2008-41ATTE §T:
BItNDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
RESOLUTION 2008 - 41
COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS the City of Blair, Nebraska, has been presented with an Interlocal Agreement
between the City of Blair, Nebraska, and Blair Rural Fire District pursuant to Nebraska Statute
§35 -901 et.seq., a copy of said Agreement being attached hereto, marked Exhibit "A" and
incorporated by this reference herein; and,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF BLAIR, NEBRASKA, that the 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 FANOELE.
UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL,
FANOELE, CHRISTIANSEN, WOLFF, ABBOTT AND BIFFAR VOTING "AYE ", AND
COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE
FOREGOING RESOLUTION PASSED AD ADOPTED THIS 11 DAY OF NOVEMBER,
2008.
CITY OF BLAIR, NEBRASKA
B►.
Jl� M E. REALPH, MAYOR
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 11th day of November, 2008.
BRENDA R. WHEELER, CITY CLERK
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 Ordinance was passed
and approved at a regular meeting of the Mayor and City Council of said City held on the 11th day of
November, 2008.
C
BRENDA R. WHEELER, CITY CLERK
INTER -LOCAL AGREEMENT BETWEEN THE CITY OF BLAIR. NEBRASKA AND
THE BLAIR RURAL FIRE PROTECTION DISTRICT RELATING TO PUBLIC FUNDS
THIS AGREEMENT is entered into on the 11th day of November, 2008, by and between
the City of Blair, hereinafter referred to as "City" and the Blair Rural Fire Protection District,
hereinafter referred to as "District ".
WHEREAS, the parties intend for this Agreement to be an Inter -Local Agreement as
provided under the Inter -Local Cooperation Act as established in Neb. Rev. Stat. § 13 -802, et seq.
WHEREAS, the parties hereto have previously entered into a Mutual Fire Protection
Agreement for the jurisdictional area of the City and the jurisdictional area of the District and
relating to the housing and storage of fire equipment and establishing the rights and obligations
of the parties hereto for the housing and storage of such fire equipment.
WHEREAS, the Nebraska Legislature recently passed LB1096 which sets forth
restrictions on the use of public funds by volunteer fire departments in the State of Nebraska.
Further, the Nebraska Attorney General issued an Opinion dated June 16, 2008 interpreting the
language of LB1096.
WHEREAS, pursuant to the unicameral mandate, the City has entered into an agreement
with the Blair Volunteer Fire and Rescue Department regarding the collection and deposit of
public funds pursuant to LB1096 §35 -901 et. seq. which requires all public funds be budgeted
and spent pursuant to City policies and procedures as mandated by the Nebraska Budget Act.
WHEREAS, in order to comply with Nebraska law the City and the District hereby enter
into an Inter -local Agreement to ensure that the parties are in compliance with the newly enacted
Nebraska law.
FOR VALUABLE CONSIDERATION, MUTUAL COVENANTS AND PROMISES
HEREIN, IT IS AGREED BY AND BETWEEN CITY AND DISTRICT AS FOLLOWS:
1. Subdivision of the City and Rural Fire District: Blair Fire & Rescue Volunteers
are and shall remain a subdivision of the City of Blair, Nebraska, and also serve
as members of the Blair Rural Fire District pursuant to the City of Blair
ordinances and Nebraska State statutes which create a Volunteer Fire and Rescue
Department.
2. Allocation of Funds: Pursuant to the Nebraska Attorney General's Opinion
concerning LB 1096 dated June 16, 2008 which indicates that the funds generated
by the District prior to July 17, 2008 pursuant to §35- 901(4)(b)(i, ii, iii) shall
remain the funds of the District, provided that there is not a successful challenge
to the Nebraska Attorney General's Opinion, dated June 16, 2008, or the
Nebraska Court of Appeals and /or the Nebraska Supreme Court or the Nebraska
Legislature does not overturn said Opinion. If the Legislature or any court
overturns the Attorney General's Opinion, the City reserves the right to obtain an
audit and comply with Nebraska law. The City further agrees that the District
may use, at its own discretion, funds received or billed for all rescue calls
performed prior to July 18, 2008, regardless of when the funds are collected, to
satisfy any and all obligations, as they deem necessary, under the District's
current retention and recruitment program.
3. Collection of Public Funds: All public funds collected pursuant to LB1096, §35-
901(4)(b) shall be deposited in a separate checking account under the control of
the City Treasurer and all expenditures of those funds as defined in the Nebraska
Budget Act shall be submitted as claimed and approved by the City, and
published as required by law pursuant to §35- 901(6). Further, the parties
CITY OF BLAIR, NEBRASKA
By.
J
ATTEST:
acknowledge that the rental of any city owned facilities are public funds as set
forth in §35- 901(4)(b)(i,ii,iii) and shall be remitted to the City Treasurer for
deposit into the separate District enterprise fund.
4. Binding Agreement: This agreement shall be binding upon both parties and shall
enure to the benefit of the parties hereto or their successors and assigns.
DATED: N 6(Cif\bX // , 2008.
alph, Mayor
/ /
Brenda R. Wheeler, City Clerk
STATE OF NEBRASKA )
) :ss:
COUNTY OF WASHINGTON )
BLAIR RURAL FIRE PROTECTION
DISTRICT
_ d
ut1iorized Representative of
Blair Rural Fire Protection District
The foregoing instrument was acknowledged before me by James Realph, Mayor of the
City of Blair on die } e,n (// , 2008.
i-104wwiuL h L30 ,L-
Notary Public
STATE OF NEBRASKA
COUNTY OF WASHINGTON
T,}�e foregoing instrument was acknowledged before me by
-JJ- "1Ar , Authorized Representative of the Blair Rural Fire
Protection District on /v./we (Y) , - 1 / , 2008.
) :ss:
Notary Public
GENERAL NARY - State of N + .r
KATHERINE D. LOUD
My Comm. 6p. June 17, 201