2. Flood diversion-Joint WRD/Fargo JPA second amendment

SECOND AMENDMENT TO JOINT POWERS AGREEMENT THIS SECOND AMENDMENT is made this day of , 2014, by the City of Fargo, North Dakota, a North Dakota municipal corporation ("Fargo"); the Cass County Joint Water Resource District, a North Dakota political subdivision (the "Joint Board"); and the County of Cass,North Dakota, a political subdivision("Cass County"). RECITALS A. Fargo, Cass County, and the Joint Board are the three North Dakota members of the Diversion Board of Authority ("Diversion Authority"); the members of the Diversion Authority entered into a LIMITED JOINT POWERS AGREEMENT, and subsequent amendments; those Agreements identify the obligations, duties, and tasks of the various members of the Diversion Authority, as well as the powers and authorities of the Diversion Authority itself, regarding the Fargo-Moorhead Metropolitan Area Flood Risk Management Project (the "Project"). B. Under the Diversion Authority's LIMITED JOINT POWERS AGREEMENT and its subsequent amendments, the members of the Diversion Authority granted the Diversion Authority the power to delegate certain tasks to its members for purposes of the Project; in accordance with its delegation authority, the Diversion Authority authorized its three North Dakota members to determine which of them would acquire necessary rights of entry for purposes of conducting studies and surveys to determine the feasibility of a North Dakota diversion project; and which would ultimately acquire temporary and permanent right of way for purposes of constructing, owning, operating, and maintaining a North Dakota diversion project. C. In light of the Joint Board's unique authority to develop flood protection projects, including its right to acquire real property through eminent domain for purposes of flood protection projects, Fargo, the Joint Board, and Cass County entered into a Joint Powers Agreement dated June 7, 2010 (the "NDJPA"), under which the parties agreed the Joint Board would acquire the requisite rights of entry for a North Dakota diversion project, and would ultimately acquire the temporary and permanent right of way for a North Dakota diversion project; the parties further agreed Fargo and Cass County would reimburse the Joint Board for its costs; attached as Exhibit A is a copy of the NDJPA. D. The parties entered into a FIRST AMENDMENT TO JOINT POWERS AGREEMENT dated August 2, 2010 (the "First Amendment"), under which the parties agreed to expand the scope of the parties' obligations under the NDJPA to include rights of entry and right of way acquisition for the Project more generally, and not limited to those components necessary solely for a North Dakota diversion alignment;attached as Exhibit B is a copy of the First Amendment. E. As development of the Project progressed, the North Dakota members of the Diversion Authority considered options to fund and finance the North Dakota local share of the costs of developing, designing, and constructing the Project, and the parties agreed the Joint Board should develop a proposed special assessment district for purposes of financing a portion of the North Dakota local share of the Project, if deemed necessary; the Joint Board, as a