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04/25/2006 Special Meeting

FRIEND CITY COUNCIL

MINUTES-SPECIAL MEETING

APRIL 25, 2006

Mayor Horner called the special meeting of the City Council to order at 6:00 p.m. at the City Hall.  Advanced notice of the meeting was given by publication in The Sentinel, the appointed method for giving advanced notice.  All proceedings shown were taken while the meeting was open to the attendance of the public.

The Mayor, Roger Horner, presided and City Clerk, Debbie Gilmer, recorded the proceedings.  The following Councilmembers were present:  Dan Fricke, Dustin Weber and Harlan Schrock.  Gary Tuttle was absent.  A quorum being present and the meeting duly convened, the following proceedings were had and done.

Mayor Horner announced that the public hearing was now open at 6:01 p.m. to hear comments from the public relating to the application for Class C Liquor License for Jean A. Squires, dba JD’s Otter Lounge.

Mayor Horner announced that the public hearing was also now open at 6:01 p.m. to hear comments from the public relating to the application for Class C Liquor License for Larry and Patricia Steckly, dba Pat’s Bar.

Discussion was had regarding proposed Resolution #06-04 relating to the sale of property at 3^rd Street and Spring Street. 

RESOLUTION NO. 06-04

A RESOLUTION TO PROVIDE FOR THE SALE OF THE FOLLOWING DESCRIBED REAL ESTATE, TO-WIT:

-Lot 3, B.G. Page’s First Addition, Friend, Saline County, Nebraska.

-Lots 38 and 39, R.S. Bentley’s Addition, Friend, Saline County, Nebraska.

SUBJECT TO THE PROVISIONS AND CONDITIONS HEREINAFTER SET FORTH; AND TO PROVIDE FOR THE TERMS OF SUCH SALE;

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF FRIEND, NEBRASKA:

Section 1.  DESCRIPTION; CONSIDERATION FOR SALE; TO WHOM SOLD; CONDITIONS: The following described real estate owned by the City of Friend, Saline County, Nebraska, to-wit:

-Lot 3, B.G. Page’s First Addition, Friend, Saline County, Nebraska.

-Lots 38 and 39, R.S. Bentley’s Addition, Friend, Saline County, Nebraska.

shall be sold to the highest bidder for cash by sealed bids submitted by May 19,2006 at the Friend City Hall, Friend, Nebraska. 

              Section 2. MANNER OF CONVEYANCE; TITLE CONVEYED; NO WARRANTIES: Conveyance of said real estate to the Purchaser thereof shall be by Quitclaim Deed executed on behalf of the City of Friend, Nebraska, a municipal corporation, by the Mayor of the City of Friend and attested to by the City Clerk-Treasurer of the City of Friend, Nebraska.   This real estate is sold as-is, where-is.  No representations or warranties as to the sufficiency of title, or of the potential uses or restrictions of use of this real estate, are made by the City of Friend.  Cost of examination of title shall be at the sole expense of the prospective buyer of this real estate.

Section 3. NOTICE OF SALE AND PUBLICATION: Notice of sale of said real estate and the terms thereof as provided in this Resolution shall be published three (3) consecutive weeks in the Friend Sentinel, a legal newspaper published in and of general circulation in said City immediately after the passage and publication of this Resolution.

           Section 4. REMONSTRANCE AGAINST SUCH SALE: If remonstrance against such sale as herein provided signed by the legal electors of the City of Friend, Nebraska, equal in number to 30% of the electors of the City of Friend, Nebraska, voting at the last regular municipal election held in said City be filed within the publication of this Resolution, said property shall not then nor within one year thereafter be sold.

         Section 5.  SALE SUBJECT TO COUNCIL APPROVAL: The sale of this real estate is subject to confirmation by the passage of an ordinance by the City Council of the City of Friend.  The City of Friend reserves the right to reject any and all bids received for this real estate.      

Motion was made by Councilman Weber, seconded by Councilman Schrock to adopt Resolution #06-04 relating to the sale of Lot 3, B.G. Pages’ First Addition, Friend, Saline County, Nebraska and Lots 38 and 39, R.S. Bentley’s Addition, Friend, Saline County, Nebraska.  On roll call voting aye, Fricke, Weber, Schrock.  Nays none.  Tuttle absent.  Resolution #06-04 was passed and adopted April 25, 2006.

Mayor Horner announced that if there were no objections or recommendations to be heard regarding the application for Class C Liquor License for Jean A. Squires, dba JD’s Otter Lounge or the application for Class C Liquor License for Larry and Patricia Steckly, dba Pat’s Bar, the public hearing could now be closed.  Motion to close the public hearing was made by Councilman Fricke, seconded by Councilman Schrock.  On roll call voting aye, Weber, Schrock, Fricke.  Nays none.  Tuttle absent.  Public hearing closed at 6:15 p.m.

Motion to recommend the issuance of Class C Liquor License to Jean A. Squires, dba JD’s Otter Lounge, located at 123 Maple Street, Friend, Nebraska was made by Councilman Weber, seconded by Councilman Fricke.  On roll call voting aye, Schrock, Fricke, Weber.  Nays none.  Tuttle absent.  Motion carried.

Motion to recommend the issuance of Class C Liquor License to Larry and Patricia Steckly, dba Pat’s Bar, located at 113-117 Maple Street, Friend, Nebraska was made by Councilman Schrock, seconded by Councilman Weber.  On roll call voting aye, Fricke, Weber, Schrock.  Nays none.  Tuttle absent.  Motion carried.

A claim for interest and delinquent taxes for the former bowling alley property was submitted to the Council for their approval.  The claim consisted of $2,126.75 for 2003-2004 and $672.47 for 2005, for a total claim of $2,799.22.  Motion to approve payment of this claim was made by Councilman Schrock, seconded by Councilman Fricke.  On roll call voting aye, Weber, Schrock, Fricke.  Nays none.  Tuttle absent.  Motion carried.

With no further business to come before the Council, motion to adjourn the meeting was made by Weber, seconded by Schrock.  On roll call voting aye, Weber, Fricke, Schrock.   Nays none.  Tuttle absent.  Meeting adjourned at 6:30 p.m.