CITY OF ESMOND
ORDINANCE NO. 24
An Ordinance granting to the Otter Tail Corporation, a Minnesota Corporation, its successors and assigns, permission to erect, construct, install and maintain within the City of Warwick, an electric light and power system and transmission lines and to operate the same and to install conduits, poles, wires, pipes and other fixtures in, upon and under the streets, alleys, bridges, and public grounds of said City for the purpose of furnishing electric light, heat and power to said City and the inhabitants thereof.
BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF WARWICK, North Dakota, Hereinafter called the "City":
There is hereby granted to Otter Tail Corporation, a Minnesota Corporation, its successors and assigns, hereinafter called the Grantee, for a period of twenty (20) years from and after the passage and approval of this Ordinance and during all of said time, subject to the conditions and requirements hereinafter set forth, permission to construct, install and maintain an electric light and power system and transmission lines and to operate and maintain the same within and through the City and to transmit electricity to and from other towns or cities for the purpose of light, power and heat and to erect, construct, install and maintain conduits, poles, wires, pipes and other necessary fixtures and attachments upon and under the streets, alleys, bridges and public grounds of said City for the purpose of furnishing and selling electricity for light, heat and power and such other purposes for which electricity may be used by the inhabitants of said City, said permission and franchise to become operative and continue under the conditions hereinafter set forth.
Said Grantee shall use poles, wires, crossarms, equipment and devices to conform with the standards of construction adopted by the National Electrical Safety Code of the United States, Department of Commerce, and all apparatus connected therewith shall be located so as not to obstruct the avenues, streets, and alleys of said City or to endanger persons or property or to hinder or to obstruct the use of said avenues, streets, and alleys for public places by the inhabitants of said City, or public in general, or to interfere with any street, sidewalk, curb, gutter or park improvements that the City may deem proper to make along the lines of said avenues, streets and public places.
All conduits, poles, wires and pipes installed by virtue of this Ordinance shall be installed in such places and in such manner as not unnecessarily to encroach upon streets, alleys, bridges, or public grounds of said City, and so as not to unnecessarily obstruct the use thereof for the ordinary purpose of travel thereon, and the erection thereof shall be subject to the reasonable supervision and direction of the City Council of the said City. Whenever practicable, all poles shall be set in alleys, and poles now in position upon or along the streets, whenever practicable, shall be removed, and the locations of all of said poles shall be designated by the Mayor under the supervision of the City Council of the said City.
All poles where set in alleys shall be set at or near the boundary line thereof, and where set in streets shall be located at such distances, as shall be directed by the city, from the property line of the abutting owner, and shall be placed so as not to interfere with the construction of placing of any waterpipes, sewers, or drains or the flow of water therefrom which have been or may be placed by authority of said City. In the event that said Grantee shall make any unnecessary obstruction of said streets, alleys, public grounds or places not designated by the City Council, the City may cause the removal of such obstructions and charge and collect from such Grantee the actual cost of such removals.
During the construction, maintenance or enlargement of any part of said electric light and power system, said Grantee shall not unnecessarily impede or block travel in said streets and highways in said city, and shall leave all streets, highways, alleys, sidewalks, curbs, lanes and public places and all grounds disturbed by said construction in good condition upon the completion of said work.
The City reserves the right for itself and its agents to make and adopt, and the rights and privileges hereby granted shall at all times be and remain subject to, such reasonable regulations of a police nature as it may deem necessary for the best interests of the City but the City will not by an such regulations or by acts of its own or agents do anything to prevent or interfere with the Grantee carrying on its business in accordance with the franchise hereby granted.
Whenever the said Grantee in erecting, constructing and maintaining said lines or poles, shall take up any of the pavements, sidewalks, crossings or curbs on any of the avenues, streets and alleys or public places in said City or shall make any excavations thereon; such excavations shall be refilled and the sidewalk, crossing or curb replaced under the direction of the said City and any excavation so made shall be properly lighted at night during the construction, and in case of the failure to do so on the part of the said Grantee, then the said City may do the same at the expense of said Grantee and said Grantee agrees to pay said City for the reasonable cost or value of said work. Said Grantee shall be liable for all loss or damage caused by the negligence of Grantee, which may result to persons or property within the said City, caused by it, or its agents, servants, or employees in erecting, operating and maintaining the said electric system within said City, and shall at all times save the City harmless from any and all damages to persons or property in erecting, operating or maintaining said electric system.
There is granted to said Grantee, its successors and assigns, during the term hereof, permission and authority to trim all trees in alleys, streets and public grounds of said City so as to remove all parts of said trees interfering with the proper erection, maintenance and operation of poles, cables, wires, masts or other fixtures, or appliances installed or to be installed pursuant to authority hereby granted.
Said Grantee shall have full right and authority to assign any person, persons, firm or corporation all the rights that are given it by this Ordinance, provided that the assignee of such rights by accepting such assignment shall become subject to the terms and conditions of this Ordinance.
The Grantee shall use due diligence and care in furnishing electric service as herein provided but shall not be liable for any loss or damage which may arise from failure of the service, either partial or total, but this shall not be construed to exempt said Grantee from liability for negligence.
The rates to be charged by said Grantee in the said City shall be filed with the Public Service Commission of the State of North Dakota, and no increase or decrease in said rates shall be made except in accordance with the rules and regulations of the Public Service Commission.
This contract shall be subject to any present or future laws of a regulatory nature enacted by the State of North Dakota, or an any amendment or addition to such laws and further shall be subject to the rules and regulations laid down by the Public Service Commission of the State of North Dakota.
The City reserves the right during the term hereof to enact and assess a franchise fee such as it deems necessary, upon reasonable advance notice to Grantee of not less than thirty (30) days.
In the event the City should sell or transfer real property which is subject to Grantee’s franchise and should it become necessary to remove conduits, poles, wires or pipes installed by virtue of this ordinance the removal shall be done at the expense of the Grantee upon the request of the City.
This Ordinance shall take effect and be in full force from and after its passage and approval by the City Council. The said Grantee shall specify its acceptance of this franchise in writing, to be filed with the City Auditor and in no event shall this Ordinance be binding on said Grantee until the filing of such acceptance.
Approved this 14th day of July, 2008.
/s/ George G. Evans
Mayor, City of Warwick
/s/ Sandra Barber
/s/ City Auditor
City Auditor, City of Warwick
OTTER TAIL CORPORATION, a Minnesota corporation, acting through its proper officers thereunto duly authorized, does hereby accept Ordinance No. 24 of the City of Warwick, North Dakota, being an Ordinance granting a franchise to Otter Tail Power Company, and being entitled:
"AN ORDINANCE GRANTING TO THE OTTER TAIL CORPORATION, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO ERECT, CONSTRUCT, INSTALL, AND MAINTAIN WITHIN THE CITY OF WARWICK, NORTH DAKOTA, AN ELECTRIC LIGHT AND POWER SYSTEM AND TRANSMISSION LINE, AND TO OPERATE THE SAME, AND TO INSTALL CONDUITS, POLES, WIRES, PIPES, AND OTHER FIXTURES IN, UPON AND UNDER THE STREETS, ALLEYS, BRIDGES, AND PUBLIC GROUNDS OF SAID CITY FOR THE PURPOSE OF FURNISHING ELECTRIC LIGHT, HEAT, AND POWER TO SAID CITY AND THE INHABITANTS THEREOF"; and all of the terms, conditions, requirements, and provisions of said Ordinance No. 24.
IN WITNESS WHEREOF, Otter Tail Corporation has caused this Acceptance to be duly executed this 2nd day of October, 2008.
OTTER TAIL POWER COMPANY
a Division of Otter Tail Corporation
By /s/ Chuck MacFarlane
And /s/ Bruce Gerhardson
Associate General Counsel,
Otter Tail Corporation
In Presence of
/s/ Becky Luhning
/s/ Nancy L. Olson
STATE OF MINNESOTA )
COUNTY OF OTTER TAIL )
On this 2nd day of October, 2008, before me, a Notary Public within and for said County, personally appeared Chuck MacFarlane and Bruce Gerhardson to me personally known, who, being each by me duly sworn, did say that they are, respectively, the President of Otter Tail Power Company and the Associate General Counsel of Otter Tail Corporation, the corporation named in the foregoing instrument, and that said instrument was signed in behalf of said corporation by authority of its Board of Directors, and said Chuck MacFarlane and Bruce Gerhardson acknowledged said instrument to be the free act and deed of said corporation.
(Notarial Seal) PENNY MOSHER
/s/ Penny Mosher
My Commission Expires January 31, 2010
The foregoing Acceptance was duly filed in the office of the City Auditor of the City of Warwick, North Dakota, this 28th day of October, 2008.
/s/ Sandra Barber
OF THE BOARD OF
October 21, 2008
The Benson County Commissioners met in regular session on Tuesday, October 21, 2008 at 9 a.m. in the commissioner room of the Benson County Courthouse at Minnewaukan. Commissioners present were Jason Lee, Curtis Hvinden, Lowell Haagenson, Dwain Brown and Michael N.
Steffan. The meeting was called to order by Chairman Steffan. Also present was Richard Peterson of the Benson County Farmers Press.
A motion was made by Hvinden, seconded by Brown, to approve the minutes from the October 7, 2008 meeting. All members voted yes. The motion carried unanimously.
The board reviewed a letter to present to Wanda Teigen regarding the separation of the job positions of road department secretary and disaster emergency manager.
A motion was made by Lee, seconded by Hvinden, to reappoint Oscar and Gloria Kleven as ND State Fair delegates.
The board reviewed a resolution to adopt the R-3 Subdivision amendment to the Benson County Subdivision Regulations. This amendment was approved by the Benson County Zoning Board. A motion was made by Haagenson, seconded by Lee, to adopt the resolution for the R-3 Subdivision amendment. All members voted yes. The motion carried unanimously.
Chris Brown, NRG Services, met with the board regarding the 2009 support agreement for computer technology for the county. Brown indicated the estimated cost for the premium plan would be $22,800 per year which would not include new computer installation costs. The amount paid in previous years by Benson County was approximately $12,500. NDACo will no longer be performing computer technology services. The board discussed the possible options and concluded other sources for computer support would be contacted to see if a lower price could be obtained.
At 10 a.m. interviews were held with the applicants for the road superintendent position. The board posed questions to the various applicants.
The board reviewed a letter from Wold Engineering dated October 14,
2008 regarding Projects SC-0305(059), SC-0938 and SC-0328(065).
The board reconsidered having an audit performed at the road department. The board concluded the new road superintendent will perform an inventory audit for the road department when he starts on January 1, 2009.
A motion was made by Brown, seconded by Hvinden, to hire Todd Laverdure to fill the position of road superintendent. Chairman called for discussion on this motion. Discussion was held on wages and the probationary period for the new road superintendent. Roll call vote: Lee – no; Hvinden – yes; Steffan – yes; Haagenson – yes; Brown – yes. The motion carried.
The board set November 4, 2008 as the date to hear objections to the appraised values set by the board on the property foreclosed on for delinquent taxes.
The board reviewed an affidavit for the chairman to sign in the case of Tollefson, et al vs. NDDOT, et al. A motion was made by Hvinden, seconded by Brown, to have the chairman sign the affidavit after the document is reviewed by the road superintendent. All members voted yes. The motion carried.
The board discussed the option of hiring a social welfare director rather than contracting for director services.
The meeting adjourned at 12:30 p.m.
Benson County Auditor
Michael N. Steffan
MINUTES OF REGULAR MEETING
OBERON SCHOOL BOARD
October 13, 2008
A regular meeting of the Oberon School Board was held on October 13, 2008. In attendance were Yvonne Thumb, Paula Deckert, Karen Peterson, Roger Skadsem, Greg Thomas, Principal Kenneth Ploium, Assistant Principal Damian Kennedy and Business Manager Renae Kennedy.
A motion was made, seconded and carried to approve the minutes of the September 8, 2008 meeting as read.
A motion was made, seconded and carried to accept the bills as presented.
Kenneth Ploium 130.91
Rosa Deschamp 50.00
Betty Rushfeldt 473.56
Renae Kennedy 55.89
Nyle Myhre 14.54
Benson Co. Schoolmasters 250.00
Buckle Down Publishing 1,475.93
John Thomas 115.00
US Food Service 250.85
Resources for Educators 198.00
ND Telephone Co. 119.20
Foss Trucking 912.00
E. Central 10,300.25
Scholastic Magazine 188.85
Renaissance Learning 2,098.30
Stensland Construction 3,760.00
Bremer Bank 100.00
Melinda Anchondo 16.16
Corey Ploium 45.25
Sandy Swenson 58.33
Naomi Damschen 16.16
Hartley’s Bus Service 26.21
Time for Kids 11.37
Benson Co. Farmers Press 46.08
Yvonne Thumb 27.00
JS Vending 47.97
Food Services of America 133.55
Center Coal Company 565.44
Farmers Union Oil Co. 2,654.66
Classroom Direct 195.96
Spirit & Pride 64.70
A motion was made, seconded and carried to purchase and accept the one year bus lease for the 2004 bus from Harlow’s in Rolette.
A motion was made, seconded and carried to send Paula Deckert and Renae Kennedy to the NDSBA Convention.
Renae Kennedy announced her pregnancy to the board. The board agreed to hire Naomi Damschen for the afternoon hours in the office during her maternity leave.
Discipline on the bus is becoming a problem. If it continues students may be suspended from the bus for the rest of the year.
Enrollment is at 62.
The upcoming calendar of events was presented.
Renae Kennedy presented the financial reports.
The next board meeting will be November 3, 2008 at 6 p.m. A motion was made, seconded and carried to adjourn the meeting.
MINUTES OF MEETING
MINNEWAUKAN CITY COUNCIL
November 2, 2008
A special meeting of the Minnewaukan City Council was held on November 2, 2008 at 6 p.m. at the Minnewaukan Library. Present were Mayor Curt Yri and council members Mark Motis and Steve Huffman. Also present was Al Staloch.
A motion was made by Motis to grant a variance of the Land Use Ordinance to the Minnewaukan Public School. Huffman seconded. The motion carried unanimously.
A motion was made by Huffman to approve the building permit submitted by the Minnewaukan School. Motis seconded. The motion carried unanimously.
The City of Minnewaukan is granting a building permit and a variance to the city’s Land Use Ordinance for the Area of Special Consideration to the Minnewaukan School. Estimated cost of the building is $64,000.
In its 1998 study of Minnewaukan, Barr Engineering placed a value of $425,000 on the school and grounds. The council feels this figure is very low. Replacement of the building would cost several million dollars. Whatever the value of the school, the building addition to the school grounds will not be a substantial improvement.
The existing school building is operating at capacity. There is not enough room for the number of students it is educating now and federal law requires more classroom space. In addition the federal No Child Left Behind Act requires additional space for teachers to provide help to students to bring them up to the Annual Yearly Progress standard. An addition to the school is out of the question because of the city’s Land Use Ordinance, so a building adjacent to the school is the best alternative.
The community will not stand for forcing the school to turn students away because it cannot meet federal mandates. There are two
alternatives: 1) The city can grant the variance; or 2) the city can repeal its Land Use Ordinance. Since the city has no intention of repealing its Land Use Ordinance, the variance is the only alternative left.
Failure to grant the variance would result in exceptional hardship to the school and the community because the school would be restricted in the number of students it can handle.
The building permit and variance will be granted with the following
1) The proposed building is temporary and will be moved if flooding threatens.
2) The ground elevation is 1458. The main floor of the building must be raised to a height of 1460.
3) All utilities in the temporary classroom must be elevated above 1460.
4) The variance is granted because these portions of the Land Use Ordinance cannot be met: The area does not have five acres of contiguous property above elevation 1460; the access road will not be at an elevation of 1460; the building will be two separate but connected 24×40 buildings to facilitate moving, if the need arises.
The Mitch Weed building permit was tabled pending further information.
By law the city is not a lending institution and cannot loan money to the history book committee.
There being no further business, the meeting adjourned.
Curtis A. Yri
MINUTES OF REGULAR MEETING
MADDOCK SCHOOL BOARD
October 14, 2008
A regular meeting of the Maddock School Board was held October 14,
2008 at 5:30 p.m. Present were President Chris Lauinger, Becky Brandvold, Linda Ellingson, David Kenner, Randy Benson, Superintendent Kim Anderson and Business Manager Brenda Fossen.
Guests were Emil Schoenfish, Flo Kallenbach, Corrine Stadum and Nadley Buehler.
A motion was made by Ellingson, seconded by Brandvold, to approve the agenda. The motion carried.
A motion was made by Brandvold, seconded by Benson, to approve the minutes of September 9, the General Fund bills totaling $27,938.23, food service and activities reports. The motion carried.
Academic Superstore 165.91
Activities Fund 451.00
Alltel Wireless 48.24
Altru Health System 2,030.40
Benson Co. Farmers Press 60.80
Benson Co. Schoolmasters 250.00
Border States Electric Supply 126.66
Cenex Convenience Card 121.78
City of Maddock 4,313.58
Cole Papers 254.56
Custom Wood Products 265.00
Dakota Web Composers 90.00
Devils Lake Glass & Paint 37.67
Doublewood Inn 165.00
Ecolab Pest Elimination 121.50
Farmers Union Oil Co. 5,990.97
Food Service Fund 163.69
Foss, Vicki 23.99
Gaffaney’s of Minot 985.87
Grainger, Inc. 28.60
Gus’s Auto Supply 77.99
Harlow’s Bus Sales 180.50
Haug, Tammy 111.00
Hewlett Packard Co. 950.00
Home of Economy 69.69
Hoopster, Inc. . 15.00
Johnson Clinic, PC 102.00
J S Vending 354.38
Kevlott Testing Services 50.00
Kidspeace Corporation 2,362.22
Lannie Simonson Building
Leever’s County Market 25.80
Markestad, Rachel 11.64
Medcenter One 50.00
Minot Public Schools 140.00
ND Telephone Co. . 352.42
Services Cooperative 920.00
Pearson Education 409.34
Popplers Music 1,105.09
Quill Corporation 1,060.13
Risovi, Joleen 178.85
Seven Seas Inn 110.00
Share Corp. 616.67
Stein Chemical Co. 130.07
Tracy’s Market 84.75
Weekly Reader 425.86
Yri, Terry 35.02
Zee Medical Service 57.00
The principals reported that ND Assessment tests were scheduled to begin October 20 and gave a progress to date report of the Century 21 program.
Emil Schoenfish presented the 2007-08 Audit Report. The June 30, 2008 interim fund was 30% of total expenditures, which is his recommendation for cash management. A motion was made by Kenner, seconded by Ellingson, to approve the audit report. Upon roll call vote, all were in favor. The motion carried.
The business manager presented information to the board for IRS compliance for 403(b) tax-sheltered annuities. Compliance is mandated by January 1, 2009.
LET IT BE RESOLVED, that the Maddock School District #9 Board of Education adopts the Board 403(b) Plan Document, which will conform to the requirements of Section 403(b) of the Internal Revenue Code and applicable regulations, and further authorizes Brenda Fossen, Business Manager to act on the Board’s behalf to implement, maintain and administer the plan in accordance with the Board’s intentions, and all applicable state and federal laws.
A motion was made by Ellingson, seconded by Brandvold, to approve the resolution and the Maddock School District #9 Notice of Eligibility to Participate in the 403(b) Plan. Upon roll call vote, all were in favor. The motion carried.
Flo Kallenbach and Corinne Stadum updated the board on the bleacher fund progress and activities.
A motion was made by Kenner, seconded by Benson, to approve paying the balance of the annual community center rental fee and a donkey basketball game to be scheduled for this winter in the school gym.
Upon roll call vote, all were in favor. The motion carried.
Mrs. Anderson presented draft information from the NDHSAA of the new football regions. Following the close of the season, she will be meeting with the administrators of Leeds and Minnewaukan to decide the remaining issues regarding the new football co-op.
Mrs. Anderson has been addressing some building security issues and will ask the board at the next meeting to consider keeping most of the building doors locked during the school day.
Due to school holidays and the annual NDSBA convention, the next regular meeting will be November 18 at 5:30 p.m.
The meeting adjourned.
These minutes are submitted for publication prior to board approval.
IN DISTRICT COURT
STATE OF NORTH DAKOTA
Civil No. 08C144
Spirit Lake Nation a/k/a Spirit Lake )
Tribe a/k/a/ Devils Lake Sioux Tribe )
a/k/a Spirit Lake Tribe of Benson )
County, North Dakota, )
Leonard E. Peterson and Lena )
Hsu Peterson; Eugene LaMotte, Sr. )
a/k/a Eugene H. LaMotte; Craig )
Estenson; and all other persons )
unknown claiming any estate or )
interest in, or lien or encumbrance )
upon, the property described in )
the complaint, )
THE STATE OF NORTH DAKOTA TO THE ABOVE NAMED DEFENDANTS:
You are hereby summoned to answer the Complaint in the above entitled action, which Complaint will be filed in the office of the Clerk of this court, and to serve a copy of your answers upon the subscriber within 20 days after the service of this Summons upon you, exclusive of the day of service; and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint.
NOTICE OF NO PERSONAL CLAIM
You, and each of you, are hereby given notice that the relief sought in this action is wholly or partly in excluding the above named
defendant(s) from any interest or lien upon the following described real estate, and no personal claim is made against any of the said defendant(s). Further, notice is hereby given that the object of this action is to determine the adverse claims of the Defendant(s) and to quiet title relating to and involving the following described real estate in the County of Benson and State of North Dakota, to-wit:
Block 9: S1/2 of Lot 10 and all of Lots 11 and 12 TOWNSHIP 151, RANGE 64:
Section 21: SE1/4
Dated this 28th day of October, 2008.
PETERSON LAW OFFICES, PC
By /s/ Travis S. Peterson
Travis S. Peterson, ND Bar No. 05621
A Member of the Firm
523 Central Avenue, PO Box 231
New Rockford, ND 58356
Attorneys for Plaintiff
(Publish Nov. 5, 12 & 19, 2008)
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