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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"