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<br />JOINT POWERS AGREEMENT <br />(THIRD AMENDED AND RECONSTITUTED) <br />(Joint Dispatch Center) <br /> <br />THIS AGREEMENT, is made and entered into effective the t"B.yL. day of OtCemJ.Jff ,2008, <br />by and between THE CITY OF FARGO, NORTH DAKOTA, a municipal corporation, <br />hereinafter called "Fargo", THE CITY OF WEST FARGO, NORTH DAKOTA, a municipal <br />corporation, hereinafter called "West Fargo", THE CITY OF MOORHEAD, MINNESOTA, a <br />Minnesota municipal corporation, hereinafter called "Moorhead", THE COUNTY OF CASS, <br />(sometimes designated "Cass County Government"), a corporate body and county under the <br />laws of the State of North Dakota, hereinafter called "Cass County", and CLAY COUNTY, <br />MINNESOTA, a corporate body and county under the laws of the State of Minnesota, <br />hereinafter called "Clay County", amends and supersedes the prior Amended Joint Powers <br />Agreements executed by the parties in March 2002 and again effective January 1, 2008. <br /> <br />WITNESSETH: <br /> <br />WHEREAS, pursuant to Chapter 54-40.3, N.D.C.C. and Minnesota Statutes Section <br />471.59 (joint exercise of powers), the above-named governmental units have the legal authority <br />to enter into an agreement, through action of their respective governing bodies, to jointly or <br />cooperatively exercise any power common to the contracting powers or any similar powers, <br />including those which are the same except for territorial limits within which they may be <br />exercised; and <br /> <br />WHEREAS, Fargo, Moorhead, Cass County, and Clay County previously entered into a <br />Joint Powers Agreement in 2001, to jointly establish and administer a dispatch center and related <br />dispatch service; and <br /> <br />WHEREAS, a joint dispatch center was established, known as "Red River Regional <br />Dispatch Center", hereinafter referred to as "RRRDC"; and <br /> <br />WHEREAS, the parties established a joint board to administer the joint dispatch center, <br />said board known as the "Red River Regional Dispatch Center Board of Authority", hereinafter <br />referred to as "BOA"; and <br /> <br />WHEREAS, the original Joint Powers Agreement was amended on March 22, 2002; and <br />again effective January 1,2008; and <br />