Legal Notices 9-5-12

MEETING NOTICE

The Cedar County Board of Commissioners will meet at 8:30 a.m., Tuesday, Sept. 11, 2012, in the Commissioners’ Room in the Cedar County Courthouse.

Agenda is available in the County Clerk’s office.

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LEGAL NOTICE

The Cedar-Knox Public Power District Board of Directors will meet Wednesday, September 12, 2012 at 10:00 A.M. in the boardroom of the district.

A copy of the agenda is available in the office of the district.

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NOTICE OF MEETING

The Cedar-Knox Rural Water Project will hold its regular monthly Board of Directors meeting on Thursday, the 13th day of September, 2012, at 10:30 a.m. at the Lewis & Clark Natural Resources District office located at 608 N. Robinson Ave., Hartington, NE. A current agenda is on file at the District office. This meeting is open to the public.

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NOTICE

The regular monthly meeting of Cedar County Ag Society will be held Wednesday, Sept. 12, 2012, at 8:20 p.m., at the Fairgrounds Office, Cedar County Fairgrounds in Hartington, Neb. Agenda for meeting will be at the president’s office.

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LEGAL NOTICE

The Hartington Airport Authority will meet Monday, Sept.10, 2012, at 12 noon, at the Hartington Airport Administration Building.

The agenda is available at the city of Hartington Office.

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PUBLIC NOTICE

CITY OF HARTINGTON

Public Notice is hereby given that the City of Hartington Planning Commission will meet September 19, 2012, at the City Hall at 5:00 p.m., for a meeting to pass a resolution approving the Community Redevelopment Plan for the hotel to be constructed by Hartington Hotel, LLC.

Crystal Lenzen

City Clerk

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HARTINGTON CITY

COUNCIL

Minutes

August 13, 2012

The Hartington City Council met for their regular meeting and public hearing on August 13, 2012 at 7:00 P.M. at the city hall. Notice of time and place of the meeting and public hearing were given in the advance notice by posting. Notice of time and place of the meeting and public hearing were communicated in the advance notice to the mayor and council.

Present were Mayor Peitz; Councilpersons Burbach, Christensen, Kruse, and Addison; Legal Adviser Pier; and City Clerk ~ Treasurer Lenzen.

Mayor Peitz opened the public hearing at 7:00 P.M. The purpose of the public hearing was to meet the requirements of the grant for a public hearing to review the activities of the CDBG grant for the Downtown Revitalization Phase I project. This was also an opportunity for any public participation. The public hearing was closed at 7:10 P.M.

Mayor Peitz called the regular meeting to order and all present recited the Pledge of Allegiance. Mayor Peitz announced that the open meeting law poster was on the back wall of the council room and reminded everyone to silence their cell phones.

A motion to approve the minutes of the July 23, 2012 meeting and the July 2012 treasurers report was made by Addison and seconded by Christensen. A roll call vote was taken. Addison – yes, Christensen – yes, Burbach – yes, and Kruse – yes. Motion carried.

The following building permits were submitted and reviewed. Hartington Public Library – gazebo, and Colin and Monica Kathol – house. A motion was made by Christensen and seconded by Kruse to approve the building permits. A roll call vote was taken. Christensen – yes, Kruse – yes, Burbach – yes, and Addison – yes. Motion carried.

Michael Colwell and Robert Colwell (Boy Scout Leader) of Boy Scout Troop 208 accepted a check from ACE in the amount of $250.00 for completing the choice gas door hanging campaign. Mayor Peitz and the city council thanked them for the service to the community.

Dan Kathol and Carter Hubbard, Olsson & Asso., presented information for a loan/grant application for a water quality project. The project includes a water quarter reservoir (high hazard dam), expansion of detention pond, upstream bioretention/wetland channel, downstream bioretention/wetland channel, vegetated bioswale/bioretention and residential/business water improvements. The loan would be from DEQ – NE Water Quality Revolving Loan fund for a 20-year loan at 3%interest with $100,000.00 loan forgiveness. The loan would be for the water quality reservoir. The other projects would be covered by the 319 grant.

A motion to approve submitting the application was made by Burbach and seconded by Christensen. A roll call vote was taken. Burbach – yes, Christensen – yes, Kruse – yes, and Addison – yes. Motion carried. The council will discuss the land purchase of the water detention pond at the next meeting.

Karen Bonneau and Carol Nordby, representing the Cedar County Historical Museum, visited with the council regarding city utilities. They requested that the council consider forgiveness of paying city utilities as was done in the past year. This agenda item was only for information and action will be taken at the next meeting.

Ordinance No. 821 – Operation of a Golf Car Vehicle was the next item on the agenda. The ordinance was a draft and Legal Adviser Pier requested the council’s input to name designated streets where golf car vehicles could be used in the city limits.

Resolution 20120813 – Sale of Real Estate was introduced by Councilman Burbach. A motion to pass the resolution was made by Christensen and seconded by Kruse. A roll call vote was taken. Christensen – yes, Kruse – yes, Burbach – yes, and Addison – yes. Motion carried.

Brandon Baller, Chris Miller, and Rob Miller, Hartington Economic Development Corporation and Jeremy Griesbach representing Cobblestone Hotels, presented a project for a hotel to be built in Hartington. The hotel would be a 29 unit facility at an estimated $2 million dollar project. The Development Corporation is asking the city council to approve $50,000.00 grant from LB 840 funds and the support of allowing the project to receive tax increment financing. The council requested that the funds come from the land acquisition percentage of the LB840 funds. A motion to approve $50,000.00 as a grant from LB840 land acquisition funds payable to Cobblestone Inn & Suites and be delivered at

the time of ground breaking was made by Burbach and seconded by Christensen. A roll call vote was taken. Burbach – yes, Christensen – yes, Kruse – yes, and Addison – yes. Motion carried.

A resolution to change from two precincts (wards) to one voting precinct was discussed. If the council passes this resolution the change will appear on the November 2012 general election ballot to be voted on by the public.

Resolution 20120813-A – Hartington Public School Homecoming parade was introduced by Councilman Burbach. A motion to pass the resolution was made by Christensen and seconded by Addison. A roll call vote was taken. Christensen – yes, Addison – yes, Burbach – yes, and Kruse – yes. Motion carried.

Resolution 20120812-B Cedar Catholic High School Homecoming parade was introduced by Councilman Burbach. A motion to pass the resolution was made by Christensen and seconded by Kruse. A roll call vote was taken. Christensen – yes, Kruse – yes, Addison –yes, and Burbach – yes. Motion carried.

The following department reports were given.

POLICE – Councilman Burbach: He and Councilman Christensen met with the Cedar County Sheriff Department to work out contract details.

PARK/POOL – Council

stead of them being charged off to the library account? Councilman Burbach suggested to wait until after the budget workshop and see how the library funds were standing. Chris Miller brought to the council’s attention that the fence had been removed for county road work on the East side of the transfer station property. New fencing materials are needed to replace the fence.

The following bills were presented for payment.

GENERAL: US Cellular 35.43, Dept. of Ag. – dog pound permit 150.00, Don Miller Land Co. 13.20, League 2,452.00, Kennedy, Pier & Knoff 873.01, Specsoft 386.25, Cedar County News 230.82, EMC Insurance 6,285.72, Hartelco 318.15, Bomgaars 8.37, Kruse 42.00, Foodtown 36.34, Hartington Shopper 108.80, and Post Office 45.00.

STREETS: Grossenburg 650.00, NPPD 271.93, Cedar County Auto Parts 154.80, Co-Op 303.41, Jerry’s 106.10, Wiechelman 184.51, Kruse 1,305.30, P & E 400.00, US Cellular 42.82, Appeara 44.48, Bomgaars 184.71, Carhart 33.54, D & J 4.47, Foodtown 29.30, and Ezlien 435.67.

WATER: Diggers 12.79, HHSlab 45.00, NPPD 20.50, REA 2,003.90, P & E 142.68, Co-Op 41.70, Deposit refunds 104.68, Carhart 2.49, Foodtown 14.36, Hawkins 880.50, and Post Office 173.00.

SEWER: Diggers 12.79, P. Guy 5.61, JEO 39.25, Midwest Lab 299.50, NPPD 3,563.91, Kruse 38.16, Mike’s Electric 1,072.12, P & E 137.40, Co-Op 106.99, Bomgaars 10.48, Post Office 45.00, Hartelco 43.00, and US Cellular 35.42.

FIRE: Fort Dearborn 106.64, Johnson Company 132.50, Volunteer Fire Dept. 759.79, US Cellular 37.51, NPPD 102.32, Hartelco 71.95, Co-Op 71.04, and Kruse 5.49.

POLICE: US Cellular 70.84, and Hartelco 51.34.

Cemetery: Cedar Knox Rural Water 35.50, and Co-Op 36.01

SANITATION: Peitz 505.50, Co-Op 126.14, Bomgaars 44.21, Post Office 45.00, and L.P. Gill  3,492.06.

AMBULANCE: Northeast Tech 221.60, US Cellular 37.51, Bauer Built 26.50, Co-Op 190.50, Kruse 1.49, Post Office 45.00, Scotts 24.70, and Wiechelamn 5.00.

RECREATION: Ralph Bishop League 45.00, NPPD 43.16, P & E 62.87, Wiechelman 33.13, Carhart 27.88, and Zimco 363.98.

POOL: NPPD 1,303.54, Hartelco 39.30, Kruse 56.38, Co-Op 110.00, Carhart 2.29, EPCO 527.00, Recreation Supply 54.20, Share 205.41, and United 23.21.

PARK: NPPD 1,711.19, Bomgaars 572.72, Grossenburg 15.45, Kruse 61.62, Mike’s Electric 267.09, and Co-Op 131.72.

COMPLEX: NPPD 608.96, Hartelco 39.30, Tri State 62.50, X-Pert Lawn 1,375.00, Co-Op 84.33, Yankton Janitorial 175.74.

LIBRARY: NPPD 572.26, Hartelco 124.75, and Kruse 18.96.

CITY: NPPD 207.46, Premier Lawn 71.00, Patty Guy 45.00, D & J 52.96, Foodtown 2.89, and Kruse 30.48.

AUDITORIUM: NPPD 188.72, Carhart 540.25, Kruse 17.77, Opfer Construction 389.00, and Yankton Janitorial 109.70.

ECONOMIC DEV.: US Cellular 71.18, Hartelco 52.74, and Hartelco – supplies 348.93.

TRANSFER STATION: REA 126.87, Hartelco 55.91, Grossenburg 1,482.20, Co-Op 304.07, Jerrys 253.79, Bomgaars 27.97, Carhart 1.49, Post Office 45.00, and Gill Hauling 671.55.

INSURANCE: Washington National 30.00.

A motion to pay the bills except the Kruse bill was made by Addison and seconded by Christensen. A roll call vote was taken. Addison – yes, Christensen – yes, Burbach – yes, and Kruse – yes. Motion carried.

A motion to pay the Kruse bill was made by Burbach and seconded by Christensen. A roll call vote was taken. Burbach – yes, Chrsitensen – yes, and Addison – yes. Motion carried. Kruse abstained.

A motion to adjourn was made by Burbach and seconded by Christensen. A roll call vote was taken. Burbach – yes, Christensen –yes, Kruse – yes, and Addison – yes. Motion carried. The meeting was adjourned at 9:45 P.M.

The next special meeting is scheduled for August 20, 2012.

Respectfully submitted,

Crystal Lenzen

City Clerk ~ Treasurer

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HARTINGTON CITY

COUNCIL

Minutes

Special Meeting

August 20, 2012

The Hartington City Council met for a special meeting on August 20, 2012 at 6:00 P.M. at the city hall. Notice of time and place of the special meeting was given in the advance notice by posting. Notice of time and place of the meeting was communicated in the advance notice to the mayor and council.

The purpose of the special meeting was for holding a budget workshop and a closed session. Present were Mayor Peitz; Councilpersons Burbach, Christensen, Kruse, and Addison; Legal Adviser Pier; and City Clerk ~ Treasurer Lenzen.

Mayor Peitz called the meeting to order and all present recited the Pledge of Allegiance. He also announced that the open meeting law poster was on the back wall of the council room and requested everyone present to silence their cell phones.

A motion was made by Addison and seconded by Christensen to go into a closed session at 6:05 P.M. for the protection of public interest, a strategy session associated with pending or threatened litigation. Mayor Peitz stated again the purpose of the closed session. A roll call vote was taken. Addison – yes, Christensen – yes, Burbach – yes, and Kruse – yes. Motion carried.

A motion to come out of the closed session at 7:17 P.M. was made by Burbach and seconded by Christensen. A roll call vote was taken. Burbach – yes, Christensen – yes, Kruse – yes, and Addison – yes. Motion carried.

The council began to compile figures for the fiscal year 2012 – 2013 budget. Mike Pommer was present at the workshop and assisted the council with the budget.

The special meeting and workshop was concluded at 10:15 P.M.

Respectfully submitted,

Crystal Lenzen

City Clerk ~ Treasurer

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NOTICE OF ORGANIZATION OF

SUDBECK SERVICE, LLC

NOTICE IS HEREBY GIVEN that Sudbeck Service, LLC, a Nebraska limited liability company (the “Company”), has been organized under the laws of the State of Nebraska, with its designated office at 101 E. 889 Rd, Bow Valley, Nebraska, 68739, and its initial agent for service of process is Lisa Sudbeck. The Company was organized for the purpose of retail sales of goods and services and to do all other acts necessary or convenient to carry out said purposes and to conduct all lawful business that a limited liability company may engage in under the laws of the State of Nebraska, with the retail sales of goods and services as its primary business. The Company was organized and commenced on August 14, 2012, and it shall have perpetual existence unless dissolved in accordance with its Certificate of Organization, its Operating Agreement or the Nebraska Uniform Limited Liability Act. The affairs of the Company are to be managed by its member Lisa Sudbeck.

Steven L. Pier

Attorney for SUDBECK SERVICE, LLC

P.O. Box 867

Hartington, NE 68739

(402) 254-6600

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NOTICE OF SHERIFF’S SALE

By virtue of an Order of Sale issued by the Clerk of District Court of Cedar County, Nebraska, in Case No. CI11063, wherein Wells Fargo Bank, National Association, is Plaintiff, and Shirley Arens, Estate of Ralph R. Arens; Unknown Heirs, Devisees and Legatees of Ralph R. Arens; and United States of America, Acting through the Secretary of Housing and Urban Development, are Defendants, I will offer a public auction, to the highest bidder for cash, at the front entrance of the Cedar County Courthouse in Hartington, Nebraska, on the 27th day of September, 2012, at 9:00 a.m. to satisfy the Order for Sale, Case No. CI11-63 from the Cedar County District Court, the real estate hereinafter described as follows:

North Half of Lot Four (4) and the East Thirty (30) Feet of the North Half of Lot Five (5), in Block Nineteen (19), of Felber Place Addition to the City of Hartington, Cedar County, Nebrsaka. Commonly known as 401 West Centre Street, Hartington, Nebraska 68739.

Dated this 21st day of August, 2012.

Larry D. Koranda

Cedar County Sheriff

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NOTICE OF ORGANIZATION

OF

CUSTOM MANURE

HAULING, LLC

Notice is hereby given that the undersigned has formed a Limited Liability Company under the laws of the State of Nebraska.

1. Name. The name of the Limited Liability Company shall be Custom Manure Hauling, LLC.

2. Duration. The duration of the company shall be perpetual from the date that these Articles of Organization are filed with the Secretary of State of the State of Nebraska.

3. Purpose. The purpose for which the Company is organized is to engage in any and all lawful businesses for which a limited liability company may be organized under the laws of the State of Nebraska, and to provide counseling services.

4. Principal Place of Business. The initial principal place of business of the company is:

56210 894th Rd.

St. Helena, Nebraska 68774

5. Registered Agent. The name and address of the company’s registered agent in Nebraska is:

Angela Havermann

56210 894th Rd.

St. Helena, Nebraska 68774

6. Management. Management of the company shall be vested in its members in proportion to their contribution of the capital in the Company, as adjusted from time to time to properly reflect any annual contributions or withdrawals by its members.

Dated this 15th day of August, 2012.

Angela Havermann

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STATE OF NEBRASKA

DEPARTMENT OF NATURAL RESOURCES

NOTICE OF APPLICATION A-18941

Cedar County

Water Division 2-F

Sylvan Thoene filed in the Department of Natural Resources (Department) application A-18941 for a permit to appropriate water.

Summary of Application:

Type: Natural flow out-of-stream use

Purpose: Irrigation

Source: Second Bow Creek

Point of Diversion: SE¼NW¼ of S-8 T-32N R-2E

Location of Use: SE¼NW¼, E½SW¼, SW¼SW¼ of S-8 T-32N R-2E

Amount: 2.21 cubic feet per second (992 gallons per minute)

Additional project information and procedures to respond to this notice may be obtained by contacting the Surface Water Permits section of the Department at (402) 471-2363 or through the Department’s website at www.dnr.ne.gov/legal/SW_NoticeofAppsfiled.html.

Objections must be received by the Department at 301 Centennial Mall South, P.O. Box 94676, Lincoln, NE 68509 by 5:00 P.M. on September 20, 2012.

Date of Notice August 22, 2012.

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NOTICE OF TRUSTEE’S SALE

For default in the payment of debt secured by a deed of trust executed by Tami M. Conner, dated September 13, 2002, and recorded on October 9, 2002, in Book No. 223, at Page 279 and re-recorded on December 9, 2002, in Book No. 224, at Page 525 in the Office of the Recorder of Deeds, Cedar County, Nebraska, the undersigned Successor Trustee will on October 16, 2012, at 10:00 AM, at the front door of the Cedar County, Courthouse, Hartington, Nebraska, sell at public vendue to the highest bidder for cash:

East Half (E ½) of Lot Ten (10) and the West 45 feet of Lot Eleven (11), Block One (1), LUCE’S ADDITION to the City of Randolph, Cedar County, Nebraska, commonly known as 210 East Jackson Street, Randolph, NE, 68771

subject to all prior easements, restrictions, reservations, covenants and encumbrances now of record, if any, to satisfy the debt and costs.

Edward Brink, Successor Trustee

First Publication: September 5, 2012

NOTICE

Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. §1692c(b), no information concerning the collection of this debt may be given without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction. The debt collector is attempting to collect a debt and any information obtained will be used for that purpose (No. 145339). For more information, visit www.Southlaw.com

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