Village Board of Decatur
Special Board Meeting
July 24, 2015
The Board of the Village of Decatur met in special session at 3 P.M. at the Community Center on July 24, 2015. The guests signing in were Don Warren, Nina Mussack, Dale Wolf, Jaime Bacon, Jim Nicola, Susan Houck
The meeting was called to order by Chairman Kellogg.
Roll Call: Walt Bolln-yes, Kellogg-yes, Richards-Absent, Tolby-yes, Wolf-yes.
Agenda and minutes of the previous month’s meeting were received:
Roll Call: Walt Bolln-yes, Kellogg-yes, Richards-Absent, Tolby-yes, Wolf-yes Approval and/or correction and suspended reading of the previous month’s minutes:
Roll Call: Walt Bolln-yes, Kellogg-yes, Richards-Absent, Tolby-yes, Wolf-yes
Excusing Board members not attending:
Bolln made a motion to excuse Richards 2nd Tolby Roll call Kellogg- yes, Wolf- yes, Bolln-yes, Tolby-yes
1) Ordinance 7/15 Vacating portion of Twelfth Street, from the center thereof, adjacent to and abutting Lots 11 through 15, inclusive, Block 41. Kellogg stated Village Clerk, would you please read the Ordinance 7/15. Clerk read Ordinance 7/15.
ORDINANCE NO. 7/15
AN ORDINANCE PROVIDING THE FOLLOWING PORTIONS OF TWELFTH STREET LOCATED WITHIN THE VILLAGE OF DECATUR, NEBRASKA, SHALL BE VACATED: THAT PORTION, FROM THE CENTER THEREOF, ADJACENT TO AND ABUTTING LOTS 11 THROUGH 15, INCLUSIVE, BLOCK 41; PROVIDING THAT PORTION OF SUCH STREET SHALL REVERT TO THE OWNERS OF THE ABUTTING REAL ESTATE AND BECOME A PART OF SUCH PROPERTY; PROVIDING FOR A PRECEDURE BY WHICH SPECIAL DAMAGES TO ABUTTING PROPERTY OWENERS SHALL BE ASCERTAINED; REPEALING CONFLICTING ORDINANCES AND SECTIONS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS request has been made that the Village vacate the following portions of Twelfth Street: That portion of Twelfth Street, from the center thereof, adjacent to and abutting Lots 11 through 15, inclusive, Block 41;
WHEREAS the Village Board of Trustees believes it is in the best interests of the Village to vacate the foregoing portions of Twelfth Street; and
WHEREAS the owners of the abutting real estate have requested and consented to the vacating of the foregoing portions of Twelfth Street, waive their right of access to their respective properties via the foregoing portions of Twelfth Street, and waive a determination and payment of any special damages they may suffer by the vacating of the foregoing portions of Twelfth Street;
NOW, THEREFORE, BE IT ORDAINED BY THE CHAIRPERSON AND BOARD OF TRUSTEES OF THE VILLAGE OF DECATUR, NEBRASKA:
Section 1. The following portions of Twelfth Street located within the Village of Decatur, Nebraska, shall be vacated: That portion of Twelfth Street, from the center thereof, adjacent to and abutting Lots 11 through 15, inclusive, Block 41.
Section 2. Title to the foregoing portions of Twelfth Street shall revert to the owners of the abutting real estate and become a part of such property.
Section 3. No method or procedure for ascertaining special damage to abutting property owners due to the vacating of the foregoing portions of Twelfth Street shall be established as contemplated in section 92.043 of the Code of Decatur, as each and every abutting property owner has requested the vacation and acknowledges that he/she/it suffers no damages due to the of the foregoing portions of Twelfth Street.
Section 4. Notwithstanding the terms and provisions of this Ordinance, the Village shall retain the right to maintain, operate, repair, and renew public utilities existing at the time title to the abutting property is vacated, and there is reserved to the Village, and public utilities, and any cable television systems the right to maintain, repair, renew, and operate water mains, gas mains, pole lines, conduits, electrical transmission lines, sound and signal transmission lines, and other similar services and equipment and appurtenances, including lateral connections or branch lines, above, on, or below the surface of the ground that are existing as valid easements at the time title to the abutting property is vacated for the purposes of serving the general public or the abutting properties and to enter upon the premises to accomplish such purposes at any and all reasonable times. See Neb. Rev. Stat.§ 17-558 (Reissue 2012).
Section 5. Any other ordinance or section passed and approved prior to the passage, approval, and publication or posting of this Ordinance and in conflict with its provisions is hereby repealed.
Section 6. This Ordinance shall take effect and be in full force from and after its passage, approval, and publication or posting as required by law.
Passed and approved this 24th day of July, 2015.
Loretta Kellogg Chairperson
Ann M Chytka Village Clerk
Richards came in while Ordinance 7/15 was being read. Kellogg stated if there any questions-Tolby asked if this was the property where there is something still built on it she asked if there were any issues with the electricity. Clerk replied yes that is the property and no issues with electric. Bolln stated “I would like to introduce Ordinance #7/15″. 2nd Richards roll call Tolby-yes, Wolf-yes, Kellogg-yes, Bolln-yes, Richards-yes. Bolln moved for final passage on Ordinance #7/15 2nd Richards Kellogg stated “shall Ordinance #7/15 be passed and adopted? ” Roll Call- Tolby-yes, Wolf-yes, Kellogg-yes, Bolln-yes, Richards-yes Kellogg stated Ordinance #7/15 has been passed by a majority of all members of Council. The Ordinance was signed by Kellogg Chairperson and Chytka Village Clerk a seal was placed on Ordinance 7/15.
2) Employee Health Insurance- Bids were received from Burt County Insurance and KH Insurance.
Jaime with Burt County Insurance came to the table the different policies were discussed. There was discussions about the different deductibles. Kellogg stated they are looking for a higher deductible. Our life insurance is with USAble and costs 8.50 per month per each employee will continue. Wolf made a motion to go with plan PB-T Silver with $1,000 deductible with United Health Care. 2nd Bolln Roll call Tolby-yes, Richards-yes, Kellogg-yes, Wolf-yes, Bolln-yes.
MOTION TO ADJOURN THE SPECIAL MEETING
Bolln 2nd Richards
ADJOURNMENT TIME 3:30 P.M. ____________________________