NOTICE
IN THE COUNTY COURT OF NEMAHA COUNTY, NEBRASKA
Estate of IVAN D.C. BEHRENDS,
Deceased
Estate No. PR10-8
Notice is hereby given that on March 31, 2010, in the County Court of Nemaha County, Nebraska, the Registrar issued a written statement of Informal Probate of the Will of said Decedent and that Larry I. Behrends, whose address is 1275 58th Ave. Suite A, Greeley, CO 80634, 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 June 8, 2010, or be forever barred.
Nancy Hall
Clerk of the County Court
1824 N Street
Auburn, NE 68305
Albert G. Fuller, #11405
FULLER LAW OFFICE
910 13th Street
Auburn, NE 68305
(402) 274-4321
Herald - April 8, 15, 22




notice
bids being accepted
The Auburn BPW is accepting seal bid for the sale of the following:
2009 Chevy Kodiak with a Altech Model D1090 TB Digger / Derrick
VIN #           1GBM7H1J7MJ104797            Serial # 0191-CO713
This equipment will be sold as is upon delivery.
Bidders can inspect this unit at 1600 O Street or by calling 402 274 4891.
Awarded Bidder will not get delivered until BPW receives their new unit which is expected in mid May.
Bids will be accept until April 26th 1:00 PM. Bids should be delivered / sent to:
BPW (Used Digger Truck)
% Betty Filbrandt
1600 O Street
PO Box 288
Auburn, NE 68305
Herald - April 8, 15




Notice of Trustee`s Sale
The following described property will be sold at public auction to the highest bidder on 05/10/2010, at 10:00 a.m. at the East front door of the Nemaha County Courthouse, 1824 N Street, Auburn, NE 68305:
LOT TWENTY-FIVE (25) IN CREST VIEW ADDITION TO THE CITY OF AUBURN, NEMAHA COUNTY, NEBRASKA
All subject to any and all:  (1) real estate taxes, (2) special assessments, (3) easements, covenants, restrictions, ordinances, and resolutions of record which affect the property, and (4) unpaid water bills,  (5) prior mortgages and trust deed of record and (6) ground leases of record.  The purchaser is responsible for all fees or taxes.  This sale is made without any warranties as to title or condition of the property.
By: Garry McCubbin, Trustee, NSBA# 22084
Kozeny & McCubbin, LC
12400 Olive Blvd., Suite 555
St. Louis, MO 63141
(314) 991-0255
First Publication 04/01/2010 , final 04/29/2010
Published in the Nemaha County Herald
K&M Filename: MCCCHNO8    
THIS FIRM IS A DEBT COLLECTOR AND ANY INFORMATION WE OBTAIN FROM YOU   WILL BE USED FOR THAT PURPOSE.
Herald - April 1, 8, 15, 22, 29




NOTICE OF TRUSTEE’S SALE
TO WHOM IT MAY CONCERN:
YOU ARE HEREBY NOTIFIED that the following-described property will be sold by GREGORY L. GALLES, Successor Trustee, at public auction to the highest bidder in the main lobby of the Nemaha County Courthouse, 1824 N St., Auburn, Nebraska, on May 11, 2010, at 10:00 o’clock a.m.:
THE NORTH HALF OF LOTS ONE AND TWO (1 & 2), IN BLOCK SIXTEEN (16), IN HOWE, NIXON AND WILLSON’S ADDITION TO AUBURN, NEMAHA COUNTY, NEBRASKA, EXCEPT THE WEST TWO FEET OF THE NORTH HALF OF SAID LOT TWO (2).
The successful bidder shall submit payment of the winning bid in full on the day and time of the sale, May 11, 2010, except this requirement is waived when the highest bidder is the Beneficiary.
DATED this 26th day of March, 2010.
PATRICK K. NIELDS, Attorney for Successor Trustee
By: Patrick K. Nields
For: LOCHER PAVELKA DOSTAL BRADDY & HAMMES, LLC
200 The Omaha Club
2002 Douglas Street
Omaha, Nebraska 68102
Phone: (402) 898-7000
Fax: (402) 898-7130
Patrick K. Nields #21519
Attorney for Successor Trustee
Herald-April 1, 8, 15, 22, 29


NOTICE OF PUBLIC HEARING
PUBLIC NOTICE is hereby given by the Legislative Body (City Council) of the City of Auburn, Nebraska that a public hearing will be held on April 26, 2010, at 5:15 p.m., or as soon as possible thereafter, at the Auburn City Hall, 1101 “J” Street, Auburn, Nebraska.  The purpose of the hearing is to obtain public comment prior to considering an ordinance regarding the recodification of the City of Auburn, Nebraska Code of Ordinances including all regulations concerning zoning.  
All interested parties shall be afforded at such public hearing a reasonable opportunity to express their views regarding the revised and recodified City of Auburn, Nebraska Code of Ordinances including all regulations concerning zoning; and at which Public Hearing the advice of the Planning Commission of the City of Auburn, Nemaha County, Nebraska will be considered; that subsequent to said public hearing said Legislative Body (City Council) shall consider an ordinance regarding the recodification of the City of Auburn, Nebraska Code of Ordinances including the adoption for the amendment, supplement, change, modification and-or repeal of the zoning regulations, restrictions, and boundaries of said City with respect to said recodification.
Sherry Heskett, City Clerk
City of Auburn,
Nemaha County, Nebraska
Herald - April 15




NOTICE OF MEETING
The Nemaha County Visitors committee will meet April 19, 2010, 1:30 p.m., Suite 105, Lower Level Courthouse, Auburn. Agenda items will include review of pre-approved funding requests and other business as may come before the committee. The public is welcome to attend.
Mary Lauber
Secretary
Herald - April 15




PUBLIC NOTICE
Request For Proposals (RFP)
School District #29, Auburn Public Schools, is requesting proposals from businesses or contractors for the following project.  Work to be done the summer of 2010.
New urethane foam roof at Calvert Elementary (the original structure only).
More specific details can be obtained from the Central Office, School District #29, 820 Central Avenue, Suite #1, Auburn, NE 68305.  Phone 402-274-4830, or fax 402-274-5227.  Proposals must be submitted by May 7, 2010.
Herald - April 15




IN THE DISTRICT COURT OF NEMAHA COUNTY, NEBRASKA
SNEIL, LLC,
Case No. CI 07-92
Loans, Inc.,
Plaintiff,  
NOTICE OF SALE
vs.
SANDRA J. FEATHERSTONE, et al.,
Defendants,
STATE OF NEBRASKA  )
)   ss.    
COUNTY OF NEMAHA )
By virtue of Order of Sale issued out of the District Court of Nemaha County, Nebraska, and pursuant to Decree of Foreclosure in an action wherein SNEIL, LLC, is Plaintiff, and Sandra J. Featherstone and Donna L. Leffert, are Defendants, Case No. CI 07-92, I will at 10 o’clock A.M. on the 26th day of April, 2010, at the east door of the Nemaha County Court House in Auburn, Nemaha County, Nebraska, sell at public auction, to the highest bidder for cash, the following described real estate and appurtenances attached thereto, to-wit:
West 1/2 of Lots 11 and 12, Calvert’s First Addition to the City of Auburn, Nemaha County, Nebraska.
to satisfy lien set forth, costs of suit, and accruing costs, all as provided by said Order and Decree.
TERMS: The highest bidder will deposit with the Sheriff on the day of the sale the full amount of the bid, in cash, except this requirement is waived when the highest bidder is the Plaintiff.
Dated at Auburn, Nemaha County, Nebraska, this 16th day of March, 2010.
Brent Lottman
Nemaha County Sheriff
Herald-March 25, April 1, 8, 15




NOTICE OF TRUSTEE’S SALE
TO WHOM IT MAY CONCERN:
You are hereby notified that pursuant to a power of sale contained in the deed of trust in the original principal amount of $112,000.00 executed by Angie M. Beethe, Trustor, which was filed for record on April 20, 2007 in Book 173 at Page 489 of the Mortgage Records in the office of the Register of Deeds of Nemaha Conty, Nebraska, the property described below will be sold by the undersigned at public auction to the highest bidder for cash or certified or cashier’s check, at the east front door of the Nemaha County Courthouse, 1824 N Street, City of Auburn, Nemaha County, Nebraska at 10:00 a.m. on May 5, 2010:
Beginning at a point One Hundred Fifty-five Feet (155’) West of the Northeast corner of Block Eighteen (18), Reed and Gilmore’s Addition to Auburn, Nemaha County, Nebraska, running thence South Seventy-five feet (S75’), thence West One Hundred Forty-five feet (145’), thence North Seventy-five feet (N75’), thence East One Hundred Forty-five feet (145’), to the place of beginning, all in Block 18, Reed and Gilmore’s Addition to Auburn, Nemaha County, Nebraska.
The highest bidder is required to deliver cash or certified funds to the undersigned by the close of business on the day of sale, except this requirement is waived when the highest bidder is the beneficiary. 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.
Eric H. Lindquist
Successor Trustee
Herald-March 25, April 1, 8, 15, 22




PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Auburn, Nemaha County, Nebraska, will consider:  
That a PUBLIC HEARING will be held on said ordinance by said Planning Commission at the City Hall, 1101 J Street, Auburn, Nebraska, on the 27th day of April, 2010, at the hour of 7:00 o’clock P.M. or as soon thereafter as possible , concerning and in relation to said ordinance at which time parties in interest and citizens shall have an opportunity to be heard;  that subsequent to said PUBLIC HEARING said Planning Commission shall submit to the Governing Body of said City its advice and recommendations upon, concerning and in relation to said ordinance including, but not limited to, specific recommendations of said Planning Commission for the amendment, supplement, change, modification and-or repeal of the building regulations of said City with respect to said ordinance.
Dated this 15th day of April, 2010
Planning Commission of the City of Auburn
Nemaha County, Nebraska
Herald - April 15




NOTICE OF PERMIT
ISSUANCE
The Nebraska Department of Environmental Quality (NDEQ) proposes to issue with modification the National Pollutant Discharge Elimination System (NPDES) permit for the Nebraska Public Power District, 1414 15th St., Columbus, NE d/b/a Cooper Nuclear Station, PO Box 98, Brownville, NE  (NPDES# NE0001244; SIC 4911).  The nuclear fuel steam electric power station has a net generating capacity of 778,000 kilowatts of power from the turbine-generator, which is driven by heated water produced by the fission of nuclear fuel in a nuclear reactor.  Once pass through cooling water from the Missouri River provides cooling for the steam condensers and is discharged through Outfall 001 to the Missouri River, segment NE1-10000 of the Nemaha River Basin.  Outfalls 002A, 002B, 002C 004, 008, and 009 are internal wastestreams of low volume categorical wastes including boiler blowdown, RO reject water, equipment condensate and floor drains.  The outfalls are regulated at the source before dilution with any non-categorical wastestreams.  Sanitary wastes are land applied on site.  The treated waste from the lagoon system and the treated runoff from the fire training pad, discharge through Outfall 005 to the Missouri River, segment NE1-10000.  The expiration date of the permit will not change and the permit will continue to restrict pollutant discharges to comply with the requirements of Department regulations.  The draft permit, fact sheet and other public information are available for review at NDEQ’s Lincoln Office (address below) between 8:00 a.m. and 5:00 p.m. weekdays, excluding holidays.  To request copies of the draft permit and other information, call 402/471-3557 (TDD operator 711).  Alternate format materials are available with advance request.  Written comments, objection and/or hearing requests concerning permit issuance may be submitted to Sharon Brunke, NPDES/NPP Permits Unit, Nebraska Department of Environmental Quality, 1200 N St., Suite 400, the Atrium, PO Box 98922, Lincoln, NE 68509-8922 before the comment period ending date of May 15, 2010.  A determination to hold a hearing will be based upon factual environmental or regulatory consideration.
Herald - April 15




NOTICE OF ORGANIZATION NEMAHA ELEVATOR, L.L.C., A LIMITED LIABILITY COMPANY
Registered Office:
Nemaha Elevator, L.L.C.,
414 1st Street, Nemaha, NE 68414
Registered Agent:
Warren D. Jones
NEMAHA ELEVATOR, L.L.C., A LIMITED LIABILITY COMPANY, shall engage in any lawful business for which a limited liability company may be formed under the Limited Liability Company Act.  Perpetual existence commenced when the Articles of Organization were filed with the Nebraska Secretary of State on April 9th, 2010.  Affairs are to be conducted by the members as authorized by the Articles of Organization.
Warren D. Jones, Member
Rick D. Jones, Member
Terry E. Jones, Member
Kevin D. Jones, Member
Herald - April 15, 22, 29

PUBLIC NOTICE
RESOLUTION NO. 12-7-09
WHEREAS, the Village Board of Trustees wish to place this issue before the voters of the Village of Brownville, Nebraska, for their decision at the Primary Election on May11, 2010; and,
WHEREAS, the Legislature of the State of Nebraska in Sections 77-27, 142, R.R.S. 1943 (as amended), authorizes the local governmental units to impose a sales and use tax of one percent within the incorporated municipality on which the State of Nebraska is authorized to impose a tax pursuant ot the Nebraska Revenue Act of 1967, as amended; and,
WHEREAS, the citizens of the Village of Brownville, Nebraska, have expressed their desire to maintain and improve public infrastructure within the community, including capital improvements and equipment, through the implementation of a one percent (1%) sale tax; and,
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF TRUSTEES OF THE VILLAGE OF BROWNVILLE, NEBRASKA, as follows:
Section 1. The Village Board of Trustees hereby find and determine that the two questions set forth in Section 2 of this Resolution should be submitted to the qualified electors of the Village of Brownville at the primary election to be held on May 11, 2010.
Section 2. At the primary election to be held on May 11, 2010, there shall be submitted to the qualified electors of the Village of Brownville the following propositions:
Proposition No. 1:
“Shall the Village Board of Trustees of the Village of Brownville, Nebraska, impose a Sales and Use Tax in the amount of one percent (1%) upon the same transactions with the Village of Brownville on which the State of Nebraska is authorized to impose a tax? And shall the proceeds collected therefrom be used specifically for funding capital improvements and equipment ?”
(If a majority of the votes cast upon such question shall be in favor of such tax, then the Board of Trustees  of the Village of Brownville, shall be empowered as provided by Section 77-27, 142, R.R.S. Neb. 2003, and shall forthwith proceed to impose a tax pursuant to the Local Option Revenue Act. If a majority of those voting on the question shall be opposed to such tax, then the Board of Trustees of the Billage of Brownville shall not impose such a tax).
Vote FOR or AGAINST the forgoing proposal:
[  ] For said one percent (1%) Sales and Use Tax.
[  ] AGAINST said one percent (1%) Sales and Use Tax.
Proposition No. 2:
“If Proposition No. 1 on the question of the imposition of a Sales and Use Tax in the amount of one percent (1%) is approved, Shall said added one percent sunset in ten (10) years?”
Vote FOR or AGAINST a ten (10) year sunset:
[  ] FOR a Ten (10) year sunset on said added tax.
[  ] AGAINST a  Ten (10) year sunset on said added tax.
The ballots to be voted upon and cast at said election shall have printed thereon the foregoing Proposition No.1  followed by the words: “For said one percent (%) Sales and Use Tax” and “Against said one percent (1%) Sales and Use Tax” following said proposition No.1.
The ballots to be voted upon and cast at said election shall have printed thereon the forgoing Proposition No. 2 followed  by the words “For a Ten (10) year sunset on said added tax” and Against a Ten (10) year on said added tax” following said proposition No. 2.
Section 3. Notice of said election shall be given to the qualified electors of said Village by publication at least one time each week for three consecutive weeks prior to such election and a copy of the sample ballot shall be published one time not more than ten days nor less than three days prior to the election, such notice and sample ballot to be published in the Nemaha County Herald, a newspaper published and of general circulation in said Village, and the Clerk of the Village Board be and hereby is directed to cause such notice and sample ballot to be published.
Section 4. The Village Clerk of the Village of Brownville shall be and hereby is authorized and directed to certify a copy of this Resolution to the County Clerk/Election Commissioner of Nemaha County, who shall designate the polling places, appoint the election officials and otherwise conduct the election as provided by law. As required by Section 32-802, Reissue Revised Statutes of Nebraska, as amended, the County Clerk shall provide for publication of the Notice of Election in a newspaper designated by the County Clerk no later than forty days prior to the day of said election and such notice shall be posted in the office of the County Clerk no later than forty days prior to such date of election.
Section 5. The form of ballot and form of notice of said election shall be substantially in the form submitted to this meeting, a copy of which forms shall be made a part of the minutes. The Village Clerk is hereby authorized and directed, in conjunction with the County Clerk/Election Commissioner to arrange for the printing of the necessary ballots for said election and to do all other things and take all other action appropriate or necessary in order to cause said proposition to be submitted to the qualified electors of the Village of Brownville as above provided.
ADOPTED AND APPROVED by the Governing Board of the Village of Brownville, Nebraska.
This 7th day of December, 2009.
Martin F Hayes
Village Board Chairman
ATTEST:
Charlotte K. McComas
Village Clerk
(SEAL)
Herald - April 15, 22, 29




MINUTES OF A REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF PERU, NEBRASKA ON MARCH 8, 2010 AT 7:00 P.M.
Present were: Mayor Lesley Ryan and Council Members: Darrin Reeves, Joe Whisler, Judie Douglas and Jay Moran. Other members of the public were also present.
Mayor Ryan called the meeting to order and informed the public of the location of the posting of the Nebraska Open Meetings Act.
The Council reviewed the minutes from the February 8, 2010 Council Meeting as well as the February 8, 2010 1 & 6 Meeting. Council Member Whisler made motion to accept the 1 & 6 Minutes as written. Council Member Douglas seconded the motion for acceptance. Vote indicated: “AYE” All. Motion: Carried. Council Member Douglas made motion to accept the February 8th Regular Council Meeting minutes as written. Council Member Reeves seconded the motion for acceptance. Vote indicated: “AYE” All. Motion: carried.
The Clerk reported the December 2009 sales tax deposit was $2,593.49. Other correspondence was reviewed.
The monthly claims were reviewed. After brief discussion, Council Member Reeves made motion to accept the claims as presented. Motion was seconded by Council Member Whisler. Vote indicated: “AYE” All. Carried. February claims paid are as follows:
OPPD-$2,314.08 (gen,sts,p&r,fr); Windstream-$234.05 (gen,fr); Black Hulls Energy-$241.10 (fr);American Recycling-$2,110.00 (gen,sts); Pitney Bowes-$106.99; (gen); Peggy Kuser, CPA-$625.00 (gen); People Service-$7,541.00 (wtr); Auburn Newspaper-$51.60 (gen); The Cleaners-$32.00 (gen); Moran Plumbing & Htg-$250.00 (swr); Dana FCole & Co-$3,900.00 (gen); Oce’ Imagistics-$89.21 (gen); Superior Lamp Inc-$373.00 (gen); Quill-$159.75 (gen); Sack Lumber Co-$480.00 (sts); Miller-Monroe-Farrell-$4,638.00 (gen,sts,wtr,fr,res); Municipal Supply-$221.19 (wtr); Decker Food Ctr-$36.21 (gen,sts); Pioneer Awards-$5.00 (gen);Concrete Industries-$529.82 (sts);Cornhusker Press-$57.50 (sts); Assurant health-$1,678.32 (gen); AFLAC-$129.60 (gen);United Life Insurance-$41.31 (gen); Emergency Med Products-$195.20 (res); NEMSA-$900.00 (res); Physicians Lab Serv-$32.00 (res); Auburn Family Health Center-$161.00 (res);SE Community College-$735.00 (res); D&D Communications_$56.09 (fr,rur,fr); PALS-$200.00 (gen).
Abbreviations-General (gen), Streets (sts), Water (wtr), Parks & Rec (p&r), City Fire (fr), Rural Fire (rur fr), Rescue (res).
The February water report is available at City Hall for public inspection.
Mayor Ryan presented her Mayor’s report for February 2010.
Council Member Whisler made motion to accept Shooter’s and Cotty’s beer garden request during Old Man River Days on June 11th from 5:00 p.m. to 1:00 a.m. and on June 12th from 10:00 a.m. to 1:00 a.m. Motion was seconded by Council Member Reeves. Vote indicated: “AYE” All. Carried.
Council Member Whisler made motion to allow the closing of 5th Street for Old Man River Days. Motion was seconded by Council Member Reeves. Vote indicated: “AYE” All. Motion: Carried.
Council Member Reeves made motion to accept outdoor music during Old Man River Days on Friday, June 11th from 9:00 p.m. to 12:45 a.m. and on Saturday, June 12th from 7:00 p.m. to 12:45 a.m.  Motion was seconded by Council Member Whisler. Vote indicated: “AYE” All. Motion: Carried.
Ruth Heywood asked the Council for permission to use the ball field for the horse pull on Saturday, June 12th and asked for a donation from City Recreation and the City of Peru for Old Man River Days. Council Member
Reeves made motion to donate $500.00 from the City and $1,500.00 from Peru City Rec. towards Old Man River Days. Motion was seconded by Council Member Douglas. Vote indicated: Whisler, Douglas, Reeves “AYE”. Moran “NAY” Motion. Carried.
Mayor Ryan said we needed a motion to allow the use of the ball field for Old Man River Days. Council Member Reeves made motion to approve the use of the ball field for the horse pull during Old Man River Days. Motion was seconded by Council Member Whisler. Vote indicated. “AYE” All. Motion, Carried.
Regarding the 5th Street repair status, Council Member Whisler said he needs some answers. Lengthy discussion followed. Mayor Ryan said she would provide the Clerk with an update next week.
Council Member Douglas brought forth discussion regarding the damaged section of road at 8th & California Street. Discussion Followed.
Regarding the PALS Easter Egg Hunt request, Mayor Ryan said the City donated $200.00 last year. Council Member Reeves made motion to donate $200.00 to PALS for the annual Easter Egg Hunt. Motion was seconded by Council Member Moran. Vote indicated: “AYE” All. Motion; carried.
Regarding the status of properties pending demolition, Mayor Ryan explained that Glen Hogue has been contacted and is going to provide inspection reports on the 3 properties as recommended by City Attorney Steve Mercure.
ADJOURN
Lesley Ryan, Mayor
Attest: Cindy L. Moran, City Clerk
(SEAL)
Herald-April 15