Columbus,Nebraska
March 18, 2003
Tuesday,A.M.
Pursuant to adjournment the Platte Co Bd Equalization met in
session beginning at 9:00 in the
morning. Honorable Ronald Pfeifer,Chairman,Diane C Pinger,Co Clk. Roll call and
the following members present: Supervisors Martens,
Friedrichsen,Lloyd,Woerth,Franzen,Tooley and Chairman
Pfeifer.The Aff Publ from the Col Tele and Humph Demo for notice of public
meeting were presented.Moved and seconded approve the mtr veh exemptions as
recommended by the Co Treas.Motion carried.Moved and seconded approve tax
corrections #13141 thru #13143 for real estate and personal property as
recommended by the Co Assessor.Motion carried. The permissive exemptions are on
file in the Co Assessors Office as of this date. The Chairman declared the
meeting adjourned until 4-15-03
at 9:00a.m. Attest:
Diane C Pinger,Clk of the Co Bd,Ronald Pfeifer,Chairman.
Columbus,Nebraska
March 18, 2003
Tuesday,A.M.
Pursuant to adjournment the Platte Co Bd Supervisors met in
session beginning at 9:10a.m.
Honorable Ronald Pfeifer, Chairman,Diane C Pinger,Co Clk. Roll call and the
following members present: Supervisors Martens,Friedrichsen,
Lloyd,Woerth,Franzen,Tooley and Chairman Pfeifer. Moved and
seconded to direct Mr. Hofbauer to proceed with the anti virus program in the
Courthouse and to include computers that were not accounted for. Motion
carried. Moved and seconded approve the minutes of 3-4-03.Motion carried.Moved
and seconded authorize the Clk of Dist Crt to purchase a new computer and
printer for the Dist Judge in the amt of $1878.00 to be taken out of the
capital acct. Motion carried.Moved and seconded file the Co Treas receipts
representing credit to the respective funds: First Natl Bank, automatic deposit
for sher dept,gen fd,$983.88-Soc Sec Adm,reward money for reporting
incarcerations,gen fd,
$200.00-St Nebr,inmate
reimbursement,gen fd,$21280.00-Saunders Co,budget share,dist probation
fd,$1443.04. Motion carried.Moved and seconded file the Veterans Aid Exp report
for February 2003.Motion carried.Moved and seconded to approve the monthly fee
reports.Motion carried.Moved and seconded approve one million dollars of jail
expenses to come out of the Inh Tax Fund.Motion carried.Moved and seconded
adopt Res No. 03-13 Approving Substitution of Securities for Columbus Bank
& Trust. Motion carried.Moved and seconded file the St Nebr DEQ Appl for
permit to construct and operate a livestock waste control facility for the
following: Beller Corporation Livestock Operation.Motion carried.Moved and
seconded to file the St Nebr Dept of Roads copy of the final environmental
assessment and finding of no significant impact regarding the Columbus North
Arterial Roadway Project.Motion carried.Moved and seconded to approve the
following township bonds: John Klassen,Gary Jarecki and John Reichmuth for St.
Bernard township.Motion carried.Moved and seconded to file NENEDD meeting
minutes for 2-26-03.Motion carried.The following resolution was presented:
RESOLUTION NO. 03-14 WHEREAS,all counties of the State of Nebraska
are authorized and empowered, pursuant to Section 23-383,et.
Seq.,Neb.Rev.Stat.,to regulate on a non-exclusive basis, through action by the
respective county board of each respective county, the construction,
installation, operation and maintenance of community antenna television
(“CATV”) service within their respective county limits and outside the limits
of any incorporated city or village, and further to promulgate rules and
regulations for such purpose; and WHEREAS, by Resolution No. 607, dated
November 1,1988,the Board of Supervisors of Platte County,Nebraska ,did require
that a non-exclusive permit from the County of Platte,Nebraska,shall be
required for the construction, installation ,operating and maintenance of a
CATV service within the limits of Platte County and outside the limits of any
incorporated city or village within Platte County, and that any such permit
holder shall be subject to any rules and regulations concerning the
construction, installation, operation and maintenance of such CATV service, as
may be promulgated by the County of Platte, Nebraska, through action of this
Board of Supervisors. WHEREAS, BY Resolution No. 609, dated November 15, 1988,
the Board of Supervisors of Platte County, Nebraska, did grant a non-exclusive
permit (the “Permit”) to Sky Scan Cable Company (“Sky Scan”) for the
construction, installation, operation and maintenance of a CATV service within
the limits of Platte County and outside the limits of any incorporated city or
village within Platte County, subject to any current rules and regulations
concerning the construction, installation, operation and maintenance of such
CATV service, or as may be promulgated by the County of Platte, Nebraska,
through action of the Board of Supervisors; and WHEREAS, USA Companies, LLC
d/b/a Cable Nebraska (“USA”) is entering into an agreement to purchase the CATV
Service owned by Sky Scan (the “Purchase”, and has made application for the
transfer and extension of the Permit Contingent upon the closing of the
Purchase, and the Board of Supervisors has held a review and public hearing as
required by Resolution 610, dated November 15, 1988. BE IT RESOLVED BY THE
BOARD OF SUPERVISORS OF PLATTE COUNTY, NEBRASKA, that the transfer of the
permit to USA is approved contingent upon the closing of the purchase and that
upon the closing of the purchase, the permit shall be considered as extended
for a period of 5 years until November 15, 2008; provided, however,(i) at that
time, the renewal procedure provided for in Resolution No. 610 shall be conducted,
and (ii) if the Board of Supervisors determines that the performance of USA is
satisfactory, then (iii) the Permit shall be extended for an additional 10
years. Dated: March 18,2003.
ATTEST:/s/ Diane C Pinger,County Clerk
/s/Ronald Pfeifer, Chairman ,Board of Supervisors of Platte County,Nebraska.
Moved and seconded adopt Res No. 03-14 to transfer and extend the current Sky
Scan Company cable permit to USA Companies, L.L.C. dba Cable Nebraska. Motion
carried.
Rosie Heinish, Center for Survivors discussed setting up a
display highlighting sexual assault awareness month with the Co Bd.Moved and
seconded allow the Center for Survivors to use the Courthouse steps to set up a
display high-
Lighting sexual assault awareness month on 4-25-03, with a rain date of 4-28-03, from 12:00-6:00p.m. Motion carried.
Moved and seconded approve the satellite system for the new
jail in the amt of $7200.00 from Horizons Unlimited. Motion carried .Allan
Vyhnalek,Ext Educator requested the Co Boards support for the Internship
Program through the Univ Nebr. Moved and seconded approve the request from the
Ext Agent for an individual to occupy space in the ext office for 90 days,
subject to approval by the Ext Board. Motion carried. Bids for the County
Audit for the next three fiscal
years were opened and read. Moved and seconded to accept the quote from Hayes
and Associates to do the county audit for 2003, 2004 and 2005. Motion
carried.Moved and seconded authorize the Hwy Supt to spend $3500.00 on the
lowboy trlr, if it meets his needs from the federal surplus property. Motion
carried.Moved and seconded authorize the Chairman sign the permanent easement
between Kevin D and Rosann M Lewandowski and Platte
County. Motion carried.Moved and
seconded remove from the table the adoption of Res No. 03-12.Motion carried.
Moved and seconded not to adopt Res No. 03-12. Motion carried.Moved and
seconded the Co Bd would like to go on record that Platte
County is livestock friendly.
Motion carried.Committee Reports: Supervisor Franzen attended the Ag Valuation
Bd meeting in which the state is changing standards for greenbelt issues. He
will also be attending the NIRMA meeting on 3-21-03. Supervisor Friedrichsen will be attending the
Juvenile meeting on 3-28-03.
Supervisor Woerth will be attending a meeting with the builder and architect at
1:00p.m. on several remodeling
issues. Moved and seconded that the following claims be approved as presented
and the Co Clk be ordered to issue warrants of the same on the respective
funds.Motion carried. GENERAL FUND Warr Nos303294-303424&
03034294-03034418,Incl Total Net Payroll 89547.06;Dave Abegglen,Mile,76.68;Ace
Hdwe,Radio Eq/Law Enf Supp,243.60;Adams Co Sher,Dist Crt Csts,5.50;AFLAC
Ins,AFLAC(Warr#03034297)675.94;Alltel,Off Supp,40.69;Alvine&Assoc,Misc,3172.11;Ameritas
Life Ins,Co Retire(Warr#03034300)45468.05;Ameritas Life Ins,Co Retire
Match,6741.45;ARL Credit Serv,Garnish
(Warr#03034301)120.60;Auto Glass Center,Oth Eq Rep
Auto,220.93;B&B Used Appl, Oth Eq,175.00;Behlen Towing,Grease Oil/Oth Eq
Rep Auto,132.35;Andrea Belgau,Mile,54.00;Robert Bierbower,Mtl Hlth Bd
Csts,378.00;
Big Red Print,Off Supp/Post/Stat Env,1836.76;BCBS,Hlth Ins
Match,57820.29;Boys Town USA,Juv
Care Csts,
115.00;Brights Cleaning,Handiman,2171.00;Butler Co Sher,Bd
Cont,5100.00;Katherine Byrnes,Pr Serv,25.00;Carlson West,Bldg
Rep,4085.73;CellularOne,Misc,47.60;CellularOne,Misc,81.42;Chem Free Pest,Pest
Control,95.00;Harold Christensen,Pr Serv,25.00;City Col,Misc,41.87;Clk Dist
Crt,Dist Crt Cts,2124.00;Colfax Co Crt,Crt Csts,10.25;Col Area United Way,UW
Cont(Warr#03034321)30.00;Col Comm Hosp,Law Enf Csts,103.50;Col Plumb,Bldg
Rep,7.50;
Col Sertoma Club, Law Enf Csts,175.00;Col Tele,Print
Publ/Subs,1202.06;Col Tire,Tire Rep,200.06;Col United Fed CU,CU
Cont(Warr303034327)3315.00;Comm Internet,Subs,3.00;Connecting Point, Data
Proc/Software/Radio Eq,
73.99;Cornhusker Off Supp,Off Supp/Spelling Bee
Supp,263.07;Cornhusker St Ind,Consulting Fees,240.00;Corporate Div Serv,125
Flex(Warr#03034332)75.98;DAS Imservices,Tele Serv,465.76;Allen Davis, Co Crt
Csts,20.00;Susanne Dempsey,Post/Off Supp/Crt Appt Coun,269.11;Eakes,Off Eq
Rep/Off Supp/Furn,5959.19;Eller Heating,Bldg Rep,
50.00;Helen Engelmann,Pr Serv,3.00;James
Fairchild,Misc,25.00;John Flaherty,Mtl Hlth Bd,815.80;Jan Fremarek,
Jury Csts,35.00;Gateway,Data Proc/Software,8152.00;Gehring
Const,Snow Removal,35.00;Gocs,Misc,27.70;Grant& Grant,Crt Appt
Coun,297.50;Dora Gutierrez,Misc,30.00;Hall Co Sher,Dist Crt Csts,24.68;Hartford
Life Ins,Ann
(Warr#03034348)510.00;Hendricks Co Clk,Garnish(Warr#03034349)280.00;Hometown
Leasing,Off Eq,45.01;
Humph Demo,Print Publ/Off Supp/Adv Tax,875.15;Jacks
Uniforms,Law Enf Supp,35.00;JJE Inc,Off Supp,70.00;
Joe& Als,Food& Bev,801.02;Fay Keller, Co Crt
Csts,20.00;Kurtenbach Law Office,Mtl Hlth Bd,60.00;Lancaster Co Sher,Dist Crt
Csts,46.50;Glenn Langhorst Jury Csts,55.88;LaRue Dist,Food Bev,113.54;Lehman
Report Serv, Crt Csts,258.35;Levander Funeral Home,Aut Csts,245.00;Lindsay
Oil,Fuel,78.55;Loup PPD,Lights,6893.60;Madison Co Sher,Dist Crt Csts,21.63;Madison
Co Sher,Bd Cont,28400.00;Tom Martens,Meal/Reg/Mile,170.04;Menards,Bldg
Rep,49.46;Josephine Merrill,Pr Serv,25.00;Michael Micek,Juror Fees,50.48;Martin
Miller, Jury Csts,35.00;Ilene Milner,Juv Care Csts,75.00;MIPS,Data Proc
Software/Tele Serv,542.24;Elaine Mossman,Micro Photo,50.00;Mr Wize Buys
Carpets,Bldg Remodel,82.10;NCSPC,Garnish(Warr#03034375)156.50;NE Assoc Co
Clks,ROD,Elect Comm,
Dues,90.00;Nebr
Dept Rev,St Income Tax(Warr#03034377)3371.91;NLETC,Reg,420.00;Novickie
Fire,Bldg Rep,
146.50;Obert Locksmith,Bldg Rep,56.00;Office Systems,Off Eq
Rep,90.00;OfficeNet,Off Eq/Off Supp/Off Eq Rep,
680.14;Okeefe Elev,Elev Rep,185.14;OMB Police
Supp,Autos,1099.90;Dave Oppliger,Mile/Meals,56.80;Karen Overturf,Juror
Fees,40.04;The Parts Bin,Oth Eq Rep Auto,53.94;Pegler Sysco,Food
Bev,2224.43;Platte Co Atty,Post,
61.88;Platte Co Nebr,125 Flex(Warr#03034390)875.83;Platte Co
Sher,Meals/Post,170.11;Platte Co Sher,Law Enf Csts,535.00;Platte Co
Treas,Post/Off Supp,670.93;Platte Co Treas,Fed Income
Tax(Warr#03034394)9720.63;OASI&
Co Treas,Soc Sec(Warr#03034395)9246.33;OASI& Co
Treas,Soc Sec Match,9246.33;Polk Co Sher,Dist Crt Csts,
15.50;Reardon Lawn,Oth Eq,549.99;Mary Jayne Rickert,Pr
Serv,6.00;Rinder Print, Law Enf Csts,67.31;Roberts Dairy, Food Bev,593.56;Sapp
Bros,Fuel,1024.30;Sarpy Co Sher,Dist Crt Csts,24.75;Kelli Scheffler,Mtl
Hlth/Dist Crt Csts,945.50;Robert Schmidt,Pr Serv,13.00;Security Fin Life
Ins,Life Ins(Warr#03034405)132.95;Christine Steinke,
Mtl Hlth Bd Csts,300.00;T-Bone Tk Stop,Fuel,20.77;Telebeep
Wireless,Misc/Cell Phone,400.44;Trophy Works,Misc,
117.57;Trowbridge Mtr, Oth Eq Rep/Auto,128.68;Tyler Martin
Co,Off Supp,163.95;US Post Office,Post,370.00;
Ultra Graphics,Off Supp,187.63;Marlene Vetick, Mtl Hlth Bd
Csts/Off Supp,457.66;Viking Off Prod,Off Supp,
132.61;Wells Fargo,Furn,1142.85;Zee Med Serv,Med
Hosp,33.80;Ziegler Oil, Tire Rep,5.00. 287550.49;Prev amt allowed during
current budget year,5667856.66;Total amt allowed to date $5955407.15. ROAD-BRIDGE FUND
Warr Nos 303425-303461& 03034419-03034461,Incl Total Net
Payroll 23827.61;Ace Hdwe,Shop Supp,33.55;
AFLAC Ins,AFLAC(Warr#03034420)235.25;Arlan
Ahlers,Misc,31.25;Ameritas Life Ins,Co Retire(Warr#03034422)
1431.13;Ameritas Life Ins,Co Retire Match,2146.67;ARL Credit
Serv,Garnish(Warr#03034423)85.22;BCBS,Hlth Ins Match,16510.50;Central Pts,Eq
Pts,147.52;Central Sand,Gravel,171.09;Col Tele,Adv for Bids,50.94;Col Tire,
Tires,
252.58;Col
United Fed CU,CU Cont(Warr#03034429)1852.00;Cornhusker Off Supp,Off
Supp,65.98;Cornhusker
PPD,Elect,126.73;Craft
Village,Tech Supp,6.99;Credit Mgmt
Serv,Garnish(Warr#03034433)71.32;Cross Dillon Tire,
Tires,747.06;Deery American Corp,Asphalt,10125.00;DIT,Data
Proc Eq,888.00;Garretson Eq,Eq Pts,29.11;Hartford Life
Ins,Ann(Warr#03034438)100.00;HiLo Eq,Eq Pts,1315.00;Inland Tk Pts,Eq Pts,222.71;Island
Supp,Shop Supp,
246.97;KC Auto Supp,Eq Pts,465.88;Kirkham
Michael,Eng,1667.04;Loup PPD,Elect,225.48;Loup PPD,Elect,69.11;
Midwest
Serv,Signs/Culverts,11072.70;Murphy Tractor,Eq Pts,437.00;Nebr
Dept Rev,St Income Tax(Warr#
03034448)969.54;Platte Co Nebr,125
Flex(Warr#03034449)160.00;Platte Co Treas,Fed Income Tax(Warr#03034450)
2953.32;OASI& Co Treas,Soc
Sec(Warr#03034451)2635.47;OASI& Co Treas,Soc Sec Match,2635.47;Reardon
Lawn,Eq Pts,157.84;SA Foster Lumber,Tech,60.00;Safety Kleen,Shop Supp,72.25;Sapp
Bros,Fuel,56.24;SB Fuels,
Fuel/Htg Fuel,5932.33;Security Fin Life Ins,Life
Ins(Warr#03034457)58.02;Superior Signals,Eq Pts,425.25;Tractor Supp,Shop
Supp,27.94;Wicks Sterling Tks, Eq Pts,98.92;Zee
Med,Med,43.50. 90943.48;Prev amt allowed during current budget
year,2114506.77;Total amt allowed to date $2205450.25. PCNW FUND Warr
Nos 303466-303467&
03034511-03034517,Incl Total Net Payroll 1031.78;Ameritas
Life Ins,Co Retire(Warr#03034511)53.18;Ameritas Life Ins,Co Retire
Match,79.76;BCBS,Hlth Ins Match,774.10;Cornhusker PPD,Lights,45.56;Dave
Gilsdorf,Shop Supp,
7.17;Nebr Dept Rev, St Income
Tax(Warr#03034515)6.32;OASI& Co Treas,Soc Sec(Warr#03034516)90.39;OASI&
Co Treas,Soc Sec Match,90.39;SB Fuels,Htg Fuel,228.00. 2406.65;Prev amt allowed
during current budget year,
45303.65;Total amt allowed to date $47710.30. REGION 10 CD FUND Warr Nos 303463&
03034465-03034472,
Incl Total Net Payroll 862.26;Alltel,Tele
Serv,38.28;Ameritas Life Ins,Co Retire(Warr#03034466)56.25;Ameritas Life Ins,Co
Retire Match,84.38;BCBS,Hlth Ins Match,383.01;Central City Republican
Paper,Subs,26.50;Nebr Dept Rev,St Income Tax(Warr#03034469)50.65;Platte Co
Treas,Fed Income Tax(Warr#03034470)185.21;OASI& Co Treas,Soc
Sec(Warr#03034471)95.63;OASI& Co Treas,Soc Sec Match,95.63;T-Bone Tk
Stop,Gas,67.21. 1945.01;Prev amt allowed during current budget
year,31957.11;Total amt allowed to date $33902.12. COUNTY RELIEF FUND Warr
Nos 303464&03034473-03034487,Incl Total Net Payroll 404.21;AFLAC
Ins,AFLAC(Warr#03034473)9.40;Ameritas Life Ins,Co Retire(Warr#03034474)21.15;Ameritas
Life Ins,Co Retire Match,31.73;BCBS,Hlth Ins Match,707.75;
Bryan LHG Med,Adm Exp,5952.67;Col Comm Hosp,Adm
Exp,68.11;Col Orthopedic Clinic,Adm Exp,132.04;David City Discount Pharm,Adm
Exp,26.89;HyVee Pharm,Adm Exp,23.59;Inpatient Physician Assoc,Adm Exp,507.86;DW
Kappenman,Adm Exp,303.00;Louderback Drug,Adm Exp,29.40;Jean McKathnie,Adm
Exp,100.00;Norfolk Anesthesia Serv,Adm Exp,82.72;Physicians Clinic,Adm
Exp,69.87;OASI& Co Treas,Soc Sec(Warr#03034487)35.24;
OASI& Co Treas,Soc Sec Match,35.24. 8540.87;Prev amt
allowed during current budget year,37618.86;Total amt allowed to date
$46159.73. VICTIMS ASSISTANCE FUND Warr Nos
303465&03034491-03034495,Incl Total Net Payroll 975.70;Ameritas Life Ins,Co
Retire(Warr#03034491)58.14;Ameritas Life Ins,Co Retire Match,87.21;Kathy
Bamesberger,Mile,98.28;Nebr Dept Rev,St Income Tax(Warr#03034493)39.56;Platte
Co Treas,Fed Income Tax (Warr#03034494)119.77;OASI& Co Treas,Soc
Sec(Warr#03034495)98.83;OASI& Co Treas,Soc Sec Match,98.83.
1576.32;Prev amt allowed during current budget
year,25813.98;Total amt allowed to date $27390.30. COMPREHENSIVE JUVENILE
SERVICE FUND Warr Nos 303462&03034462-03034464,Incl Total Net Payroll
410.36;Nebr Dept Rev,St Income
Tax(Warr#03034462)7.67;Platte Co Treas,Fed Income Tax(Warr#03034463)20.63;
OASI& Co Treas,Soc Sec(Warr#03034464)36.34;OASI& Co
Treas,Soc Sec Match,36.34. 511.34;Prev amt allowed during current budget
year,2913.69;Total amt allowed to date $3425.03. STATE INSTITUTIONS FUND Warr
Nos 03034488-03034489,Incl Reg IV Mtl Hlth,Mtl Hlth/Alcohol,10697.50;Hlth Human
Serv,Beatrice/Lincoln/Norfolk,
1782.00. 12479.50;Prev amt allowed during current budget
year,238065.41;Total amt allowed to date $250544.91.
COUNTY LIBRARY FUND Warr Nos 03034490,Incl Platte Co Bookmobile,Misc,12023.75;Prev
amt allowed during current budget year,101190.00;Total amt allowed to date
$113213.75. LAW ENFORCEMENT EQUIPMENT FUND Warr Nos 03034496,Incl Kustom
Signals,Misc,666.00;Prev amt allowed during current budget year,6976.80;Total amt
allowed to date $7642.80. DISTRICT PROBATION FUND Warr Nos
03034497-03034508,Incl Alltel,Tele Serv,
591.21;CC Online Internet, Comp Exp,49.95;Eaks,Off Eq/Off
Supp,895.45;Hamilton Tele,Phone Serv,45.93;
OfficeNet,Off Eq Rep,14.45;OfficeNet,Off Supp/Off Eq
Rep,221.96;Performance Print,Print Publ,36.00;Qwest Corp,
Bldg Fac Rent,3335.00;Reg V Serv,Handiman,34.33;Stamp
Fulfillment Serv,Post/Stat Env/Misc,829.85;Telebeep Wireless,Spl Fees,17.11;US
Postmaster,Post,68.00. 3139.24;Prev amt allowed during current budget
year,38225.02;
Total amt allowed to date $41364.26. JAIL BOND FUND Warr
Nos 03034509-03034510,Incl BD Constr, Misc,
383504.00;Carlson West Povondra,Misc,4893.83. 388397.83;Prev
amt allowed during current budget year,
3601124.16;Total amt allowed to date $3989521.99. The
following resolution was approved at the board meeting on 2-18-03 RESOLUTION NO. 03-10 INTERLOCAL
COOPERATION AGREEMENT FOR PROSECUTION FOR THE CITY OF COLUMBUS THIS AGREEMENT
is made and entered into between the Board of Supervisors of Platte
County,Nebraska,hereinafter termed the “COUNTY”, AND THE City of
Columbus,Nebraska,hereinafter the “CITY”, pursuant to the Interlocal
Cooperation Act, Neb.Rev.Stat.§13-801 et.seq. WHEREAS, CITY requires the services of an
attorney to perform prosecution duties; and WHEREAS, COUNTY is presently
prosecuting similar offenses for the County of Platte; and WHEREAS, presently
CITY cannot justify the expense of hiring a full-time prosecutor; and WHEREAS,
COUNTY is authorized to consent to the appointment of deputies by the County
Attorney under the terms and as provided in Neb. Rev. Stat. Section 23-1204,
et.seq., (R.R.S. 1997 Supp.); and WHEREAS, CITY is desirous of entering into a
contract to provide for the prosecutorial services of its present and future
case load by the County Attorney’s office; and WHEREAS, the COUNTY and CITY by
their respective governing boards, believe that by combining their respective
resources they can provide more efficient and effective services for the
residents of the City of Columbus and Platte County. NOW THEREFORE LET IT BE
RESOLVED, in consideration of the premises and respective agreements of the
parties hereinafter set forth, it is hereby agreed as follows: 1.The Agreement
period shall be from April 1,2003, to January 4, 2007 inclusive.2. The COUNTY
will provide prosecutorial services required by the CITY through the office of
the County Attorney
for the sum of $20,000.00 per year for a period of one (1) year from the
date of this agreement to be paid in monthly installments commencing April 1, 2003, set
amount excludes contract for administration of said services. This Agreement
will continue for the designated period subject to negotiations between the
CITY and COUNTY for the following years, provided that all said negotiations
for the extended term shall be concluded at least sixty (60) days prior to the
expiration of this Agreement. 3. In the event that the parties fail to agree to
a negotiated contract price for an additional term subsequent to the initial
Agreement, the contract price will remain in effect under the terms and
conditions of the last negotiated contract price in the year preceding subject
to the following exception: I. The Agreement may be terminated at any time upon
the filing of written notice by the governing body of either party, CITY or
COUNTY, ninety (90) days prior to the effective termination date. Notice of
cancellation may be served by certified mail upon either the City Administrator
as Representative of the CITY or upon the County Attorney as representative of
the COUNTY; 4. The sum set forth above, includes the cost of operating
expenses, supplies, telephone services, office equipment repair, travel
expenses, printing and publishing and miscellaneous expense with the exception
of City letterhead and envelopes which shall be provided by the City. The said
sum shall not be increased for the annual period from April 1, 2004 to March 31, 2005. The said sum shall be increased at the
rate of $1,000.00 annually on April 1,
2005, thereafter the sum
shall be increased at the rate of $1,500.00 annually on April 1, 2006. 5. The County Attorney will
provide and be responsible for all prosecutorial functions requited by CITY,
including prosecuting City Code violations such as violations of the animal, nuisance,
misdemeanor, traffic, and abandoned vehicle ordinances, but specifically
excluding violations of the building and zoning codes. The County
Attorney shall be responsible for
hiring sufficient assistant/deputy attorneys and support staff to properly
perform said prosecutorial functions required by this Contract. The County
Attorney shall be ultimate
authority to decide whether any specific case or cases prosecuted under City
ordinances shall be prosecuted or otherwise disposed of. The County
Attorney will provide a monthly
report of prosecution activity to the City Administrator. 6. City shall submit
proposed criminal ordinances to the County
Attorney prior to their adoption by
the Mayor and City Council, and the City shall review said criminal ordinances
and shall promptly make written recommendations to the Mayor and City Council
after their submission to the County Attorney.
Furthermore, County Attorney
shall from time to time review the current City Criminal ordinances and
recommend changes, amendments, additions or deletions therefrom in a timely
manner. 7. City shall pay all court costs, witness fees, and other costs
associated with the prosecution and administration of any cases filed by the County
Attorney. City shall pay all bond
premiums and legal representation fees if the County
Attorney is sued for serving in the
official capacity as City Prosecutor. 8.
This instrument contains the entire Agreement between the parties, and no
statement, promises, or inducements made by either party of agent of either
party that is not contained in this written Contract shall be valid or binding;
and this Contract may not be enlarged, modified, or altered except in writing
signed by the parties and endorsed hereon. 9. This agreement may be voided at
any time during the agreement period by mutual consent of the parties or if
declared void by statute or other applicable law, provided however, that to the
extent the COUNTY has provided services pursuant to this agreement, the CITY
shall be obligated to pay the COUNTY an amount prorated for each month or
portion thereof that said service has been provided. 10. This Agreement shall
inure to the benefit and be binding upon to the heirs, executors,
administrators, assignees and successors of the respective parties. DATED this
18th day of March, 2003. PLATTE COUNTY
BOARD OF SUPERVISORS /s/Diane C
Pinger,County Clerk/s/Ronald Pfeifer,Chairman. The Chairman declared the
meeting adjourned the meeting until 4-1-03
at 9:00a.m. Attest:Diane C Pinger,Clk
of the Co Bd,Ronald Pfeifer,Chairman.
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