5769) until 5 pm (CDT) the day before the bid, or they may be delivered in person at the time and place noted for the bid opening. The sealed bids will be opened during a special meeting of the Burleigh County Water Resource District on November 10,2015 at 12 o'clock noon, held in the Tom Baker Meeting Room, City/County Building 221 North 5th Street, Bismarck, ND 58501. The top five Bidders will have an opportunity to increase their bids at that time.

3. The Seller reserves the right to reject any and all bids, to waive any irregularities and intends to award the bids at the conclusion of the bidding on all properties and consideration of final bids. The BCWRD reserves the right to not sell any or all propeliies, if the reserve price for each and every property has not been met.


PROPOSAL The Buyers hereby certify that they have personally examined the property and place the following bid on the propel1y indicated below, and accept the terms and conditions dated October 13,2015 provided by the Seller.


Propertv Description Total Bid

Property ,ft~ J ~I D. \3~iUW 2 {)t12~ tJp $ 4513DO.

$ Reserve Price ,


Name s.:rv - :t!~ G, ¥ / kl+8.EtJ G.· HC2\A6

7f&U{0~. CJ'(--;'O ~ pJ W, f3~ / '12 lb. ~8.5 05- 92.02-

7 Phone 701- 527-3731 - f2eLL

Address

INFORMATION TO BUYERS - Hogue Island Properties

BID PROCEDURES - October 13, 2015

I. The Burleigh County Water Resource District, hereafter ca ll ed the "Selle r" , will rece ive bids on the proposa l form below. All blanks on the proposal fo r the property being bid on must be appropriatel y fi ll ed in. The bid must be signed and placed in a sealed enve lope addressed to "Burleigh County Water Resource District" with the propelty being bid on clearly identified on the outs ide of the envelope and in the space prov ided below. Only one bid is a llowed per enve lope. Bids on mUltiple properties shall be each placed in separate envelopes, and ma rked acco rdingl y.

2. Sealed bids shall be delivered either by mail or in person to: Bli ss Law Finn , LLC, 400 East Broadway Avenue, Suite 308, Bismarck, ND 58502-4126 (701-223-5769) until 5 pm (CDT) the day befo re the bid, or they may be delivered in person at the time and place noted for the bid opening. The sealed bids will be opened during a special meeting of the Bur leigh County Water Resource District on November 10, 20 15 at 12 o'clock noon, he ld in the Tom Baker Meeting Room, City/County Building 221 North 5th Street, Bismarck, ND 58501. The top five Bidders w ill have an opportunity to increase their bids at that time .

3. The Seller reserves the right to reject any and a ll bids, to waive any irregularities and intends to award the bids at the conclusion of the bidding on a ll properties and consideration of final bids. The BCWRD reserves the right to not se ll any or a ll properties, if the reserve price for each and every property has not been met.


PROPOSAL The Buyers hereby certify that they have personally examined the property and place the fo llowing bid on the property indicated below, and accept the terms and conditions dated October 13,20 15 provided by the Seller.

In submitt ing' this bid the Buyers and Seller agree that this bid may be withdrawn up to the time of the bid open ing, and that the Buyers have read, understand and agree to the terms and cond itions provided as part of the in formatio n assoc iated.


Property ~t I , f3 Jo.:J::. l 4 6) J CO $ 1,°00

ReseNe Price

The Buyer shall sign and supply all the following in formation:

Name

Signature

Address

Phone

'vi o..V'I6...

6 ".s ma vc)::: tJb 58503

r~~ .. '.G)~l ! COUNTY

?~~ V (J INFORMATION TO BUYERS - Hogue Island J>roperties

\5£~~£d l3lD }'ROCIWURES - October 13, 2015

1. The Burleigh County Water R.esource District, hereafter called the "Seller", will receive bids on the proposal (mn below. All blanks 011 the proposal for the property being bid on must be appropriately filled in. The bid must be signed and placed in a scaled envelope addressed to "Burleigh Counly Waler Resource Dislricl" with the property being bid on clearly identified on the outside of the envelope and in the space provided below. Only onc bid is allowcd pcr envelope. Bids on mUltiple properties shall be each placed in separate envelopes, and mal'i,ed accordingly.

2. Scaled bids shall be delivercd either by mail or in person to: Bliss Law Finn, LLC, 400 East Broadway Avenue, Suite 308, Bismarck, NO 58502~4126 (70 J ~223~5769) until 5 1'111 (COT) the day before the bid, or they may be dclivel'ed in person at the timc ancl place notcd for the bicl opening. The sealed bids will be opened during a speeiall11ccting of the Burleigh County Water Resource District on November 10, 2015 at 12 0 'clock noon, held in the '1'0111 Baker Meeting Room, City/County Building 22J North 5'" Street, Bismarck, ND 5850J. The top fiye Bidders will havc an opportunity to increase their bids at that time.

3. The Seller reserves the right to reject any ancl all bids, to waive any irregularitks and intends to award the bids at thc conclusion of the bidding on all properties ancl consideration of final bids. The BCWRD reservesthe right to not sell any oL~JIJlLQJlerties. if the l'esel'v~J)riee for !eaeh and every J2[Qperty has not been mct.

It Buyers shall satisfy tllemselves as to the local conditions affecting the property, including the limitations and restrictions as outlined in the terms and conditions.

PROI'OSAL The Buyers hereby certify that they have pcrsonally examined the property and plaee the following bid on the properly indicated below, and accept the terms and conditions dated October 13,2015 provided by the Seller.

In submitting this bid the Buyers and Seller agree that this bid may be withdrawn ujl to the time of the bid opening, and that the Buyers have read, understand and agree (0 the terms and conditions prOVided as part of the information associated.

Name

Signature

. Address

Phone

I BURLEIGH I COU NTY

J I INFORMATION TO BUYERS - Hogue Island Properties Weiter '

Resourcel BID PROCEDURES - October 13, 20lS OfSTRIC~

I. The Burle igh County Water Resource District, hereafter ca lled the "Seller" , will receive bids on the proposal form below. A ll blanks on the proposa l for the property being bid on must be appropriate ly fil led in. The bid must be signed and placed in a sea led envelope addressed to "Burleigh COl/my Water Resource District" wi th the property being bid on clearly identified on the outs ide of the enve lope and in the space provided below. Only one bid is allowed per envelope. Bids o n mu ltiple properties sha ll be each placed in separate envelopes, and marked accordingly.

2. Sealed bids sha ll be de li vered e ither by mai l or in person to: Bl iss Law Firm, LLC, 400 East Broadway Avenue, Suite 308, Bismarck, NO 58502-4 126 (70 I ,223,5769) until 5 pm (COT) the day before the bid, or they may be delivered in person at the time and place noted for the bid opening. The sealed bids will be opened during a special meeting of the Burleigh County Water Resource District on November 10, 2015 at 12 o'c lock noon, held in the Tom Baker Meeting Room, City/Co unty Building 221 North 5th Street, Bismarck, NO 58501. The top five Bidders will have an opportun ity to increase their bids at that time.

3. The Seller reserves the right to reject any and all bids, to waive any irregu larities and intends to award the bids at the conclusion of the bidding on all propel1ies and cons ideration of final bids. The BCWRD reserves the right to not se ll any or all properties. if the reserve price for each and every property has not been met.


PROPOSAL The Buyers hereby certify that they have personally examined the property and place the following bid on the property indicated below, and accept the terms and conditions dated October 13, 2015 provided by the Seller.

In submitting this bid the Buyers and Seller agree that thi s bid may be withdrawn up to the time of the bid opening, and that the Buyers have read, understand and agree to the terms and cond itions provided as part of the informat ion associated .


Property L",+ \ f?, \ () (....~ \ '1 '0 f ~OO

$ 1 ~ \ 00-Reserve Price

The Buyer shall s ign and suppl y all the followi ng information:

M:~~ 06~~~~~~ ____ _ ~/ C' ~ ~

Name

Signature

Address

Phone ) \ i



I. The Burleigh County Water Resource District, hereafter called the "Seller", will receive bids on the proposal form below. All blanks on the proposal for the property being bid on must be appropriately filled in. The bid must be signed and placed in a sealed envelope addressed to "Burleigh County Water Resource District" with the property being bid on clearly identified on the outside of the envelope and in the space provided below. Only one bid is allowed per envelope. Bids on mUltiple properties shall be each placed in separate envelopes, and marked accordingly.

2. Sealed bids shall be delivered either by mail or in person to: Bliss Law Firm, LLC, 400 East Broadway Avenue, Suite 308, Bismarck, NO 58502-4126 (701-223-5769) until 5 pm (COT) the day before the bid, 01' they may be delivered in person at the time and place noted for the bid opening. The sealed bids will be opened during a special meeting of the Burleigh County Water Resource District on November 10,2015 at 12 o'clock noon, held in the Tom Baker Meeting Room, City/County Building 221 North 5th Street, Bismarck, NO 58501. The top five Bidders will have an opportunity to increase their bids at that time.

3. The Seller reserves the right to reject any and all bids, to waive any irregularities and intends to award the bids at the conclusion of the bidding on all properties and consideration of final bids. The BCWRD reserves the right to not sell any or all properties. if the reserve price for each and every property has not been met.





Property LDt ~ § N'Y&. l,6t6i£Yi).-L.otIDBl ~ !J Reserve Price f/; '310 I 106 O. 0 C)

$,;l I no. f() • 1


Name ~:':;j;.~ Signature

Addl'ess

Phone 10 1- 62.'7<5731

II 6URLEIGH l COUNTY

.. :..,. INFORMATION TO BUYERS - Hogue Island Properties Water

Resourcel BID PROCEDURES - October 13, 2015 D1STRICT

I. The Burleigh County Water Resource District, hereafter called the "Seller", will receive bids On the proposal form below. All blanks on the proposal for the property being bid on must be appropriately fi lied in. The bid must be signed and placed in a sealed envelope addressed to "Burleigh Counly Waler Resource District" with the propeliy being bid on clearly identified on the outside of the envelope and in the space provided below. Only one bid is allowed per envelope. Bids on multiple properties shall be each placed in separate envelopes, and marked accordingly.

2. Sealed bids shall be delivered either by mail or in person to: Bliss Law Firm, LLC, 400 East Broadway Avenue, Suite 308, Bismarck, NO 58502-4126 (701-223-5769) until 5 pm (COT) the day before the bid, or they may be delivered in person at the time and place noted for the bid opening. The sealed bids will be opened during a special meeting of the Burleigh County Water Resource District on November 10,2015 at 12 o'clock noon, held in the Tom Baker Meeting Room, City/County Building 221 North 5th Street, Bismarck, ND 58501. The top five Bidders will have an opportunity to increase their bids at that time.

3. The Seller reserves the right to reject any and all bids, to waive any irregularities and intends to award the bids at the conclusion of the bidding on all properties and consideration of final bids. The BCWRD reserves the right to not sell any 01' all properties, if the reserve price for each and every property has not been met.




Pro~ert~ DescrlEtion Total Bid

Property \ 0-\-1 4- S )0_ l.v.\- <Q ~\,,'-~ \

52 \..p-DO $ Ir 00'-

Reserve Price \


Name 0\ \:-~ 0 bCJ-4).J" d Signature ~ 2~

~ 7 . Address £ <: 7::C T.,!"..,...d P d

["),rf,/HtVl.-/C /.//) S8 -;;'-D.3

Phone 20 I '1- "2--0 <7-~ I !

\

C.OIJNTY

~U~-lGIGlH

.

:. 0. ". INFORMA nON TO BUYERS - Hogue Island Properties

Resource BID PROCEDURES - October 13,2015 .. Wate~

iulsi-Rrer ____________________________ _

1. The Burleigh County Water Resource Dis!Tict, hereafter called the "Seller", willl'eceive bids on the proposal form below. All blanks on the proposal for the pl'opedy being bid on must be appropriately filled in. The bid must be signed and placed in a sealed envelope addressed to "Burleigh County Weiler Resource Dis/ricl" with the property being bid on clearly identified on the outside of the envelope and in the space provided below, Only one bid is allowed per elwelore. Bids on multiple properties shall be each placed in separate envelopes, and 1l13J'ked accordingly.

2. Sealed bids shaH be delivered either by mail or in person to: Bliss Law Fir'm, LLC, 400 East Broadway Avcnue, Suite 308, Bisl1lllrck, NO 58502-4126 (701-223··5769) untit 5 pm (CDT) the day before the bid, 01' they may be delivered in person at the time and place noted for the bid opening, Tile sealed bids will be open cd during a special meeting of the Bul'leigh County Water Resource District 011 November 10,2015 at 12 o'clock noon, held in the Tom Bakcr Meeting Room, City/County Building 221 North 5th Street, Bismarck, ND 58501. The top fivc Bidders will have an opportunity to increase their bids at that time.

3. The Seller reserves the right to reject any and all bids, to waive any iJ'l'eguiarities and intends to award the bids at the conclusion of the bidding on all properties and consideration of final bids, The BCWRD reserves the right to not sell any 01' all properties, if the reserve price for each and every property has Hot been met.

4. Jju~cr~ shall satisfy.themselves as to the local conditions affecting the property, including the limrtatlOns and restnctions as outlilled in the (ol'mB and conditions.

PROPOSAL The Buyers hereby certify tl t th J • foJlowin bid on the r ; la, ey lave personally examilled the pl'Opelty and place the 13 201 sg· 'd d b PhoPSerty IJ1dlcated below, and accept the terms and conditions dated October

, proVI e y t e eller.

In submitting this bid the Buyers a ld S II .' , 11", bld "1'""'''5 and that .tl J] I 1 e e. l' ". gree that tillS b](f may be withdrawn up to the time of

• ' 1.(.') . \.lyOJ.'~! 1~"'" r,soAd 1 ri t d proVided as patt oftlle infonnation associated . In ers an and "(!ree to the terms and conditions

.~

e-. Property Description

~"'+ Total Bid PronF.!rty 7 <tt:2J ;, :b o-t' )~~+ 1i) ._, .... I:, Jock I'· .~~

...... _ ... 00 Reserve Price :tJ 7 (/(';11:.1

~ ""-<J "'I" 'Tho"-'''I-'J TheBu e' .

Na!l1e

y 1 shall Slgn and Sllpply all the following information:

~ ~ ---Ii L h i oler-t{. ~jv-~ ,

Signature

Address <QioD0 .E:S/AiUd f'D4d

13, '" /l) 121 5:8-:;; 63

Phone

j

j

j

j

j

j

j

j

j

j

j

j

j

j

j

j

j

j



I. The Burleigh County Water Resource District, hereafter called the "Seller", will receive bids on the proposal form below. All blanks on the proposal for the property being bid on must be appropriately filled in. The bid must be signed and placed in a sealed envelope addressed to "Burleigh County Water Resource District" with the property being bid on clearly identified on the outside of the envelope and in the space provided below. Only one bid is allowed per envelope. Bids on multiple properties shall be each placed in separate envelopes, and marked accordingly.


3. The Seller reserves the right to reject any and all bids, to waive any irregularities and intends to award the bids at the conclusion of the bidding on all properties and consideration of final bids. The BCWRD reserves the right to not sell any or all properties. if the reserve price for each and every property has not been met.





Property /.Jit 7 ~ s,Y:A. ~ t£t g ~lG9rR.Y $ '2.' ()()CLl ~

Reserve Price4J' SZ) ro/)CJ. ()D


Name

Signature

Address

Phone

KAREN G. fmsLLt

~'~RdWe.5f f3 ~AMJc. AI: £ $f?5(J 5- q~()2. 'To /- 5'~7·- :573) &.U-

COUNTY I· aUR";G" l .. J INFORMATION TO BUYERS - Hogue Island Properties

Water Resourcel BID PROCEDURES - October 13,2015

DISTfl:IC,

I. The Burleigh County Water Resource District, hereafter called the "Seller", will receive bids on the proposal form below. All blanks on the proposal for the property being bid on must be appropriately filled in. The bid must be signed and placed in a sealed envelope addressed to "Burleigh County Water Resource District" with the property being bid on clearly identified on the outside of the envelope and in the space provided below. Only one bid is allowed per envelope. Bids on mUltiple properties shall be each placed in separate envelopes, and marked accordingly.

2. Sealed bids shall be delivered either by mail or in person to: Bliss Law Firm, LLC, 400 East Broadway Avenue, Suite 308, Bismarck, NO 58502-4126 (701-223-5769) until 5 pm (COT) the day before the bid, or they may be delivered in person at the time and place noted for the bid opening. The sealed bids will be opened during a special meeting of the Burleigh County Water Resource District on November 10,2015 at 12 o'clock noon, held in the Tom Baker Meeting Room, City/County Building 221 North 5th Street, Bismarck, NO 58501. The top five Bidders will have an opportunity to increase their bids at that time ..

3. The Seller reserves the right to reject any and all bids, to waive any irregularities and intends to award the bids at the conclusion of the bidding on all properties and consideration of final bids. The BCWRD reserves the right to not sell any or all properties, if the reserve price for each and every propelty has not been met.




Prop"erty Descrl"tion

Property (od ,)0 Yz l·f- 1i' >1l. lot- ) (;

~'"-, ~O $

ReseNe Price


Name

Signature

Address

Phone

Total Sid

( I 0 () T

~

INFORMATION TO BUYERS - Hogue Islaud Pl'Opcl'ties


J. 11,e Burleigh County Water Resource District, hereafter called the "Seller", will receive bids on the proposal form below. All blanks on the proposal for the property being bid on must be appropriately filled in. The bid must be signed and placed in a sealed envelope addressed to "Burleigh County Water Resource District" with the property being bid on clearly identified on the outside of the envelope and in the space provided below.· Only one bid is allowed pel' envelope. Bids on multiple properties shall be each placed in separate envelopes, and marked accordingly.

2. Sealed bids shall be delivered either by mail or in perSall to: Bliss Law Finn, LLC, 400 East Broadway Avenue, Suite 308, Bismarck, ND 58502-4126 (701-223-5769) untit5 pm (CDT) the day before the bid, or they may be delivered in person at the time and place noted for the bid opening. The sealed bids will be opened during a special meetir1g of the Bul'ieigh County Water Resource District on November 10, 2015 at 12 o'clock noon, held in thc Tom Baker Meeting Room, City/County Building 221 Nol'th 5'h Street, Bismarck, ND 58501. The top five Bidders will have an opportunity to illerease their bids at that time.

3. The Seller reserves the right to reject any and all bids, to waive any iJ'l'eglllarities and intends to award the bids at the concltlSion of the bidding on aU properties and consideration of final bids. The BCWRD reserves the right to not sell an)' or all propertics, if the reserve price for each and every property has not been met.


PROPOSAL The Buyers hereby certify that they have pel'sonally examined the property and place the following bid on the propelty indicated below, and accept the ter1l1S and conditions dated October 13,2015 provided by the Seller.

In stlbmitting this bid the Buyers and Seller agree that this bid may be withdrawn up to the time of the bid opening, and that the Buyers have read, understand and agree to the terms and conditions provided as palt of the information associated.

Prop~riV Description Total Bid Property Loi- 'fC\ j0 cJI I\J ~ D(: 10-1- <t, -\- 'So t Ct Lu{I p i!,Ju",k '::j.

,-- $ B"co S~ Reserve Price

~:" h\ \'\--0'-1 '-hila .-

The Buyer shall sign a~;9 tlpply alVhrollowing information: ./ //

Name ~/ ,~ ~l1.<"1,(,~i$ckd{'/" / Signature ? ~ I,

Address fj'0='D to .::z:s,,:4,v c I ,<{ "" Ire! -.!}_":; tV 0 S' 'S S0.3-

-=:--~-----Phone 10/- '2.2. (.,. t.! L '-IS

.-



1. The Burleigh County Water Resource District, hereafter called the "Seller", will receive bids on the proposal form below. All blanks on the proposal for the property being bid on must be appropriately filled in. The bid must be signed and placed in a sealed envelope addressed to "Burleigh County Water Resource District" with the property being bid on clearly identified on the outside of the envelope and in the space provided below. Only one bid is allowed per envelope. Bids on multiple properties shall be each placed in separate envelopes, and marked accordingly.


3. The Seller reserves the right to reject any and all bids, to waive any irregularities and intends to award the bids at the conclusion of the bidding on all properties and consideration of final bids. The BCWRD reserves the right to not sell any or all properties, if the reserve price for each and every property has not been met.





Property Lot 7 {{Ll/I... j'Z Ltli J' .!5/ack. / 5;{, i,tJtJ

$ / ()t. tJ ClO Reserve Price


Name

Signature

Address

Phone

Bf~ft)::zn(/s

&.sm aj~ f'L tl!Q .!d~ 15 () 3 'I/)I - 07t);/ 1,-/.34



I. The Burleigh County Water Resource District, hereafter called the "Seller", will receive bids on the proposal form below. All blanks on the proposal for the property being bid on must be appl'opriately filled in. The bid must be signed and placed in a sealed envelope addressed to "Burleigh County Water Resource District" with the property being bid on clearly identified on the outside of the envelope and in the space provided below. Only one bid is allowed per envelope. Bids on multiple properties shall be each placed in separate envelopes, and marked accordingly.

2. Sealed bids shall be delivered either by mail or in person to: Bliss Law Firm, LLC, 400 East Broadway Avenue, Suite 308, Bismarck, NO 58502-4126 (701-223-5769) until 5 pm (COT) the day before the bid, or they may be delivered in person at the time and place noted for the bid opening. The sealed bids will be opened during a special meeting of the Burleigh County Water ResoUl'ce District on November 10,2015 at 12 o'clock noon, held in the Tom Bakel' Meeting Room, City/County Building 221 North 5th Street, Bismarck, NO 58501. The top five Bidders will have an opportunity to increase their bids at that time.

3. The Seller reserves the right to reject any and all bids, to waive any irregularities and intends to award the bids at the conclusion of the bidding on all properties and consideration of final bids. The BCWRD reserves the right to not sell any or all properties, if the reserve price for each and every property has not been met.





Property /..c;f- 7 d.nd S f.d. fL/' L(2 f g I3kd I ~aoo. OCJ

1)07, &O{). ()[) $ Reserve Price


Name :r Signature

Address

Phone



I. The Burleigh County Water Resource District, hereafter called the "Seller", will receive bids on the proposal form below. All blanks on the proposal for the property being bid on must bc appropriately filled in. The bid must be signed and placed in a sealed envelope addressed to "Burleigh County Waler Resource District" with the propelty being bid on clearly identified on the outside of the envelope and in the space provided below. Only one bid is allowed per envelope. Bids on multiple propelties shall be each placed in separate envelopes, and marked accordingly.

2. Sealed bids shall be delivered either by mail or in person to: Bliss Law Firm, LLC, 400 East Broadway Avenue, Suite 308, Bismarck, NO 58502-4126 (701-223-5769) until 5 pm (COT) the day before thc bid, or they may be delivered in person at the time and place noted for the bid opening. The sealed bids will be opened during a special meeting of the Burleigh County Water Resource District on November 10, 2015 at 12 o'clock noon, held in the Tom Baker Meeting Room, City/County Building 221 North 5th Street, Bismarck, ND 58501. The top five Bidders will have an opportunity to increase their bids at that time.

·3. The Seller reserves the right to reject any and all bids, to waive any irregularities and intends to award the bids at the conclusion of the bidding on all properties and consideration of final bids. The BCWRD reserves the right to not sell any or all properties, if the reserve price for each and every property has not been met.



In sUbmitting this bid the Buyers and Seller agree that this bid may be withdrawn up to the time of the bid opening, and that the Buyers have read, understand and agree to the terms and conditions provided as part ofthe information associated.

Prooertv Descrlotlon Total Bid

Property LDr 'l, .. ,.Q~ "" I.er S ·~S Y,& ()F LOIIO

Reserve Price $' 86. "-~D $ d. tJ, .$(J (')

7


Name I. \JNrV m,l/Is ;J

~ Signature ~ Address 991:1 j" sla,t..-d /lMeC

13, '$11\ tV'c IS tV{) :'i~61Y 3 Phone 7&1- .J.0l O~ ' .. ,lill.( ()

NOTE:

Burleigh County Water Resource District Easement Dedication and Deed Restriction

Hogue Island Properties, Burleigh County

THIS DOCUMENT IS UNDER REVIEW BY THE SWC FOR COMPLIANCE WITH AGREEMENT AND SUBJECT TO REVISION.

WHEREAS, the Burleigh County Water Resource District (District) established the Hogue Island Flood Control Project, on December 20, 2011; and,

WHEREAS, the District purchased the following four rural residential flood-damaged properties located within the Riverside Subdivision, Burleigh County, North Dakota,

And,

Lot 1, Block I Lot 6 and NYz of Lot 5 Block I Lot 7 and S Yz of Lot 8 Block I Lot 9 and NYz of Lot 8 and SYZ of Lot 10 Block 1;

WHEREAS, these properties were purchased under a cost share agreement between the District and the North Dakota State Water Commission (NDSWC), using disaster funding appropriated for the 201 I Missouri River flood event provided via a special session of the North Dakota State Legislature, herein incorporated by reference {unrecorded document}; and,

WHEREAS, the residential and other flood damage structures were removed along with unusable infrastructure, and the properties restored to a green space condition along with the restoration or installation of bank stabilization measures, and;

WHEREAS, the Hogue Island residents declined to have the District implement the established flood control project, by general acclamation through public input, and the District dissolved the Hogue Island Flood Control Project on July 8, 2014; and,

WHEREAS, the Hogue Island residents recommended, by general acclamation through public input, that the District auction these properties rather than have them available to transfer for alternative public uses; and,

WHEREAS, the District has authorized the public auction of these properties; and,

WHEREAS, Burleigh County participates in the National Flood Insurance Program [NFIP] and is in good standing with NFIP as of the date of this easement and deed restriction and the NDSWC {Public Funding} agreement requires the District to set conditions that restrict the use of the land to open space in perpetuity in order to protect and preserve natural floodplain values and to allow for their future use for flood control project purposes. These properties are also not eligible for federal Hazard Mitigation Grant (HMGP) funding and flood insurance under the NFIP; and,

WHEREAS, the District purchased these properties for the intended purpose of constructing a flood control project; that such use and value remain with the subject property. Therefore the District has elected to preserve and retain all such rights and authorities on said parcels.

Pagelof3

THEREFORE, the following conditions and restrictions shall apply in perpetuity to the property described above concerning its acquisition for a flood control project and use as open space:

Compatible uses - The property is hereby dedicated under this easement and shall be maintained in perpetuity as open space for the conservation of natural floodplain functions. Such uses may include: outdoor recreational activities; wetlands management; nature reserves; cultivation; grazing; camping; boat docks, parking lots; buffer zones; and other uses consistent with open space acquisition. These uses are also subject to any local subdivision covenants that may exist.

Structures. No new structures can be constructed or improvements shall be erected on the property other than:

The installation of approved public flood control structures and related paved surfaces and bridges.

Structural elements that are compatible with open space, which conserves the natural function of the floodplain, including the uses described above and approved by the District in writing before construction begins.

Any improvements on the property shall be in accordance with proper floodplain management policies and practices, and obtain any applicable federal, state or local floodplain development permits.

Sale or Transfer. Any owner of these properties, including successors in interest, shall be required to comply with the easement and deed restrictions, and notice of such transfer or sale shall be provided to the District. Conveyance of any property interest must refer to and incorporate this easement and deed restrictions, to provide notice of the conditions and provisions contained herein.

Inspection. The District and its representatives and assigns, including the State of North Dakota, shall have the right to enter upon the property, at reasonable times and with reasonable notice, for the purpose of inspection to ensure compliance with the terms of this easement.

Monitoring and Reporting. The owner of the subject property or any person with interests therein shall, prior to any change in the topography, grading or intended use, excluding normal property maintenance and care, report to the District on that change to obtain assurance and approval that such work is acceptable. The final determination on acceptable changes shall lie with the District; and the NDSWC should they determine as the provider of the funding used for purchase to become involved.

Enforcement. The District and their respective representatives, successors and assigns, are responsible for taking measures to bring the property back into compliance, if said property is not maintained according to the terms of this easement. The property owner and subsequent holders of interest therein at the time of enforcement, shall include the following:

Page 2 of3

I. The District will notify the owner or any current holder of the property interest in writing and advise them that they have 60 days to correct the violation.

2. If the owner or any current holder of the property interest fail to demonstrate a good faith effort to come into compliance with the terms of the grant within the 60-day period, the District shall enforce the provisions ofthis easement by taking any measures it deems appropriate, including but not limited to bringing an action at law or in equity in a court of competent jurisdiction; or,

3. The District, its representatives, and assignees may enforce the terms of the easement and deed restrictions by taking any measures it deems appropriate, including but not limited to one or more of the following:

a. The current holder of the property interest shall bear the costs of bringing the property back into compliance with the terms of the easement and deed restriction

b. The District reserves the right to implement compliance measures and assess any and all costs for such work upon the property; or

c. Bringing an action at law or in equity in a court of competent jurisdiction against any or all of the ownership parties and interests in the event that there is a failure to comply with the provisions of this easement and deed restrictions.

30 "<1>-IN WITNESSES WHEREOF, the Grantor has caused this instrument to be executed this __ _ day of November 2015.

Bur~ Resource District

By // ~~ T/rry FleCk,~-STATE OF NORTH DAKOTA )

) ss: COUNTY OF BURLEIGH )

"f\-I-On this 30 day of November 2015, before me, a notary public in and for said county and state, personally appeared Terry Fleck, described in and who has executed the within and foregoing

instrume. NANCY BUECHLER .. Notary PubliC

State of North Dakota \/I /.2 If fl, / My Commission Expi'8s Oct. 'lJ 2011$' , ( 0 AA.£J ~~

.. • ''''''~' N-o-tar-y--:'-P~~"'-lc.:ic':=-'AI--E:::=:":"'-=-----

The legal description was prepared by: Houston Engineering 3712 Lockport Street Bismarck, ND 58503 (701) 323-0200

This document prepared by: David R. Bliss Bliss Law Firm, LLC (10 NO.: 04729) 400 East Broadway Avenue, Suite 308 P.O. Box 4126 Bismarck, ND 58502-4126 (701) 223-5769

Page 3 of3

!1fjf!Lf- )1tt~tf 1-0/3 Burleigh County Water Resource District

Scott D. Wegner Arntson Stewart Wegner PC 380 I Lockport Street, Suite 2 Bismarck, ND 58503-5576

Mike Manstrom

1811 East Thayer Avenue Bismarck, North Dakota 58501

(701) 222·3499 www.bcwrd.org

DOUGHERTY & COMPANY, LLC 102 North 3'd Street, Su ite 125 PO Box 2157 Bismarck, ND 5850 I

Re: Burnt Creek Flood Control Project - Bond Sale Authorization Special Assessment Revenue Bond

Dear Scott and Mike

The Burleigh County Water Resource District at their November 10,2015 meeting authorized the sale of the Special Assessment Revenue Bonds to finance the Burnt Creek Flood Contro l Project. These bonds would be so ld in the amount of $360,000, and based on a 20 year debt serv ice schedule as documented in the information to the Board.

This letter is your authorization to proceed with the sale of these bonds in early 2016. Please keep me informed regarding the scheduling of the sale and the need to sign any related documents.

Thank you for your time and efforts in this matter.

Sincerely,

Dennis Reep, Vice Chairman Burleigh County Water Resource District

C: BCWRD Board Members David Bliss, Bliss Law Firm Michael H. Gunsch, Houston Engineering


Terry Fleck, Chairman, Bismarck 223-9768 Oenms Reap, Vice Chalfman, Bismarck 557-9621 Gordon Weixel, Secrelaryrrreasur9f, Bismarck 258-5390

Greg Larson, Manager, Bismarck 400·721 7 Rick Detwiller, Manager, Bismarck 223-8782

DOUGHERTY & COMPANY LLC

July 1,2015

Mr. Terry Fleck Chairm an Burleigh County Water Resource Distri ct 22 1 North 5th Street Bismarck, ND 5850 1

Dear Terry:

The Burleigh County Water Resource District, ND (the " District") is aware of the " Municipa l Advisor Rule" of the Securit ies and Exchange Commiss ion (eFFective July 1,2014) and the underwriter exclus ion from the definition of "municipa l advisor" for a firm serving as an underwriter for a palticular issuance of muni cipa l securities.

The District wishes to engage Dougherty & Company LLC as the underwriter for the Refunding Improvement Bonds, Seri es 2015 (the " Bonds") that the District currently anticipates issuing. As an underwriter, Doughelty & Company LLC may provide advice to the District on the structure, timing, terms, and other sim ilar matters concerni ng the Bonds.

It is the District 's present intention that Dougherty & Company LLC underwrite the Bonds, subject to sati sFaction of applicable procurement laws, formal approval by the District, finalizing the structure oFthe Bonds and the execution of a mutua lly agreed upon bond purchase agreement. While the District presently engages Dougherty & Company LLC as the underwriter for the Bonds, this engagement letter is preliminary in nature. It is nonbind ing and may be terminated by either the District or Doughelty & Company LLC. Furthermore, this engagement letter does not restrict the District from entering into the proposed or any other municipal securities transaction with any other underwriters or selecting an underwriting syndicate that does not include Dougherty & Company LLC.

Sincerely,

Mike Manstrom DOUGHERTY & COMPANY LLC

RECEIPT ACKNOWLEDGED BY BURLEIGH COUNTY WATER RESOURCE DISTRICT, ND

Nam~ Title: ~ Date: 4 Z/W~~s-

7

120 NORTH THIRD STREET. SUITE 125 . PO Box 2157 • BISMARCK, NORTH DAKOTA 5850 1 701.222. 1616 . 866.793.8618

M EMBER SIPe & FINRA

July 1,2015

Mr. Terry Fleck Chairman

DOUGHERTY & COMPANY LLC

Burleigh County Water Resource District 221 North 5th Street Bismarck, ND 58501

RIO: Refunding Improvement Bonds, Series 2015

Dear Terry:

We are writing this letter to you in connection with Dougherty & Company LLC's (the "Underwriter") obligations under the rules of the Municipal Securities Rulemaking Board (thc "MSRB") and the Securities Exchange Commission (the "SEC") to disclosc to the Burleigh County Watcr Rcsource District, ND (the "Issuer") information concerning our role and other relatcd matters relating to our underwriting of the above-referenced bonds (the "Bond Issue") and relating to risks to which the Issuer may bc cxposcd by entering into the Bond Issue.

Our Role ([s Underwriter In serving as Underwriter for the Bond Issue, thcsc are somc important disclosurcs that clarify our role and responsibilities:

(1) Rule G-17 of the MSRB requires us to deal fairly at all times with issuers, borrowers and investors of municipal bonds;

(2) our primary role in this financing transaction will be to purchasc the Bond Issuc with a view to distribution in an arm's-length commercial transaction with the Issuer and we have financial and other interests that differ t!'om the Issuer's interests;

(3) we arc not serving as a "Municipal Advisor" as defined by the SEC with respect to the Issuer and we do not have a Jlduciary duty to the Issuer under the federal securitics laws and we arc, therefore, not required by federal law to act in the Issuer's best intcrests;

(4) we have a duty to purchase securities li'om thc Issuer at a filir and reasonablc price, but must balancc that duty with our duty to sell the Bond Issue to investors at prices that are fair and rcasonable;

120 NORTH 'i'1-mm STREET. SUlTl~ 125. PO Box 2157 • BISMAf~CK, NORTH DAKOTA 58501 701.222.1616·866.793.8618

MEM13!~R SIPC & FINRA

Burleigh County Water Resource District, ND Julyl,2015 Page 2

(5) we will review the oHlcial statement for the Bond Issue in accordance with, and as part oC our responsibilities to investors under the federal securities laws, as applied to the facts and circumstances of the transaction;

(6) as of the date of this letter, we are relying on the "Underwriter Exemption" included in the SEC's Municipal Advisor rule to meet the objectives of the Issuer under this engagement and as such may provide advice and information in a non-fiduciary capacity relating to structure, timing, terms, and other similar mallers of the Bond Issue such as rating agency presentations, investor discussions, advice regarding marketing without being considered a "Municipal Advisor"; and

(7) the "Underwriter Exemption" is being applied to the Bond Issue because the Issuer has engaged us to serve as underwriter with respect to the particular Bond Issue.

Our Compensation Our compensation for serving as the Underwriter for the Bond Issue will be contingent on thc closing of the transaction and at least a portion of that compensation will be based on the size of the Bond Issue. The rules of the MSRB require us to inform the Issuer that compensation that is contingent on the closing of a transaction or the size of a transaction presents a conflict of interest, because it may cause us to recommend a transaction that IS unnecessary or to recommend that the si!.e of the transaction be larger than is necessary.

Tlte Bond Issue Presents Risks to tlte Issuer As with any Bond Issue, the Issuer's obligation to pay principal and interest will be a contractual obligation that will require the Issuer to make these payments no matter what budget constraints arc encountercd. Furthermore, to the extent that the Issuer agrees in the Bond Issue to rate covenants, clays cash on hand, additional bond/debt tests or other financial covenants, these may constrain the Issuer's ability to operate and to issue additional debt and, if the Issuer does not comply with these covenants, they can result in a default under tbe Bond Issue. Depending on the terms of the Bond Issuc, if the Issuer fails to make a payment of principal or interest or othcrwise fails to comply with the financial and other covcnants relating to the Bond Issue, the bondholders or trustee may havc the right to accelerate all of the payment of principal on the Bond Issue, which means that the Issuer may be required to pay all of the principal of the Bond Issue at that time.

The Bond Issue is structured as an issue of tax-exempt bonds/obligations. This requires that the Issuer comply with various Internal Revenue Service CIRS") requirements and restrictions relating to how to use and invest the proceeds of the Bond Issuc, how the use of any facilities are constructed or improved with procecds of the Bond Issue and other restrictions throughout the term of the Bond Issue. These requirements and restrictions may constrain how the Issuer operates the flnanced facilities. Further, violation of these requirements and restrictions can

Burleigh County Water Resource District, ND Jul y 1, 20 15 Page 3

result in the Bond Issue to become taxable and may cause the Issuer to become li able to the IRS and to the owners of the Bond Issue. In addition, in the event of an audit of the Bond Issue by the IRS, obtaining an independent review of IRS positions with which the Issuer legitimately disagrees is di fficult and may not be practi cable.

We hope that this information has prov ided clarity about our ro le as Underwriter, our compensation and some of the risks that the Issuer may be exposed to in connection with the Bond Issue. I f you have any questions or comments about anything in this letter, please contact us at (866) 793 -86 18.

Sincerely,

Mike Manstrom DOUGHERTY & COMPANY LLC

RECEIPT ACKNOWLEDGED BY BURLEIGH COUNTY WATER RESOURCE DISTRICT, ND

Name: ¢L ZZr Title: $ / Date: //#//.5

~"~"~~~-'--'--'"--'"--~~~-'~''''~'~,,,~,~~~ .. ~~,~,-,~,.-~~o.>"'~~,,~~,~.'~,~<,,~",",_~~~,~,~~,,~ __ ,, "~'''~'.~~~,--'e.~'''_"~,~_"",,~,,,,_~_,,~,,~~~~_~,,~,,,~~" ___ '~~~""'''~_~.~~''_'~'~''_'''~ .. ~.'''.~e_'.

(!()f'i/~ IMA/leo!: j tj/~ / /5

SWC Project No. PSWRDBUR Project Manager: Water Dev.

Agreement for Cost-Share Reimbursement Burleigh County Water Resource District's

Pebble Creek Golf Course-Hay Creek Bank Stabilization Study

October 20 15

1. PARTIES. This agreement is between the State of North Dakota (State), by and through the State Water Commission (Commission), and Burleigh County Water Resource District (District).

2. COMMISSION'S RESPONSIBILITY AND INTENT. Commission must provide District with cost share, not to exceed $22,782, as approved by the Chief Engineer, to reimburse 35% of the actual eligible costs incurred in District's Pebble Creek Golf Course-Hay Creek Bank Stabilization Study (Study), contingent on availability of funds and conditions of this agreement. Commission's intent in providing this funding to District is merely to help District financially afford Study. District retains sole and absolute discretion in the manner and means of carrying out Study, except to the extent specified in this agreement.

3. DISTRICT'S RESPONSIBILITIES. District must:

a. Complete Study. b. Maintain a Study file containing documents and correspondence relevant

to Study generated during the course of Study. State is not responsible for maintaining a Study file.

c. Prior to signature, inform Commission and any other relevant party regarding Study of any errors, misinterpretations, changes, modifications, miscalculations, incorrect Study descriptions, or any other information stated herein that is inaccurate.

d. Provide a complete copy of Study report to Commission.

4. STUDY DESCRIPTION. Bismarck Parks and Recreation District (BPRD) and city of Bismarck (City) have identified a serious concern for damages to public property. A site review has identified an area of significant bank erosion and slope failure on Hay Creek within the Pebble Creek Golf Course, which is owned by BPRD. The current erosion poses a threat for significant damages to public land, including the stream bank, upland slope, a highly used pedestrian trail system, and three private residences east of Arizona Drive. BPRD and City have requested District complete an engineering evaluation of the instability of this bank and define a means to protect public property. Movement of the slope has occurred in the past and was significant in 2015. Protective measures are to be evaluated through a survey and geotechnical evaluation to determine potential solutions, including bank stabilization along Hay Creek and other slope stabilization measures.

5. ELIGIBLE COSTS. Commission has sole discretion to determine eligible costs and availability of Commission funds. Additional information is outlined in Commission's cost-share policy.

1

6. PAYMENT. Commission will make one payment upon receipt and approval of District's written request. District must provide Commission verification of actual costs and a copy of Study with request. A Commission representative may review Study for satisfaction of Commission's cost-share requirements before Commission makes payment to District.

7. INDEMNIFICATION. District must require all subcontractors, other than state employed subcontractors, before commencement of an agreement between District and the subcontractor, to defend, indemnify, and hold harmless the State, from and against claims based on the vicarious liability of the State or its agents, but not against claims based on the State's negligence or intentional misconduct. The legal defense provided by subcontractor to the State under this provision must be free of any conflicts of interest, even if retention of separate legal counsel for the State is necessary. Subcontractor also agrees to defend, indemnify, and hold the State harmless for all costs, expenses, and attorneys' fees incurred if the State prevails in an action against subcontractor in establishing and litigating the indemnification coverage required herein. This obligation continues after the termination of this agreement.

8. INSURANCE. State and District each must secure and keep in force during the term of this agreement, from an insurance company, government self-insurance pool, or government self-retention fund authorized to do business in North Dakota, commercial general liability with minimum limits ofJiability of $250,000 per person and $500,000 per occurrence.

In addition, District must require all subcontractors, other than state employed subcontractors, before commencement of an agreement between District and the subcontractor, to secure and keep in force during the term of this agreement, from insurance compames authorized to do business in North Dakota, the following insurance coverages:

a. Commercial general liability, including premises or operations, contractual, and products or completed operations coverages (if applicable), with minimum liability limits of $250,000 per person and $1,000,000 per occurrence.

b. Automobile liability, including Owned (if any), Hired, and Non-owned automobiles, with minimum liability limits of $250,000 per person and $1,000,000 per occurrence.

c. Workers compensation coverage meeting all statutory requirements. The policy must provide coverage for all states of operation that apply to the performance of this contract.

d. If subcontractor is domiciled outside the State of North Dakota, employer's liability or "stop gap" insurance of not less than $1,000,000 as an endorsement on the workers compensation or commercial general liability insurance.

2

requirements: The insurance coverages listed above must meet the following additional

e. Any deductible or other similar obligation under the policies is the sole responsibility of the subcontractor. The amount of any deductible is subject to approval by the State.

f. This insurance may be in policy or policies of insurance, primary and excess, including the so-called umbrella or catastrophe form, and must be placed with insurers rated "A-" or better by AM. Best Company, Inc., provided any excess policy follows form for coverage. Less than an "A-" rating must be approved by the State. The policies must be in form and terms approved by the State.

g. The duty to defend, indemnifY, and hold harmless the State under this agreement is not limited by the insurance required in this agreement.

h. The State must be endorsed on the commercial general liability policy, including any excess policies, as additional insured. The State must have all the benefits, rights, and coverages of an additional insured under these policies that are not limited to the minimum limits of insurance required by this agreement or by the contractual indemnity obligations of District.

I. The insurance required in this agreement, through a policy or endorsement, must include: (1) A "Waiver of Subrogation" waiving any right to recovery the

insurance company may have against the State; (2) A provision that subcontractor's insurance coverage is primary

(i.e., pay first) as respects any insurance, self-insurance, or selfretention maintained by the State and that any insurance, selfinsurance, or self-retention maintained by the State must be in excess of the subcontractor's insurance and must not contribute with it;

(3) Cross liability/severability of interest for all policies and endorsements;

(4) The legal defense provided to the State under the policy and any endorsements must be free of any conflicts of interest, even if retention of separate legal counsel for the State is necessary;

(5) The insolvency or bankruptcy of the insured subcontractor must not release the insurer from payment under the policy, even when such insolvency or bankruptcy prevents the insured subcontractor from meeting the retention limit under the policy.

J. The subcontractor must furnish a certificate of insurance to Commission before commencement of this agreement. All endorsements must be provided as soon as practicable.

k. Failure to provide insurance as required in this agreement is a material breach of contract entitling the State to terminate this agreement immediately.

\. The subcontractor must provide at least 30 days' notice of any cancellation or material change to the policies or endorsements.

3

9. BREACH. Violation of any provision of this agreement by District constitutes breach of this agreement. A breach obligates District to reimburse Commission for all funds paid to District and relieves Commission of all obligations under this agreement.

10. AGREEMENT BECOMES VOID. This agreement is void if not signed and returned by District within 60 days of Commission's signature.

11. TERMINATION.

a. Commission may terminate this agreement effective upon delivery of written notice to District, or a later date as may be stated in the notice, under any of the following conditions: (1) If Commission determines an emergency exists. (2) If funding from federal, state, or other sources is not obtained and

continued at levels sufficient to provide the funds necessary to comply with this agreement. The parties may modify this agreement to accommodate a reduction in funds.

(3) If federal or state laws or rules are modified or interpreted in a way that the services are no longer allowable or appropriate for purchase under this agreement or are no longer eligible for the funding proposed for payments authorized by this agreement.

(4) If any license, permit, or certificate required by law, rule, or this agreement is denied, revoked, suspended, or not renewed.

(5) If Commission determines that continuing the agreement is no longer necessary or would not produce beneficial results commensurate with the further expenditure of public funds.

b. Any termination of this agreement is without prejudice to any obligations or liabilities of either party already accrued prior to termination.

c. The rights and remedies of any party provided in this agreement are not exclusive.

12. ApPLICABLE LAW AND VENUE. This agreement is governed by and construed under the laws of the State of North Dakota. Any action to enforce this agreement must be adjudicated exclusively in the District Court of Burleigh County, North Dakota.

13. SEVERABILITY. If any term of this agreement is declared by a court having jurisdiction to be illegal or unenforceable, the validity of the remaining terms is unaffected, and if possible, the rights and obligations of the parties are to be construed and enforced as if the agreement did not contain that term.

14. SPOLIATION - PRESERVATION OF EVIDENCE. District agrees to promptly notify Commission of all potential claims that arise or result from this agreement. District must also take all reasonable steps to preserve all physical evidence and infonnation that may be relevant to the circumstances surrounding a potential claim, while maintaining public safety, and grants to

4

Commission the opportunity to review and inspect the evidence, including the scene of an accident.

15. MERGER AND MODIFICA nON. This agreement constitutes the entire agreement between the parties. There are no understandings, agreements, or representations, oral or written, not specified within this agreement. This agreement may not be modified, supplemented, or amended in any manner, except by written agreement signed by both parties.

NORTH DAKOTA STATE WATER COMMISSION By:

TODD SANDO, P.E. Chief Engineer and Secretary

Date: I oj IS' /1 ~

5

BURLEIGH COUNTY WATER RESOURCE DISTRICT

B~ TEFLECX Chairman

Date: __ ,1-1-ci~?t..0-..:../_.J,_·-___ _

BURLEIGH COUNTY . cJ

nWater ru:source

Burleigh County Water Resource District 1811 East Thayer Avenue

Bismarck, North Dakota 58501 (701) 222-3499

www.bcwrd.org

Missouri River Set Back Ordinance Resolution- Burleigh County

WHEREAS, the Burleigh County Water Resource District (BCWRD) and Burleigh County Commission (BCC)

hold easements along the Missouri River associated with bank stabilization revetments constructed by

the United States Army Corps of Engineers under the Garrison·Oahe and Section 32 federal bank

protection programs, and;

WHEREAS, residential and other structures have been constructed within these easements and many

existing plats do not contain these easements, which is contrary to their purpose and enforcement, and;

WHEREAS, after evaluating the Hogue Island flood control project it was noted that in August 1985

(Document No. 362793 and Document No. 272820) the BCWRD elected to reduce their bank

stabilization easements on Hogue Island to 100 feet from the top of the river bank. A review of existing

conditions (circa 2014) indicates a number of structures and other constructed features are encroaching

into these easements due to river bank movements and unauthorized construction. Such circumstances

exist in other areas along the river in Burleigh County and within the City of Bismarck and;

WHEREAS, the 2011 flood event significantly increased the awareness of flood risks on the Missouri River

and the potential adverse impacts of bank erosion on nearby structures, and;

WHEREAS, the bank line status, (i.e., protected or unprotected with rip rap) location of a structure from

the bank of the Missouri River is governed by County Zoning Ordinance, which by its nature the current

language is inadequate to address known risks associated with bank erosion, and;

WHEREAS, there is a need to revise the current County Ordinance to increase the level of protection for

future structures as well as provide access for emergency bank protection measures;

THEREFORE, it is hereby resolved that the BCWRD formally request the Burleigh County Planning

Commission and BCC to modify its Zoning Ordinance to require all new structures to be set back a

minimum of 100 feet back from the top of the bank of the Missouri River or the Ordinary High Water

Mark, whichever is greater, regardless as to zoning designation. In addition, any proposed structure or

site modification located within an existing easement held by either the BCWRD or BCC shall, by the

revised ordinance, be submitted to the BCWRD or BCC for review and approval prior to issuance of a

building or floodplain development permit. Such review and approval may be completed by the

Burleigh County Planner or Burleigh County Engineer at the BCWRD's or BCC's discretion. In addition,

any new plat along the river shall contain a 100 foot top of bank set back easement. The BCWRD hereby

authorizes its representatives to work with the Burleigh County Planner to develop the desired language

"?~;""i'i'"'

Respecy% Terry Fleck, Chairman


Terry Fleck, Chairman, Bismarck 223-9768 Dennis Reep, Vice Chairman, Bismarck 557-9621 Gordon Weixel , Secretaryrrreasurer, Bismarck 258-5390

Greg l arson, Manager, Bismarck 400·7211 Rick Oetwiller, Manager. Bismarck 223-8782

BURLE IGH

~COU~TY Burleigh County Water Resource District Water ' 1811 East Thayer Avenue

Resource Bismarck, North Dakota 58501 D ISTRIC.:;1 (701) 222.3499 . www.bcwrd.org

Missouri River Set Back Ordinance Resolution - City of Bismarck and ETA

WHEREAS, the Burleigh County Water Resource District (BCWRD) and Burleigh County Commission (BCC)

hold easements along the Missouri River associated with bank stabilizations revetments constructed by

the United States Army Corps of Engineers under the Garrison-Oahe and Section 32 federal bank

protection programs, and;

WHEREAS, residential and other structures have been constructed within these easements, and many

existing plats do not contain these easements, which is contrary to their purpose and enforcement, and;

WHEREAS, after evaluating the Hogue Island flood control project it was noted that in August 1985

(Document No. 362793 and Document No. 272820) the BCWRD elected to reduce their bank

stabilization easements on Hogue Island to 100 feet from the top of the river bank. A review of existing

conditions (circa 2014) indicates a number of structures and other constructed features are encroaching

into these easements due to river bank movements and unauthorized construction . Such circumstances

exist in other areas along the river in Burleigh County and within the City of Bismarck and;

WHEREAS, the 2011 flood event significantly increased the awareness of flood risks on the Missouri River

and the potential effects of bank erosion on nearby structures, and;

WHEREAS, the bank line status, (i.e. , protected or unprotected with rip rap) location of a structure from

the bank of the Missouri River is governed by City Zoning Ordinance, which by its nature the current

language is inadequate to address known risks associated with bank erosion, and;

WHEREAS, there is a need to revise the current City Ordinance to increase the level of protection to

future structures as well as provide access for emergency bank protection measures;

THEREFORE, it is hereby resolved that the BCWRD formally request the City of Bismarck Planning

Commission and City Commission modify its Zoning Ordinance to require all new structures be set back

a minimum of 100 feet back from the top of the bank of the Missouri River orthe Ordinary High Water

Mark, whichever is greater, regardless as to zoning designation. In addition, any proposed structure or

site modification located within an existing easement held by either the BCWRD or BCC shall, by the

revised ordinance, be submitted to the BCWRD or BCC for review and approval prior to issuance of a

building or floodplain development permit. Such review and approval may be completed by Community

Development or City Engineer at the BCWRD's or BCC's discretion. In addition, any new plat along the

river shall contain the applicable 100 foot set back easement. The BCWRD hereby authorizes its

representatives to work with Community Development to prepare the desired language to achieve the

requested ordinance revisions .

Re/Pectjdliy, Terry Fleck, Chairman


Terry Fleck. Chairman. Bismarck 223·9768 Dennis Reep. Vice Chairman, Bismarck 557·9621 Gordon Weixel. SecretaryfTreasurer. Bismarck 258·5390

Greg Larson. Manager, BismarCk dOO·7217 Rick DeIY/iller, Manager, Bismarck 223-8782

State of North Dakota Office of the State Engineer

900 EAST BOULEVARD AVE . • BISMARCK, NO 58505-0850 701 ·328·2750 • FAX 701 -328·3696 • http://swc.nd.gov

December 2, 2015

REGULATORY DIVISION 70 1-328-2752

NOTICE TO ALL WATER RESOURCE DISTRICTS

RE: New Form Developed by the Office of the State Engineer

Dear Waler Resource Dislricl board member:

The O ffi ce of the State Engineer (OSE) has recentl y deve loped a new form titled "COMPLA INT FOR WATER-RELATED ISSUES - SFN 60840" (Complaint Form). Copies of the Compl a int Form are enclosed for your conve nie nce. The Compl aint Form was developed 10 take the place of dated, indi vid ual complaint forms as well as provide clarity in the complaint process to Water Resource District's (W RD) and the ge neral public. Although submillal of a complaint on a prescribed form is not req ui red under state code, the OSE believes this form is a tool for publi c use. The Complaint Form is two pages, front and back, and lists the entire complaint process as well as all types of complaints to be f iled with a WRD. The types of complaints from Nort h Dakota Ce ntury Code (ND.C.C.) are li sted under No.2 of the Compl aint Form and be low:

I) Dam, Dike, or Other Device complaint (N.D.C.C. § 6 1-16.1-53) 2) Drainage complaint (ND.C.C. § 61-32-07) 3) Obstruction to a Drain/Watercourse compl a int (N .D.C.C. § 61 -16 . 1-5 1)

The Complaint Form wi ll be made avai lable on the Office of the State Engineer's website (swc.nd.gov) in the "Construct ion Permits" and "Dra inage Permits" pages under the " Regul ation & Appropriation" head in g. Hard copies may also be sent by mail upon request. If your WRD has any comme nts , questions, or concerns regarding the Compl aint Form, please contact Mall Lindsay at 701-328-4949 or by email at mlindsay@nel .gov.

7l-·a 4U. John Paczkowski, P.E. Regulatory Division Di rector

J P: M L: ph/PS/WRD/G EN Enclosures cc: North Dakota Water Resou rce Districts Association

TODD SANDO, P.E. STATE ENG INEER

COMPLAINT FOR WATER-RELATED ISSUES OFFICE OF THE STATE ENGINEER SFN 60840 (1112015)

Please submit to the water resource district in which the issue is located. Contact information for water resource districts is avai lable online at swc.nd.gov

GENERAL INFORMATION

ot.. [pr.CElvrD

(1) This Complaint must include a map from an actual survey, aerial photo, or topographic map. The size of the map shall be at least ay, by 11 inches and shall have a north arrow. If, in the opinion of the Water Resource District, the map does not contain enough information to properly evaluate the project. more information may be requested.

(2) The Complaint Is Regarding:

o Dam, Dike, Or Other Device (North Dakola Century Code (N.D.C.C.) § 61-16.1-53)

o Drainage (N.D.C.C. § 61-32-07)

o Obstruction To A Drain/Watercourse (N .D.C.C. § 61-16.1-51)

(3) Water issue is located in which Water Resource District (District)?

(4) Legal Description 11/4 11/4 I Section I Township I Range

(5) Approximate Construction Date

(6) Description of the issue

(7) Is your property impacted? o Yes ONo If Yes, number of acres impacted

Please explain

Complaint Filed Against Complaint Filed By

Name (print) Name (prinl)

Address Address

City I State I ZIP Code Ci ty I State I ZIP Code

Telephone Number (if known) Telephone Number

Complainant's Signature I Date

ADDITIONAL SHEETS MAY BE ATTACHED IF NECESSARY

SFN 60840 (1112015) Page 2 012

DAM, DIKE, OR OTHER DEVICE COMPLAINTS IN,D,C,C, § 61.16,1-53); The District will determine if a landowner or tenant constructed a dam, dike, or other device without first securing a construction permit as required under N.D.C.C. § 61-16.1-38, or in conflict with the terms or conditions of a construction permit. North Dakota Administrative Code § 89-08-01-01 defines "other device" as "a water control structure, other than a dam or dike, including diversions and holding ponds, lagoons, or dugouts."

pRAINAGE COMPLAINTS IN,D,C,C, § 61-32-07); Surface Drainage: The District will determine if a landowner or tenant constructed any surface drainage that impacts a watershed area of 80 acres or more without first securing a drainage permit as required under N.D.C.C. § 61-32-03, or in conflict with the terms or conditions of a drainage permit.

Tile Drainage: The District will determine if a landowner or tenant constructed or installed a tile or subsurface drainage system with a footprint of 80 acres or more without first securing a tile or subsurface permit as required under N.D.C.C. § 61-32-03.1, or in conflict with the terms or conditions of a tile or subsurface permit.

OBSTRUCTION TO DRAIN COMPLAINTS IN,P,C,C, § 61-16,1-51); The District will determine if a landowner or tenant has intentionally or negligently caused an obstruction to a natural watercourse or drain.

The District must act pursuant to the appropriate code listed above. The District shall investigate and make a determination within a reasonable time (not to exceed 120 days for dams, dikes, other devices, or drains). The District shall notify all parties 01 its decision as required by code. If complained of activity was a dam, dike, other device, or drain, the District's decision may be appealed to the State Engineer within 30 days of the District's decision. If the complained of activity was an obstruction to drain, the District's decision may be appealed to District Court.

FOR DISTRICT USE ONLV

Date Received .1 Date Investigated

Does the complainant have standing to file a complaint? DVes DNa

If No, why?

Does the project have a Permit? DVes DNo I lIVes, Permit Number I Date Granted

Does the project meet a permitting exemption? DVes DNo

If Ves, which one?

Project Construction Date I Revision Date (if any)

District Action

District Action Compliance Date I Project Owner Compliance Date I Decision Appeal Date

Subsequent Action

District Chairman's Signature I Date 01 Signature

ADDITIONAL SHEETS MAY BE ATTACHED IF NECESSARY.

NOTICE OF APPLICATION

ON PETITION FOR APPROPRIATION OF WATER FROM GROUND WATER SOURCES

TAKE NOTICE that JMAC Resources, Inc., Williston, North Dakota, has submitted water permit application No. 6791 to the North Dakota Office of the State Engineer for a permit to divert and appropriate water from ground-water sources.

The application requests a permit to appropriate water from ground-water sources, utilizing point(s) of diversion located in the SE1/4 of Section 13, Township 140 North, Range 77 West, in Burleigh county as shown on the map accompanying the application, at a pumping rate of 3,000 gallons per minute during the operating season for each year said permit may remain in force, with an annual appropriation of 30.0 acre-feet of water, for industrial use.

TAKE NOTICE that written comments regarding the proposed appropriation must be filed in the North Dakota Office of the State Engineer, 900 East Boulevard Avenue, Bismarck, North Dakota 58505-0850, by 5:00 o'clock p.m. on the 11th day of January, 2016. The State Engineer shall consider all written comments received and prepare a recommended decision which will be provided to the applicant and any person who filed written comments. Those persons may file additional comments with the State Engineer, request an adjudicative proceeding on the application, or both.

Dated at Bismarck, North Dakota, on November 25, 2015.

Notice of Application mailed to the Burleigh County WRD Chair/Office, Dept. of Health, G&F, F&WS, and NRCS on November 25,2015

To be published in the Bismarck Tribune. Bismarck, ND, on December 10 and 17,2015

lSI Todd Sando, P.E. North Dakota State Engineer 900 East Boulevard Avenue Bismarck, ND 58505-0850

Name



Bliss Law Firm

Bliss Law Firm

Houston Engineering

Houston Engineering

Houston Engineering

Houston Engineering

Houston Engineering

Houston Engineering

Houston Engineering

Houston Engineering

Braun fntertec

Bismarck Tribune

Personalized Management

Project

October bill

Oct. Admin

Nov.

MRCC issue

Genera!

McDowell Dam

BCWRD Invoices

12-8-15

Missouri River Correctional (W018/SA25)

Fox Island

Hogue Island Acquisition Site Restoration

Drainage Complaints

Drainage Complaints: Hay Creek

Missouri River Bank Stabilization

Hay Creek/Pebble Creek

Hogue Sales ad

Secreta rial! Accounting/Supplies

Invoice Amount

3993 $15,383.58

3993 $3,845.90

18688 $5,441.00

18688 $69.30

27790 $1,000.00

27789 $1,662.50

27770 $26,565.25

27791 $2,572.05

27792 $924.00

27793 $761.25

27794 $5,504.13

27795 $398.00

6045674 $1,358.50

2081510 $74.70

5693 $1,370.95

TOTAL: $66,931.11

8:29 AM

12104/15

Burleigh County Water Resource District (BCWRD) Vendor Balance Summary

All Transactions

Bismarck Parks & Ree Bliss Law Firm Houston Engineering Personalized Management Services the Bismarck Tribune

TOTAL

Dec 2, 15

19,229.48 5,510.30

39,387.18 1,370.95

74.70

65,572.61

Page 1

BISMARCK PARKS AND RECREATION 400 East Front Avenue

INVOICE

Bismarck, ND 58504 701-222-6455 701-221-6838 (fax)

TO: Mona Livdahl BCWRD

QUANTITY

1811 E. Thayer Avenue Bismarck, NO 58501

DESCRIPTION

October 2015 McDowell Dam billing

\Ze \J V:>L.A)",J \ \- G - \ <)

~-~

Make all checks payable to Bismarck Parks and Recreation.

INVOICE NO: DATE:

UNIT PRICE

TOTAL DUE:

If you have any additional questions concerning this invoice, call 222-6455.

THANKYOUI Please return bottom portion with your payment

Mona Livdahl BCWRD 1811 E. Thayer Avenue Bismarck, NO 58501

Invoice No. 3993

$

$

3993 11/5/2015

TOTAL AMOUNT

19,229.48

19,229.48

Amt. Due $ 19,229.48

Mail payment to: Bismarck Parks & Recreation, 400 East Front Ave., Bismarck, NO 58504

BURLEIGH COUNTY WATER RESOURCE DISTRICT McDowell Dam Monthly Billing

Bismarck Parks & Recreation District 400 E. Front Ave

Bismarck, ND 58504

For The Month Ended October 31, 2015

Date Submitted: 11/4/2015

Salaries & Wages

Employer Payroll Taxes

Employee Pension & Health/Life Benefits

Operating Expenses

Capital Improvement Expenses

Total Expenses

Administrative Fee (25% of Operating Expenses) (5% of Capitallmprovemenl Expenses)

Total Amount Requested

$ 10,338.00

790.86

1,480.31

2,774.41

$ 15,383.58

$ 3,845.90

$ 19,229.48

Prepared By Board Member

Title

McDowell Darn Monthly Billi119

October-15

Salaries & Wages

Salaries - Full time Accrued Sick and Annual Leave Pay Wages - Part time Wages - Part time (Overtime)

Total Salaries & Wages

Employer Payroll Taxes

Social Security/Medicare Worker's Compensation - Paid Benefits Unemployment

Total Employer Payroll Taxes

Employee Benefits

Pension Job Service Health & Life Insurance

Total Employee Benefits

Property & Liability Insurance State Fire & Tornado General Liability Multi Coverage Auto Liability

Total Property & Liability Insurance

Operating Expenses Professional Services Service Contracts Sanitary Systems Parking Lots & Trail Repair Shop Supplies Janitorial Supplies Miscellaneous Supplies Fuel Repairs & Replacement Uniforms Tools Boiler Insurance

Total Operating Expenses

Capital Improvements Building and Building Remodeling

Utilities Natural Gas Electricity Garbage Removal Water Telephone

Total Utilities

Total Expenses

$ 4,531.50

5,806.50

790.86

471.28

1,009.03

222.00 248.25

1,377.30

300.50 108.56 392.55 125.25

$ 10,338.00

790.86

1,480.31

1,847.55

926.86

$ 15,383.58

BISMARCK PARKS & RECREATION DISTRICT

G/L NUMBER DESCRIPTION

011200-51D100 FULL-TIME SALARIES

011200-510200 PART-TIME SALARIES

MONTHLY LABOR OISTRIBUTION REPORT MONTH END UPDATE LIST

EMPL # & NAME

7517 ROBINSON, DAVID H_ 7517 ROBINSON, DAVID II. 7517 ROBINSON, DAVID H.

PAYROLL

DATE

10/02/15 10/16/15 10/30/15

ACCOUNT TOTALS

0920 BERG, BURNELL A. 0920 BERG, BURNELL A. 4695 JOHNSON, SETH M_ 4695 JOHNSON, SETH M_ 4695 JOHNSON, SETH M. 51B1 LEADER, KIMBERLY A_ 6668 OSHANYK, JAMES L. 989D ZIMMERMAN, JERRY A. 9B90 ZIMMERMAN, JERRY A.

10/02/15 10/16/15 10/02/15 10/16/15 10/30/15 10/02/15 10/02/15 10/02/15 10/16/15

ACCOUNT TOTALS

DATE: 10/31/15 PAGE: 24

GROSS

TYPE HOURS EARNINGS

C BO.OO 1,510.50 C 80.00 1,510.50 C BO.OO 1,510.50

WWM __ ." ___ ____ M" _______

240.00 4,531. 50

C 43.00 666.50

C 47.00 72B.50 C 72.00 936.00 C 79.00 1,027.00 C 80.00 1,040.00 C 29.25 351.DO C 15.00 217.50 C 46.00 552.00 C 24.00 2B8.DO

---------- -------------435.25 5,806.50

Bliss Law Firm, LLC PO Box 4126 Bismarck, NO 58502

Invoice submitted to:

Burleigh County Water Resource District 1811 E. Thayer Avenue Bismarck, NO 58501

December 02, 2015

Invoice #18688

Professional Services

11/9/2015 Telephone call from Stacy at Tschider's law office with regard to the bidding process (#937)

Field telephone calls from potential bidders of Hogue Island properties, including Mike Odegaard, Constance Hofiand, Stacy Tschider; initial drafting of closing documents; follow-up telephone calls to/from Mike Gunsch with regard to closing procedures. (#937)

11/10/2015 Telephone call from Karen Hogue with regard to post-auction and closing procedures; telephone call from Commissioner Kathleen Jones with regard to auction results. (#937)

Prepare for auction; attend auction. (#937)

Prepare for Board meeting; attend Board meeting.

11/12/2015 Review post-auction procedures; review respective purchases by successful bidders; numerous calls to/from Hogue Island successful bidders, including Karen Hogue, Heather Magnus, Mary Odegaard, Lynn Mills, Sherry Mills, Mike Gunsch; telephone calls to/from Mona with regard to Hogue Island sale documents; telephone calls to/from North Dakota Guaranty & Title (Erin Schmitz, Jessica); forward documents to North Dakota Guaranty and Title with regard to abstracts and/or owners title policies.

11/13/2015 Telephone call from Greg Wavra with regard to his successful bid for Hogue Island property; telephone call from North Dakota Title & Guaranty with regard to Hogue Island abstracts; telephone calls to/from Mona with regard to what the board has in terms of abstracts;

Hrs/Rate

0.30 231.00/hr

2.50 231.00/hr

0.50 231.00/hr

1.50 231.00/hr

5.00 231.00/hr

1.00 231.00/hr

Amount

69.30/

577.50

115.50

346.50

1,000.00

1,155.00

231.00

Burleigh County Water Resource District PagE2

examination of methods of transaction from prior Hogue Island sale. (#937)

11/16/2015 Continue closing matters; telephone calls, e-mails to/from Mike Gunsch, successful bidders, other Hogue Island-related calls. (#937)

11/19/2015 E-mail correspondence to/from Mike Gunsch with regard to modification of warranty deed and purchase agreements to comport with State Water Commission requirements.

11/23/2015 E-mail correspondence to/from North Dakota Guaranty & Title with regard to four abstracts and/or owners' title policies; reply to the same; review file; conference with Mike Gunsch with regard to the status of any amendments to closing documents; e-mail correspondence to/from North Dakota Guaranty and Title with regard to closing documents; follow-up telephone calls to board members Rick Detweiler and Terry Fleck with regard to clOSing procedures. (#937)

11/24/2015 Continue Hogue Island closing examination review; follow-up telephone calls to/from North Dakota Guaranty, Mike Gunsch with regard to closing procedures. (#937)

11/25/2015 Continue Hogue Island closing review and examination; follow-up telephone call/e-mail to Southwest Water Commission John Paczkowski with regard to SWC approval of the board resolution; draft letter to North Dakota Title & Guaranty with regard to status of Hogue Island abstracts and/or owners' policies; personal delivery of all of the board's abstracts to Jessica at North Dakota Guaranty; follow-up telephone calls to Mike Gunsch, Mona Livdahl with regard to the board's date of resolution and status of passage. (#937)

11/30/2015 Continue Hogue Island closing matters; receipt and review of executed resolution by the board; forward status e-mail to board members with regard to closing matters. (#937)

12/2/2015 Telephone call from Mike Hubbard with regard to MRCC Engineering issue; forward inquiry to Mike Gunsch. (#937 MRCC)

For professional services rendered

Additional Charges:

11/18/2015 NDRIN billings. (#937)

11/30/2015 Fee paid to Register of Deeds for Hogue Island sales.

Total additional charges

Total amount of this bill

Hrs/Rate

2.80 231.00/hr

0.80 231.00/hr

1.30 231.00/hr

1.00 231.00/hr

1.50 231.00/hr

0.80 231.00/hr

0.30 231.00/hr

Amount

64680/

184.80/

300.30

231.00

346.50

184.80/

69.30

$5,458.30

33.00

19.00

$52.00

$5,510.30


Previous balance

Accounts receivable transactions

11/10/2015 Payment - Thank You. Check No. 1307

Total payments and adjustments

Balance due

Page8

Amount

$3,148.30

($3,148.30)

($3,148.30)

$5,510.30

[ INVOICE]

Ms. Mona Livdahl Administrative Secretary Burleigh County Water Resource District 1811 Thayer Avenue East Bismarck, NO 58501

Project R081032-100

BCWRD Account No.: 905

McDowell Dam Recreation Area

See attached Project Status Report and Invoice Description.

Professional Servjces from October 2(3. 2015 to November 22. 2015 Professional Personnel

Senior Project Manager Project Engineer

Totals Total Labor

Hours 6.75 3.25

10.00

HoustonEngineering Inc,

Remit to: 140121" Ave N, Fargo, NO 58102

Phone 701.237.5065 Fed Tax 10: 45·0314557

Interest of 1%fmonth applied to past due invoices

November 30,2015 Invoice No: 0027789 Due Date: December 30, 2015

Rate 176.00 146.00

Amount 1,188.00

474.50

1,662.50

Total this Invoice

1,662.50

$1,662.50

HEI Project No.: BCWRD Account No. Project Name:

Project status and Invoice Description 3712 Lockport Street Bismarck, NO 58503 Phone: 701-323-0200 Fax: 701-323-0300

1032-100 : McDowell Dam Recreation Area 905 McDowell Dam Recreation Area

Billing Period: October 26,2015 tlt/'ouglt November 22,2015

Professional engineering and surveying SClvices related to activities and issues addressed at the request and direction of the BCWRD during this billing period, including time associated with, but not limited to the following:

• Prepare for and conduct discussions regarding waters supply line location • Discussion regarding buffer zone acquisition options • Review breach zone constmction issues and potcntial overlay district • November Board meeting and updated on various project issues • Board authorization for appraisal of Master Plan area south side • Contractor conununication and coordination in reference to gate replacemcnt, delivelY and

installation of gate; investigating crane options

Comments:

» Gate system has an-ived and is being stored on site » Consideration of Nationwide Permit from COE for stabilization area remains

See accompanying invoice and cost summary for personnel cost breakdown.

[INVOICE]


Project R084241·000 Burleigh Co. WRD - General

BCWRD Project No.: 315 - Engineering Administration


Professional Services from October 26, 2015 to November 22. 2015

HoustonEngineering Inc.

Remltto: 1401 21" Ave N, Fargo, ND 58102

Phone: 701.237.5065 Fed Tax ID: 45·0314557

Interest of 10/0/month applied to past due invoices

November 30, 2015 Invoice No: 0027790 Due Date: December 30, 2015

--------------- -------------------------Phase 000

Monthly Lump Sum Amount

Fee

Burleigh Co. WRD - General

Total this Phase

Total this Invoice

1,000.00

$1,000.00

$1,000.00

~l ~31 HoustonEngineering Inc.

Project Status and Invoice Description 3712 Lockport Street Bismarck, NO 58503 Phone: 701-323-0200


Fax: 701-323-0300

4241-000 : BCWRD General Services 315 - Engineering Administration General Engineering Services

Billing Period: Octobel' 26, 2015 tltl'ol/gil Novembel' 22, 2015

Professional engineering and surveying selvices related to activities and issues addressed at the request and direction of the BCWRD during this billing period, including time associated with, but not limited to the following:

o November Board Meeting o Meeting preparation and discussion o Review of minutes and agcnda updates

Comments:

>- This invoice is only for Board meeting related time only. In accordance with Board direction, all costs associates with drainage complaints, storm water master plans, and other project related activities have been invoiced to assigned project numbers.

Total Invoice $1,000

[INVOICE]


Project R106025-006 Fox Island Flood Control

BCWRD Account No.: 937 - Special Assessment Projects


Professional Services from October 26. 2015 to November 22 2015


Remit to: 140121" Ave N, Fargo, ND 58102

Phone: 701.237.5065 Fed Tax ID: 45-0314557

Interest of 1%/month applied to past due invoices

November 30,2015 Invoice No: 0027791 Due Date: December 30,2015

-------------------------- -------------------Phase 007 Professional Personnel

Senior Project Manager Design Engineer

Totals Total Labor

Reimbursable Expenses

Mileage

Public Hearing and Assessment Vote

Hours 6.00

13.00 19.00

Total Reimbursables

Rate 176.00 116.00

Amount 1,056.00 1,508.00 2,564.00

8.05 8.05

Total this Phase

Total this Invoice

2,564.00

8.05

$2,572.05

$2,572.05


Project Status and Invoice Description 3712 Lockport Street Bismarck, NO 58503 Phone: 701-323-0200 Fax: 701-323-0300

R10602S-006 937 - Special Assessment Projects Fox Island Flood Control

Billing Period: October 26,2015 through November 22, 2015

Professional engineering services related to tbe activities associated witb the petition of the Fox Island residents and completion of a preliminary engineering feasibility study related to flood control and protection from tbe Missouri River.

Tasks Completed:

• Prepare for Board meeting - Water Topics Policy Committee Briefing Document • County Commissionrrownship authorized funding per prior commitment • Follow-up on assessment district spreadsheet • Final briefing document and printing • Discussion and calls from landowners - project status • Funds requested from SWC after Board Meeting • GIS Mapping - updated assessment district mailing list • Updated Fox Island Assessment District - Projected Funding • Contacted USDA and Lincoln Oaks NurselY on waterline relocation

o Potential impact on levee location

Comments and Issues

~ Project development schedule to be authorized by the Board for next steps ~ Potential Public Informational Meeting in December/J al1uary ~ Public Hearing and Vote to follow

See accompanying invoice for personnel cost breakdown.

[ INVOICE]

Ms. Mona Livdahl

Administrative Secretary

Burleigh County Water Resource District 1811 Thayer Avenue East

Bismarck, NO 58501


Remit to: 140121" Ave N, Fargo, NO 58102

Phone: 701.237.5065 Fed Tax ID: 45-0314557



Project R126025-012 Missouri River Correctional Facility FHMP

BCWRO Account No.: 937F-l Work Order No. 18; Specific Authorization No. 25


Professional Serv~es from October 26. 201! t~ N.2v!~~ ~,.!O! 5 ___________________ _

Phase 001

Professional Personnel

Senior Project Manager

Project Engineer

Totals

Total Labor

Phase 100



Senior Environmental Scientist

Right-of-Way Specialist Senior Land Surveyor

Totals Total Labor

Phase 200


Senior Project Manager Project Engineer

Design Engineer Graduate Engineer Two Person Crew

Missouri River Correctional Facility FHM

Regulatory and Easements

Final Design

Hours 4.25

1.50

5.75

Hours 4.75

.75

.50

3.75 1.00

10.75

Hours 3.00

35.50

32.25 81.50

27.75

Rate 176.00

146.00

Amount 748.00

219.00

967.00

Total this Phase

Rate

176.00

116.00 154.00

160.00 143.00

Amount 836.00

87.00

77.00 600.00

143.00 1,743.00

Total this Phase

Rate 176.00

146.00 116.00 105.00

154.00

Amount 528.00

5,183.00

3,741.00 8,557.50

4,273.50

967.00

$967.00

1,743.00

$1,743.00

Project R126025-012

CAD Supervisor Totals Total Labor


Meals 11/9/2015 11/10/2015

Elkin, Kelly Elkin, Kelly

Missouri River Correctional Facility FHM

5.25 185.25

93.00

Invoice

488.25 22,771.25

Total Relmbursables

30.00 30.00 60.00

Unit Billing

(BSK) GPS Equipment Unit Hours (BSK) Mileage - Surveyllnspection

Total Units

36.0 Hours @ 25.00 160.0 Miles @ 0.775

900.00 124.00

1,024.00

Total this Phase

Total this Invoice

0027770

22,771.25

60.00

1,024.00

$23,855.25

$26,565.25

Page 2



R126025-012 937F-l Design and Special Assessment Project Missouri River Correctional Center Specific Authorization #25

Billing Period: Oc/obel' 26, 2015 titmugit Novembel' 22, 2015

Professional engineering services related to activities associated with development of the Missouri Rivcr Corrcctional Centcr Flood Control Levee including, but not limited to, the following:

• Providing elevation data and coordination with Braun Intertcc o Site borings completed - awaiting lab results after final alignment is established

• Route survey and right-of-way work with MRCC and private landowners • Topography survey for levee routing and the authorized altemative • Easement and Boundmy work for MRCC and Larson properties

o Contact and discussion with Larson's and received their attorney's response o Alternative levee roule 10 Scoul Drive under consideration by Board authorization

• Begin drafting plan set, processing elevation data

• Cutting Plan/Profile and assembling base line sheet layout • Drafting project manual, special provisions and assembling contract documents

• Prepare briefing document and assistance related to Legislative Water Topic Policy Conunitlee

Comments and Issues

~ Project development underway for design completion and bidding early 2016 ~ Constmction start schedule in 2016 remains to be determined ~ This is the fourth invoice under Specific Authorization #25 ~ SUlVCy work for boundmy, site and topography continues ~ Geotechnical review awaiting final alignment selection ~ Additional time required to completed the LWTPC documents was out of scope ~ Review of the authorized alternative is out afscope, but is not tracked scparately

See accompanying invoice fot' personnel cost breakdown.

[ INVOICE]

Ms. Mona Livdahl Administrative Secretal)l Burleigh County Water Resource District 1811 Thayer Avenue East Bismarck, NO 58501



Phone: 701.237.5065 Fed Tax 10: 45·0314557

Interest of 10/0/month applied to past due invoices

November 30, 2015 Invoice No: 0027792 Due Dale: December 30, 2015

Project R136025-016 Hogue Island Acquisition Site Restoration



Professional Services from October 26,2015 to November 22,2015 ---------------------------------------------Phase 001 Professional Personnel

Senior Project Manager Totals Total Labor

Acquisition Program - Ad/Sale

Hours 5.25 5.25

Rate 176.00

Amount 924.00 924.00

Total this Phase

Total this Invoice

924.00

$924.00

$924.00


HEI Project No.: 6025-016 BCWRD Account No. Project Name:

937 Design and Special Assessment District Hogue Island Acquisition Site Restoration

Billing Period: October 26,2015 through November 22,2015

Professional engineering and surveying services related to the acquisition, removal and restoration of the four residcntial sites on the north end of Hogue Island, including time associated with, but not limited to the following:

Tasks Completed:

• Prepare auction and sale documents • Update for Board Meeting • Meeting preparation and Auction • Corrcspondence with involved parties • Discussion of Purchase Agreements • Landowner questions regarding lot sale issues • Attend Auction for properties

Comments (Iud Issues:

» Action completed with Deed Restriction provided to SWC for comment » Additional time required to address purchase agreements and deed documentation


Phase (DOl) Acquisition Program- Ad/Sale $ 924.00 Total $ 924.00

[ INVOICE]

Ms. Mona Livdahl Administrative Secretary Burleigh County Water Resource District 1811 Thayer Avenue East Bismarck. ND 58501


Remit to: 140121" Ave N. Fargo. ND 58102

Pilone: 701.237.5065 Fed Tax !D: 45-0314557


November 30, 2015 Invoice No: 0027793 Due Date: December 30,2015

Project R 146025-0 18 Burleigh County WRD Drainage Complaints



Phase 000 Professional Personnel


Totals Total Labor


General Inquires

Mileage 10/1/2015 Cullen, Nicolas

Total Reimbursables

Phase 009 Professional Personnel


Arnold Schieve

Hours Rate Amount .75 176.00 132.00

3.00 116.00 348.00 3.75 480.00

Use of Personal Vehicle 17.25 17.25

Hours 1.50 1.50

Total this Phase

Rate 176.00

Amount 264.00 264.00

Total this Phase

Total this Invoice

480.00

17.25

$497.25

264.00

$264.00

$761.25

~ .. ~

~_~ I HoustonEngineering Inc. Project Status and Invoice Description 3712 Lockport Street


Bismarck, NO 58503 Phone: 701-323-0200 Fax: 701-323-0300

6025-018: Drainage Complaints 910 Shared Projects Drainage Complaints

Billing Pel'iod: Septembel' 28,2015 tlIJ'ougil NOl'embel' 22, 2015

Professional engineering and surveying services related to the evaluation of drainage complaints,

Gellel'tllll/quil'ies (000) • Calls from landowner south U-Mmy - Wayne Green • Site review and photos - landowner urged to discuss issues with neighbor • Follow-up landowners have agrecd to resolve concern

Al'llold Sellieve (009) • Call from Mr, Schieve - Concerns discussed regarding ROW cleanaut • Calls to County Engineer regarding work completed and background

Comments:

~ The Wayne Green inquilY is resolved ~ Mr. Arnold Schieve was notified that his issue is under the jurisdiction of the Burleigh County

Highway Department

Phase (000) General Phase (009) Arnold Schieve

Sec accompanying invoice for personnel cost breakdown.

$ 497,25 $ 264,00

Total $ 761.25

( INVOICE]

Ms. Mona Livdahl Administrative Secretary Burleigh County Water Resource District 1811 Thayer Avenue East Bismarck, ND 58501



Phone: 701.237.5065 Fed Tax ID: 45·0314557

Interest of 1%lmonlh applied to past due invoices


Project R146025·018 Burleigh County WRD Drainage Complaints

BCWRD Account No,: 910

See attached Project Status Report and Invoice Description,

~r~e.!s19~I~':£Y~e! f!..o~ ~~e.m~tj!k 2..2,1 i te. ~'!:'!l.b~ ~ 2015 __________________ _

~h!s~ _____ °2..3 _____ P!b.!:!e.2~e! ~a!!.. S.!9~ ~a'::iI!!t ___________________ _

Task 001 Professional Personnel

Senior Project Manager Design Engineer Administrative Assistant

Totals Total Labor

Project Coordination

Hours 8.25 1.50

.75 10.50

Rate 176.00 116.00 66.00

Amount 1,452.00

174.00 49.50

1,675.50

Total this Task

1,675.50

$1,675,50

----------------------------------------------Task 002 Professional Personnel

Senior Land Surveyor Graduate Technician Two Person Crew

Totals Totat Labor

Unit Billing

Survey and Geotechnical

(BSK) GPS Equipment Unit Hours (BSK) Mileage· Survey/Inspection

Total Units

Hours Rate Amount 1.50 143.00 214.50

13.50 82.00 1,107.00 14.50 154.00 2,233.00 29,50 3,554,50

10.5 [email protected] 15,0 Miles @ 0.775

262.50 11.63

274.13

Total this Task

Total this Phase

Total this Invoice

3,554,50

274.13

$3,828,63

$5,504,13

$5,504,13

Project status and Invoice Description 3712 Lockport Street Bismarck, ND 58503 Phone: 701 -323-0200 Fax: 701-323-0300

HEI Project No.: 6025·018: Drainage Complaints 910 Shared Projects BCWRD Account No.

Project Name: Pebble Creek Trail Slope Stability Evaluation

Billing Period: thl'ollgh Novembel' 22,2015

Professional engineering and surveying services related to the evaluation oflhe stability ofa failed slope on the west side of Hay Creek east of Arizona Drive.

Pebble Cl'eek Tl'llil Slope St(fbility (013)

Comments:

• SWC Cost Share request approved and signed • Geotechnical agreement secured from Braun Interlec • Agreements drafted for the participating parties and sent to legal for review • Geotechnical documents signed • Signatures on participation agreements • Survey Coordination - complete topographic and boundary survey • Geotechnical Coordination· mapping and boring locations

• Provided surfaces to Braun

>- The geotechnical drilling is scheduled to be complete in early December >- Boring data to be provided when completed >- Results from slope monitoring not expected for several months

Task #1 - Project Coordination $ 1,675.50 Task #2 - Survey and Geotechnical S 3,828.63

Total $ 5,504.13

See accompanying invoice fOI' personnel cost breakdown.

[INVOICE]

Ms. Mona Livdahl Administrative Secretary Burleigh County Water Resource District 1811 Thayer Avenue East Bismarck, ND 58501

~ iI HoustonEngineering Inc. ~~


Phone 701.237.5065 Fed Tax ID: 45-0314557

Interest of 1%fmonth applied to past due invoices

November 30,2015 Invoice No: 0027795 Due Date: December 30, 2015

Project R 146025-021 Missouri River Bank Stabilization Issues

8CWRD Account No.: 9371-1


Phase 004 COE Section 32 Easement Documentation Professional Personnel



Reproductions Total Reimbursables

Hours 2.25 2.25

Rate 176.00

Amount 396.00 396.00

2.00 2.00

Total this Phase

Total this Invoice

396.00

2.00

$398.00

$398.00

~-l ~.;; I HoustonEngineering Inc.

Project status and Invoice Description 3712 Lockport Street

HEI Project No.: BCWRD Account No. Pmject Name:

Bismarck. ND 58503 Phone: 701-323-0200 Fax: 701-323-0300

6025-021 : Missouri River Bank Stabilization 9371-1 Missouri River Bank Stabilization

Billing Period: October 26, 2015 through November 22, 2015

Professional engineering and surveying services related to Missouri River Bank Stabilization.

Tasks Completed:

COE Sectioll 32 Easement Docl/melltatioll • Discussion and planning for commission meeting - November 19th • Attend Planning Commission meeting

o Vote was 3-2 on Ordinance Revision Recommendation • Discussion and follow-up

Comments and Issues:

:>- Desire is to have the Missouri River Stabilization Easements shown on maps that can be used to preserve the intended ROW access to the Section 32 structures on Hogue Island. Final mapping near completed. Board requested the creation of a resolution to modify the Missouri River set back ordinance. This action to follow the completion of the mapping process and providing the GIS line work to the County Highway Department.

:>- County Engineer has been contacted regarding the option to use GIS to identify undeveloped lots along river that may be impacted by ordinance revision.


Phase (004) COE Section 32 Easement Documentation $ 398.00 Total $ 398.00

Bismarck Tribune

~n'Bismarck ri9i Classified PO BOX 4001

TrIBUne Advertising LaCrosse, WI 54602-4001 er Invoice 888-418-6474 -.bi5nun:~

_ , " ' ) ' 1' ~.E ,_

BURLEIGH COUNTY WATER RESOURCE DISTRICT Customer: 60059619 Phone: (701) 222-3499

1811 E THAYER AVE Date: 11 /04/2015 BISMARCK NO 58501

CREDIT CARD PA YMENT (ci rcle one)

Date Ordor# T VD8 OrdorAmt _ _ r.;]~ 1110411 5 20815010 INV 74.70

Card #:

I Amoo", P"d: I Exp Date:

CK. Signature: Credit card users: Fax 10 608- 791-8212

CashAmt

PLEASE m.IACH AND RETURN TOP PORTION WITII YOUR PAYMENT

Lee Enterprises no longer accepts credit card payments sent via e-mail. Emails contai ning credit card numbers will be blocked. Please use the coupon above to send a credit card payment to remittance address located in the upper right corner. You may also send the coupon to a secure fax at 608-791-82 12.

10121/15 11104/15

Aflidavil of Publication

3

Description

Hogue Island Property Auction

Bismarck Tribune

State of North Dakota ) 55 County of Burleigh Before me, (I Notary P~b~(j; for the State of North Dakota personally appeared , who boing duly sworn, deposes and says that hE; (she) is the Clerr. of 8ismarck Tribune Co., an!:that the gub1rgtip n (5) were made through the

!5J.l/1I1Uf- IL 7i'2h-'VIt-u __ onAhe fOI'Oii" date? "4t a. ,;/9 IIL¥_ . Signed /!,,-~ ."6 ¥2

sworn J SJbSCiioo 10 before meJbls-LL d 0 20-,'--'7.~

Notary Public in no for the State of North Dakota

MORGAN DOLL Notary Public

State of North Dakota My CommiSSion EXPires Jan . 26, 2017

Please return invoice or put order number on check. Thank You.

Remarks

Bismarck Tribune www.bismarcktribune.com PO BOX 4001 LaCrosse, WI 54602-4001

Terms: PAYMENT IS DUE UPON RECEIPT OF INVOICE

Class Code Order Amt Net Amt Due

30.00 Legals 74.70 74.70

Burleigh County Water Resource District Hogue Island Property Auction

Notice of Public Sale The Burleigh County Water Res~urce D~stric~ will re~e.i~e public bids for th~ sale of the following (our properties located In the Riverside SubdiVIsIon on Hogue Island.

Property Description &.rnn lot I, Block I . 0.88 Acres lot 6 and N Vl of Lot 5 Block I ' 1.50 Acres Lot 7 and S % of lot 8 Block I • 0.96 Acres lot 9 and N % of Lot 8 and S Vl l ot 10 1.58 acres . .

Additional information regarding these propefti es and the terms a~d conditions of sale are available at wwwbc.wrd.org, or by contacting Bliss law Firm, LLC,. 400 . East Broadway Avenue, Suite 308, Bismarck, NO 58502-4 126 (701.223·5769). BI.ds Will be opened November 10,2015 at 12 o'clock noon in the Tom Baker Meeting Room, City/County Building.

10/21,28 & 1114·20815010

lo\al Due: 74.70

Personalized Management Services, Inc.

1811 E Thayer Ave - PO Box 712 Bismarck, ND 58502 (701) 222-3499

Bill To

BCWRD

Administrative Fees ~ November Bookkeeping - November

Description

State funding bond, SWC agreements, USGS, budget info Hogue Island, meeting, abstract deeds, updates Postage Supplies Printing - Color Photocopies

Invoice Date Invoice #

12/3/2015 5693

Amount

1,000.00 120,00

"

80,00 130,00

14.63 5.50 8.12

12.70

Total $1,370.95

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