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

Second Amendment to Joint Powers Agreement City of Fargo Cass County Joint Water Resource District County of Cass Page 2 member of the "Diversion Project Assessment Committee," a committee of the Diversion Authority, has developed methodology for purposes of conducting an assessment district vote. F. In conjunction with its development of the Project, the United States Army Corps of Engineers (the "Corps") studied the feasibility of constructing a levee project to protect the communities of Oxbow, Hickson, and Bakke as an alternative to acquiring the property in those communities to accommodate the staging area for the Project; the members of the Diversion Authority, including the City and the City of Moorhead, as the non-federal sponsors for the Project, requested construction of a levee project as the locally-preferred alternative. G. The Corps and the North Dakota members of the Diversion Authority have further developed and designed a proposed levee project to protect the communities of Oxbow, Hickson, and Bakke (the "OHB Levee"); the OHB Levee will act as an independent project that will protect Oxbow, Hickson, and Bakke, separate from the Project, though the design will allow the Corps and the Diversion Authority to ultimately integrate the OHB Levee into the Project, in the event the Corps and the Diversion Authority proceed with construction of the Project. H. The North Dakota members of the Diversion Authority agree the Joint Board is equipped to manage and construct the OHB Levee in light of its unique statutory authorities regarding levee projects of this nature, and the Joint Board has agreed to manage and construct the OHB Levee. I. In light of the separate and independent nature of the OHB Levee project, and in light of the fact that none of the Minnesota members of the Diversion Authority will contribute financially regarding the OHB Levee, the City, the County, and the Joint Board agree the NDJPA is the appropriate mechanism for reimbursement of the Joint Board regarding the OHB Levee. J. Fargo, Cass County, and the Joint Board wish to amend the NDJPA to include reimbursement of the Joint Board regarding its activities in developing a special assessment district for purposes of financing a portion of the North Dakota local share of the Project, if necessary, and regarding its activities in managing and constructing the OHB Levee, all subject to the terms and conditions contained in this Second Amendment. In consideration of the mutual covenants contained in this Second Amendment, and other good and valuable consideration, the receipt and sufficiency of which the parties acknowledge, the parties agree as follows: