Legal Notices 8-21-13

MEETING NOTICE

The Cedar County Board of Commissioners will meet at 8:30 a.m., Tuesday, Aug. 27, 2013, in the Commissioners’ Room in the Cedar County Courthouse.

Agenda is available in the County Clerk’s office.

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HARTINGTON

CITY COUNCIL

Minutes

July 22, 2013

On July 22, 2013, the Hartington City Council met for their regular meeting and public hearing at the city hall beginning at 7:00 P.M. 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 Addison, Kruse, and Christensen; Legal Adviser Pier; and City Clerk ~ treasurer Lenzen. Mayor Peitz opened the public hearing at 7:00 P.M. pertaining to the redevelopment plan amendment. Brandon Baller, representing the Economic Development Corporation, explained the need for the amendment. The need for the amendment is to include three additional homes built in Westfield Acres to capture TIF (Tax Increment Financing). The public hearing was closed at 7:10 P.M.

Mayor Peitz called the regular meeting to order followed by all present reciting 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 8, 2013 meeting was made by Addison and seconded by Kruse. A roll call vote was taken. Addison – yes, Kruse – yes, and Christensen – yes. Motion carried.

The following building permits were presented and reviewed. D. Sternhagen – decks, L. Hansen – change location of storage shed, and A. Climer – garage. A motion to approve the Sterhagen permit with a variance, to approve the change of the location of the Hansen storage shed, and to table the Climer permit was made by Addison and seconded by Christensen. A roll call vote was taken. Addison – yes, Christensen – yes, and Kruse – yes. Motion carried.

Keith Eickhoff visited with the council regarding a zoning change for his approved building permit No. 1547. After research by Mr. Eickhoff, L. Hansen, zoning official, and Legal Adviser Pier,it was determined the zone should be I-2 instead of I-1. To be in compliance with I-2 Mr. Eickhoff will need a 2’ variance. He will meet with the Variance Board to request the 2’ variance.

Michael Colwell and Robert Colwell representing Boy Scout Troop 208 were present. Mayor Peitz presenting them a check in the amount of $250.00 for their distribution of the ACE gas choice door hangers. Mayor Peitz and the council thanked them for this service.

Councilman Kruse introduced change order No. 3 of the downtown revitalization project which had been prepared by JEO engineer Dale Bohac. The change order is in the amount of $10,390.00 for additional electric light poles and street lighting pullboxes. A motion to approve the change order in the amount of $10,390.00 was made by Kruse and seconded by Christensen. A roll call vote was taken. Kruse – yes, Christensen – yes, and Addison – yes. Motion carried.

A JEO bill for engineering for the downtown revitalization project was reviewed. A motion to approve the bill in the amount of $23,522.24 was made by Christensen and seconded by Addison. A roll call vote was taken. Christensen – yes, Addison – yes, and Kruse – yes. Motion carried.

Drawdown No. 15 which had been prepared by Lowell Schroeder and was introduced by Councilman Kruse and was to pay the grant portion of the JEO bill. A motion to approve drawdown No. 15 pertaining to the downtown revitalization project in the amount of $7,936.00 was made by Christensen and seconded by Kruse. A roll call vote was taken. Christensen – yes, Kruse – yes, and Addison – yes. Motion carried.

The council reviewed the cost estimates for paving projects 2013P-1, 2013P-2, 2013P-3, and 2013P-4. Some citizens were present and had questions of the time frame of the project, payment schedule, and installation of sidewalks. The estimate does include the cost of the sidewalks by the contractor. Citizens/businesses may choose to install their own sidewalk. A motion to approve the cost estimates was made by Kruse and seconded by Addison. A roll call vote was taken. Kruse –yes, Addison – yes, and Kruse – yes. Motion carried.

Resolution 20130722 – Hartington Public School homecoming parade was introduced by Councilman Kruse. A motion to adopt said resolution was made by Addison and seconded by Christensen. A roll call vote was taken. Addison – yes, Christensen – yes, and Kruse – yes. Motion carried.

Resolution 20130722-A –Cedar Catholic High School homecoming parade was introduced by Councilman Kruse. A motion to adopt said resolution was made by Addison and seconded by Christensen. A roll call vote was taken. Addison – yes, Christensen – yes, and Kruse – yes. Motion carried.

Resolution 20130722-B – an amendment to the redevelopment plan was introduced by Councilman Kruse. A motion to adopt said resolution was made by Christensen and seconded by Kruse. A roll call vote was taken. Christensen – yes, Kruse – yes, and Addison – yes. Motion carried.

An update on the Water Quality/Flood Control project was the next item on the agenda. The purchase agreement would be for 9.29 acres for a total cost of $92,900.00. Fifty percent ($46,450.00) will be due at the closing and the 50 percent balance due in January 2014.

The easement for the 3.75 acres of the flood pool acres is a separate easement with an annual payment of $668.74. There will also be a temporary construction easement and a general agreement. The general agreement entails payment for lost pasture rent; property owners will be responsible for the road that continues Dulain Avenue. The city has the right of first refusal of 8.9 acres. The council was unable to take any action of these agreements and easements until after the appraisal is complete and a public hearing is held.

The following department reports were given.

PARK/POOL – Councilperson Addison: None

COMPLEX/AUDITORIUM – Councilman Kruse: The exterior auditorium steps need to be repaired or replaced. He has contacted a contractor to look at the project.

FIRE/AMBULANCE – Councilman Christensen: None

GENERAL – Mayor Peitz: None

Clerk Lenzen reminded the council that the budget workshop has been scheduled for August 19, 2013.

The council had reviewed a letter from Hartington Public School inquiring if a turf football field had ever been considered. The council felt that the first priority would be for replacing the track.

There were no public comments.

The following bills were presented for payment.

GENERAL: Kennedy, Pier and Knoff 475.21.

STREETS: NPPD 3,678.94, Source Gas 34.10, Hartington Gravel 243.20, Fischer Feed 192.00, Cedar County Auto Parts 12.84, and Concrete Materials 488.25.

WATER: One Call 22.72, NPPD 29.18, Municipal Supply 891.69, and Wiechelman 10.00.

SEWER: Midwest Lab 301.50, One Call 22.73, NPPD 3,754.62, Source Gas 71.54 and Wiechelman 545.84.

FIRE: Fort Dearborn 10.32, Hartington Shopper 160.00, NPPD 168.39, Source Gas 55.77, and Stop and Go 105.18.

SANITATION: Pomps 168.00 and Stop N go 361.23.

RECREATION: NPPD 44.22, Stop N Go 418,83, and Etched 1,681.54.

POOL: NPPD 1,641.09, Source Gas 1,750.83, Stop N

Go 268.13, and Recreation Supply 33.90.

PARK: NPPD 1,791.47, and Econo Sign 50.56.

COMPLEX: Marsh Farms 4,189.54, NPPD 489.45, and Tri-State 68.70.

LIBRARY: NPPD 545.03, Source Gas 42.07, and R. Flaugh 140.00.

CITY: NPPD 193.12, Source Gas 32.66, Premier Lawn 222.50, Patty Guy 45.00, and Eakes 159.27.

AUDITORIUM: NPPD 55.46, Source Gas 127.24, and Opfer Construction 920.00.

ECONOMIC DEV.: Eakes 165.64, and Hartelco 39.99.

Transfer Station: NE. Dept of Agriculture – Weights and Measures 49.10.

RETIREMENT: Ohio Life 554.18.

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

A motion to adjourn was made by Kruse and seconded by Christensen. A roll call vote was taken. Kruse – yes, Christensen – yes, and Addison – yes. Motion carried.

The meeting was adjourned at 9:30 P.M. The next scheduled meeting is August 12, 2013.

Respectfully submitted,

Crystal Lenzen

City Clerk ~ Treasurer

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LEWIS & CLARK NRD

Expenses

July 2013

Auto: Pearson, $142.22; Stop N Go, $725.01; Farmers Union, $163.81.

Info & Educ: Ne Journal Leader, $26.50; Nebr Farmer, $53.95.

Bond: Secy of State, $30.00.

Employee Benefits: Nationwide, $444.24, $1,003.84 & $1,316.74; Mid Am Benefits, $477.50.

Office Supplies: Intuit, 4.36; Capital One, $3.84; Western Office, $230.94. Project Costs: Bomgaars, $114.56; Burnell’s, $1.69; Peitz GMC, $41.60; Ward Labs, $724.75; D&D Lawn Care, $250.00; Stop N Go, $33.28.

Legal Notice: Monitor, $38.17; Cedar Co News, $42.73; Journal, $4.50.

Taxes: IRS, $2,369.10, $971.84, $1,716.48 & $594.38; NDER, $460.01.

SWAP: Mary Ellen Ellyson, $2598.56.

Utilities: Hartelco, $123.53; Cedar Knox RWP, $355.50; NPPD, $155.80.

Building Main: D&D Lawn Care, $232.00; MaryLou Steffen, $73.67 & $68.76.

Salaries & Personnel: Capital One, $68.75; Tom Moser, $2,132.83 & $2,056.92; Annette Sudbeck, $1,214.97, $62.15 & $925.70; Amanda Schweers, $724.02 & $755.67; Diane Wieseler, $898.77 & $838.95; Jeanne Koenig, $846.05 & $821.62; Marilyn Schumacher,$1197.06 & $1,232.04; Michael Wieseler, $940.56 & $792.52.

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VILLAGE OF WYNOT

MINUTES

REGULAR MONTHLY MEETING

WEDNESDAY, July 10, 2013

7:00 P.M.

The regular monthly meeting of the Village Board of Wynot was called to order at the Wynot Town Hall on Wednesday, July 10, 2013, at 7:00 PM by Chairperson John Eskins Jr. Notice of the meeting was posted in three (3) public places on Monday, July 1, 2013, at 11:55 AM, namely the Wynot Town Hall, Wynot Post Office, and Cedar Security Bank. Roll call indicated members present: John Eskins, Maurice Ketter, Charles Jones, Ron Rolfes, Jim Hans, Rose Rolfes, Village Clerk/Treasurer; and Dave Koch.

Jim Hans made a motion to approve the Consent Agenda including the following: Minutes of the June 19, 2013, Regular Village Board Meeting; Village of Wynot’s Treasurer’s Report for June 2013; and the Claims attached hereto. Ron Rolfes seconded the motion. Motion Carried.

OLD BUSINESS

CITY HALL SIGN

Discussion was held on the City Hall Sign, John Eskins went to one place thought the sign would cost between $400-$500, and he will get some more bids. Board decided to put Wynot Village Office on the sign.

LOTS

Rose has needed to do some research on Lots 5-6 Blk 12. Will get back to the board as soon as she has collected the information.

NEW BUSINESS

Storm Cleanup- Board asked Rose to send thank you’s to the people who came into town and helped with the storm cleanup.

Appreciation Night- Discussion was held when to hold the Village Appreciation night. Board decided to go with Sept. 14, 2013 beginning at 5 p.m.

Village Open House- Open house will be held Sat. July 27, 2013, at the new office location. Invitations were sent along with the water bills.

Gina Driver Trees- Jim Hans reported that Dewey Becker Ok’d to take down trees at Gina Driver residence,

ADJOURN

Charles Jones made a motion to adjourn at 8:32 PM. Ron Rolfes seconded the motion; motion carried.

Next meeting will be Wednesday, Aug. 14, 2013

Respectfully Submitted By:

Rose M. Rolfes,

Village Clerk/Treasurer

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NOTICE OF SUIT

IN THE DISTRICT COURT OF CEDAR COUNTY, NEBRASKA

Case NO. #13-26

Jama Enterprises, Inc.,

Plaintiff,

vs.

JON VANDERHEIDEN, JOHN DOE, MARY DOE, and ANY AND ALL PERSONS WHO HAVE OR CLAIM SOME LIEN OR INTEREST IN THE REAL ESTATE DESCRIBED BELOW,

Defendants

TO: JON VANDERHEIDEN, JON DOE, MARY DOE and ANY AND ALL PERSONS WHO HAVE OR SOME LIEN OR INTEREST IN THE REAL ESTATE DESCRIBED BELOW.

You are hereby notified: That a Complaint has been filed by the Plaintiff in the above entitled Court in an action for foreclosure of a tax lien, Certificate #6334, and related to the following described real property:

Section Twenty-nine (29), Township

Twenty-nine (29), Range Three (3)

East NW, Cedar County, Nebraska.

You are required to accept or plead to said Complaint on or before September 1, 2013, or the allegations of said Complaint will be taken as true and judgment rendered accordingly

Dated this 23rd day of July, 2013

Harmelink, Fox &

Ravnsborg Law Office

Wanda Howe-Fox #19422

721 Douglas — Suite #101

Yankton, S.D. 57078

(605) 665-1001

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NOTICE OF TRUSTEE’S SALE

Notice is hereby given that the following described property will be sold at public auction to the highest bidder inside the front door of the Cedar County Courthouse, Hartington, Nebraska, on September 9, 2013 at 1:00 p.m.:

A tract of land located in the Northeast Quarter of the Southeast Quarter (NE ¼ SE ¼) of Section Five (5), Township Twenty-eight (28) North, Range Three (3) East of the 6th P.M., City of Laurel, Cedar County, Nebraska, more particularly described as follows: Commencing at the East ¼ corner of Section 5, Township 28 North, Range 3 East of the 6th P.M., City of laurel, Cedar County, Nebraska, thence N90º00’00″W on an assumed bearing on the North line of the Northeast ¼ of the Southeast ¼ of said Section, 38.00 feet to a point on the West R.O.W. line of U.S. Hwy. #20 and Nebraska Hwy. #15, said point being the point of beginning; thence N90º00’00″W on said North line, 145.00 feet; thence S00º29’44″E and parallel to the East line of said ¼, 338.00 feet; thence N90º00’00″E, and parallel to said North line, 145.00 feet to a point on said West R.O.W. line; thence N00º29’44″E on said West R.O.W. line, 338.00 feet to the point of beginning, containing 1.12 acres, more or less (the “Trust Property”).

The Trust Property will be sold subject to all liens and encumbrances of record having priority over that Deed of Trust dated February 21, 2008 in which Security Bank, formerly known as Security National Bank, is named Trustee and Beneficiary and filed for record on February 22, 2008 in Book 260, Page 112 in the Records of the Clerk and Register of Deeds in and for Cedar County, Nebraska.

The highest bidder at the Trustee’s Sale will deposit with the Trustee, on the day and time of the sale, the full amount of the sum bid at the Trustee’s sale, in cash, or certified funds, except when this requirement is waived by the Beneficiary. This sale is made without any warranties as to the title to or condition of the property.

Dated this 24th day of July, 2013.

RICHARD P. GARDEN, JR., Attorney for Security Bank, formerly known as Security National Bank, Trustee

By: CLINE WILLIAMS WRIGHT JOHNSON

& OLDFATHER, LLP

Attorneys at Law

233 South 13th Street

1900 U.S. Bank Building

Lincoln, NE 68508

(402) 474-6900

By: Richard P. Garden, Jr. – #17685

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NOTICE OF TRUSTEE’S SALE

Notice is hereby given that the following described property will be sold at public auction to the highest bidder inside the front door of the Cedar County Courthouse, Hartington, Nebraska, on September 9, 2013 at 1:00 p.m.:

North 62 feet 10 inches of the East 24 feet 6 inches of Lot 22, Block 5, Original Town of Laurel, Cedar County, Nebraska (the “Trust Property”).

The Trust Property will be sold subject to all liens and encumbrances of record having priority over that Deed of Trust dated February 21, 2008 in which Security Bank, formerly known as Security National Bank, is

named Trustee and Beneficiary and filed for record on February 22, 2008 in Book 260, Page 117 in the Records of the Clerk and Register of Deeds in and for Cedar County, Nebraska.

The highest bidder at the Trustee’s Sale will deposit with the Trustee, on the day and time of the sale, the full amount of the sum bid at the Trustee’s sale, in cash, or certified funds, except when this requirement is waived by the Beneficiary. This sale is made without any warranties as to the title to or condition of the property.

Dated this 24th day of July, 2013.

RICHARD P. GARDEN, JR., Attorney for Security Bank, formerly known as Security National Bank, Trustee

By: CLINE WILLIAMS WRIGHT JOHNSON

& OLDFATHER, LLP

Attorneys at Law

233 South 13th Street

1900 U.S. Bank Building

Lincoln, NE 68508

(402) 474-6900

By: Richard P. Garden, Jr. – #17685

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NOTICE TO CONTRACTORS

CALL ORDER 300

FEDERAL PROJECT NO. STP-12-6(116)

LOCATION: N-12, FORDYCE EAST & WEST

COUNTIES: CEDAR

The Nebraska Department of Roads will receive sealed bids in Room 104 of the Central Office Building at 1500 Hwy. 2 in Lincoln, until 1:30 P.M. on September 05, 2013. At that time the bids will be opened and read for

BITUMINOUS

BIDDING PROPOSAL FORMS WILL BE ISSUED AND A CONTRACT AWARDED TO A CONTRACTOR

WHO IS QUALIFIED FOR: BITUMINOUS

Length: 9.2 MILES

START DATE 09/15/2014 WORKING DAYS 25

Price Range $ 500,000 to $ 2,000,000

THIS PROJECT CONTAINS A DBE GOAL OF 2.0 %

Plans and specifications may be seen beginning August 13, 2013 at the Lincoln

Central Office and August 19, 2013 at the District Engineer’s Office at NORFOLK

Additional letting information may be found at the Nebraska Department of Roads Web Site at http://www.dor.state.ne.us/letting/.

This project is funded under the Federal-Aid Highway Act, all appropriate Federal requirements will apply.

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