PROBATE CASE NO. ESPR043965

THE IOWA DISTRICT COURT FOR LINN COUNTY

NOTICE OF PROBATE OF WILL, OF

APPOINTMENT OF EXECUTORS,

AND NOTICE TO CREDITORS

IN THE MATTER OF

THE ESTATE OF

TERRENCE D. LESSMEIER, Deceased.

To All Persons Interested in the Estate of Terrence D. Lessmeier, Deceased, who died on or about March 18, 2021:

You are hereby notified that on April 13, 2021, the Last Will and Testament of Terrence D. Lessmeier, deceased, bearing date of June 12, 2014 , was admitted to probate in the above named court and that Margaret A. Willems and Michael J. Lessmeier have been appointed Executors of the estate. Any action to set aside the will must be brought in the district court of said county within the later to occur of four months from the date of the second publication of this notice or one month from the date of mailing of this notice to all heirs of the decedent and devisees under the will whose identities are reasonably ascertainable, or thereafter be forever barred.

Notice is further given that all persons indebted to the estate are requested to make immediate payment to the undersigned, and creditors having claims against the estate shall file them with the clerk of the above named district court, as provided by law, duly authenticated, for allowance, and unless so filed by the later to occur of four months from the date of the second publication of this notice or one month from the date of mailing of this notice (unless otherwise allowed or paid) a claim is thereafter forever barred.

Dated May 28, 2021.

__________________________________

Margaret A. Willems and

Michael J. Lessmeier, Executors of Estate

321 Third St. SW

Mount Vernon, IA 52314

Guy P Booth, ICIS#: AT0001014

Attorney for Executors

425 2nd St SE, Suite 1010

Cedar Rapids, IA 52401

Date of first publication: June 10, 2021

Published in the Sun, June 17, 2021

N0TICE OF PUBLIC HEARING

ON THE STATUS OF FUNDED ACTIVITIES FOR THE CITY OF LISBON

Pursuant to the requirements of Section 508 of the Housing and Community Development Act of 1987, as amended, the Lisbon City Council will hold a public hearing on Monday, June 28th, 2021 at 7:00 pm at the Lisbon City Hall at 115 N Washington, Lisbon. The purpose of the hearing will be to discuss the status of funding for the City of Lisbon’s Housing Rehabilitation Program. The project is being funded in part through a Community Development Block Grant provided by the Iowa Economic Development Authority and the City of Lisbon. If you have questions concerning the project or if you require special accommodations to attend the hearing such as handicapped accessibility or translation services, you may contact Brandon Siggins at 319-455-2470 or Mark Culver at 319-289-0061. Persons interested in the status of funding or the progress of the project are welcome to attend this meeting.

Published in the Sun, June 17, 2021

ORDINANCE #5-3-2021A

AN ORDNANCE ADOPTNG CHAPTER 78, GOLF CARTS AND UTV REGULATIONS OF THE CITY OF MT. VERNON MUNICIPAL CODE

BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF MT. VERNON, IOWA:

SECTION 1. ADOPTION. The Mt. Vernon Municipal Code is hereby amended to include the language set forth in Exhibit "A," attached hereto and made a part thereof.

SECTION 2. SAVINGS CLAUSE. If any section, provision, sentence, clause, phrase or part of this Ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any provision, section, subsection, sentence, clause, phrase or part hereof not adjudged invalid or unconstitutional.

SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law.

Jamie Hampton,Mayor

ATTEST:

Sue Ripke — City Clerk

I certify that the foregoing was published as Ordinance #5-3-2021A on the 7th day of June

Sue Ripke, City Clerk

CHAPTER 78

GOLF CARTS AND UTV's

78.01 Purpose

78.02 Definitions

78.03 Operation of Golf Carts and UTVs Permitted

78.04 Prohibited Streets

78.05 Equipment

78.06 Permits

78.07 Operation

78.08 Locations

78.09 Accident Reports

78.10 Violation and Penalty

78.01 PURPOSE.

The purpose ofülis chapter is to pennit the operation of GolfCarts and UTVs on certain streets in the City, as authorized by Section 321.247 of the Code of Iowa, as amended. This chapter applies whenever a Golf Cart or UTV is operated on any sfreet or alley, subject to those exceptions stated herein.

78.02 DEFINIT10NS.

1. "Golf Cart" means a four wheeled recreational vehicle generally used for the &ansportation of person(s) in the sport of golf, that is limited in engine displacement to less than 800 cubic centimeters (or the elecüic equivalent) and total dry weight of less than 800 pounds. Note that a vehicle with the appearance of a "Golf Cart" but satisfring the requirements of 49 CFR 571.500 (ie., is "low speed vehicle") is not subject to this chapter but rather to the Code of Iowa 321.381A.

2. "UTV" means a motorized vehicle, with not less than four and not more than eight nonhighway tires or rubberized tracks, that is limited in engine displacement to less than I ,500 cubic centimeters and in total dry weight to no more than 2,000 pounds and that has a seat that is of bucket or bench design, not intended to be straddled by the operator, and a steering wheel or confrol levers for confrol,

78.03 OPERATION OF GOLF CARTS AND

Golf Carts and UTVs may be operated upon the s&eets of the City by persons possessing a valid Iowa operator's license, and at least eighteen (18) years of age, except as prohibited in Section 78.06 of this chapter.

(Code of Iowa, Sec 321.247)

78.04 PROHIBITED STREETS.

Golf Carts and UTVs shall not be operated upon any City s&eet which is a primary road extension through the City. However, Golf Carts and UTVs may cross such a primary road extension. Business 30, and US Hwy 1 (1 st Avenue) are hereby designated as primary road extensions in the City.

(Code oflowa, Sec 321.247)

78.05 EOUIPMENT.

Golf Carts and UTVs operated upon City streets shall be equipped with at least the following:

(Code of Iowa, Sec. 321.247)

1. A slow moving vehicle sign;

2. A bicycle safety flag, the top of which shall be a minimum of five (5) feet from ground level;

3. Golf Carts and UTVs operated on City streets shall be equipped with adequate brakes;

4. Golf Carts and UTVs shall be equipped with brake lights.

5. Golf Carts and UTV's shall be equipped with a rearview mirror or side mirrors mounted on each side of the vehicle.

78.06 PERMITS.

No person shall operate a Golf Cart or UTV on any public street, or alley for any purpose unless the operator possesses a City of Mount Vemon permit to operate a golf cart or UTV on City streets, issued by the Chief of Police.

l. Golf Cart and UTV owners may apply for a yearly permit from the Mount Vemon-Lisbon Police Departnent.

2. The Chief of Police shall not issue a permit the owner/operator has provided the following and verified by the Police Department:

a. Evidence that the operator is at least 18 years of age, and possesses a valid Iowa driver's license; and,

b. Proof owner operator has liability insurance covering operation of golf carts and UTVs on City sfreets.

3. The operator of a Golf Cart or UTV shall display the City approved permit sticker prominently on a rear fender or similar component.

4. All permits issued shall uniquely identify the name and address of the owner/operator.

5. The fee for such permits shall be twenty-five dollars ($25.00) per year.

6. Permits are valid for the calendar year purchased. All pennits expire on December 31 st of the year issued.

78.07 OPERATION.

l. Traffic Code. Any person operating a Golf Cart or UTV for which a City of Mount Vemon permit has been issued, shall sfrictly adhere to all tramc signs and signals and all other &amc rules and regulations and shall obey the orders and direction of any law enforcement officer authorized to direct or regulate &affc.

2. Speed. No Golf Cart or UTV shall be operated at a speed in excess of the lesser of twentyfive (25) miles per hour or that posted, nor shall any Golf Cart or UTV be operated at a speed greater than is reasonable and proper for the existing conditions.

3. Unattended Golf Carts and UTVs and Parking. No person shall leave a Golf Cart or UTV unattended on public property while the motor is running or the keys are in the switch. Owner/Operators shall comply with all parking regulations in the City.

4. Hours of Operation. No Golf Cart or UTV shall be operated between the sunset and sunrise. UN's equipped for snow removal, may be utilized outside of this time when actively conducting snow removal operations. (Code of Iowa, Sec. 321.247)

5. Person's operating a Golf Cart or UTV shall ensure all passengers are seated in areas designed to carry passengers. Each person riding must be in their own seat. No more than three (3) people may ride on a bench seat. If seatbelts are available, they must be used by all occupants. No person may ride upon the lap of another.

78.08 LOCATIONS.

1. City S&eets. Persons holding valid City of Mount Vernon permits may operate Golf Carts and UTVs upon sfreets under the jurisdiction and within the corporate limits of the City of Mount Vernon, with the exceptions listed in Section 78.04.

2. Trails. Golf Carts and UTVs shall not be operated on any recreational, bike or walking ü•ail unless the frail is specifically designated to allow use of motor vehicles (unless required in compliance with the Americans with Disabilities Act).

3. Sidewalks. Golf Carts and UTVs shall not be operated upon sidewalks.

4. Parking. Golf Carts and UTVs shall not be operated upon that portion of a street right-ofway between the curb or edge ofs&eet paving and the sidewalk referred to as the "parking".

5. City Parks and Other Land Owned by the City of Mount Vernon. Golf Carts and UTVs shall not be operated in City parks or upon other City owned land unless for a special event authorized by City Council resolution and the operator possess a valid Mount Vemon permit.

6. Private Property. Golf Carts and UTVs may only be operated on private property with the express consent of the owner.

7. Special Events. All rules listed in above ordinance apply with excepdon to allow use at night provided they are equipped with headlights and brake lights. Special event use requires City Council approval by resolution.

78.09 ACCIDENT REPORTS

Either the operator, or someone for the operator, shall immediately notify a law enforcement offcer whenever a Golf Cart or UTV is involved in an accident resulting in injury or death to anyone, or property damage amounting to one thousand five hundred dollars ($ 1 ,500) or more, and shall file an accident report within forty-eight (48) hours, in accordance with State law.

78.10 VIOLATION AND PENALTY.

1. Any person guilty of violating the provisions herein shall be guilty of a misdemeanor and shall be subject to a fine of one-hundred dollars ($100.00) and revocation of the City of Mount Vernon pennit for a period of two (2) months.

2. Any person guilty of violating this chapter two (2) times in a twelve (12) month period shall be subject to a fine of two-hundred dollars ($200.00) and revocation of the City of Mount Vernon permit for a period of two (2) years.

3. Any person guilty of violafrlg this chapter three (3) times shall be subject to a fine of threehundred dollars ($300.00) and permanent revocation of the City of Mount Vernon permit.

4. Persons violating this chapter may also be prosecuted, and subject to the penalties set out in, Section 3211.36 of the Code of Iowa. (Ch. 78 - Ord. 10-2014 - Jul. 15 supp.)

78.11 EXEMPTIONS.

l. Golf carts and UTVs owned and operated by any govemmental entity or school disfrict are exempt from these restrictions when used in the performance of their duties.

2. City Council may adopt by to allow Golf Carts or UTV's with City of Lisbon pemits to be operated within the City of Mount Vemon. Residents living outside the City limits of Mount Vemon would be required to obtain a City permit to operate Golf Cart or UTV' s within the City.

Published in the Sun, June 17, 2021

 

Recommended for you