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Larry R. Baumann Kelley, Scritsmier & Byrne, P.C. North Platte, Nebraska.

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Presentation on theme: "Larry R. Baumann Kelley, Scritsmier & Byrne, P.C. North Platte, Nebraska."— Presentation transcript:

1 Larry R. Baumann Kelley, Scritsmier & Byrne, P.C. North Platte, Nebraska

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3 Superintendent Contracts Teacher Contracts American Institute of Architects (AIA) Contracts

4 Every duly organized school district shall be a body corporate and possess all the usual powers of a corporation for public purposes, may sue and be sued, and may purchase, hold, and sell such personal or real estate as the law allows. Power to contract School district has no powers other than what was given by the Legislature

5 The school board or board of education of any school district may enter into contracts under such terms and conditions as the board deems appropriate, for periods not to exceed four years, for the provision of utility services, refuse disposal, transportation services, maintenance services, financial services, insurance, security services, and instructional materials, supplies, and equipment and for collective-bargaining agreements with employee groups.

6 7,500 souls are now at risk

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26 Royal Links gave notice to the golf course in October 2004 that it would no longer fund the agreement and quit paying the course Royal Links filed for bankruptcy in Ohio in August 2005 Golf course quit paying under the Equipment Lease In June 2005, judgment was obtained against golf course in Pennsylvania court for $19, (rent payments from September 2004, late fees, attorney fees, costs, and interest) Judgment was filed in Nebraska, efforts were made to collect it Golf course attempted to block judgment, Nebraska court denied motion – contract terms were followed and judgment was obtained properly

27 Have a good working relationship with your attorney. Send documents to your attorney for review before signing anything. Advise your attorney of what you understand the deal to be. Be sure that any recommended changes from your attorney are in the final document before you sign.

28 Actually visit your attorney in person or talk to him on the phone so you understand what he recommends. NEVER sign an agreement which is governed by any law other than Nebraska law OR which gives jurisdiction to courts in another state. Either get the other party to agree to Nebraska law and jurisdiction or leave those parts blank.

29 Tompkins family Construction company founded in 1911 Built reflecting pool at Lincoln Memorial and other Washington D.C. landmarks Substantial family fortune In 2005, the family moved two trust accounts to Chevy Chase Bank Some heirs now want to move the money again (about $100 million) BUT the Agreement that was signed when the money was moved to Chevy Chase Bank says that they cannot pull their money out of the Bank unless all 94 family members who are beneficiaries of the trust agree


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