2017-26RESOLUTION 2017 - 26
COUNCIL MEMBER STEWART INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS the City of Blair, Nebraska, has been presented with an Interlocal Agreement
between the City of Blair, Nebraska, and Papio-Missouri River Natural Resources District for
California Bend Restoration Project Public Access; and
WHEREAS, the terms and conditions thereof are acceptable to the municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF BLAIR, NEBRASKA, that the Interlocal Agreement attached hereto, marked
Exhibit "A" and by this reference made a part of hereof as though fully set forth herein is hereby
approved by the City of Blair, Nebraska.
BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF THE CITY
OF BLAIR, NEBRASKA, are hereby authorized to execute and deliver, on behalf of the City of
Blair, Nebraska, any documents that may be necessary for approval of said agreement.
COUNCIL MEMBER ANDERSEN MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WILLIS. UPON
ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, HANSEN, WILLIS, WOLFF,
ANDERSEN AND JENSEN VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING
"NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AD
ADOPTED THIS 13TH DAY OF JUNE, 2017.
CITY OF BLAIR, NEBRASKA
BY
JA%S E. REALPH, MAYOR
ATTEST:
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. WHEELER, hereby certifies that she is the duly appointed, qualified and acting City
Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and
adopted at a regular meeting of the Mayor and City Council of said City held on the 13th day of
June, 2017.
BRENDA R. WHEELER, CITY CLERK
INTERLOCAL COOPERATION ACT AGREEMENT
Between
THE CITY OF BLAIR, NEBRASKA
And
PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT
For
CALIFORNIA BEND RESTORATION PROJECT
PUBLIC ACCESS
THIS AGREEMENT ("THIS AGREEMENT") is made pursuant to the
Nebraska Interlocal Cooperation Act, Neb. Rev. Stat. Sections B -bol to 13-827,
et seq., by and between the following parties ("the PARTIES"), to wit: the
PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT ("the
NRD"), and the CITY OF BLAIR, NEBRASKA ("the CITY").
RECITALS:
WHEREAS, the California Bend environmental restoration project
("CALIFORNIA BEND PROJECT") is comprised of approximately 22o acres of land
owned by and/or subject to easements of the NRD located on the west bank of the
Missouri River floodplain between river miles 648.4 and 650.2, northeast of the CITY in
Washington County, Nebraska in Section 32, Township 1g North and Range 12 East and
Section 5, Township 18 North and Range 12 East; and
WHEREAS, the NRD is separately a party to a Project Cooperation Agreement
with the U.S. Army Corps of Engineers under which the NRD has certain responsibilities
for maintenance and operation of the CALIFORNIA BEND PROJECT, and under
which the NRD has agreed to certain use restrictions related to the project area; and
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WHEREAS, the CITY desires to facilitate public access to the CALIFORNIA
BEND PROJECT area consistent with the terms of the NRD's Project Cooperation
Agreement,
NOW THEREFORE, for and in consideration of the foregoing recitals and the
mutual covenants of the parties hereinafter expressed, the PARTIES agree as follows:
1. FACILITATION OF PUBLIC ACCESS. Subject to approval by the
general manager of the NRD, the CITY may, at its sole expense, make certain
improvements ("IMPROVEMENTS") to facilitate public access to, and use of, the
CALIFORNIA BEND PROJECT area as follows:
a. The CITY may rock and maintain the existing access roads/trails
marked on Exhibit A, attached hereto.
b. The CITY may develop several points of public entry to features or
areas of interest inside the boundaries of the CALIFORNIA BEND PROJECT area for
passive recreational activities including but not limited to fishing, birdwatching, bildng,
hildng and photography.
C. The CITY may install a new controlled public entrance at the south
end of the CALIFORNIA BEND PROJECT area, as marlced on Exhibit A, attached
hereto, to allow public access by foot and/or bicycle, but which restricts access by vehicles.
2. MAINTENANCE OF IMPROVEMENTS. The CITY agrees to maintain,
at its sole expense, any IMPROVEMENTS placed in or on the CALIFORNIA BEND
PROJECT area until and unless such time as the CITY notifies the NRD it is
discontinuing and/or removing said IMPROVEMENTS. The CITY agrees the NRD has
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no obligation to maintain any IMPROVEMENTS made by the CITY or to reimburse the
CITY for the value of any IMPROVEMENTS left in or on the CALIFORNIA BEND
PROJECT area.
3. SIGNAGE. The CITY agrees to post signage, in a form and location
approved by the NRD, notifying the public that in the CALIFORNIA BEND PROJECT
area:
a. No harvesting or collecting of berries, nuts, fruit, wood, vines or
other material is permitted.
b. No large public events or overnight camping is permitted.
C. No dogs, other than service dogs, are allowed at any time.
D. No hunting is allowed.
4. HUNTING AND FISHING. Public fishing is permitted with a valid
license. Hunting is not permitted due to the danger and liability associated with the
invitation of the public to enter the CALIFORNIA BEND PROJECT area for other
activities.
5. USE OF NRD PROPERTY. The NRD shall permit access to the
CALIFORNIA BEND PROJECT area by the CITY and by the public consistent with
the terms of THIS AGREEMENT.
6. NRD ACCESS. Nothing in THIS AGREEMENT shall in any way restrict
access to the CALIFORNIA BEND PROJECT area by the NRD for any purpose at any
time, including any necessary access to fulfill responsibilities under the separate Project
Cooperation Agreement.
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7. DURATION AND TERMINATION. THIS AGREEMENT shall
continue in effect for so long as mutually desired by the PARTIES. Either PARTY may
terminate THIS AGREEMENT upon written notice to the other. Whereas the NRD is
obligated to comply with the terms of the Project Cooperation Agreement with the U.S.
Army Corps of Engineers, the failure of the CITY or the public to abide by the use
restrictions set forth herein may result in termination of THIS AGREEMENT and the
area being closed to public access.
8. INDEMNIFICATIONS. The CITY shall defend, indemnify, and hold the
NRD harmless from and against all costs and expenses, including attorneys' fees and court
costs, resulting from claims, demands or causes of action for personal injury or property
damage arising out of or resulting from the CITY'S construction, maintenance, repair, or
replacement of the IMPROVEMENTS, excepting such personal injuries or property
damages as may be caused by the negligence of the NRD. The NRD shall defend,
indemnify, and hold the CITY harmless from and against all costs and expenses, including
attorneys' fees and court costs, resulting from claims, demands or causes of action for
personal injury or property damage arising out of or resulting from the NRD'S operation
or maintenance of the project area under its Project Cooperation Agreement with the U.S.
Army Corps of Engineers, excepting such personal injuries or property damages as may be
caused by the negligence of the CITY.
9. NOTICES. Any notice under the terms of THIS AGREEMENT shall be
deemed to have been given upon actual receipt by mail or electronic mail, or within
forty-eight (48) hours after written notice has been deposited in the United States mail;
and
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a) Notices to the CITY provided for in THIS AGREEMENT shall be
addressed to:
Mayor
City of Blair, Nebraska
218 South 16th Street
Blair, Nebraska 68008
b) Notices to the NRD provided for in THIS AGREEMENT shall be
addressed to:
General Manager
Papio-Missouri River NRD
89o1 South 154th Street
Omaha, Nebraska 68138-3621
or to such other respective address(s) as the PARTIES may
designate to each other from time to time in writing.
1o. NONDISCRIMINATION. The PARTIES shall not, in the performance
of THIS AGREEMENT, discriminate or permit discrimination in violation of federal
or state laws or local ordinances because of race, color, sex, age, disability under the
Americans with Disabilities Act, political or religious opinions, affiliations or national
origin.
11. APPLICABLE LAW. The PARTIES to THIS AGREEMENT shall
conform to all existing and applicable state laws, federal laws, and all existing and
applicable rules and regulations. Nebraska law will govern the terms and the
performance under THIS AGREEMENT.
OMA -435106-2 5
12. MODIFICATION. THIS AGREEMENT contains the entire agreement
of the PARTIES. No representations were made or relied upon by either of the
PARTIES other than those that may be expressly set forth herein. No agent, employee
or other representative of any PARTY is empowered to alter any of the terms hereof
unless done in writing and signed by an authorized officer of each PARTY.
13. INTERLOCAL COOPERATION ACT PROVISIONS. THIS
AGREEMENT shall not create any separate legal or administrative entity. It shall be
administered jointly by the PARTIES as provided herein through representatives to be
designated by and on behalf of each PARTY. Each PARTY shall separately finance and
budget its own duties and functions under THIS AGREEMENT. There shall be no
jointly held property as a result of THIS AGREEMENT. Upon termination, the NRD
shall have ownership of any IMPROVEMENTS made to the property. THIS
AGREEMENT does not authorize the levying, collecting or accounting of any tax.
14. NON -WAIVER. No delay or failure by either of the PARTIES to
exercise any right under THIS AGREEMENT, and no partial or single exercise of that
right, shall constitute a waiver of that or any other right unless otherwise expressly
provided herein.
15. EFFECTIVE DATE. THIS AGREEMENT shall become effective upon
its execution by the PARTIES.
IN WITNESS WHEREOF, the parties have executed THIS AGREEMENT on
the dates hereinafter indicated pursuant to authorizing resolutions duly adopted at
regularly called meetings of their governing bodies.
The CITY executed THIS AGREEMENT on , 2017.
OMA -435106-2 6
12. MODIFICATION. THIS AGREEMENT contains the entire agreement
of the PARTIES. No representations were made or relied upon by either of the
............,—"...:..........RAR'I`IES other= than -those that maybe expressly -set -forth -herein; No-agent;.employee.......... ..................._.............
or other representative of any PARTY is empowered to alter any of the terms hereof
unless done in writing and signed by an authorized officer of each PARTY.
13• INTERLOCAL COOPERATION ACT PROVISIONS. THIS
AGREEMENT shall not create any separate legal or administrative entity. It shall be
administered jointly by the PARTIES as provided herein through representatives to be
designated by and on behalf of each PARTY. Each PARTY shall separately finance and
budget its own duties and functions under THIS AGREEMENT. There shall be no
jointly held property as a result of THIS AGREEMENT. Upon termination, the NRD
shall have ownership of any IMPROVEMENTS made to the property. THIS
AGREEMENT does not authorize the levying, collecting or accounting of any tax.
14• NON -WAIVER. No delay or failure by either of the PARTIES to
exercise any right under THIS AGREEMENT, and no partial or single exercise of that
right, shall constitute a waiver of that or any other right unless otherwise expressly
provided herein,
x5. EFFECTIVE DATE. THIS AGREEMENT shall become effective upon
its execution by the PARTIES.
IN WITNESS 'WHEREOF, the parties have executed THIS AGREEMENT on
the dates hereinafter indicated pursuant to authorizing resolutions duly adopted at
regularly called meetings of their governing bodies.
The CITY executed THIS AGREEMENT on lune 2� , 20x7•
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THE CITY OF BLAIR, NEBRASKA
By
Atte t: , Mayor
('� OKJ'0-�
City Clerk
The NRD executed THIS AGREEMENT on % Tv ( , 2017.
PAPIO-MISSOURI RIVER NATURAL
By
JOHN
OMA -435106.2 7
DISTRICT
General Manager
Agenda Item: 11.
Memorandum
To: Programs, Projects and Operations Subcommittee
Re: Interlocal Cooperation Act Agreement Between The City of Blair, Nebraska and Papio-
Missouri River Natural Resources District for California Bend Restoration Project Public
Access
From: Jim Becic
Date: 2 June, 2017
The approximately 220 acre, California Bend Environmental Restoration Project is owned by the
NRD and is adjacent to and north of Blair, Nebraska along the Missouri River. The habitat
restoration project was completed in 2003 utilizing the Corps of Engineers' Section 1135
funding authority, the Nebraska Environmental Trust and NRD contributing costs. Limited
public recreation opportunities were to be allowed at a future date. Following the restoration
construction at the site, the City of Blair and the NRD jointly developed the California Bend
Recreation & Habitat Master Plan for the purpose of allowing the general public access to the
site for fishing, hiking, biking, nature observation and what are generally considered passive
activities.
The attached Interlocal Cooperation Act Agreement Between The City of Blair, Nebraska and
the Papio-Missouri River Natural Resources District for California Bend Restoration Project
Public Access (ICA) has been drafted to allow the City of Blair, with NRD Management's
review and approval, to make improvements to the site, maintain these improvements and
provide signage that would facilitate access for the general public.
Management therefore recommends that the Programs, Projects and Operations
Subcommittee recommend to the Board of Directors that the General Manager be
authorized to execute this Interlocal Cooperation Act Agreement Between The City of
Blair, Nebraska and Papio-Missouri River Natural Resources District for California Bend
Restoration Project Public Access, subject to changes deemed necessary by the General
Manager and approval as to form by District Legal Counsel.
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