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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 cooq � V ATTEST: j{ :Oli�yy:�;,C r•�