Officials: Petition too late

While the signatures have been gathered for a referendum to rescind contracts between the city of McCook and engineering firms working on a solution to McCook's water quality problem, the city contends they have come too late.

The McCook City Council will be asked to allow administrators to send the petition to the Red Willow County court for signature verification. However, the council also will be asked to direct City Attorney Daylene Bennet to file a declaratory judgment action in Red Willow County District Court to determine whether the initiative was filed in a timely manner.

The petition, which was started by Councilman Phil Lyons, Gary J. Powers and Keith Arterburn, requests a special election which would ask voters "Shall the city of McCook rescind the contracts for engineering services not to exceed $682,000, incident to design and construction of a well field north of McCook, not including costs of testing, construction or land acquisition."

According to a memo from Bennett, her research shows that the referendum should have been filed by June 20.

Bennett cited Nebraska law which says, in part that "measures relating to the acquisition, construction, installation, improvement or enlargement, including financing or refinancing of the costs, of public ways, public property, utility systems and other capital projects and measures" are subject to a limited referendum.

She pointed out that limited referendums should "ordinarily take effect 30 days after their passage by the governing body ... Referendum petitions directed at measures subject to limited referendum shall be filed for signature verification ... within 30 days after the measures passage by the governing body..."

The council approved the engineering contracts on May 19.

City Manager John Bingham said if the referendum is placed on the ballot, and the contracts are rescinded, the wording of the document is such that the council will simply need to execute new contracts with the W Design and Miller & Associates, the current engineers on the project, or develop contracts with a different engineering firm.

The council also will go into executive session to discuss land negotiations and, following the executive session, will be asked to approve water conservation easement agreements with various landowners for further testing of water in the proposed north well field.

Bingham said the contracts with the landowners and the engineers are worded in such a way that the city will be allowed to cancel them at any time.

The water conservation easements are not land purchases, Bingham said, but rather contracts for use of the water under the landowners' property.

In other action, the council will be asked to:

* Conduct a public hearing for a request for special exception to construct a four-plex at 602 W. Second.

* Adopt a resolution to approve the professional retail operations agreement with Nebraska Public Power District.

* Approve a letter of intent with the Kearney Air Transportation Committee.

* Approve the automatic renewal of liquor licenses to businesses in the city of McCook with the exception of the Fireside Inn and Rockin' Robin.