Published On: Wed, Oct 5th, 2011

Legal Notices 10-5-11

NOTICE OF MEETING
The Lewis & Clark Natural Resources District will hold its regular monthly Board of Directors meeting on the 20th day of October, 2011, at 8:00 p.m. at Murdo’s Restaurant, Crofton, Nebraska. A current agenda is on file at the District Office. This meeting is open to the public.
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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 October, 2011, 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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LEGAL NOTICE
The Cedar-Knox Public Power District Board of Directors will meet Wednesday, October 12, 2011, at 10:00 AM in the boardroom of the district.
A copy of the agenda is available in the office of the district.
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LEGAL NOTICE
The Hartington Airport Authority will meet Monday, Oct. 10, 2011, at 12 noon, at the Hartington Airport Administration Building.
The agenda is available at the city of Hartington Office.
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MEETING NOTICE
The Cedar County Board of Commissioners will meet at 8:30 a.m., Tuesday, Oct. 11, 2011, in the Commissioners’ Room in the Cedar County Courthouse.
Agenda is available in the County Clerk’s office.
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BID NOTICE
Sealed bids will be received by Merit Mechanical Inc., Construction Manager, at 707 South Center Street, Tilden, and NE. 68781 for the following project at the time listed.
BID DATE AND TIME: October 17, 2011 at 2 P.M.
PROJECT: Geothermal Well Field
PROJECT LOCATION: Cedar County Courthouse, Hartington, NE.
Bids will be opened, tabulated and reviewed at the time and location specified.
Bidding documents are available from Merit Mechanical Inc., 707 South Center Street, Tilden, NE. 68781.  (402) 368-7705.
The Construction Manager, Merit Mechanical Inc. reserves the right to accept or reject any or all bids and to waive any or all informalities or irregularities.
Merit Mechanical Inc.
Tilden, NE. 68781
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HARTINGTON CITY
COUNCIL
Minutes
Sept. 12, 2011
On September 12, 2011 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, Christensen, and Burbach; Legal Adviser Pier; and City Clerk ~ Treasurer Lenzen.
Mayor Peitz opened the budget public hearing at 7:00 P.M. Mike Pommer, CPA, reviewed the 2011-2012 budget. The city experienced a decrease in valuation and population. The calculated levy including the airport authority is 0.401620. The 2011 – 2012 property tax request is set at $442,500.00. 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. He also reminded all present to turn off their cell phones.
A motion to approve the minutes of the August 22, 2011 meeting and the August 2011 treasurer report was made by Addison and seconded by Burbach. A roll call vote was taken. Addison – yes, Burbach – yes, Kruse – yes, and Christensen – yes. Motion carried.
Jim Potts, Karl Koch, Troy Fuelberth, and Gayle Becker, representing the Rural Fire Board, visited with the council regarding a new fire hall and what needs to be done to proceed with the project. There are potential locations to be considered. Councilperson Addison will assist them in determining a fair market value of the properties being considered. The rural board and the city fire department are considering a 300 X 200 lot and preferably located on the highway. Councilman Burbach suggested exploring all option and then bring a estimate price back to the city council .
Keith Dejong, Eisenbraun and Asso., presented to the council information pertaining to future street improvement projects. Estimates for construction, design fee, construction administration engineering services, testing services, bonding fee were tabulated. Streets being considered in future projects are Felber between Portland and Summit, Cedar between Felber and Goetz, Court Street between Lemon and Portland, State Street between Aberley and Portland, and alley, Center to Franklin between Summit and Broadway. No action was taken.
Resolution 20110912B – Setting the property tax request and adoption of the 2011 – 2012 budget was introduced by Councilman Burbach. A motion to adopt the resolution was made by Addison and seconded by Kruse. A roll call vote was taken. Addison – yes, Kruse – yes, Burbach – yes, and Christen – yes. Motion carried.
The following building permits were submitted and reviewed. Lance Heine – handicap ramp, Jim Specht – patio/deck, and Ryan Creamer – warehouse/storage. A motion to approve the permits 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 next item on the agenda was a sidewalk variance request from Tony Dendinger. The request is for a 4’ variance on the north side of Darlene Street and he will extend it out 8’ on his back lot so that it will align with the neighbor’s sidewalk. A motion was made by Addison and seconded by Christensen to approve the variance request. A roll call vote was taken. Addison – yes, Christensen – yes, Burbach – yes, and Kruse – yes. Motion carried.
Resolution 20110912 – Cedar Catholic High School Homecoming parade was introduced by Councilman Burbach. A motion to adopt the resolution was made by Addison and seconded by Burbach. A roll call vote was taken. Addison – yes, Burbach – yes, Kruse – yes, and Christensen – yes. Motion carried.
Resolution 20110912A – Hartington Pubic School Homecoming parade was introduced by Councilman Burbach. A motion to adopt the resolution was made by Kruse and seconded by Christensen. A roll call vote was taken. Kruse – yes, Christensen – yes, Burbach – yes, and Addison – yes. Motion carried.
The city has received complaints regarding the site were the Ferrellgas tank on the corner of South Street and Robinson Avenue. According to the state fire marshal the tank does not have to be removed but can no longer be refilled. The council may take some action so the property would not be such an eyesore.
The Big 9 Mutual Aid Agreement had been reviewed by Legal Adviser Pier. A motion to enter the agreement was made by Burbach and seconded by Addison. A roll call vote was taken. Burbach – yes, Addison – yes, Kruse – yes, and Christensen –yes. Motion carried.
Jerry Wintz, representing the Park Board, discussed with the council a Land and Water Conservation grant through the Game and Park Department. The grant is a 50% match and is due October 3, 2011. The Park Board would like to build two bathrooms. One in Felber Park by the tennis courts, and one in the East Park. $30,000.00 was allocated in next year’s budget for capital improvements . A resolution supporting the grant application will be on the agenda for the September 26, 2011 meeting.
The City of Hartington Personnel Policy was presented by Legal Adviser Pier. A motion to adopt the policy was made by Burbach and seconded by Kruse. A roll call vote was taken. Burbach – yes, Kruse – yes, Christensen – yes, and Addison – yes. Motion carried. The employees will receive a copy and will be asked to sign an acknowledgement receipt.
Tim Burbach presented information pertaining to a driveway entrance, a utility easement and a 6” water line to his property north of the shelter house. These items will be an action item on the agenda at the next meeting.
The following department reports were given.
POLICE – Councilman Burbach: Damage has been done to the radar trailer. Also the police car incurred damage while assisting the Cedar County Sheriff Department, and damage to the shop building was reported and is being investigated.
PARK/POOL – Councilperson Addison: Inquired if anyone can turn the lights on at the campus.
COMPLEX – Councilman Kruse: The scoreboard at the upper field was damaged by lighting and is being repaired.
FIRE/AMBULANCE – Councilman Christensen: Laura Addison will be joining the ambulance squad.
GENERAL – Mayor Peitz: The city was notified that the water system has a coliform issue and will be treated. Also, it was decided to offer a reward of $200.00 for information leading to the arrest and/or conviction of anyone involved in the damage to the radar trailer.
The following bills were presented for payment.
GENERAL: US Cellular 35.05, NENEDD – adm. 396.50, Specsoft 726.00, League of Municipalities 2,387.00, Cedar County News 303.42, Hartelco 314.83, Foodtown 31.76, and Kruse 8.26.
STREETS: Northeast Equipment 843.56, Wiechelman 380.44, NPPD 226.14, Co-Op 334.73, Cedar County Auto Parts 47.38, Jerrys 172.93, Hartington Gravel 85.81, US Cellular 41.59, Appeara 43.36, Carhart 22.27, Fischer Feed 89.00, Kruse 101.96, Gerhold Concrete 296.75, and Freemont Trust 25,593.75.
WATER: HHS Lab 227.00, League of Municipalities 500.00, NPPD 19.00, REA 1,425.93, Mike’s Electric 416.72, Wiechelman 20.45, Carhart 2.49, Hartington Shopper 348.80, and Hawkins 670.00.
SEWER: Midwest Lab 299.50, NPPD 3,361.54, Hartelco 41.99, Airpower 3,361.95, Fischer Feed 218.93, P & E 43.66, Wiechelman 2.13, Co-Op 66.25, and US Cellular 35.05.
FIRE: Ron’s Radio 881.75, Fort Dearborn 96.32, Volunteer Fire 902.14, US Cellular 36.88, NPPD 106.90, Hartelco 70.68, Co-Op 70.28, and Cedar County Auto Parts 27.89.
POLICE: US Cellular 76.76, Hartelco 76.97, Galls 42.34, Jacks 587.73, Kruse 9.99, and Konken 290.00.
CEMETERY: Cedar-Knox Rural Water 31.00, Carhart 8.62, and Co-Op 123.72.
SANITATION: Carhart 25.28, Peitz 25.39, Wiechelman 8,650.00, Fischer Feed 320.00, and L.P. Gill 4,259.58.
AMBULANCE: US Cellular 36.88, Co-Op 96.79, Avera 210.25, Kruse 9.98, and Wiechelman 12.00.
RECREATION: Cedar County News 439.02, Hartington Shopper 325.00, NPPD 40.00, C. Cattau 45.00, T. Wiebelhaus 45.00, Kruse 217.89, and J. Sudbeck 20.00.
Pool:NPPD 1,555.16, Source Gas 166.17, Hartelco 38.65, Art Kathol Appliance 65.00, and R. Becker 33.91.
PARK: NPPD 1,723.30, Hartington Tree 100.00, R. Hamilton 48.00, Northeast Equipment 702.21, Cedar County Auto Parts 39.98, Kruse 38.99, Co-Op 356.59, and T. & T Power Wash 175.00.
COMPLEX: NPPD 284.03, Hartelco 38.65, X-Pert Lawn 1,250.00, Tri-State 131.70, and Martin Flag 208.12.
LIBRARY:NPPD 595.94, Hartelco 125.66, R. Flaugh 162.50, D & J 8.58, Foodtown 25.30, And Kruse 17.99.
CITY: Art Kathol Appliance 90.90, Premier Lawn 182.50, Patty Guy 35.00, D & J 85.60, Eakes 497.26, and Feilmeier Electric 8,949.50.
AUDITORIUM: NPPD 223.66, Carhart 89.43, and Kruse 27.54.
ECONOMIC DEV.: C. Becker 301.55, NEDA 140.00, US Cellular 70.77, Hartelco 52.25, NE Dept. of Roads 15.00, and NBDC 150.00.
TRANSFER STATION: DEQ 500.00, NE Dept. of Revenue 25.00, REA 118.47, Hartelco 54.55, Folkers Bros. Garage 633.95, Peitz 3,939.60, Co-Op 281.45, and Kruse 71.92.
TAXES: NE Dept. of Revenue 962.00.
INSURANCE: Conseco 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 Addison and seconded by Chri8stensen. A roll call vote was taken. Addison – yes, Christensen – yes, and Burbach –yes. Motion carried. Kruse abstained.
A motion to adjourn was made by Kruse and seconded by Christensen. A roll call vote was taken. Kruse – y es, Christensen –yes, Burbach – yes, and Addison – yes. Motion carried. The next meeting is scheduled for September 26, 2011.
Respectfully submitted,
Crystal Lenzen
City Clerk ~ Treasurer
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HARTINGTON PUBLIC SCHOOL
SPECIAL BOARD MEETING
MINUTES
September 26, 2011
Call to order Special September 26, 2011, Board Meeting at 5:00 p.m. Members present: Jason Dendinger, Colin Kathol, Brenda Steiner, Gerri Jueden, Doug Miller, Ron Pearson. Others present: Supt. Anderson.
Notice of meeting was posted and Board of Education acknowledged by receipt and agenda. Notice indicated the meeting place, date and time.
President Dendinger called the Special September 26, 2011, Meeting to order at 5:00 p.m.
President Dendinger informed all present of the Open Meetings Law and pointed out the copy of the Open Meetings Law Chapter 84 Article 14 poster on the Board Room wall.
Motion by Jueden, seconded by Steiner, for the Board of Education to legally convene for the Special September 26, 2011, Board Meeting. Members voting aye: Jueden, Kathol, Miller, Steiner, Pearson, Dendinger. Members voting nay: none. Carried: 6-0.
Motion by Miller, seconded by Jueden, to move to close session to discuss non-certified personnel contracts for 2011-2012 school year at 5:02 p.m. Members voting aye: Kathol, Pearson, Jueden, Miller, Steiner, Dendinger. Members voting nay: none. Carried: 6-0.
Motion by Pearson, seconded by Kathol, to move to open session where 2011-2012 non-certified personnel contracts were discussed at 5:07 p.m. Members voting aye: Kathol, Pearson, Jueden, Miller, Steiner, and Dendinger. Members voting nay: none. Carried: 6-0.
Motion by Pearson, seconded by Jueden, to issue the 2011-2012 non-certified personnel contracts at agreed upon level. Members voting aye: Miller, Jueden, Kathol, Pearson, Steiner, Dendinger. Members voting nay: none. Carried: 6-0.
Motion by Jueden, seconded by Kathol, to adjourn at 5:10 p.m. Members voting aye: Steiner, Miller, Kathol, Jueden, Pearson, Dendinger. Members voting nay: none. Carried: 6-0.
Brenda Steiner,
Secretary
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NOTICE
A total of 150 cases will be heard by the Board in October, 2011. The following cases sentenced in Cedar County will be seen by the Board of Parole.
8:30 a.m. October 26, 2010, Community Corrections Center, Lincoln, Nebraska
Thomas L. Thames, #66140 (Burglary)
ESTHER L. CASMER, CHAIR
NEBRASKA BOARD
OF PAROLE
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NOTICE TO CONTRACTORS
CALL ORDER 310
FEDERAL PROJECT NO. BRO-7014(31)
LOCATION: ON A COUNTY ROAD, SOUTHEAST OF HARTINGTON
COUNTIES: CEDAR
The Nebraska Department of Roads will receive sealed bids for the
COUNTY OF CEDAR in Room 104 of the Central Office Building at
1500 Hwy 2 at Lincoln, until 1:30 P.M. on November 03, 2011 .
At that time the bids will be opened and read for
GRAD CULV SEED BR GDRL
BIDDING PROPOSAL FORMS WILL BE ISSUED AND A CONTRACT AWARDED TO A CONTRACTOR
WHO IS QUALIFIED FOR: BRIDGES
START DATE 07/23/2012 WORKING DAYS 70
Price Range $0 to $500,000
THIS PROJECT CONTAINS A DBE GOAL OF 5.0 %
Plans and specifications may be seen beginning October 11, 2011 at the Lincoln Central Office and October 17, 2011 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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NOTICE OF TRUSTEE’S SALE
For default in the payment of debt secured by a deed of trust executed by Richard D. Ebmeier and Cheryl L. Smyth, dated June 12, 2003, and recorded on June 19, 2003, in Book No. 229, at Page 463 in the Office of the Recorder of Deeds, Cedar County, Nebraska, the undersigned Successor Trustee will on November 15, 2011, 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:
The North 85 feet of Lots One (1), Two (2), Three (3), and Four (4), Block Eight (8), GOLTZ’S ADDITION to Laurel, Cedar County, Nebraska, commonly known as 201 West 2nd Street, Laurel, NE, 68745
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:
October 5, 2011
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. 130158). For more information, visit www.Southlaw.com
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NOTICE OF MASTER
COMMISSIONER’S SALE
By virtue of an order of sale issued by the District Court of Cedar County, Nebraska, and pursuant to a degree of said Court in an action therein indexed at Case No. CI 11-1, wherein Flagstar Bank, FSB, is the plaintiff, and Dean A. Pick and Angela L. Pick, are the defendants, I will sell at public auction to the highest bidder, for cash, the following property at 2:00 p.m., on the 15th day of November, 2011, inside the front door of the Cedar County Courthouse, in the City of Hartington, Cedar County, Nebraska, to-wit:
A tract of land located in the NE1/4 of Section 1, Township 30 North, Range 2 East of the 6th P.M., Cedar County, Nebraska, more particularly described as follows:
Commencing at the Northeast corner in the NE ¼ of Section 1, Township 30 North, Range 2 East of the 6th P.M., Cedar County, Nebraska, and assuming the East line of said NE ¼ to have a bearing of South 00 degrees 06 minute 39 seconds East; thence South 00 degrees 06 minutes 39 seconds East and on Said East line 377.80 feet, to the point of beginning; thence South 00 degrees 06 minutes 39 seconds East and on said East line 2,256.92 feet to the Southeast corner of the NE ¼ of said Section 1; thence Norht 88 degrees 45 minutes 44 seconds West, and on the South line of said NE ¼, 269.13 feet; thence North 00 degrees 06 minutes 51 seconds West, 236.13 feet; thence South 88 degrees 45 minutes 44 seconds East, 263.13 feet; thence North 00 degrees 06 minutes 49 seconds West, 1.715.03 feet; thence North 72 degrees 40 minutes 41 seconds West, 182.71 feet; thence North 42 degrees 38 minutes 00 seconds West, 353.10 feet; thence North 83 degrees 05 minutes 14 seconds East 262.06 feet; thence South 77 degrees 39 minutes 35 seconds East, 190.32 feet, to the point of beginning,
to satisfy the liens and encumbrances therein set forth; and to satisfy the accruing court costs, all as provided by said order and decree. The purchaser is responsible for all fees or taxes, including the documentary stamp tax. This sale is made without any warranties as to title or condition of the property.
Dated this 26th day of September, 2011.
Wanda L. Howey-Fox
Master Commissioner
ERIC H. LINDQUIST,
P.C., L.L.O
Attorneys at Law
8712 West Dodge Road, Suite 260
Omaha, Nebraska 68114
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NOTICE OF TRUSTEE’S SALE
The following described property will be sold at public auction to the highest bidder at the door of the Cedar County Courthouse, Hartington, Nebraska, on November 3, 2011 at 10:00 a.m.
Lots 5 & 6, Block 4, Original Town of Wynot, Cedar County, Nebraska, more commonly known as 601 Jones Ave, Wynot, Nebraska.
David D. Knoff #21392
Kennedy Pier & Knoff LLP
410 N Broadway – PO Box 867
Hartington, NE 68739
(402) 254-6600
Attorneys for Trustee,
Cedar Security Bank
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STATE OF NEBRASKA
DEPARTMENT OF NATURAL RESOURCES
NOTICE OF APPLICATION A-18810
Cedar County
Water Division 2-F
On September 12, 2011, Jim Hans filed in the Department of Natural Resources (Department) application A-18810 for a permit to appropriate water.
Summary of Application:
Type: Natural flow out-of-stream use
Purpose: Irrigation
Source: Bow Creek
Point of Diversion: NE¼NW¼ S1 T31N R2E
Location of Use: NW¼ S1 T31N R2E
Amount: 1 cubic foot per second (449 gallons per minute)
Additional project information and procedures for objection 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 by 5:00 P.M. on October 19, 2011.
Date of Notice September 21, 2011.
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NOTICE
In the County Court of Cedar County, Nebraska
Estate of WILMA D.
BRODERSEN, Deceased
Estate No. PR11-35
Notice is hereby given that on Sept. 15, 2011, in the County Court of Cedar County, Nebraska, the Registrar issued a written statement of Informal Probate of Will of said Decedent and that Allen D. Brodersen at P.O. Box 293, Laurel, NE 68745 was informally appointed by the Registrar as Personal Representative of the Estate.
Creditors of this Estate must file their claims with this Court on or before Nov. 21, 2011, or be forever barred.
Diane L. Sudbeck
Clerk of the County Court
P.O. Box 695
Hartington, NE 68739
Steven L. Archbold (Bar I.D.) #15007)
Steven L. Archbold Law Firm
201 N. Broadway
P.O. Box 707
Bloomfield, NE 68718
Phone: (402) 373-4240
Fax: (402) 373-2890
E-mail: archboldlaw@gpcom.net
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