2023-19RESOLUTION NO. 2023-19
COUNCIL MEMBER WILLIS INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the Nebraska Legislature authorizes public entities to enter into Interlocal
Agreements pursuant to the Nebraska Interlocal Cooperation Act, Nebraska Revised Statutes,
§§13-801 to 13-827, etseq.; and
WHEREAS, the Papio-Missouri River Natural Resources District and the City of Blair are
both public entities who qualify to enter into an Interlocal Agreement under the Nebraska Interlocal
Cooperation Act; and
WHEREAS, the Papio-Missouri River Natural Resources District and the City of Blair
desire to conduct a study to evaluate a second water main connection between the Washington
County Rural Water System No. 2, and the City of Blair, evaluate the reconfiguration of the water
service boundaries, and evaluate the potential expansion of the Washington County Rural Water
System No. 2, to serve the area south and west of US Highway 75, east of County Road P33/33,
and north of County Road P32 that currently is not served by Washington County Rural Water
System No. 2; and
WHEREAS, the City of Blair desires to evaluate potential modifications to the City of
Blair's current water system to allow for the additional connection to the Washington County Rural
Water System No. 2, including but not limited to the evaluation of the proposed elevated water
storage reservoir at the existing south pump station and a new pump station on Highway 75 to
serve the proposed tower and the expanded rural water system.
WHEREAS, the Parties desire to retain an engineering consultant to evaluate the above-
described potential modifications with the project known as the Washington County Rural Water
System No. 2 Supplementary Water Main Connection Evaluation (the "PROJECT").
WHEREAS, the terms and conditions of the Interlocal Agreement are acceptable to the
City of Blair.
NOW, THEREFORE, BE IT RESOLVED that the Interlocal Agreement between the
Papio-Missouri River Natural Resources District and the City of Blair, is hereby adopted and
approved by the municipality and the Mayor and City Clerk of the City of Blair are hereby
authorized and directed to execute the same on behalf of the municipality.
COUNCIL MEMBERWILLIS MOVED THAT THE RESOLUTION BE ADOPTED AS READ,
WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER PAULSEN. UPON
ROLL CALL, COUNCIL MEMBERS FERRARI, SANDVOLD, WILLIS, WOLFF, SCHANK,
PAULSEN AND HAFER VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING
`NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND
APPROVED THIS 13TH DAY OF JUNE, 2023.
ATTEST:
BRENDA WHEELER, CITY CLERK
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COUNTY )
CITY OF BLAIR, NEBRASKA
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 13th day of
June, 2023.
BRENDA WHEELER, CITY CLERK
INTERLOCAL COOPERATION ACT AGREEMENT
Between
PAPIO-MISSOURI NATURAL RESOURCES DISTRICT
And
THE CITY OF BLAIR, NEBRASKA
THIS AGREEMENT (hereinafter referred to as "THIS AGREEMENT") is made
pursuant to the Nebraska Interlocal Cooperation Act, Sections 13-801 to 13-827, et seq., by
and among the PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT, a
subdivision of the State of Nebraska (hereinafter referred to as "the DISTRICT") and the
CITY OF BLAIR, a municipal corporation of the State of Nebraska (hereinafter referred
to as "the CITY"). The DISTRICT and the CITY are hereinafter referred to individually
as a "PARTY" and collectively as the "PARTIES."
WHEREAS, the CITY and the DISTRICT are governmental bodies organized
under the laws of the State of Nebraska;
WHEREAS, the CITY provides quality drinking water to its citizens within its
jurisdiction and adjacent areas;
WHEREAS, the DISTRICT provides quality drinking water to certain areas
surrounding the CITY's jurisdiction within Washington County through a water
distribution system known as the Washington County Rural Water System No. 2;
WHEREAS, the DISTRICT purchases water from the CITY to distribute through
the DISTRICT's Washington County Rural Water System No. 2 (the "WCRWS");
WHEREAS, the PARTIES desire to conduct a study to evaluate a second water
main connection between the WCRWS and the CITY, evaluate the reconfiguration of the
water service boundaries, and evaluate the potential expansion of the WCRWS to serve the
area south and west of US Highway 75, east of County Road P33/33, and north of County
Road P32 that currently is not served by WCRWS; and
WHEREAS, the CITY desires to evaluate potential modifications to the CITY's
current water system to allow for the additional connection to the WCRWS including but
not limited to the evaluation of the proposed elevated water storage reservoir at the existing
south pump station and a new pump station on Highway 75 to serve the proposed tower
and the expanded rural water system.
WHEREAS, the PARTIES desire to retain an engineering consultant to evaluate
the above-described potential modifications with the project known as the Washington
County Rural Water System No. 2 Supplementary Water Main Connection Evaluation (the
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"PROJECT")
NOW, THEREFORE, DISTRICT and CITY, in consideration of the mutual
covenants contained herein, agree as follows:
1. PURPOSE OF AGREEMENT. The purpose of THIS AGREEMENT is to
set forth the terms under which the PROJECT will be undertaken and to specify the rights,
duties and obligations of the PARTIES in connection therewith. The PROJECT will be
undertaken without any separate legal entity being created.
2. THE ENGINEERS. Within thirty (30) days after the effective date of
THIS AGREEMENT, the DISTRICT, as the Contract Administrator for the PROJECT,
shall procure engineering services pursuant to DISTRICT's Directors policy and retain one
or more engineering consultants (hereinafter referred to collectively as "the
ENGINEERS") approved in writing by the CITY (such approval to not be withheld or
delayed unreasonably) to conduct the study and evaluation for the PROJECT. Failure of
the CITY to approve the DISTRICT'S selection of the ENGINEERS may be cause for
termination of THIS AGREEMENT at the sole discretion of the DISTRICT.
3. PROJECT COSTS. As the Contract Administrator, the DISTRICT will
review, and upon determination of appropriate charges, shall pay the costs of the
ENGINEERS per the terms of the Agreement between the DISTRICT and the
ENGINEERS, which are estimated to total $64,800 (the "ENGINEERS COSTS"). If the
agreement between the DISTRICT and the ENGINEERS requires an amendment, such
proposed amendment shall be sent to the CITY for approval in writing (such approval to
not be withheld or delayed unreasonably). If the CITY fails to respond to the proposed
amendment within ten (t0) days, the proposed amendment shall be deemed to be approved
by the CITY.
4. CITY's PROJECT CONTRIBUTION. The DISTRICT shall initially
bear the ENGINEERS' COSTS. Upon the completion of the PROJECT, the CITY shall
reimburse one-half (1/2) of the ENGINEERS COSTS to the DISTRICT within thirty (30)
days of DISTRICT's written notification.
5. CITY'S USE OF ENGINEER'S EVALUATION AND STUDY. Upon
the payment of the CITY's project contribution, the CITY shall be entitled to a copy of the
ENGINEER'S evaluation and study to utilize in the CITY's future plans for its water
system.
6. 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, political or religious opinions,
affiliations or national origin.
7. CAPTIONS. Captions used in THIS AGREEMENT are for convenience
and are not used in the construction of THIS AGREEMENT.
8. APPLICABLE LAW. In performing THIS AGREEMENT the PARTIES
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shall conform to all applicable state and federal laws, rules and regulations. This
AGREEMENT shall be governed by the laws of the State of Nebraska.
9. MODIFICATION. THIS AGREEMENT contains the entire agreement of
the PARTIES. No representations were made or relied upon by any of the PARTIES other
than those 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 such PARTY.
10. INVALID PROVISIONS. In the event that any covenant, condition, or
provision herein contained is held to be invalid by any court of competent jurisdiction, the
invalidity of any such covenant, condition, or provision herein contained shall not affect the
validity of the remainder of the covenants, conditions or provisions of THIS
AGREEMENT which shall in all respects remain a legally binding agreement with the
invalid portion being deleted; provided that the validity of any such covenant, condition, or
provision does not materially prejudice any of the PARTIES in its respective rights and
obligations contained in the valid covenants, conditions, or provisions of THIS
AGREEMENT.
11. NON -WAIVER. No delay or failure by any 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. A valid waiver by any of the PARTIES shall not be deemed to extend the
amount of time available to perform any other act required under THIS AGREEMENT.
12. DEFAULT. If any of the PARTIES fails to comply with any provision of
THIS AGREEMENT after reasonable request for performance has been served on such
party, the remaining PARTIES may seek specific performance of THIS AGREEMENT
upon written notice to the other PARTIES.
13. EFFECTIVE DATE AND TERM. THIS AGREEMENT shall become
effective upon its execution by all PARTIES and shall be terminated upon the PARTIES
satisfying all obligations taken on hereunder.
14. NOTICES. Notices to the respective parties provided for in THIS
AGREEMENT shall be sufficient if sent by certified or registered mail, postage prepaid,
addressed as follows:
To the DISTRICT:
General Manager
Papio-Missouri River NRD
8901 South 150' Street
Omaha, Nebraska 68138-3621
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To the CITY:
Director of Public Works
City of Blair
218 South 16th Street
Blair, NE 68008
or to such other respective representative(s) or address(s) as the respective PARTY may
designate to the other PARTIES from time to time in writing.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year first written above.
PAPIO-MIS
NATURAL
IC MIA
NAME:
TITLE: General Manager
ADDRESS: 8901 South 154th Street
Omaha NE 68138
CITY OF BLAIR, NEBRASKA
BY.
NAME: Melinda Rump
TITLE: Mayor
ADDRESS: 218 South 16th Street
Blair, NE 68008
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