2018-22RESOLUTION NO. 2018-22
COUNCILMEMBER WOLFF INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, an Interlocal Agreement between the City of Blair, Nebraska, and Sanitary
and Improvement District No. 4 of Washington County, Nebraska, has been prepared and
presented to the City Council providing for the sale of water from the City of Blair to Sanitary
Improvement District No. 4 of Washington County, Nebraska; and,
WHEREAS, the terms and conditions thereof are acceptable to the municipality.
NOW, THEREFORE, BE IT RESOLVED said Interlocal Agreement referred to
hereinabove is hereby adopted and accepted by the City of Blair and the Mayor and City Clerk are
hereby authorized and directed to execute same on behalf of the municipality.
COUNCIL MEMBER ANDERSEN MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER HALL. UPON
ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, HANSEN, WOLFF,
ANDERSEN, HALL AND JENSEN VOTING "AYE" AND COUNCIL MEMBERS NONE
VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND APPROVED THIS 28TH DAY OF AUGUST, 2018.
CITY OF BLAIR, NEBRASKA
BY
JA REALPH,"'MAYOR
ATTEST:
J&4t4� (/U�l.u.�.�
BRENDA WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA 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 28th day of
August, 2018. e6"
BRENDAWHEELER, CITY CLERK
INTER LOCAL AGREEMENT
On the 28th day of August, 2018, the City of Blair, Washington County, Nebraska,
hereinafter referred to as "City" and Sanitary and Improvement District No. 4 of Washington
County, Nebraska, a political subdivision, hereinafter referred to as "SID", do hereby enter into
this Inter Local Agreement pursuant to the following terms and conditions.
WHEREAS, the City is a city of the first class pursuant to Nebraska Revised Statues, 1943,
as amended, Section 16-101; and
WHEREAS, SID is a political subdivision formed pursuant to Nebraska Revised Statues,
1943, as amended, Section 31-727; and
WHEREAS, the parties have entered into this agreement pursuant to the Inter Local
Cooperation Act, Nebraska Revised Statues, 1943, as amended, Section 13-801 et seq; and
WHEREAS, SID has requested water from the City and desires to enter into this agreement
with the City for the supplying, furnishing, metering, and billing of water and it will serve the
public welfare and be in the best interest of both parties to enter into such an agreement.
THEREFORE, for and in consideration as set forth herein, the parties enter into this
agreement for the supply of water, reading meters and billing, as follows:
I. Responsibilities of the Parties.
It is hereby agreed by and between the parties that the City will supply water for residential
use to SID.
It is further agreed by and between the parties that the City will provide a master meter off
of the tap of City's main by the SID. The SID shall pay all applicable tapping fees for said tap and
shall comply with all of the City's specifications and requirements therefore. The SID shall be
responsible for water metered at said master meter. The rate shall be the regular rates applicable
to all users of the same main based on a minimum 2" meter. SID will pay to the City a $391.00
fee per household and a $250.00 per tap fee. Said fees shall be paid for each household connecting
to the SID distribution system which is supplied water from the City main.
In consideration of furnishing of such water to SID, SID herby agrees to pay all charges
and fees which may be set from time to time by the City for such water service.
SID shall be solely responsible for and shall maintain all of the SID distribution system,
including but not limited to, mains, meters, and piping and the City shall have no responsibility
for same whatsoever. The SID shall also be solely responsible for any licensing, inspection, or
other requirements for the operation of a water distribution system beyond the City main.
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IL Damages and Liabilities.
SID further herby agrees to indemnify and save harmless the City from any and all claims,
causes of action, losses, damages, expenses, or any other liability of every nature and kind without
exception, including but not limited to attorney fees, court costs, and expenses, causes of action,
or other liability arises from any suits, causes of action, claims or other liability arising out of or
by reason of providing of water by the City of Blair to SID except as may be caused by the
negligence of the City.
SID further herby specifically waives any damages resulting from injuries or loss of
property and herby releases the City from damages of any other nature or kind, liabilities, or
injuries arising from the furnishing of water by the City to SID except as may be caused by the
negligence of the City.
III. Performance and Termination.
SID specifically acknowledges that it has been informed and agrees that the City makes no
warranty, covenants, representations, or agreements as to the volume, velocity, quality, or the
continued water service from the City to SID except that the water shall meet the requirements of
the Nebraska Department of Health for potable water.
SID further specifically herby acknowledges that they have been informed and agree by
virtue of prior agreements or other unforeseen circumstance, it may be necessary for the City to
temporarily or permanently discontinue or interrupt service to SID and the City shall be relieved
of its obligations hereunder during such times.
In the event either party fails to perform any of its covenants and undertakings under this
agreement, said party shall be in default and written notice of the other party's intention to
terminate this agreement shall be given to that party's governing body unless such default is cured
within ten (10) days from the date of such notice. Upon failure to cure said default within said ten
(10) days, this agreement shall thereupon terminate and said party's shall thereafter by denied
service herein. The ten (10) day time period in which to cure any default shall be superseded by
any rules and regulations of the City generally applicable to customers of the City's municipal
water system including by not limited to payment for water usage or disconnect time periods.
Furthermore, any party who is terminated under the provisions of the above paragraph of
the agreement shall forfeit all rights acquired by the agreement to which said party may otherwise
be entitled upon the dissolution of this agreement. This article is not intended to limit the rights
of any party under this agreement to pursue any and all remedies it may have on breach of this
agreement.
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Any party's participation in this agreement may be terminated by thirty (30) days written
notice from the party to the other party. Upon termination, such party shall forfeit all right, title
and interest in and to any property acquired by the authority of this agreement.
IV. Miscellaneous.
This agreement shall be in full force and effect upon the execution of this agreement by all
of the parties listed herein, and shall continue in full force and effect subject to amendments until
terminated by either of the parties hereto or the expiration of twenty-four (24) years, whichever is
earlier.
This agreement may be amended by the parties from time to time, provided any amendment
shall be in writing and executed by both of the parties hereto.
Either parry hereto shall have the right to enforce by proceeding at law or in equity, all
restrictions, conditions, covenants, and reservations, now or hereinafter imposed by the provisions
hereof, either to prevent or restrain any violation of same, or to recover damages for such violation.
Failure by either party to enforce any covenant or restriction herein constrained shall in no event
be deemed a waiver of the right to do so thereafter.
In the event any provision of this agreement or the application hereof to any party or
circumstance is invalid, such in -validity shall not affect other provisions or applications of the
agreement which can be given effect without the invalid provision or application, and to this end
the provision of the agreement are declared to be severable.
In witness whereof, the parties hereto have caused their respective names and seals to be
affixed hereto, as of the day and year herein set forth.
Attest:
Attest:
City of Blair, Nebraska
A Municipal Corporation
By: _
Improvement District No. 4 of
Washington County, Nebraska
A Political Subdivision
r�
By: � (: L
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