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Execution Version <br />1 <br />Member Mayor Dr. Tim Mahoney introduced the following resolution and moved <br />for its adoption: <br />RESOLUTION REQUESTING THAT CASS COUNTY <br />ACQUIRE ROAD RIGHTS-OF-WAY <br />(SWDCAI – Phase 4) <br />WHEREAS, the City of Moorhead, the City of Fargo, Clay County, Cass County, and the <br />Cass County Joint Water Resource District (the “Member Entities”) entered into a Joint Powers <br />Agreement (“JPA”), dated June 1, 2016, creating the Metro Flood Diversion Authority (the <br />“Authority”); and <br />WHEREAS, section 4.04 of the JPA provides that the North Dakota Member Entities will <br />be responsible for certain elements of the Comprehensive Project, including: <br />(a) An approximately thirty (30) mile, 20,000 cubic feet per second (cfs) storm water <br />diversion channel and associated features (“SWDCAI”); <br />(b)The channel outlet; <br />(c)The Rush and Lower Rush River hydraulic structures; <br />(d)The Maple River aqueduct; <br />(e)The Sheyenne River aqueduct; <br />(f)The tie-in to USACE’s diversion inlet structure project; <br />(g)Railroad bridges; <br />(h)In-town levees located in the City of Fargo; <br />(i)Road raises within the protected area, outside of any city limits; <br />(j)The Oxbow-Hickson-Bakke levee; <br />(k)Recreation features located in North Dakota; <br />(l)Environmental mitigation features and associated structures for the SWDCAI <br />located in North Dakota specifically within the channel mitigation features; and <br />(m)Lands, easements, and rights-of-way; and <br />WHEREAS, article 12 of the JPA provides the Authority with the authorization to request <br />that a Member Entity undertake certain elements of the Comprehensive Project; and