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 3 AGREEMENT 1. Interpretation. This Second Amendment modifies and supplements the NDJPA and the First Amendment. Wherever a conflict exists between this Second Amendment and the NDJPA or the First Amendment, the provisions of this Second Amendment will control. Except as modified and supplemented in this Second Amendment, the NDJPA and the First Amendment are in full force and effect. 2. Assessment Obligations. As an additional obligation under the NDJPA, the Joint Board will develop and create an assessment district in accordance with Chapter 61-16.1 of the North Dakota Century Code for purposes of financing a portion of the North Dakota local share of the costs of the Project, if necessary and if authorized by the City, the County, and the Diversion Authority. 3. OHB Levee. As an additional obligation under the NDJPA, the Joint Board will manage and construct the OHB Levee, including the following obligations: a) advertising for bids regarding construction of OHB Levee, as required under North Dakota law; b) administering bidding and construction contract administration; c) cooperating with the City, the County, the Diversion Authority, and the Corps to identify the temporary and permanent right of way the District must acquire to accommodate the construction of the OHB Levee; d) cooperating with the City, the County, and the Diversion Authority to apply for and secure all necessary permits and approvals from all applicable federal and state entities, including the North Dakota State Engineer's Office; e) applying for cost-share from the North Dakota State Water Commission; f) negotiating with landowners and otherwise administering right of way acquisition to accommodate the OHB Levee; g) acquiring the requisite temporary and permanent right of way to accommodate the OHB Levee, in the District's name; and h) otherwise cooperating with the City, the County, the Diversion Authority, and the Corps as necessary to perform all other tasks necessary regarding the management, design, funding, financing, construction, and operation of the OHB Levee.