Weeping Water Nebraska

FEBRUARY 17, 2009

A special meeting of the Mayor and City Council of the City of Weeping Water, Nebraska, was held at City Hall in said City on the 17th day of February, 2009 at 8:30 o’clock A.M.  Present were:  Mayor, Howard Stubbendieck; Council Members: Bob McCaulley, Melody Falcone, Mitch Miller and Ray Frew.  Absent:  None.  Notice of the meeting was given in advance by posting in three public places in the City, a designated method for giving notice, as shown by the Certificate of Posting Notice attached to these minutes.  Notice of the meeting was given to the Mayor and all members of the Council and a copy of their acknowledgment of receipt of notice and 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.  The Mayor publicly stated to all in attendance that a current copy of the Nebraska Open Meeting Act was available for review and indicated the location of such copy posted in the room where the meeting was being held. The following “RESOLUTION OF NECESSITY” was proposed:
    Section 1.  That the Mayor and Council deem and hereby declare it advisable and necessary to pass this resolution and to construct additions to the existing sewage treatment facility, consisting of providing equipment, labor, testing, and materials for installation and construction of a new above-ground horizontal, ultraviolet (UV) disinfection package system, complete with piping, valves manholes, concrete (slabs, steps, walls, stop block, etc.) site and piping demolition fencing removal and repair, site grading, dewatering, electrical/mechanical and such other appurtenances thereto, all at the site of the existing sewage treatment facility of the City; and find that said improvements will constitute a general public improvement in said City, which may properly be financed by the issuance of general obligation bonds of said City.
    Section 2.  That said sanitary sewer improvements outlined above shall be constructed in accordance with the plans and specifications prepared by the special engineers for the City.  Reference is hereby made to said plans and specifications, which plans, specifications and estimate of cost have heretofore been filed with the City Clerk and are hereby approved and adopted.
    Section 3.  That for the purpose of the construction of the proposed improvements there is hereby created in the City a sewer district to be known and designated as Sanitary Sewer District No. 2009-1, the outer boundaries of which coincide with and are the same as the corporate limits of the City.
    Section 4.  That to pay the cost of the improvements herein provided for, the Mayor and  Council will after such improvements have been completed and accepted by the City, cause to be issued the negotiable bonds of the City to be called “Sewer Bonds.”  All of the said improvements are declared to be general public improvements and not local improvements and for the benefit of all of the property in the City.   All of the  said improvements are found and declared to be necessary and proper to furnish a sanitary sewer system for said City.
    Section 5.  That the engineer’s estimate of the cost of such improvements is $158,000, excluding financing costs.
Council Member Falcone moved that the foregoing Resolution be proposed and that notice thereof by published as required by law and Council Member McCaulley seconded the motion and after consideration the roll was called and the following Council Members voted in favor of the passage of said motion:  McCaulley, Falcone, Miller and Frew. Nays:  None.
Council Member Falcone then introduced the following resolution and moved its adoption.  Council Member McCaulley seconded the motion for the adoption of the foregoing Resolution and on roll call the following Council Members voted in favor of said motion:  McCaulley, Falcone, Miller and Frew.  Nays: None.  The Mayor declared the motion and the Resolution was adopted.  A true, correct and complete copy of said resolution is as follows:
1.    That the Mayor and Council will meet at the regular meeting place in said City at
6:00 o’clock P.M. on the 9th day of March, 2009, for the purpose of considering objections to the passage of a Resolution of Necessity proposed for passage at a meeting of the Mayor and Council of said City held on the 17th day of February, 2009, and making of the proposed improvements, at which meeting said Resolution of Necessity may be amended and passed, or passed as proposed.
2.    The Clerk be and is hereby instructed to cause notice of the pendency of said
Resolution of Necessity and the time and place at which said Resolution will be considered for passage and objections heard thereto to be published in two consecutive weekly publications of the Plattsmouth Journal, a legal newspaper published in Cass County and of general circulation published in said City, which publication shall contain the entire wording of the foregoing resolution and the last publication shall not be less than five days nor more than two weeks prior to the time set for such consideration, at said meeting the Council will hear objections to the passage of said resolution and to the making of the proposed improvements, after which the resolution may be passed as proposed or amended and passed as amended.
PASSED AND APPROVED this 17th day of February, 2009.
/s/ Howard Stubbendieck, Mayor

/s/ Kay Gerdes, City Clerk


Motion by McCaulley, seconded by Frew to adjourn the meeting at 8:40 o’clock, A.M.

/s/ Howard Stubbendieck, Mayor
/s/ Kay Gerdes, City Clerk