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Flood Diversion Board of Authority—October 9, 2014 2 <br />5. ADMINISTRATIVE/LEGAL UPDATE <br />Lawsuit update <br />Attorney Erik Johnson provided an update regarding lawsuits filed by the Richland-Wilkin Joint Powers Authority. He said a scheduling conference will be held on October 22nd for counsel to identify the timelines associated with the case. <br /> <br />Oxbow Golf Course Interim Agreement <br />Mr. Johnson briefly discussed the interim agreement with the Oxbow Golf Course and Country Club, which the board approved in August. The agreement outlines basic terms to advance funds to pay for costs associated with the golf course architect and <br />construction contractor until acquisitions and relocation agreements are reached with <br />homeowners. The agreement also identifies different tasks to be handled by the project <br />managing consultant, CH2MHill, on behalf of the Diversion Authority. Mr. Johnson asked for the board to delegate the tasks to the CCJWRD since the tasks involve land acquisitions. <br />MOTION, passed <br />Mr. Brodshaug moved and Mr. Mahoney seconded to delegate the <br />tasks outlined in the interim agreement to the Cass County Joint Water Resource District on behalf of the Diversion Authority. Motion carried. <br /> <br />History of Diversion Board of Authority <br />Mr. Vanyo said a brief presentation has been prepared about the formation of the FM <br />Diversion Board of Authority with information on its membership and funding cost shares, which date back to 2009 when discussions began on flood risk management for the area. <br /> <br />Keith Berndt said the Metro Flood Management Committee was created in 2009 after <br />record flooding and consisted of elected officials from Fargo, Moorhead, Cass County, <br />Clay County, Cass County Joint Water Resource District and Buffalo-Red River Watershed District—a total of 11 North Dakota members and 15 Minnesota members. <br />Next, the Metropolitan Flood Management Work Group was formed with six Minnesota <br />and five North Dakota representatives, which met regularly until 2011. In April 2011, the <br />work group voted unanimously to endorse a North Dakota diversion plan that included <br />an upstream staging area, and shortly thereafter the six entities approved a resolution of support. When it became apparent a majority of the diversion would be constructed in <br />North Dakota, and a majority of the benefits would be in North Dakota, a decision was <br />made that North Dakota should provide more funding toward the project than Minnesota. <br />A tentative agreement was reached for North Dakota entities to cover 90% of the non- <br />federal cost with Minnesota covering the remaining 10%. Also the board makeup changed as a result of the endorsed plan. In May 2011, the work group unanimously <br />approved the Joint Powers Authority Board to be formed with representatives from the <br />same six entities with seven members from North Dakota and five members from <br />Minnesota. A Joint Powers Agreement (JPA) outlined voting powers in order to protect <br />the minority power of its members and states involved. The provision was specifically added to address future misinterpretation by individuals who were not involved when the <br />Diversion Authority Board membership was approved. In June and July of 2011, the <br />board membership and 90/10 cost split between North Dakota and Minnesota was <br />submitted to the Fargo City Commission, Moorhead City Council, Cass County <br />Commission, Clay County Commission, Cass County Joint Water Resource District and Buffalo-Red River Watershed District with all entities approving the proposal.