2006-18COUNCIL MEMBER BIFFAR INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS: the City of Blair, Nebraska, has been presented with an Amended Interlocal
Agreement between the City of lair, Nebraska, and the Village of Kennard, Nebraska, regarding
the water system service to the Village of Kennard, Nebraska.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF BLAIR, NEBRASKA, that the Amended 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 ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER BIFFAR.
UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL, ABBOTT,
WOLFF, FANOELE, MCMANIGAL AND BIFFAR VOTING "AYE" AND COUNCIL
MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING
RESOLUTION PASSED AND APPROVED THIS 25TH DAY OF APRIL, 2006.
ATTEST:
(SEAL)
BRENDA R. WHEELER, CITY CLERK
RESOLUTION NO. 2006 -18
CITY OF BLAIR, NEBRASKA
c r1�.
JAMEj E. REALPH, MAYOR
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 25th day of April, 2006.
BRENDA R. WHEELER, CITY CLERK
AMENDED INTERLOCAL AGREEMENT
On the 25 day of April, 2006, the City of Blair, Washington County, Nebraska, hereinafter
referred to as "City ", and the Village of Kennard, Washington County, Nebraska, hereinafter
referred to as "Village ", do hereby enter into this Interlocal Agreement pursuant to the following
terms and conditions.
WHEREAS, the parties have entered into this agreement pursuant to the Interlocal
Cooperation Act, Nebraska Revised Statutes, 1943, as amended, Section 13 -801, et seg.; and
WHEREAS, Village has requested water from City and desires to enter into this
agreement with City for the supplying, furnishing and metering 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 as follows:
I. Responsibilities of Parties.
It is hereby agreed by and between the parties that the City will supply water to Village.
It is further agreed by and between the parties that Village will provide a master meter,
per City's specifications, and install the same at Village's tap off of City's main, and that, once
installed, said meter will be owner by City. Village shall pay all applicable tapping fees for said
tap and shall comply with all of City's specifications and requirements therefore. Village shall
be responsible for water metered at said master meter. The rate shall be the regular rates
applicable to all Rural Residential Water Rates, as amended or modified from time to time by
Ordinance or Resolution duly adopted by the City of Blair. Village shall be given at least thirty
(30) days notice of any change in such rates. Attached hereto, marked Exhibit "A ", is a schedule
of the Rural Water Rates currently in effect.
In consideration of furnishing of such water to Village, Village hereby agrees to pay all
charges and fees which may be set from time to time by City for such water service.
Village shall be solely responsible for and shall maintain all of the Village
distribution system including, but not limited to, mains, meters and piping, and City shall have
no responsibility for same whatsoever. Village shall also be responsible for any licensing,
inspection, or other requirements for the operation of a water distribution system beyond the City
main.
The City will take over responsibility for the six (6) inch transmission main from the
point of connection onto the City of Blair water system thereon heading south along Highway 30
south, to the southeast corner of the intersection of Highway 30 and County Road P26 at the
newly constructed meter pit. Said pit shall be the responsibility of Kennard and the meter shall
be the responsibility of the City of Blair. In consideration of this transfer the City of Blair will
pay Kennard the sum of $36,000 upon the notice that pump station has been relocated and new
meter in service.
H. Damages and Liabilities.
Village further hereby agrees to indemnify and save harmless 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 of
litigation, which said claims, loses, damages, expenses, causes of action, or other liability arises
from any suites, causes of action, claims or other liability arising out of or by reason of providing
of water by City to Village, except as may be caused by the negligence of City.
Village further hereby specifically waives any damages resulting from injuries or loss of
property and hereby releases City from damages of any other nature or kind, liabilities, or
injuries arising from the furnishing of water by City to Village, except as may be caused by the
negligence of City.
III. Performance and Termination
Village specifically acknowledges that it has been informed and agrees that City makes
no warranty, covenants, representations, or agreements as to the volume, velocity, quality, or the
continued water service from City to Village, except that the water shall meet the requirements
of the Nebraska Department of Health for portable water.
Village further specifically hereby acknowledges that it has been informed and agrees
that, by virtue of prior agreements or other unforeseen circumstance, it may be necessary for City
to temporarily or permanently discontinue or interrupt service to Village, and 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 intension to
terminate this agreement shall be given to that party's governing body unless such default is
cured within twenty (20) days from the date of such notice. Upon failure to cure said default
within said twenty (20) days, this agreement shall thereupon terminate and said parties shall
thereafter be denied service hereunder. The twenty (20) day time period in which to cure any
default shall be superseded by any rules and regulations of City generally applicable to
customers of the City's municipal water system including, but 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.
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.
This agreement shall be in full force and effect upon the execution of this agreement by
all of the parties listed herein, and shall remain 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 party hereto shall have the right to enforce, by proceeding at law or in equity, all
restrictions, conditions, covenants, and restrictions, 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 contained 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 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 provisions 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:
add ir oktc_O
BRENDA R. WHEELER, CITY CLERK
ATTEST:
N. Miscellaneous.
CITY OF BLAIR, NEBRASKA,
VILLAGE OF KENNARD, NEBRASKA
A V LACE BOARD
CHAIRMAN CRONE, VILLAGE CLERK AIRMAN
Effective for Bills due 8/10/05
CITY OF BLAIR
WATER RATES
CITY
Residential Commercial
Customer Chg, per month per meter size Customer Chg, per month per meter size
First 15,000 CF /month, per HCF 0.981 First 65,000 CF /month, per HCF 1.015
Balance, per HCF 0.610 Balance, per HCF 0.610
RURAL
Residential Commercial
Customer Chg, per month per meter size Customer Chg, per month per meter size
First 15,000 CF /month, per HCF 1.472 First 65,000 CF /month, per HCF 1.472
Balance, per HCF 0.722 Balance, per HCF 0.722
Industrial City Departments
Customer Chg, per month 0.00 Customer Chg, per month 0.00
Commodity Charge, per HCF 0.554 Commodity Chg, per HCF 0.554
CUSTOMER CHARGE /BY METER SIZE
City Water Rural Water
Meter Size Residential Comm/Ind. Residential Comm/Ind.
5/8" $ 8.40 $11.25 $14.55 $14.55
3/4" 12.00 15.45 16.75 16.75
1" 16.00 18.00 23.50 23.50
1 1/2" 32.50 37,00 40.00 40.00
2" 54.50 62.00 55.00 65.00
3" 115.00 132.00 115.00 130.00
4" 197.50 227.00 200.00 230.00
6" 445.00 512.00 450,00 515.00
8" 775,00 895.00 780.00 895,00
Exhibit "A"