Published On: Wed, Aug 10th, 2016

Randolph Times Public Notices 8.10.16

VILLAGE OF BELDEN
MEETING MINUTES
August 2nd, 2016
The Board of Trustees of the Village of Belden met in regular session on August 2nd , 2016, at the library. Meeting called to order at 7:00 p.m. by Chairman Wobbenhorst.
MEMBERS PRESENT: Wobbenhorst, Stapelman, Huetig, Patefield, and J. Campbell
MEMBERS ABSENT: None
VISITORS PRESENT: Jerry Gross
Board reviewed the minutes of the last meeting. Motion to approve minutes by J. Campbell, seconded by Patefield. Ayes: All. Nayes: None.
On motion the following bills were allowed:
ELECTRIC FUND:
33647 Cedar Knox Public Power, $ 65.38
GENERAL FUND:
33648 NE Nebraska News, $ 52.08; 33649 Melissa Campbell, $ 277.05; 33650 Cedar-Knox Public Power, $ 24.76; 33646 Dept. Of Treasury-IRS, $ 1,120.65; 33667 Jerry Gross, $ 33.25; 33669 League of Nebraska Municipalities, $ 210.00
STREET FUND:
33666 Duane Krueger, $ 240.00; 33651 Citizens State Bank, $ 300.00; 33652 Cedar-Knox Public Power, $ 404.77; 33653 Chris Shultheis, $ 570.00; 33654 The Road Guy Cons. Co., $ 5,618.72; 33655 NDOR-Sign Permit, $ 15.00; 33667 Jerry Gross, $ 33.25; 33668 Brad Stapelman, $ 55.00
WATER FUND:
33657 Patti Surber (Salary), $ 161.67; 33658 Wau-Col Water System, $ 4,027.15; 33659 DHHS-Coliform Sample, $ 15.00; 33660 Cedar-Knox Public Power, $ 54.22; 33671 Northwest Electric, $ 1,593.11
SEWER FUND:
No Bills reported.
SANITATION FUND:
33661 Key Sanitation LLC, $ 754.93
POOL& PARK FUND:
33662 In the Swim, $ 139.19; 33663 Cedar Knox PPD, $ 249.36; 33664 True Value, $ 31.54; 33665 Source Gas, $ 5.82; 33639 Patricia Schulte, $ 720.33; 33640 Katelyn Cook, $ 313.99; 33641 Cade Linville, $ 157.00; 33642 Lydia Haselhorst, $ 85.42; 33643 Patricia Schulte, $ 581.80; 33644 Katelyn Cook, $ 265.50; 33645 Megan Fink, $ 83.11; 33667 Jerry Gross, $ 33.25
Balance on Hand was reported.
Motion was moved by Stapelman and seconded by Huetig to pay the bills. Ayes: All Nayes: None
Water bills and usage was discussed this month.
Huetig reported about the pool season. It will be closing on August 13th. The Yankton football team will be here August 11th and 12th to swim. The board thanked Huetig for her dedication on overseeing the pool. Huetig reported that Patti Schulte has done a wonderful job at keeping the pool looking really nice. Gross asked to use the water in the pool to do a pump test on the trucks before draining it.
Stapelman reported that he followed up with the Road Guy Construction company about the streets that received armor coat. He also discussed the weed control in the basketball court.
Gross reported that Patefield ordered the AED battery. Gross and Patefield took out the old chimney in the fire hall and patched it. They will keep an eye on the roof. The branches and trees have not been taken down yet by the pool.
Patefield reported that Ken Hintz has done a great job at taking care of the new trees and watering them. A discussion was held with ISO rating.
J. Campbell reported on the new motor for the well house. Discussion was held to get a bid on pulling the well. Contact will be made in September.
M. Campbell and Wobbenhorst reported about the meeting held with Elkhorn Valley Insurance and updating the policy. Motion was made by Patefield and Seconded by Campbell to raise the insurance for the contents in the fire hall. Ayes-All Nayes-None
Wobbenhorst reported that Terry Mead inspected the bridges in town and reported they were all good.
The Resolution that was adopted at the July meeting supports the Cedar County Emergency Operation Plan. It reads as follows:
Resolution 2016-01
Board Member Brad Stapelman offers the following resolution and moves its adoption, seconded by Board Member Cathy Huetig. Ayes: All Nayes: None ;
Resolve: That in order to provide for a coordinated response to a disaster or emergency in Cedar County, the Village of Belden and other cities and villages in Cedar County, the Belden Village Board deems it advisable and in the best interests of the community and the County to approve the attached Cedar County Local Emergency Operations Plan. Acceptance of this 2016 Local Emergency Operations Plan supersedes all previous approved Cedar County Local Emergency Operations Plans.
Passed and Approved this 7th Day of July, 2016.
Metal Detecting was tabled till September.
Wobbenhorst reported that there is a water leak by her house.
Motion was made by J. Campbell and Seconded by Huetig for Any group that is interested in putting on the Fall Festival in September, the board approves for the benefit of village items. Ayes: All Nayes: None
The board reviewed and adopted the plans from the Nebraska Department of Roads to work on Hwy 20. Motion was made by Patefield and seconded by Stapelman. Ayes: All Nayes: None It reads as follows:
Resolution 2016-02
Whereas, the State of Nebraska desires to make improvements on a portion of Highway 20 within the Corporate Limits of Belden under a highway improvement projected denoted as Project No. NH-20-6 (105), and
Whereas, this highway improvement project will also improve Municipal infrastructure at various locations with the project limits as shown in the agreement, and
Whereas the improvements to be completed within the municipal boundaries are adequately described in the agreement, and
Whereas the Village of Belden’s responsibilities under this agreement are adequately described in the agreement and are understood by the municipality, and
Whereas, the Village of Belden concurs to enter this agreement with the State of Nebraska, Department of Roads, for said improvement,
Now, therefore, be it resolved, by the Village Board of Belden, that the Chairman is authorized by the Village Board to execute this agreement with the State of Nebraska, Department of Roads for Project Number NH-20-6 (105.
Introduced and passed the 2nd day of August, 2016.
No further Business appearing.
Meeting was adjourned to the call of the Chairman. Motion by Huetig, seconded by J. Campbell. Ayes: All Nayes: None
Next meeting is scheduled for September 6th at 7:00 pm.
Janice Wobbenhorst
Chairman
Melissa Campbell
Village Clerk
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CITY OF RANDOLPH
MEETING MINUTES
August 3, 2016
The council convened in open session on Wednesday, August 3, 2016, at 6:30 p.m. in the council chambers. Notice was given in advance by publishing in the Randolph Times. Council acknowledged by Receipt of Notice. Present were Mayor Schutt, Councilmen Winkelbauer, Bargstadt, Lemmons, City Attorney Carlson, Police Chief Greiner, Economic Development Director Van Meter, City Administrator/Clerk/Treasurer Backer, and news reporter Deanna Anderson. Absent, Councilman Wattier. Also present, Norman Lulow, Josh Rayford, Brad Lenhoff, Bill Kollars, Tom Guenther, Donna Mae Schutt, and Randy Beck. Mayor Schutt advised those present of the location of the posted information regarding the Open Meetings Act.
Motion by Bargstadt, seconded by Winkelbauer to approve the minutes of July 6, 2016. ROLL CALL YEAS: Lemmons, Winkelbauer, Bargstadt NAYS: None ABSENT: Wattier
Motion by Lemmons, seconded by Winkelbauer to approve the claims as submitted. ROLL CALL YEAS: Bargstadt, Winkelbauer, Lemmons NAYS: None ABSENT: Wattier
GENERAL
Sam’s Hardware Hank, su, 242.65; Northeast NE News, pu, 203.85; League of NE Municipalities, dues, 1077.00; Appeara, se, 130.95; Jim’s Food Center, su, 28.07; Quill, su, 47.96; Business Card, su, 460.72; Gross Payroll, 5857.28
STREET
Berner’s Service, ga, 584.89; Leiting Auto, su, 78.90; Backus Sand & Gravel, gr, 153.44; Paul’s Welding, re, 194.62; West-Hodson Lumber, su, 441.00; Grossenburg, eq le, 600.00; Gross Payroll, 3557.40
SEWER
Midwest Laboratories, wa wa te, 316.00; JEO, en, 138.00; Gross Payroll, 2962.40
WATER
Bruce Tunink, trench, 390.00; NE Public Health Laboratory, wa te, 514.00; HD Supply, su, 4250.56; Gross Payroll, 2961.44
ELECTRIC
Kriz-Davis, su, 705.38; Lessman Electric, su, 656.10; Wesco, su, 1514.43; Dutton-Lainson, su, 447.30; T&R Electric, su, 1936.00; NE Power Review Board, se, 90.16; Gross Payroll, 4689.60
POLICE
Tri-State Communications, su, 84.00; Gross Payroll, 4578.50
CEMETERY
Gross Payroll, 864.00
LANDFILL
L.P. Gill, du, 1072.24; Gross Payroll, 546.75
POOL
CenturyLink, ph, 47.06; Hawkins, ch, 528.50; In The Swim, su, 260.79; Mahaska, su, 102.75; Gross Payroll, 6972.16
PARK
Gross Payroll, 1296.00
LIBRARY
Gross Payroll, 2153.45
ECONOMIC DEVELOPMENT
Northeast NE Economic Devel, dues, 1180.00; Gross Payroll, 2787.12
GOLF
Gross Payroll, 5945.84
MISCELLANEOUS
City of Randolph, ut, 9494.89; DC Communications, ld, 14.65; Source Gas, se, 94.99; WiMac, ph, 63.90; Birch, ph, 254.84
Motion by Lemmons, seconded by Winkelbauer to approve claim of $484.31 submitted by Randolph Farm Supply for gas. ROLL CALL YEAS: Schutt, Winkelbauer, Lemmons NAYS: None ABSTAIN: Bargstadt ABSENT: Wattier
Motion by Bargstadt, seconded by Lemmons to approve claim of $69.22 submitted by Winkelbauer Repair for repairs. ROLL CALL YEAS: Schutt, Lemmons, Bargstadt NAYS: None ABSTAIN: Winkelbauer ABSENT: Wattier
Motion by Lemmons, seconded by Bargstadt to approve claim of $364.30 submitted by Wattier True Value for supplies. ROLL CALL YEAS: Winkelbauer, Bargstadt, Lemmons NAYS: None ABSENT: Wattier
Bill Kollars presented information to the Council pertaining to the inspection he performed on the City Office and his recommendation on its necessary repairs. No action taken.
Brad Lenhoff appeared before the Council to address a neighborhood concern. No action taken.
Normal Lulow appeared before the Council to inquire about the proper procedure for draining residential swimming pools.
City Attorney Carlson presented information regarding Ordinance No. 674. Following discussion, Councilman Lemmons introduced Ordinance No. 674 entitled:
ORDINANCE NO. 674
AN ORDINANCE ADOPTED BY THE CITY OF RANDOLPH, CEDAR COUNTY, NEBRASKA, REQUIRING REMOVAL OF WEEDS AND GRASSES; TO PROVIDE FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT THEREWITH; AND TO PROVIDE FOR THE EFFECTIVE DATE THEREOF.
And moved the statutory rule requiring reading on three separate occasions be suspended. Seconded by Bargstadt. ROLL CALL YEAS: Winkelbauer, Bargstadt, Lemmons NAYS: None ABSENT: Wattier
Motion by Lemmons, seconded by Winkelbauer to adopt said Ordinance No. 674. ROLL CALL YEAS: Bargstadt, Winkelbauer, Lemmons NAYS: None ABSENT: Wattier
Chief Greiner had requested to amend the City’s Ordinance for sexual predators to comply with the current state statute. Following discussion, Councilman Winkelbauer introduced Ordinance No. 675 entitled:
ORDINANCE NO. 675
AN ORDINANCE ADOPTED BY THE CITY OF RANDOLPH, CEDAR COUNTY, NEBRASKA, TO ADOPT SEXUAL PREDATOR RESIDENCY RESTRICTIONS; TO PROHIBIT CERTAIN PERSONS SUBJECT TO THE SEX OFFENDER REGISTRATION ACT AND DEFINED AS SEXUAL PREDATORS FROM RESIDING IN CERTAIN AREAS WITHIN THE CITY; TO PROVIDE FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT THEREWITH; AND TO PROVIDE FOR THE EFFECTIVE DATE THEREOF.
And moved the statutory rule requiring reading on three separate occasions be suspended. Seconded by Lemmons. ROLL CALL YEAS: Bargstadt, Lemmons, Winkelbauer NAYS: None ABSENT: Wattier
Motion by Bargstadt, seconded by Lemmons to adopt said Ordinance No. 675. ROLL CALL YEAS: Winkelbauer, Lemmons, Bargstadt NAYS: None ABSENT: Wattier
Following the motion made at the July 6, 2016 meeting to re-open a portion of Kemp Street, Backer presented Ordinance No. 676. Councilman Bargstadt introduced Ordinance No. 676 entitled:
ORDINANCE NO. 676
AN ORDINANCE ADOPTED BY THE CITY OF RANDOLPH, CEDAR COUNTY, NEBRASKA, TO OPEN A PART OF PIERCE STREET AND ALSO TO OPEN A PART OF KEMP STREET, ALL LOCATED IN THE CITY OF RANDOLPH, CEDAR COUNTY, NEBRASKA, TO PROVIDE FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT THEREWITH; AND TO PROVIDE FOR THE EFFECTIVE DATE THEREOF.
And moved the statutory rule requiring reading on three separate occasions be suspended. Seconded by Winkelbauer. ROLL CALL YEAS: Lemmons, Winkelbauer, Bargstadt NAYS: None ABSENT: Wattier
Motion by Winkelbauer, seconded by Bargstadt to adopt said Ordinance No. 676. ROLL CALL YEAS: Lemmons, Bargstadt, Winkelbauer NAYS: None ABSENT: Wattier
Backer presented a Renewal Resolution for the League Association of Risk Management for 2016-2017. Councilman Lemmons introduced Resolution 2016-04 and moved for adoption of same. Seconded by Bargstadt. ROLL CALL YEAS: Winkelbauer, Bargstadt, Lemmons NAYS: None ABSENT: Wattier
LEAGUE ASSOCIATION OF RISK MANAGEMENT
2016-2017 RENEWAL
RESOLUTION
RESOLUTION NO. 2016-04
WHEREAS, The City of Randolph is a member of the League Association of Risk Management (LARM);
WHEREAS, section 8.10 of the Interlocal Agreement for the Establishment and Operation of the League Association of Risk Management provides that a member may voluntarily terminate its participation in LARM by written notice of termination given to LARM and the Nebraska Director of Insurance at least 90 days prior to the desired termination and that members may agree to extend the required termination notice beyond 90 days in order to realize reduced excess coverage costs, stability of contribution rates and efficiency in operation of LARM; and
WHEREAS, the Board of Directors of LARM has adopted a plan to provide contribution credits in consideration of certain agreements by members of LARM as provided in the attached letter.
BE IT RESOLVED that the governing body of the City of Randolph, Nebraska, in consideration of the contribution credits provided under the LARM Board’s plan, agrees to:
Provide written notice of termination at least 180 days prior to the desired termination date, which date shall be no sooner than September 30, 2019. (180 day and 3 year commitment; 5% discount)
Adopted this 3rd day of August, 2016.
Mayor Schutt made the following appointments to the Planning Commission: Jason Schmit, Rick Alderson, Crystal Junck, Mark Korth, Marcus Papenhausen, Josh Rayford, Thomas Guenther. Motion by Lemmons, seconded by Winkelbauer to approve the appointments. ROLL CALL YEAS: Bargstadt, Winkelbauer, Lemmons NAYS: None ABSENT: Wattier
Councilman Winkelbauer provided the Council with a price estimate to install two cameras at the city landfill, which can be monitored from the City Office. Following discussion, motion by Lemmons, seconded by Bargstadt to approve purchase and installation of said cameras at the city landfill. ROLL CALL YEAS: Schutt, Bargstadt, Lemmons NAYS: None ABSTAIN: Winkelbauer ABSENT: Wattier
Police Chief Greiner addressed an ongoing issue with vehicles parking in front of mailboxes, resulting in some members of the community not receiving their mail. Attorney Carlson will prepare an ordinance for this issue at the September 7, 2016 meeting.
Backer presented applications for a Special Designated License on behalf of the following:
Jerry’s Hilltop for a wedding reception and dance to be held at the city auditorium on September 10, 2016.
Mrs. Bubba’s for a wedding dance and reception to be held at the city auditorium on September 17, 2016.
Motion by Lemmons, seconded by Bargstadt to approve the same. ROLL CALL YEAS: Winkelbauer, Bargstadt, Lemmons NAYS: None ABSENT: Wattier
Department reports presented. Randy Beck provided the Council with information regarding the need to replace some of the cutouts throughout town. Purchase of said cutouts will have to wait until the new fiscal year starting October 1, 2016. Chief Greiner presented police report to the Council. Van Meter presented his monthly report to the Council. Van Meter provided a copy of the Notice of Invitation for TIF projects to be published in the upcoming weeks. Backer thanked R.O.A.R. for their donation to purchase new basketball nets for the court at the city park. Backer also thanked all who donated to the Dive in Movie night at the pool during the Randolph City Fair, which included Jim Schnoor for donation of pop, Bill Fye for donation of pop and water, Joe and Denise Aschoff for use of their screen, Axel Alvarez for his speaker, Scott & Gina Backhaus for slushie mix, the Summer Youth program for popcorn, and all guards who donated their time to make the event possible. Backer provided an update from the Army Corps of Engineers on their floodplain study. Backer informed the Council that work had begun on nuisance and abandoned properties.
With no further business to come before the board, motion by Lemmons, seconded by Winkelbauer to adjourn. ROLL CALL YEAS: Bargstadt, Winkelbauer, Lemmons NAYS: None ABSENT: Wattier
Kelsey Backer
City Administrator
/Clerk/Treasurer
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PUBLIC NOTICE
Notice is hereby given that a meeting of the Pierce County Extension Board will be held on Monday, August 22, 2016, at 8:00 pm in the Pierce County Courthouse, 111 West Court Street, Pierce, Nebraska. Said meeting is open to the public. An agenda for such meeting is kept continuously current and is available for public inspection at the Pierce County Extension Office.
Ann Fenton
Extension Educator
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ORDINANCE NO. 676
AN ORDINANCE ADOPTED BY THE CITY OF RANDOLPH, CEDAR COUNTY, NEBRASKA, TO OPEN A PART OF PIERCE STREET AND ALSO TO OPEN A PART OF KEMP STREET, ALL LOCATED IN THE CITY OF RANDOLPH, CEDAR COUNTY, NEBRASKA, TO PROVIDE FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT THEREWITH; AND TO PROVIDE FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF RANDOLPH, CEDAR COUNTY, NEBRASKA, AS FOLLOWS:
Section 1. WHEREAS, the City Council of the City of Randolph, Nebraska has been requested by the adjoining property owners to open certain streets, and whereas, said streets will see increased used by the public and will require proper maintenance, and whereas the Mayor and City Council deem it in the best interests of the city to open said parts of streets after public hearing and receiving comments from the public; NOW THEREFORE:
Section 2. That the following described streets are hereby declared opened for public use, to-wit:
That part of Kemp Street beginning at the northwest corner of Lot One (1), Block Three (3), Whitham’s Addition to the City of Randolph, Cedar County, Nebraska, thence west on said street 396 feet to the point of beginning, thence west on said street 264 feet, thence north at right angles 66 feet, thence east at right angles 264 feet, thence south at right angles 66 feet to the point of beginning, and that part of Pierce Street beginning at a point 30 feet south of the north line of Lot Nine (9), Block Four (4), Fisher and Randall’s Addition to the City of Randolph, Cedar County, Nebraska, thence south on said street to the south line of Lot Seven (7), Block Four (4), Fisher & Randall’s Addition to the City of Randolph, Cedar County, Nebraska.
Section 3.     That all ordinances and parts of ordinances passed and approved prior to the passage and approval of this ordinance and in conflict therewith are hereby repealed.
Section 4.      That this ordinance shall be in full force and take effect from and after its passage, approval and publication or posting according to law.
PASSED AND APPROVED THIS _3__ day of August, 2016.
City of Randolph, Cedar County, Nebraska
By: Dwayne Schutt
Mayor
Attest:
Kelsey Backer
City Clerk
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ORDINANCE NO. _675____
AN ORDINANCE ADOPTED BY THE CITY OF RANDOLPH, CEDAR COUNTY, NEBRASKA, TO ADOPT SEXUAL PREDATOR RESIDENCY RESTRICTIONS; TO PROHIBIT CERTAIN PERSONS SUBJECT TO THE SEX OFFENDER REGISTRATION ACT AND DEFINED AS SEXUAL PREDATORS FROM RESIDING IN CERTAIN AREAS WITHIN THE CITY; TO PROVIDE FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT THEREWITH; AND TO PROVIDE FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF RANDOLPH, CEDAR COUNTY, NEBRASKA, AS FOLLOWS:
Section 1.     That Chapter 6 of the Code of the City of Randolph, Nebraska, is hereby amended by replacing Article 3, Section 6-332, with the following:
6-332 Findings and Intent.
A.     The Nebraska Legislature has found that certain sex offenders present a high risk to commit repeat offenses and has enabled municipalities to restrict such persons’ place of residency as provided in the Sexual Predator Residency Restriction Act.
B.    Sex offenders who prey on children and who are high risks to repeat such acts present an extreme threat to public safety. The cost of sex offender victimization to these children and to society at large, while incalculable, is exorbitant.
C.    It is the intent of this Ordinance to serve the City’s compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the City by creating certain areas around locations where children regularly congregate in concentrated numbers where certain sexual predators cannot reside.
Section 2. That Chapter 6 of the Code of the City of Randolph, Nebraska, is hereby amended by replacing Article 3, Section 6-333, with the following:
6-333    Definitions. For purposes of this ordinance:
A.    Child care facility means a facility licensed pursuant to the Child Care Licensing Act
B.    School means public, private, denominational, or parochial school which meets the requirements for state accreditation or approval;
C.    Reside means to sleep, live, or dwell at a place which may include more than one location, and may be mobile or transitory;
D.    Residence means a place where an individual sleeps, lives, or dwells, which may include more than one location and may be mobile or transitory;
E.    Sex offender means an individual who has been convicted of a crime listed in Neb. Rev. Stat. Section 29-4003 and who is required to register as a sex offender pursuant to the Sex Offender Registration Act; and,
F.    Sexual predator means an individual who is required to register under the Sex Offender Registration Act, who has been classified as Level 3 because of a high risk of recidivism as determined by the Nebraska State Patrol under Neb. Rev. Stat. Section 29-4013, and who has victimized a person eighteen years of age or younger.
Section 3. That Chapter 6 of the Code of the City of Randolph, Nebraska, is hereby amended by replacing Article 3, Section 6-334, with the following:
A.     Prohibited Location of Residence. It is unlawful for any sexual predator to reside within five hundred feet from a school or child care facility.
B.    Measure of Distance. For purposes of the determining the minimum distance separation, the distance shall be measured by following a straight line from the outer property line of the residence to the nearest outer boundary line of the school or child care facility.
C.    Penalties. A person who violates this Secition shall be punished as provided generally in this Code
D.    Exceptions. This Oridinace shall not apply to a sexual predator who:
1.     Resides within a prison or correctional or treatment facility operated by the state or political subdivision;
2.    Established a residence before July 1, 2006, and has not moved from that residence; or
3.    Established a residence after July 1, 2006, and the school or child care facility triggering the restriction was established after the initial date of the sexual predator’s residence at that location.
Section 4.     That all ordinances and parts of ordinances passed and approved prior to the passage and approval of this ordinance and in conflict therewith are hereby repealed.
Section 5.      That this ordinance shall be in full force and take effect from and after its passage, approval and publication or posting according to law.
PASSED AND APPROVED THIS __3__ day of August, 2016.

City of Randolph, Cedar County, Nebraska
By: Dwayne Schutt
Mayor
Attest:
Kelsey Backer
City Clerk
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ORDINANCE NO. _674____
AN ORDINANCE ADOPTED BY THE CITY OF RANDOLPH, CEDAR COUNTY, NEBRASKA, REQUIRING REMOVAL OF WEEDS AND GRASSES; TO PROVIDE FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT THEREWITH; AND TO PROVIDE FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF RANDOLPH, CEDAR COUNTY, NEBRASKA, AS FOLLOWS:
Section 1.     That Chapter 6 of the Code of the City of Randolph, Nebraska, is hereby amended by replacing Article 3, Section 6-327, with the following:
6-327 Misdemeanors; Weed Removal.. It shall be the duty of every owner of real estate in the Municipality to cut and clear such real estate, together with one-half (1/2) of the streets and alleys abutting thereon, of all weeds, grasses and worthless vegetation. Such weeds, grasses and worthless vegetation shall be cut so as not to extend more than twelve (12) inches above the ground. For purposes of this section, weeds, grasses and worthless vegetation shall not be defined to include any vegetation that is primarily decorative, is used as part of a going business, and is within a fenced enclosure and not visible to the general public from public right of ways, or which planted or maintained as part of a garden or for landscaping purposes. In order to qualify for the foregoing exemption, the property owner must first apply for a permit from the Governing Body detailing the vegetation to be planted or maintained. There shall be no fee for such permit. Subsequent to the cutting of said weeds, grasses and worthless vegetation, all lose vegetation shall be immediately removed. Upon the failure of the owner, lessee, or occupant having control of any such real estate to cut and clear said weeds, grasses and worthless vegetation as set forth hereinbefore, the Municipal Police shall serve notice on said owner, lessee, or occupant to do so. In the event that the weeds, grasses and vegetation have not been removed after a period of five (5) days, the Governing Body may order the same to be done under the direction of the Street Commissioner and the cost thereof shall be chargeable to the property owner. If the owner fails to reimburse the Municipality after being properly billed, the cost may be assessed against the real estate and certified to the County Treasurer and the same shall be collected in the manner provided by law. In the event the property owner is a nonresident of the county in which the property lies, the Municipality shall, before levying any special assessment against that property, send a copy of any notice required by law to be published by means of certified mail, return receipt requested, to the last known address of the nonresident property owner. The last known address shall be that address listed on the current tax rolls at the time such required notice was first published. (Ref. 17-563 RS Neb.)
Section 2.     That all ordinances and parts of ordinances passed and approved prior to the passage and approval of this ordinance and in conflict therewith are hereby repealed.
Section 3.      That this ordinance shall be in full force and take effect from and after its passage, approval and publication or posting according to law.
PASSED AND APPROVED THIS __3_ day of August, 2016.

City of Randolph, Cedar County, Nebraska

By: Dwayne Schutt
Mayor
Attest:
Kelsey Backer
City Clerk
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