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Third Amendment to Joint Powers Agreement <br />City of Fargo <br />Cass County Joint Water Resource District <br />County of Cass <br /> <br /> <br />2 <br />AGREEMENT <br /> <br /> Section 1. Interpretation. This Third Amendment modifies and supplements the <br />NDJPA and the First and Second Amendments. Wherever a conflict exists between this Third <br />Amendment and the NDJPA or the First or Second Amendments, the provisions of this Third <br />Amendment will control. Except as modified and supplemented in this Third Amendment, the <br />NDJPA and the First and Second Amendments are in full force and effect. <br /> <br />Section 2. Dakota Metro Flood Board. The parties to this Agreement hereby <br />establish a board to be known as the “Dakota Metro Flood Board” (to be referred to as the <br />“Dakota Metro Flood Board”) which shall be its governing board. The Dakota Metro Flood <br />Board shall consist of seven members which shall be appointed by the members to this <br />Agreement. The membership of the Dakota Metro Flood Board shall be comprised as follows: <br />a. Three (3) members appointed by the city of Fargo (referred to herein as “Fargo <br />Board Members” and individually as a “Fargo Board Member”). <br />b. Three (3) members appointed by Cass County (referred to herein as “Cass <br />County Board Members” and individually as a “Cass County Board Member”); <br />provided, however, that Cass County shall be authorized to allow either the Cass <br />County Joint Water Resource District or the city of West Fargo to appoint up to <br />two of said three (3) members. <br />c. One (1) member appointed by the Cass County Joint Water Resource District. <br /> <br />Each of the North Dakota Parties shall also be authorized to designate alternate members of the <br />Dakota Metro Flood Board to sit in place of an appointed voting member of the Dakota Metro <br />Flood Board when the appointed voting member is unable to attend a meeting of the Dakota <br />Metro Flood Board. The Dakota Metro Flood Board may approve other non-voting ex-officio <br />members to the board. <br />Section 3. Powers. The Dakota Metro Flood Board shall have all the powers of the Metro <br />Flood Diversion Board of Authority as set forth in the joint powers agreement establishing said <br />Diversion Authority, including without limitation, the power to: <br />1. Sue and be sued; <br />2. Conduct or arrange for public information meetings; <br />3. Appoint ex-officio board members; <br />4. Hire and terminate a project manager, a lobbyist and other support personnel and to