2022-02-08 COB & WA CTY for extension of water main to Berry Hill RoadRESOLUTION 2022-7
COUNCIL MEMBER WILLIS INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS the City of Blair, Nebraska, has been presented with an Interlocal Agreement
between the City of Blair, Nebraska, and Washington County, Nebraska for the purpose of
extending a 6" water main along Berry Hill Road from Highway 30 to County Road 26 to enhance
the water quality to county facilities.
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.
COUNCILMEMBER KEVIN WILLIS MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER KEVIN HALL.
UPON ROLL CALL, COUNCILMEMBERS SHEPARD, STEWART, RUMP, WILLIS, HALL,
SCHANK AND JENSEN VOTING "AYE", AND COUNCILMEMBERS NONE VOTING
"NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND
ADOPTED THIS 8TH DAY OF FEBRUARY 2022.
ATTEST:
CITY CLERK
CITY OF BLAIR, NEBRASKA
BY
RICHARD HANSEN, MAYOR
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 81h day of
February 2022.
BRENDA WHEELER, CITY CLERK
INTERLOCAL AGREEMENT
This Agreement made this 5 day of , by and between the City of Blair,
Nebraska, a governmental subdivision, (herein after referred to as "BLAIR"), and Washington
County, Nebraska, a governmental subdivision, (hereinafter referred to as "COUNTY").
WHEREAS, the Interlocal Cooperation Act of the State of Nebraska, being
specifically§13-801 et seq. (N.R.S. Reissue 2012), allows local governmental units to cooperate
with other localities on a basis of mutual advantage and thereby to provide services and facilities
in a manner and pursuant to forms of governmental organization that will accord best with
geographic, economic, population, and other factors influencing the needs and development of
local communities; and
WHEREAS, the COUNTY and BLAIR desire to partner in order to enhance the water
quality to COUNTY buildings and adjacent residents to the area; and
WHEREAS, BLAIR owns, operates, and maintains certain water lines and access that
can assist in the enhancement of water quality; and
WHEREAS, it is necessary for COUNTY and BLAIR to enter into an agreement to set
forth their respective rights, duties and obligations.
NOW, THEREFORE, it -iv mutually agreed by and between the undersigned parties as
follows:
Z. PURPOSE
The purpose of this interlocat agreement is to improve the quality of water to certain
COUNTY buildings and to residents residing in and around the adjacent areas.
11. TERMS
A. COUNTY request BLAIR to extend 6" water main along Berry Hill Road
from Highway 30 to County Road 26, with fire hydrant in area abutting
County Maintenance shop property to enhance water quality to the County
facilities for the benefit of the employees by providing potable water to the
County Maintenance facilities.
B. BLAIR agrees to extend the water main as part of BLAIR water system by
providing all engineering, bidding and construction of new main and future
maintenance.
C. BLAIR agrees to install a water tap, stop box, meter pit in a location along
right of way fronting County property as directed by County as part of the
project. County shall be responsible for connecting water system to new
meter pit.
D. County shall notify BLAIR, within 45 days of initiating design process or
approval of this Interlocal agreement, the size of the tap and meter desired to
serve County facilities.
E. County agrees, upon completion, to pay any and all invoices produced by
BLAIR relating to the water line including but not limited to: costs for
engineering, construction, water tap, stop box, meter pit, fire hydrant, highway
bore and County Road 26 bore. County further agrees to pay all above
invoices within 60 days after receipt, unless an extension in agreed to by the
parties in writing.
F. County shall be responsible for payment of monthly BLAIR water bill at the
current rate set by BLAIR.
G. BLAIR shall waive its rural connection fee.
H. BLAIR shall be responsible for obtaining all necessary NDHHS plans
approvals and permits.
I. County hereby authorizes BLAIR access and permission to install water main
in Berry Hill right of way.
J. County recognizes that there can be no cross connections between BLAIR
water system and the current well or any other water supply.
III. SEVERABILITY
A. If any provision of this Agreement is determined by a court of competent
jurisdiction to be invalid or otherwise unenforceable, that provision will be
severed and the remainder of this Agreement will remain in full force and
effect. The parties further recognize that this Agreement shall be subject to
amendments in laws and regulations and to new laws and regulations. Any
law or regulation that invalidates, or is otherwise inconsistent with the terms
of this Agreement or that would cause one or both parties to be in violation of
the law or regulation, shall be deemed to have superseded the terms of this
Agreement, provided, however, that the parties shall exercise their best efforts
to accommodate the terms and intent of this Agreement to the greatest extent
possible.
IV. ENTIRE AGREEMENT AND BINDING EFFECT
A. This Agreement represents the full and complete understanding of every kind
or nature whatsoever between the parties hereto, and all preliminary
negotiations and Agreements in conflict of whatsoever kind or nature are
merged herein. No verbal Agreement or implied covenant shall be held to
vary the provisions herein.
B. This Agreement shall inure to the benefit of, and shall be binding upon, the
successors and assigns of the parties hereto.
V. CONTROLLING LAW AND VENUE
A. Any dispute that arises under or relates to this Agreement (whether contract,
tort, or both) shall be governed by Nebraska law.
IN WITNESS WHEREOF, the parties hereto have executed this Interlocal Agreement by their
respective duly authorized representatives.
CITY OF BLAIR, NEBRASKA
BY
ATTEST:
WASHINGTON COUNTY, NEBRASKA
BY
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