Column by Gordon Weixel/Bismarck Tribune

The battle of Boulder Ridge is renewed on Monday as the Supreme Court gets its chance to weigh in on which company should be serving the Bismarck subdivision, Montana-Dakota Utilities or Capital Electric Cooperative.

The two electric utility suppliers have been skirmishing over Bismarck fringe areas ever since their set-to over Boulder Ridge. These include Bill Clairmont's Promontory Point III, Kevin Turnbow's Southport and most recently two Burleigh County street lights at the intersection of Yegen and Bismarck Expressway.

North Dakota's top judges will hear appeals based on two cases, combining them into one. First, Capital's challenge of the Bismarck City Commission's decision to award service of Boulder Ridge to MDU based on the general franchise agreement. Second, is MDU's appeal of a Public Service Commission decision awarding service to Capital based on the state's Territorial Integrity Act.

The battle for Boulder Ridge has been going on for a couple of years now. MDU is currently supplying the power, but has been ordered by the PSC to .

The companies have asserted all along it would boil down to a Supreme Court decision and we've reached the point of the hearing scheduled for 9 a.m. Monday. Whether a decision on Boulder Ridge also will resolve the other service disputes is yet to be seen, but the attorneys feel it will.

Meanwhile, the Bismarck City Commission is adamant the two companies work out their dispute over service through a Service Area Agreement. A message sent loud and clear when the commission approved renewal of MDU's franchise recently.

I'm planning on sitting in on Monday's arguments, though realizing a decision will take awhile.

KMK annexation

At Mandan's annexation mediation hearing this week I had a chance to talk to attorney Bill Delmore about Bismarck's attempt to annex KMK Estates. An issue which is on Tuesday's commission agenda.

Delmore said he feels a resolution will be reached. Though in discussion during Mandan's hearing the former Bismarck city commissioner and Burleigh county commissioner, indicated KMK landowners will have to develop their property through planning, subdividing and hopefully sales of lots, in hopes of being able to afford to stay in their homes.

In both Mandan's and Bismarck's annexation attempts, should the cities succeed, the property owners will have to make changes if they want to continue the lifestyles they've come accustomed to. This is due to the high price of city services which accompany annexation in the form of special assessments to pay for things like paved streets, curb and gutter, water and sewer.

Bridge update

Mike Kopp, Department of Transportation information coordinator for the Memorial Bridge project, reports that Lunda Construction is putting in yet another cofferdam for Pier 10.

Sheet piling is vibrated through the sandbar on the bridge's east side. When completed sand will be excavated to a depth of 45 feet for the pier's footings.

"Crews are in the final stages of preparing to place concrete in the two pier column forms at pier 7," Kopp says. "Concrete placement on pier 7 will depend on cooperative weather and water levels. If the river level comes up more than current levels, it will flood the base of the forms at pier 7 and the concrete placement will be postponed."

(Reach reporter Gordon Weixel at 701-250-8255 or gordon.weixel@bismarcktribune.com.)