SPECIAL MEETING OF THE CITY COUNCIL
TUESDAY, JANUARY 2, 2024
A meeting of the Mayor and Council of the City of Plainview, Nebraska, was held at the Council Chambers in said City on the 2nd day of January at 6:30 o’clock P.M.
Roll call was held and present were: Mayor Smith; Council Members: Anderson, Born, Janovec and Sanne Absent: None
The Pledge of Allegiance was then recited.
Mayor Smith opened the meeting and announced to individuals in attendance that a full copy of the new Nebraska Open Meetings Act was posted on the east wall of the Council Chambers.
Notice of the meeting was given in advance thereof by Publication, a designated method for giving notice, as shown by the Affidavit of Publication attached to these minutes. Notice of this meeting was given to the Mayor and all Members of the Council and a copy of their acknowledgment of receipt of notice and the agenda is attached to the minutes. Availability of the agenda was communicated in the advance notice and in the notice to the Mayor and Council of this meeting. All proceedings hereafter shown were taken while the convened meeting was open to the attendance of the public.
Jeremy Tarr was present as City Administrator
Courtney Retzlaff was present as City Clerk.
At 6:30 PM Mayor Smith opened the Public Hearing for Levy of Special Assessments for Paving Improvements Street Improvement Project No. 2021-5, Euclid Avenue from 2nd Street to 3rd Street; Paving Improvements Street Improvement Project 2021-7, Pilcher Avenue from 4th to 5th Street; Paving Improvements Street Improvement Project 2021-9, Sixth Street from Pilcher to Woodland Avenue.
City Administrator Tarr explained how the assessments were computed based on the linear footage of the owners property that is adjacent to the paving project. Different payment options were presented for consideration by the council. Public comments were received from Janet Scott, Michael and Julie Scott, Kathy Joyce, Ranae Wacker and Brian Bowman.
Sanne moved to close the public hearing at 6:53 PM. Janovec seconded the motion. Motion carried 4-0.
Council member Sanne introduced the following resolution and moved for its adoption:
RESOLUTION #692
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY PLAINVIEW, NEBRASKA:
- The Mayor and Council find and determine:
(a) That the Council has heretofore designated this time and place for considering and levying special assessments upon property specially benefited by paving improvements in Street Improvement Project No. 2021-5 (the “Project”) of the City, to pay the cost of constructing same;
(b) That, in accordance with Neb. Rev. Stat. § 17-524, notice of the time and place of holding this meeting for said purpose has been duly given as provided by statute by publication in The Plainview News, a legal newspaper of general circulation in the City, at least four weeks before the time designated therein for holding this meeting said publication being made in the issues of said paper published on November 22, 2023, November 29, 2023, December 6 ,2023, December 13, 2023, December 20, 2023 and December 27, 2023; or by completing personal service of said notice at least four weeks before the meeting upon persons owning or occupying the property to be levied;
(c) That, to ensure compliance with Neb. Rev. Stat. § 13-310, the City Clerk has mailed a copy of the published notice by certified mail to the owners of all property included in the Project at the address listed on the current tax rolls on the date when the notice is first published, all as set forth on the Affidavit of the City Clerk attached to this resolution; and
(d) That the Mayor and Council have at this session heard all persons who desired to be heard in reference to the special benefits or damages thereto by reason of the construction of said improvements and with reference thereto have considered the advice of the engineer in charge of the construction of said improvements.
- The Mayor and Council find and determine that all assessments have been adjusted and equalized with reference to the benefits resulting from the improvements and have been apportioned among the several lots and parcels of land subject to assessment in proportion to the special benefits accrued to said lots and parcels of land respectively from such improvements; that no lot or parcel of land in said Project has been damaged by the construction of said improvements; that the amounts of benefits specially accruing to each lot and parcel of land in said Project by reason of the construction of said paving improvements exceeds the amount assessed against each lot or parcel of land to pay the cost of said improvements. The benefits are equal and uniform, and the assessments shown on the schedule hereinafter set out are according to front footage of the lots or real estate within the Project.
- There are hereby levied and assessed upon the several lots and parcels of land in Street Improvement Project No. 2021-5 of the City special assessments to pay the cost of constructing said improvements in the amount in dollars and cents set out in the schedule below in the column headed “Special Assessments”.
(SEE ATTACHED SCHEDULE OF ASSESSMENTS)
- Said special assessments shall be a lien on the property on which they are levied from the date of the passage of this resolution and shall be certified by the City Clerk to the Treasurer of this City for the initial collection of said assessments; that the City Clerk shall also at the time provided by law cause the portion of said assessments remaining unpaid to be certified to the County Treasurer for entry upon the proper tax list; that said assessments shall thereafter be payable to and collected by the County Treasurer on behalf of the City.
- Said assessments are payable in fifteen equal installments, the first of which shall become delinquent not less than fifty (50) days from the date of adoption of the resolution, and the remaining installments shall become delinquent the 2nd day of January, subsequent to the date of levy and thereafter, in one, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen and fourteen years respectively; that each of said installments shall draw interest from the date of the passage of this resolution at the rate of $228.83 per centum (7%) per annum, until the same become delinquent, and after the same become delinquent interest at the rate specified by law for delinquent special assessments for such Project shall be paid thereon; provided all said assessments may be paid at one time on any lot or land within fifty (50) days from the date of levy without interest.
Council member Born seconded the foregoing motion and on roll call on the passage and adoption of said resolution, the following voted Aye; Anderson, Born, Janovec and Sanne. Nay: None. Whereupon the Mayor declared said motion carried and Resolution #692 is passed and adopted.
Council member Sanne introduced the following resolution and moved for its adoption:
RESOLUTION #693
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY PLAINVIEW, NEBRASKA:
- The Mayor and Council find and determine:
(a) That the Council has heretofore designated this time and place for considering and levying special assessments upon property specially benefited by paving improvements in Street Improvement Project No. 2021-7 (the “Project”) of the City, to pay the cost of constructing same;
(b) That, in accordance with Neb. Rev. Stat. § 17-524, notice of the time and place of holding this meeting for said purpose has been duly given as provided by statute by publication in The Plainview News, a legal newspaper of general circulation in the City, at least four weeks before the time designated therein for holding this meeting said publication being made in the issues of said paper published on November 22, 2023, November 29, 2023, December 6, 2023, December 13, 2023, December 20, 2023 and December 27, 2023; or by completing personal service of said notice at least four weeks before the meeting upon persons owning or occupying the property to be levied;
(c) That, to ensure compliance with Neb. Rev. Stat. § 13-310, the City Clerk has mailed a copy of the published notice by certified mail to the owners of all property included in the Project at the address listed on the current tax rolls on the date when the notice is first published, all as set forth on the Affidavit of the City Clerk attached to this resolution; and
(d) That the Mayor and Council have at this session heard all persons who desired to be heard in reference to the special benefits or damages thereto by reason of the construction of said improvements and with reference thereto have considered the advice of the engineer in charge of the construction of said improvements.
- The Mayor and Council find and determine that all assessments have been adjusted and equalized with reference to the benefits resulting from the improvements and have been apportioned among the several lots and parcels of land subject to assessment in proportion to the special benefits accrued to said lots and parcels of land respectively from such improvements; that no lot or parcel of land in said Project has been damaged by the construction of said improvements; that the amounts of benefits specially accruing to each lot and parcel of land in said Project by reason of the construction of said paving improvements exceeds the amount assessed against each lot or parcel of land to pay the cost of said improvements. The benefits are equal and uniform, and the assessments shown on the schedule hereinafter set out are according to front footage of the lots or real estate within the Project.
- There are hereby levied and assessed upon the several lots and parcels of land in Street Improvement Project No. 2021-7 of the City special assessments to pay the cost of constructing said improvements in the amount in dollars and cents set out in the schedule below in the column headed “Special Assessments”.
(SEE ATTACHED SCHEDULE OF ASSESSMENTS)
- Said special assessments shall be a lien on the property on which they are levied from the date of the passage of this resolution and shall be certified by the City Clerk to the Treasurer of this City for the initial collection of said assessments; that the City Clerk shall also at the time provided by law cause the portion of said assessments remaining unpaid to be certified to the County Treasurer for entry upon the proper tax list; that said assessments shall thereafter be payable to and collected by the County Treasurer on behalf of the City.
- Said assessments are payable in fifteen equal installments, the first of which shall become delinquent not less than fifty (50) days from the date of adoption of the resolution, and the remaining installments shall become delinquent the 2nd day of January, subsequent to the date of levy and thereafter, in one, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen and fourteen years respectively; that each of said installments shall draw interest from the date of the passage of this resolution at the rate of $228.83 per centum (7%) per annum, until the same become delinquent, and after the same become delinquent interest at the rate specified by law for delinquent special assessments for such Project shall be paid thereon; provided all said assessments may be paid at one time on any lot or land within fifty (50) days from the date of levy without interest.
Council member Born seconded the foregoing motion and on roll call on the passage and adoption of said resolution, the following voted Aye; Anderson, Born, Janovec and Sanne. Nay: None. Whereupon the Mayor declared said motion carried and Resolution #693 is passed and adopted.
Council member Sanne introduced the following resolution and moved for its adoption:
RESOLUTION #694
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY PLAINVIEW, NEBRASKA:
- The Mayor and Council find and determine:
(a) That the Council has heretofore designated this time and place for considering and levying special assessments upon property specially benefited by paving improvements in Street Improvement Project No. 2021-9 (the “Project”) of the City, to pay the cost of constructing same;
(b) That, in accordance with Neb. Rev. Stat. § 17-524, notice of the time and place of holding this meeting for said purpose has been duly given as provided by statute by publication in The Plainview News, a legal newspaper of general circulation in the City, at least four weeks before the time designated therein for holding this meeting said publication being made in the issues of said paper published on November 22, 2023, November 29, 2023, December 6, 2023, December 13, 2023, December 20, 2023 and December 27, 2023; or by completing personal service of said notice at least four weeks before the meeting upon persons owning or occupying the property to be levied;
(c) That, to ensure compliance with Neb. Rev. Stat. § 13-310, the City Clerk has mailed a copy of the published notice by certified mail to the owners of all property included in the Project at the address listed on the current tax rolls on the date when the notice is first published, all as set forth on the Affidavit of the City Clerk attached to this resolution; and
(d) That the Mayor and Council have at this session heard all persons who desired to be heard in reference to the special benefits or damages thereto by reason of the construction of said improvements and with reference thereto have considered the advice of the engineer in charge of the construction of said improvements.
- The Mayor and Council find and determine that all assessments have been adjusted and equalized with reference to the benefits resulting from the improvements and have been apportioned among the several lots and parcels of land subject to assessment in proportion to the special benefits accrued to said lots and parcels of land respectively from such improvements; that no lot or parcel of land in said Project has been damaged by the construction of said improvements; that the amounts of benefits specially accruing to each lot and parcel of land in said Project by reason of the construction of said paving improvements exceeds the amount assessed against each lot or parcel of land to pay the cost of said improvements. The benefits are equal and uniform, and the assessments shown on the schedule hereinafter set out are according to front footage of the lots or real estate within the Project.
- There are hereby levied and assessed upon the several lots and parcels of land in Street Improvement Project No. 2021-9 of the City special assessments to pay the cost of constructing said improvements in the amount in dollars and cents set out in the schedule below in the column headed “Special Assessments”.
(SEE ATTACHED SCHEDULE OF ASSESSMENTS)
- Said special assessments shall be a lien on the property on which they are levied from the date of the passage of this resolution and shall be certified by the City Clerk to the Treasurer of this City for the initial collection of said assessments; that the City Clerk shall also at the time provided by law cause the portion of said assessments remaining unpaid to be certified to the County Treasurer for entry upon the proper tax list; that said assessments shall thereafter be payable to and collected by the County Treasurer on behalf of the City.
- Said assessments are payable in fifteen equal installments, the first of which shall become delinquent not less than fifty (50) days from the date of adoption of the resolution, and the remaining installments shall become delinquent the 2nd day of January, subsequent to the date of levy and thereafter, in one, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen and fourteen years respectively; that each of said installments shall draw interest from the date of the passage of this resolution at the rate of $228.83 per centum (7%) per annum, until the same become delinquent, and after the same become delinquent interest at the rate specified by law for delinquent special assessments for such Project shall be paid thereon; provided all said assessments may be paid at one time on any lot or land within fifty (50) days from the date of levy without interest.
Council member Born seconded the foregoing motion and on roll call on the passage and adoption of said resolution, the following voted Aye; Anderson, Born, Janovec and Sanne. Nay: None. Whereupon the Mayor declared said motion carried and Resolution #694 is passed and adopted.
Sanne moved to adjourn the meeting. Janovec seconded. Motion carried 4-0
TIME: 7:12 P.M.
_______________________________
Robert Smith, Mayor
(SEAL)
ATTEST:
________________________________
Courtney Retzlaff, City Clerk/Treasurer
I, the undersigned, City Clerk for the City of Plainview, Nebraska, hereby certify that the foregoing is a true and correct copy of proceedings had and done by the Mayor and Council on 1/2/2024; that all of the subjects included in the foregoing proceedings were contained in the agenda for the meeting, kept continually current and readily available for public inspection at the office of the City Clerk; that such subjects were contained in said agenda for at least twenty-four hours prior to said meeting; that at least one copy of all reproducible material discussed at the meeting was available at the meeting for examination and copying by members of the public; that the said minutes from which the foregoing proceedings have been extracted were in written form and available for public inspection within ten working days and prior to the next convened meeting of said body; that all news media requesting notification concerning meetings of said body were provided advance notification of the time and place of said meeting and the subjects
to be discussed at said meeting.
______________________________
Courtney Retzlaff, City Clerk/Treasurer (SEAL)
