07. Red River Regional Dispatch Center Joint Powers Agreement review

42 Version Oct 13, 2022 Section 16.02 PUBLIC PURPOSE. The Member Entities acknowledge, agree and declare that the acquisition of easements, rights-of-way and land for the Dispatch Center is for a public need and purpose. Section 16.03 RESERVED. Section 16.04 RESERVED. Section 16.05 RESERVED. Section 16.06 NATURE OF OWNERSHIP. The Member Entities acknowledge, agree and covenant that to the extent a Member Entity owns Dispatch Center Property, it shall hold Dispatch Center Property for the benefit of the Dispatch Center and the Red River Regional Dispatch Center Authority and it shall at all times control and maintain ownership of the Dispatch Center Property to ensure that the Dispatch Center Property is available for the Dispatch Center. The Member Entities acknowledge, agree and covenant that they shall not take any action with respect to the Dispatch Center Property which would undermine the financing, construction, operation and maintenance of the Dispatch Center. Section 16.07 REQUEST FOR ACQUISITION OF DISPATCH CENTER PROPERTY. In the event that the Red River Regional Dispatch Center Authority requests that a Member Entity undertake the acquisition of Dispatch Center Property, the Red River Regional Dispatch Center Authority will provide a written request to the Member Entity and an estimated budget for the requested acquisition. The Member Entity shall proceed with acquiring the Dispatch Center Property by either voluntary action or eminent domain if the cost of the requested purchase or the eminent domain litigation is within the budget provided by the Red River Regional Dispatch Center Authority. Provided that if the cost of the Dispatch Center Property acquisition exceeds the budget set forth by the Red River Regional Dispatch Center Authority, the Member Entity shall request authorization from the Red River Regional Dispatch Center Authority to proceed with the Dispatch Center Property acquisition and shall not proceed with acquiring the Dispatch Center Property until the Member Entity receives approval from the Red River Regional Dispatch Center Authority. Copies of all public documents held by Member Entities reflecting actions undertaken by the Member Entity pursuant to this section shall be provided to the Secretary. Section 16.08 EMINENT DOMAIN ACTIONS. In the event that a Member Entity is required to commence an eminent domain action to acquire Dispatch Center Property, the eminent domain action will be venued in a court having jurisdiction over such action, and as determined by the Member Entity commencing the eminent domain action. Section 16.09 REIMBURSEMENT FOR DISPATCH CENTER PROPERTY ACQUIRED AFTER EFFECTIVE DATE. The Member Entities agree and acknowledge that each Member Entity will be reimbursed for Dispatch Center Property that it acquires after the Effective Date of this Agreement pursuant to requests of the Red River Regional Dispatch Center Authority. Reimbursement to Member Entities will include, but not be limited to, the purchase price of the Dispatch Center Property, appraisal costs, negotiation costs, title preparation and examination