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<br />Draft 1/18/08 <br /> <br />JOINT POWERS AGREEMENT <br /> <br />This Joint Powers Agreement ("Agreement"), dated as of March 1,2008, is entered into <br />by and among Cass County (the "County") and the cities of Jamestown, Wahpeton and Valley <br />City, North Dakota (together, the "Cities"), each a political subdivision duly organized and <br />existing under the constitution and laws of the State of North Dakota (the "State"). <br /> <br />RECITALS <br /> <br />WHEREAS, North Dakota cities and counties are empowered by the Municipal Industrial <br />Development Act of 1955, North Dakota Century Code, Chapter 40-57 (the "Act") to, among <br />other things, 1) issue revenue bonds in anticipation of the collection of revenues of a project (as <br />defined therein) to finance, in whole or in part, the cost of the project, whether then in existence <br />or not and 2) enter into and perform such contracts and agreements with other municipalities and <br />political subdivisions as the respective governing bodies of the same may deem proper and <br />feasible for or concerning the financing of the project; and <br /> <br />WHEREAS, North Dakota cities and counties are empowered by Section 10 of Article <br />VII of the Constitution of North Dakota to enter into agreements, including those for cooperative <br />or joint administration of any powers or functions, with any other political subdivision, unless <br />otherwise provided by law or home rule charter; and <br /> <br />WHEREAS, North Dakota cities and counties are empowered under Chapter 54-40.3 of <br />the North Dakota Century Code (the "Joint Powers Act"), upon approval of their respective <br />governing bodies, to enter into an agreement with any political subdivision of the State for the <br />cooperative or joint administration of any power or function that is authorized by law or assigned <br />to one or more of them; and <br /> <br />WHEREAS, it has been proposed that the County issue revenue bonds to finance a <br />Project, as hereinafter described, located in the County and the Cities; and <br /> <br />WHEREAS, the bonds proposed to be issued shall not constitute an indebtedness or <br />pledge the full faith and credit of the County, the Cities, or any other agency or political <br />subdivision thereof, but shall be payable solely from the revenues pledged and assigned thereto <br />pursuant to the Indenture (as defined below); and <br /> <br />WHEREAS, the governing bodies of the County and the Cities have authorized the <br />execution and delivery of this Agreement and consented to the issuance of revenue bonds as <br />contemplated herein; <br />