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09/01/11 Legals

Minutes of the nemaha county board of
equalization meeting
august 24, 2011
Board of Equalization of the County of Nemaha, State of Nebraska met on August 24, 2011 Commissioners Chambers, Nemaha County Courthouse, Auburn NE. Notice of meeting published in the Nemaha County Herald on August 18, 2011.  The agenda for the meeting was kept continually current and available for public inspection at the office of Nemaha County Clerk during normal business hours and also on the Nemaha County website ( HYPERLINK “http://www.nemahacounty.ne.gov” www.nemahacounty.ne.gov).  The agenda was held open until one business day prior to the meeting for appearance before the board and items for approval by the Board of Equalization.  The Board of Equalization has the right to modify the agenda to include items of an emergency nature only at such public meeting.
Chairman Wittmann called the meeting to order at 11:20 a.m.  Present for the meeting were:
Commissioner District 1 Bob Hutton, Commissioner District 2 Dennis Wittmann, Commissioner District 3 Marvin Bohling, County Clerk Joyce Oakley and County Assessor Jana Smith.
Chairman Wittmann noted the posting of the Open Meeting Poster and the availability of the Open Meeting Handouts to the public.
Motion by Hutton, seconded by Bohling to approve the agenda as presented.  Roll call vote:  Wittmann, aye; Hutton, aye; Bohling, aye.
Motion by Hutton, seconded by Bohling to approve the August 10, 2011 minutes as presented with no corrections.  Roll call vote: Hutton, aye; Wittmann, aye; Bohling, aye.
Public hearing was held at 11:23 a.m. on the new Application for Tax Exemption on Real and Personal Property by Qualifying Organization Peru State College Foundation (parcel 640030718) Section 21 T6N R 15E – 12.42 acres Pt of Lot 1 of 17, Lot 1 of 7 ex N 397.99’ of W 63.58’. Notice of public notice was published in the Nemaha County Herald on August 11, 2011 and August 18, 2011. Chairman Wittmann opened the public hearing.  The following were present at the public hearing:  Bob Hutton, Dennis Wittmann, Marvin Bohling, County Clerk Joyce Oakley, and County Assessor Jana Smith. No one was present from Peru State College Foundation to present additional information on the request for tax exemption.
Chairman Wittmann closed the public hearing at 11:26 a.m.  
Motion by Bohling, seconded by Hutton to deny the Application for Tax Exemption for Peru State College, legal description: Section 21 T6N R 15E – 12.42 acres Pt of Lot 1 of 17, Lot 1 of 7 ex N 397.99’ of W 63.58’, inadequate justification.  Roll call vote:  Wittmann, aye; Bohling, aye; Hutton, aye.  
County Clerk Oakley presented an Exemption Application for Tax Exemption on Motor Vehicles, Form 457 for St. Clara Catholic Church:  2000 Chevrolet Van, 2001 Chevrolet. Motion by Hutton, seconded by Bohling to approve Motor Vehicle tax exemption for St. Clara Catholic Church on 2000 Chevrolet Van, 2001 Chevrolet.  Roll call vote: Hutton, aye; Bohling, aye; Wittmann, aye.
With no further business to come before the Board of Equalization motion by Bohling, seconded by Hutton to adjourn the meeting at 11:38 a.m.  Roll call vote: Bohling, aye; Wittmann, aye; Hutton, aye.
Dennis Wittmann, Chairman   
Board of Equalization
I, Joyce Oakley, the undersigned County Clerk of Nemaha County, Nebraska do hereby certify the foregoing minutes are true and are a part of the official records of this office. A complete copy of the minutes is available during normal business hours at the Nemaha County Clerk’s office.
Joyce Oakley
County Clerk
Herald - September 1




proceedings of the nemaha county board of commissioners meeting
august 24, 2011
County Board of Commissioners of the County of Nemaha, State of Nebraska met on August 24, 2011, Commissioner’s Chambers, Nemaha County Courthouse, Auburn NE for a regular scheduled meeting.  Notice of meeting published in the Nemaha County Herald on August 18, 2011. The agenda for the meeting was kept continually current and available for public inspection at the office of Nemaha County Clerk during normal business hours and also on the Nemaha County website.  The agenda was held open until one business day prior to the meeting for appearance before the board and items for approval by the Board of Commissioners.  The Board of Commissioners has the right to modify the agenda to include items of an emergency nature only at such public meeting.
Chairman Hutton called the meeting to order at 8:01 a.m. Present for the meeting:  Commissioner District 1 Bob Hutton, Commissioner District 2 Dennis Wittmann, Commissioner District 3 Marvin Bohling and County Clerk Joyce Oakley.
Chairman Hutton noted the posting of the Open Meeting Poster and the availability of the Open Meeting Handouts to the public.
Visitors present – Dave Swanson, Nemaha County Herald
Motion by Wittmann, seconded by Bohling to approve the agenda as presented.  Roll call vote:  Hutton, aye; Wittmann, aye; Bohling, aye.
Motion by Bohling, seconded by Wittmann to approve the August 10, 2011 regular scheduled meeting minutes with no corrections.  Roll call vote: Bohling, aye; Hutton, aye; Wittmann, aye.
Motion by Wittmann, seconded by Bohling to approve the claims for payment as presented by the County Clerk and authorized for payment by the Board of Commissioners.  Roll call vote: Wittmann, aye; Bohling, aye; Hutton, aye.
Marty Fattig, Director Nemaha County Hospital presented a price quote in the amount of $17,941.02 from Karl Storz Endoscopy-America, Inc. for a flexible cystoscope with camera and light source for the Nemaha County Hospital.  Motion by Bohling, seconded by Wittmann to ratify the purchase of the flexible cystoscope with camera and light source in the amount of $17,941.02 from Karl Storz Endoscopy-America, Inc as recommended by the Nemaha County Hospital Board. Roll call vote:  Wittmann, aye; Hutton, aye; Bohling, aye.
Bert Fuller, Mark Boellstorff and Brent Lottmann presented the MFO requests to the Board of Commissioners.  Motion by Wittmann, seconded by Hutton to adopt Resolution 2011-32 setting the Nemaha County Agricultural Society levy at .006810 and the Rural Fire Districts levy at .035377 FY 2011-2012.   Roll call vote:  Bohling, aye; Wittmann, aye; Hutton, aye.
Laura Osborne, Director NADAA presented NADAA’s quarterly report of activities and public reached.  Sandy Morrissey, Prevention Director, Region V Systems presented Region V Systems 2011-2012 Prevention Federal Block Grant Recipients survey results to the board.
Board sine die at 11:20 a.m. to meet as Board of Equalization.
Jim Oestmann, United Healthcare representative was present to discuss the employee health insurance rate increase. Motion by Bohling, seconded by Wittmann to provide United Healthcare Insurance policy N1-6/RxJA to the employees of Nemaha County.  Roll call vote:  Hutton, aye; Bohling, aye; Wittmann, aye     
Board reconvened as Board of Commissioners at 11:39 a.m.    
Motion by Wittmann, seconded by Bohling to approve the application for Dept. of Army Permit for Bridge project C006403805 Pawnee/Nemaha County Line Culvert Project. Roll call vote:  Bohling, aye; Hutton, aye; Wittmann, aye.
Motion by Bohling, seconded by Hutton to accept the resignation from Harry Bowman from the foreman position at District 2 County Road Department effective August 31, 2011.  Roll call vote;  Wittmann, aye; Hutton, aye; Bohling, aye.
Motion by Bohling, seconded by Hutton to appoint Scott Lickteig to the foreman position at the District #2 County Road Department effective September 1, 2011.  Roll call vote:  Hutton, aye; Bohling, aye; Wittmann, aye.
Motion by Bohling, seconded by Wittmann to appoint Harry Bowman to Mechanic/Laborer position for County Road Department effective September 1, 2011.  Roll call vote:  Bohling aye; Hutton, aye; Wittmann, aye.
The following fuel bids for September, 2011 were received:  Farmers Coop No. 2 Diesel $3.45, Unleaded $3.43; Lueders Petroleum No. 2 Diesel $3.484, Unleaded $3.444.  Motion by Wittmann, seconded by Bohling to award the fuel bid for the month September, 2011 to Farmers Coop.  Roll call vote: Wittmann, aye; Hutton, aye; Bohling, aye.
Motion by Wittmann, seconded by Bohling to reappoint Milton Kite to the Veterans Service Board for a term of 5 years, retroactive to June 30, 2011.  Roll call vote:  Hutton, aye; Wittmann, aye; Bohling, aye.
Motion by Bohling, seconded by Wittmann to approve Permit No. 2011-06  ‘Permit to Perform Work on Public Right of Way’ for Glade Goings, Sec 7-T4N-R15E.  Roll call vote: Bohling, aye; Wittmann, aye; Hutton, aye.
Motion by Wittmann, seconded by Bohling to adopt Resolution 2011-33 approving the subdivision of a 3.425 acre tract of land in Section 18 T6N R13E for Gerda Rotter.  Roll call Vote:  Wittmann, aye; Bohling, aye; Hutton, aye.
Motion by Bohling, seconded by Wittmann to not approve the selling the surplus bridge material from Bridge C0064003805 to Eggers Bros. Roll call vote:  Hutton, aye; Bohling, aye; Wittmann, aye.
Motion by Wittmann, seconded by Bohling to adopt Resolution 2011-34 Changing the Road Employees summer hours to start on Memorial Day Holiday and end on the Friday before Labor Day Holiday.  Roll call vote:  Wittmann, aye; Hutton, aye; Bohling, aye.
Motion by Bohling, seconded by Wittmann to approve the 2011-2012 inventories from the county officials and office directors.  Roll call vote:  Bohling, aye; Hutton, aye; Wittmann, aye.
Motion by Wittmann, seconded by Bohling to approve the use of courthouse grounds for ‘Meet & Greet’ for John Davis, Presidential Candidate scheduled for September 1, 2011, 7:00 p.m.  Roll call vote:  Hutton, aye; Wittmann, aye; Bohling, aye.
The following claims were approved for payment by the Board of Commissioners and authorize the County Clerk for payment:
General
Salaries    $ 36,307.18
Action Technology, se    500.00
AFLAC, ins    532.60
Ameritas Life Ins, ret    5,180.46
Andrew, Ashley, se    300.00    As Central, se    215.00
Aub Family Hlth, me se    543.29
Aub Plumb Htg, bldg re    92.76
Automated System, se    95.00
Beasterfield, B, reim    112.73
Bennett, Pam, mhb    300.00
Black Hills Energy, ut    120.19
Blaser, Jesse,  reim    144.60
Blue Valley Door, bldg re    1,639.84
Bohl Plumb Htg, jail re    97.50
Bohling, Marvin, mi    104.34
Cain, James, atty fe    765.00
Capital Business, cont    162.00
Caseys General, fu    280.27
Conseco Hlth, ins    31.00
Creighton Med, me se    756.06
CVSOAN, reg    35.00
D&D Comm, se    430.00
Deluxe Business, su    134.23
DMV, se    3.00
Dollar General, su    22.90
Dugan-Hinrichs, se    150.00
Edwards Chemicals, su    123.19
Elliott, Ron, cont    2,591.75
Fankhauser Nelson, se    163.28
Fuller, Albert, mhb    400.00
GE Capital, ma ag    34.61
General Fire, eq    303.90
Gerdes, Jana, reim    150.00
Gneil, su    59.99
Halsey, Angela, wit fe    20.00
Hometown Brand, se    42.95
Johnson, Diane, reim     13.20
Kathleen Laughlin, garn    207.00
Latimer Reporting, se    128.47
Lesoing, Gary, mi    61.61
Liberty Nat’l, ins    20.40
Mellage, Mary, se    153.00
Metlife, annt    11.16
Meyer, Jane, mi, reim    404.83
Mid-American, su    270.15
MIPS, su    91.88
Moyer, Casey, reim    144.60
NE Hlth Human Service, se    186.00
NE Public Hlth, bl al    252.00
Nem Co Clerk, ins    609.67
Nem Co Clk Dist Ct, fe    454.00
Nem Co Extension, se    25.00
Nem Co Hosp, bl al,me se    1,022.46
Nem Co Tax, ss, fwh    10,044.05
Nem Co Tax, nwh    2,479.31
Nutsch-Fulton, K, mi    61.62
Oakley, Joyce, mi    72.15
OptiMa Inc, su    233.95
Orscheln, su    21.98
Otoe County Ct, su    4.50
Pamida, su    87.40
Pippert, Virginia, mhb    300.00    Pitney Bowes, ma ag    142.00
Presto-X, se    199.00
Quill, su    241.26
Reserve Acct, pstg    3,000.00
Rieger, Rachel, bd pr    2,063.95
Sarpy Co Sheriff, bd pr    680.00
Scotts Bluff Sheriff, reg    495.00
SE Dist Co Officials, reg    150.00
Skyline Const, bldg re    8,630.00
The Hartford, annt    100.00
Tincher of Aub, se    379.04
Tri-State Office, su    31.39
United Healthcare, ins    16,688.87
UNL Thayer Co, reg    50.00
UNL IS Comm, se    111.39
Van Gundy Art, su    855.00
Verizon Wireless, se    152.06
Vlach, Richard, reim    22.37
Waddell & Reed, annt    25.00
West Payment, sub    63.00
Windstream, se    1,578.31
Wolters Kluwer, su    421.00
Road
Salaries    $14,654.75
AFLAC, ins    210.20
Ameritas, ret    2,112.44
Behrends, Craig, rk    120.75
Concrete Ind, con    464.63
Conseco, ins    28.00
Crop Production, su    31.25
Helms, Ross, reim    11.45
Liberty Nat’l, ins    168.62
Martin Marietta, rk    13,127.86
Med Enterprises, se    36.00
Mellage Truck,pts,la,oil    2,622.35
Midwest Service, su    937.50
NE Public Emp, un du    520.00
Nem Co Tax, ss, fwh    4,317.61
Nem Co Tax, nwh    1,209.25
Powerplan, pts    319.28
Schneider OK, ti re    432.02
United Healthcare, ins    9,440.47
Village Johnson, ut    278.60
Windstream, se    184.36
Windstream, se    40.00
Zacharias Farms, rk    483.00
County Visitors
Kruger, Mary, mi, me    155.98
Prairie Fire Paper, adv    170.00
Drug Coalition
Salaries    $2,408.98
Ameritas, ret    316.42
Comstock, Kerri, se    500.00
Nem Co Tax, ss, fwh    570.23
Nem Co Tax, nwh    155.16
Osborne, Laura, mi    34.97
Pamida, su    16.55
Peru State College, adv    1,650.00
Tri State Office, su    122.53
Verizon Wireless, se    135.69
Wells Fargo Bank, su    1,170.97
Whisler, Kayleigh, mi    22.20
4Imprint, su    773.55
911 Wireless
Windstream, se    822.87
Windstream, se    314.88
911 Emergency Service
American Tower, se    663.00
Windstream, se    571.82
Windstream, se    218.82
annt, annuity; atty fe, attorney fees; bd pr, board of prisoners; bldg re, building repair; bl al, blood alcohol; cont, contract; du, dues; eq, equipment; fe, fees; fu, fuel; ins, insurance; la, labor; ma ag, maintenance agreement; me, meals; me se, medical service; mi, mileage; pts, parts; reim, reimbursement; ret, retirement; se, service; su, supplies; ti re, tire repair; ut, utilities
With no further business to come before the Board of Commissioners, motion by, seconded by to adjourn at 2:08 p.m.
Bob Hutton, Chairman
Board of Commissioners
I, Joyce Oakley, the undersigned County Clerk of Nemaha County, Nebraska do hereby certify the foregoing minutes are true and are a part of the official records of this office. A complete copy of the minutes is available during normal business hours at the Nemaha County Clerk’s office.
Joyce Oakley
County Clerk
Herald - September 1





notice of meeting
nemaha natural
resource district
The Nemaha Natural Resources District Board of Directors will hold their regular meeting at 8:00 p.m. Thursday, September 8, 2011, at the NRD headquarters in Tecumseh, Nebraska.  Individual committee meetings begin at 7:00 p.m.  An agenda is being kept current at the office – 62161 Hwy 136, Tecumseh, NE  68450.
Herald - September 1  




NOTICE
The following units located at Stor-N-Lock, Auburn will be auctioned off or otherwise disposed of on Monday, September 5th, 2011 at 1:00 p.m.
Unit #50: Marlene Neumeister 612 California St., Peru, NE 68421.
Unit #59: Julie Hahn/Whitten 1520 22nd St., Auburn, NE 68305.
Unit #61: Bill Kaster 113 N. 8th St., Apt. 113, Nebraska City, NE 68410.
Unit #75: Marlene Neumeister 612 California St., Peru, NE 68421.
Unit #92: Annette Phillips 1406 N St., Auburn, NE 68305.
Unit #107: Steve Westenberg 72887 634 Rd., Auburn, NE 68305.
Herald - August 18, 25, Sept. 1


NOTICE OF SHERIFF’S SALE
As ordered by the District Court of Johnson County, Nebraska, in INA Group, LLC v. James T. Truscott, et al., Case No. CI 09-118, the following-described real estate:
N1/2 SW 1/4 and the North 30 acres of the SW 1/4 SW 1/4 and the North 10 acres of the SE 1/4 SW 1/4, all in Section 27, Township 5 North, Range 9 East of the 6th PM., Johnson County, Nebraska
will be sold at public auction to the highest bidder on October 11, 2011, at 10:00 a.m. at the Johnson County Courthouse, located at 351 Broadway Street, Tecumseh, Nebraska.
The title to the real estate will be subject to:
1. Unpaid real estate taxes.
2. Unpaid special assessments, if any,
Terms of sale shall be 100 percent (100%) of the bid on the date of the sale.
Dated: August 16, 2011.
By: Scott Walton, Sheriff of Johnson County
Herald - Aug. 25, Sept. 1, 8, 15




NOTICE
IN THE COUNTY COURT OF NEMAHA COUNTY, NEBRASKA
Estate of VERN L. COTTON, Deceased
Estate No. PR11-23
Notice is hereby given that on August 10, 2011, 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 Candace M. Cotton, whose address is 1314 7th Street, Auburn, NE 68305 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 October 18, 2011, 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 - August 18, 25 & Sept. 1




AMENDED 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 September 20, 2011, at 11:00 o’clock a.m.:
The South One-Half (S1/2) of Lot Two (2), and all of Lot Three (3), Block Sixteen (16), Original Town of Calvert, now Auburn, Nemaha County, Nebraska.
The successful bidder shall submit payment of the winning bid in full on the day and time of the sale, September 20, 2011 at the offices of Locher Pavelka Dostal Braddy & Hammes, except this requirement is waived when the highest bidder is the Beneficiary.
DATED this 28 day of July, 2011.
GREGORY L. GALLES, Successor Trustee
By: Gregory L. Galles
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
Gregory L. Galles, #21748
Herald - Aug. 11, 18, 25, Sept. 1, 8




NOTICE OF APPLICATION FOR LIQUOR LICENSE

Notice is hereby given that an application for a Class CK License has been filed in due form by Allen P. Weible, d/b/a Cotty’s Place. Said applicant proposed that the place of business is 605 5th Street, Peru, Nebraska.
Notice is hereby given that written protests to the new issuance of said license may be filed by any resident of the City of Peru, Nebraska on or before 4:00 p.m., September 9, 2011, in the office of the City Clerk; that in the event protests are filed by three (3) or more such persons, a hearing will be held to determine whether said license should be allowed.
Cindy L. Moran
City Clerk
City of Peru, Nebraska
Herald - September 1




NOTICE OF SPECIAL
HEARINGS
The Board of Education of District #29 of Nemaha County, Nebraska will hold a Special Budget Hearing and Special Tax Request Hearing prior to the regular Board of Education Meeting.
The Hearings and Board meeting will be held beginning at 5:20 p.m. on Monday, September 12, 2011 at the Auburn Public Schools Central Office, 1713 J Street, Auburn, Nebraska.

Herald - September 1

public notice
NEMAHA COUNTY
EXTENSION BOARD MEETING
The Nemaha County Extension will hold an Extension Board Meeting, Thursday, September 8, 2011, 7:00 p.m. at the Meeting Room in the basement of the Courthouse, Auburn.
The agenda is maintained at the Nemaha County Extension Office, Courthouse - Auburn, 402-274-4755, and is posted at the Nemaha County Courthouse.
Herald - September 1




Public Notice
Notice of Public Hearing for Lease of Property Owned by Nemaha County, Nebraska.
Notice is hereby given that pursuant to Neb. Rev. Stat. §23-107.01, a public hearing will be held prior to the leasing of any county owned real estate, not required for county purposes.
A public hearing for leasing specific area(s) at the Nemaha County Office Building located at 1908 O Street, Auburn NE will be held on September 14, 2011 at 10:00 a.m., Commissioners Chambers, Suite 201, Nemaha County Courthouse, Auburn NE. The Board of Commissioners is seeking to lease office space at the Nemaha County Office Building, located at 1908 O Street, Auburn NE.
The address of the property to be leased is 1908 O Street, Auburn NE 68305 and the legal description of property is as follows:  N ½ Lot 3, Block 2 Courthouse Addition to the City of Auburn, Nemaha County, Nebraska. Any interested party(ies) may appear and speak for or against the leasing and raise any issue regarding the fair market value of the property as it has been determined by the Nemaha County Board of Commissioners.
Joyce Oakley,
County Clerk for the County of Nemaha, Nebraska
Herald - September 1, 8





City Council Proceedings
July 25, 2011
The Mayor and Council of the City of Auburn, Nemaha County, Nebraska, were called to meet at the City Hall at 1101 “J” Street on July 25, 2011, at 7:00 o’clock P.M., in Regular Meeting, open to the general public.
The meeting was called to order by Mayor Scott Kudrna.  Upon roll call, the following members of the City Council were present:  Billings, Bishop, Clark, Critser, and Holtzman. Absent:  Erickson.  
Mayor Kudrna announced “I am required by law to inform the public that a copy of the Open Meetings Act is posted on the North wall of these Chambers by the entrance door”.  
Council approved the June 27, 2011 meeting’s minutes as written.
The City Council approved the financial report.
The Mayor announced that the public hearing that had been advertised in the newspaper to  consider a general redevelopment plan for an area of the City that had been declared blighted and substandard and the public hearing that had been advertised in the newspaper to consider a substantial modification to a general redevelopment plan including certain redevelopment projects in an areas of the City that has previously been declared blighted and substandard would not be held because they were not necessary according to the CRA attorney.  
Claims from Auburn Plumbing, Heating & AC Inc for invoices totaling $2395.44 were presented before the Council for approval.  With Council Member Bishop abstaining from the vote, and all other Council Members voting in favor, the invoices from Auburn Plumbing, Heating & AC Inc were approved.  An invoice from Captain Handy in the amount of $393.03 was presented before the City Council for approval.  With Council Member Holtzman abstaining from the vote, and all other Council Members voting in favor, the invoice from Captain Handy was approved.
The following claims were presented before the Council for ratification:  American Family Life Assurance Co., Wh-95.47; Hinrichsen Construction, CDBG Contractor-1000.00; Quality Remodeling, CDBG Contractor-325.00; Auburn Newspaper, CRA-15.47; Gilmore & Bell PC, CRA-4230.00; Action Technology Services Inc., Se-300.00; American Recycling & Sanitation, Se-145.00; Black Hills Energy, Ut-1285.45; Blue Cross-Blue Shield, Ins-9999.39; Board of Public Works, Ut-6213.33; Five Nines Technology Group, Se-143.70; Jeffrey Timmerman, Reim-394.93; Linda Bantz, Se-302.95; Mark Harms, Ex-500.00; NE Dept of Revenue, Tax-1804.10; Nebraska UC Fund, Ex-2938.69; Nemaha County, Se-4512.95; Region V-SENDS, Se-325.00; Southeast Nebraska Development District, CDBG Service-2875.84; The Standard, Ins-462.99; Time Warner Cable, Se-Phones-243.50; Windstream, Phones-796.19; Wright Express, Su-3234.24.   The following claims (not previously approved by motion or resolution) were presented:  Acco, Su-1752.90; Anderson Electric & Pump Service, Su-Se-3900.00; Associated Supply Co. Inc., Su-109.22; Auburn Fire Dept., Su-203.06; Auburn Memorial Library Petty Cash, Su-116.63; Auburn Newspapers, Se-715.55; Beard’s Salvage Inc., Su-59.95; Board of Public Works, Su-602.69; Bohl Plumbing & Heating Inc., Se-65.00; Bulldog Auto Parts, Su-97.82; Concrete Industries Inc., Su-998.38; Demco, Su-536.82; Dettmer Farm Service Inc., Su-533.01; Dultmeier Sales, Su-14.75; Duro-Last Inc., Se-598.75; Ed M. Feld Equipment Co. Inc., Se-122.00; Eggers Brothers Inc., Su-55.80; Five Nines Technology Group, Se-Equip-1977.50; Flower Country & Gifts, Su-38.34; Gaylord Bros., Su-23.15; Glenn’s Corner Market, Su-57.00; Hinrichsen Construction Co., CDBG Contractor-4950.00; Husker Electric Supply Co., Equip-1203.00; JEO Consulting Group Inc., Se-1480.00; Layne Christensen Company, Equip-Re-7079.12; Loveland Grass Pad, Su-84.90; Lynch’s Hardware & Gifts, Su-418.94; Mary Kruger, Reim-31.06; Nebraska Environmental Products, Su-638.05; Nebraska Statewide Arboretum, Mem-100.00; OCLC Inc., Se-49.76; Orscheln, Su-100.78; Pamida, Su-240.37; Postmaster, Su-88.00; Steve Rademacher, Se-30.00; Random House Inc., Bk-AVS-32.00; Rasmussen Mechanical Services, Se-Re-648.00; Sack Lumber Co., Su-951.56; Scott Kudrna, Reim-698.89; Southeast Nebraska Development District, CDBG Services-95.41; Stutheit Implement Co., Su-92.17; The Cleaners, Se-Reim-69.50; TMCO, Ex-Su-110.00; Town & Country Vet Clinic, Se-194.90; Triad Telephone, Se-109.00; Woods & Aitken LLP, Fe-120.00; Xerox Corporation, Su-Se-350.26.
Abbreviations for this legal:  AV-Audio Visual; Bk-Book; CDBG-Community Development Block Grant; Contrib-Contribution; CRA-Community Redevelopment Authority Expense: Equip-Equipment; Ex-Expense; Fe-Fee; Ins-Insurance; Inspect-Inspection; Int-Interest; Inv-Economic Development Investment; Lic-Licenses; Maint-Maintenance; Mem-Membership; Pen-Pension; Per-Periodical; Re-Repairs; Ref-Reference Materials; Reg-Registration; Reim-Reimbursement; Se-Service; Su-Supplies, Material & Parts; Sub-Subscription; UA-Uniform Allowance; Ut-Utilities; Wh-Withholding.
Council approved the claims which have not been previously approved by motion or resolution and ratified the ordinary and necessary expenses allowed and in accordance with Resolution No. 7-11 that was approved February 28, 2011.
Approval was given for attendance at the Nebraska Sheriffs’ Association and Police Officers’ Association fall training conference to be held October 2nd through October 5th in Kearney.
The City Council confirmed the following appointments/reappointments:  David Pippert to the Planning Commission, Brian Freeman to the Volunteer Fire Department, Frank Critser to the Safety Committee and Mary Ann Chaney and Deb Clopton to the Library Board.
The City Council amended the Redevelopment Plan of the City of Auburn, Nebraska, to add and include an additional six adjacent and contiguous parcels to Redevelopment Area #1 by the passage and adoption of Resolution No. 18-11.
Brian Steele presented information concerning his plan to construct a custom meat plant in Auburn, provided property can be acquired that allows for this type of business.  Public hearing was held to consider a request for change of zoning from C-R Commercial Residential to M Industrial for property described as follows, to-wit:  Lots 11 & 12, Block 29, Sheridan Addition.  It was noted that the Planning Commission has not made a recommendation on the request.  The introduction of an ordinance to change the zoning was not presented. Consideration and possible action may be considered at a later meeting.  
The City Council committed to provide financial backing in support of the Auburn Memorial Library Foundation in obtaining a $100,000 loan from the USDA for funding assistance to construct and furnish an addition to the Auburn Memorial Library by the passage and adoption of Resolution No. 19-11.
Board of Public Works General Manager Dave Hunter reported the BPW is investigating providing water operator services to City of Peru officials which would not involve addition staff requirements to the Auburn Board of Public Works.    
NSP1 095-ND-38 Demolition Project Drawdown No. 11 Final and the related claims were approved.
The City Council approved payment in the amount of $2,125 to Southeast Nebraska Development District for the City’s 2012 membership dues.
The City Council approved payment in the amount of $1,005 to Southeast Nebraska Development District for support of the 2012 housing activities membership dues.
Ordinance No. 27-11, Amending Auburn City Code Section 99.59 “Weeds, Litter, and Stagnant Water” and repealing Section 132.12 “Weeds: Control” from the Auburn City Code was approved.
Reports were given by the following department heads:  library, fire department, street department, and police department.  Written financial reports were given on the sales tax receipts and services provided by the Board of Public Works. The Mayor presented an updated financial report and information on the status of the CDBG Downtown Revitalization Phase 2 program.
The following committees provided reports:  Street, Building and Economic Development.  With regards to the safety committee, it was reported that the street department employees met on July 20th in a joint training with the county. The Keep Auburn Beautiful committee will be asked to meet and look at ways to get vacant lots used. A written financial report was provided by the Auburn Community Redevelopment Authority.
There being no further business to come before the Mayor and Council, the City Council adjourned.
Sherry Heskett
City Clerk
J. Scott Kudrna
Mayor
A complete copy of the minutes is available for inspection at City Hall.  
Herald - September 1




PUBLIC NOTICE
Notice is hereby given that there will be a meeting regarding the Auburn Memorial Library Foundation’s application to the USDA Rural Development for financial assistance. The meeting will be held on Monday, September 12, 2011 at 10:00 a.m. at the Auburn Memorial Library. This meeting is regarding the proposed project and to provide the opportunity for public comment.
Herald - September 1, 8




NOTICE
IN THE COUNTY COURT OF NEMAHA COUNTY, NEBRASKA
Estate of Gladys Hutton, Deceased
Estate No. PR 11-25
Notice is hereby given that on August 24, 2011, 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 Robert E. Hutton, whose address is 72526 644 Ave., Nemaha, NE 68414 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 November 1, 2011 or be forever barred.
Nancy Hall
County Court Clerk Magistrate
1824 N Street
Auburn, NE 68305
Kelly J. Werts, #20509
FANKHAUSER, NELSEN, WERTS & ZISKEY, PC
1901 N Street
Auburn, NE 68305
(402) 274-2444
Herald - September 1, 8, 15




NOTICE OF TRUSTEE’S SALE
Re: 7899.0344
TO WHOM IT MAY CONCERN:
You are hereby notified that the following-described property will be sold by Camille R. Hawk, Attorney at Law, Successor Trustee, at public auction to the highest bidder at the East front door of the Nemaha County Courthouse, in the city of Auburn, Nemaha County, Nebraska on October 13, 2011 at 10:00 a.m.
Lots 5 and 6, Block 1, in Original Town of Calvert, now Auburn, Nemaha County, Nebraska
commonly known as 2319 N St., Auburn, NE.
The highest bidder will deposit with the Trustee, at the time of the sale, a personal or cash0ier’s check in the amount of $5,000.00, with the full purchase price, in certified funds, to be recieved by the Trustee by 5:00 p.m. on the day of the sale, except this requirement is waived when the highest bidder is the beneficiary. (If the sale is held after 1:00 P.M., the deposit requirement remains the same, and the full purchase price, in certified funds, shall be received by the Trustee by 5:00 p.m. the following business day.) The purchaser shall be responsible for all prior liens, all appliable fees, and all taxes, including the documentary stamp tax. This property is sold “as is” and this sale is made without any warranties as to title or condition of the property.
Camille R. Hawk, Attorney at Law, Successor Trustee
By: Camile R. Hawk, (#20395)
Walentine, O’Toole, McQuilan & Gordon
11240 Davenport Street
P.O. Box 540125
Omaha, NE 68154
(402) 330-6300
Herald - September 1, 8, 15, 22, 29