2/18/2009 – Public Notices

INVITATION TO BID

Notice is hereby given that sealed bids, entitled Road Improvements Project, Grahams Island State Park, addressed to North Dakota Parks and Recreation Department, 1600 East Century Avenue, Suite 3, Bismarck, ND 58503-0649, will be received at the Bismarck office of North Dakota Parks and Recreation Department until 2:00 p.m. local time March 16, 2009, and then publicly opened and read thereafter.

Bids will be opened in the meeting room located in the Visitor Center. Federal funding may be used on this project. The bid items shall consist of:

Mobilization, L.S.; Subgrade Excavation, 100 C.Y.; Subgrade Preparation, 1,460 S.Y.; Gravel Base Material, 120 C.Y.; Hot Mix Asphalt (HMA) Pavement, 225 Ton; A.C. Oil, 3,000 Gallons; Seal Oil, 33,000 Gallons; Seal Aggregate, 1,200 Tons; and Paint Centerline Stripe, 10,000 L.F.

Bids will be received and one contract will be awarded for the entire Project.

Drawings and Specifications are available for viewing at the office of the ND PARKS AND RECREATION DEPARTMENT, 1600 East Century Avenue, Suite 3, Bismarck, ND 58503-0649, (Telephone: 701-328-5357). Copies of the Drawings and Specifications may be obtained from AMERITECH ENGINEERING CORPORATION, PO Box 1796, Williston, ND 58802 (Telephone:

701-577-4127). Drawings and Specifications will be available for a non-refundable deposit of $75.00.

Each Contractor who submits a bid must hold a North Dakota Contractor’s License as provided by law, and such license must have been in effect at least ten (10) days prior to the date set to open bids.

Each bid shall be accompanied by a bidder’s bond in a sum equal to five percent (5%) of the full amount of the bid, executed by the bidder as principal and by a surety company authorized to do business in North Dakota, conditioned that if the principal’s bid is accepted and the contract awarded to him, he within fifteen (15) days after Notice of Award, will execute and effect a contract in accordance with the terms of his bid and a contractor’s bond as required by law and the regulations and determination of the governing board. A contractor’s bond executed by individuals as sureties will not be accepted.

The work is to be started on a date to be fixed by the Owner, notice of which will be given to the Contractor seven (7) days in advance and such work is required to be completed and ready for final payment by August 15, 2009.

The right is reserved to reject any or all proposals received, to waive informalities, to postpone the award of the contract for a period of not to exceed sixty (60) days, to accept the bid which is in the best interests of the Owner, and to reject the bid of any party who has been delinquent or unfaithful in the performance of any former contract with the Owner.

During the performance of the contract, the Contractor agrees that he will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin.

This obligation not to discriminate in employment includes, but is not limited to the following:

Hiring, placement, upgrading, transfer, or demotion, recruitment, advertising, or solicitation for employment, selection for training, including apprenticeship layoff and termination.

Also, enclosed in the bidding envelope, shall be a copy of the license or certificate of renewal thereof issued by the Secretary of State. No contract shall be awarded to any Contractor unless the Contractor holds a North Dakota Contractor’s License as provided by law, and such license must have been in effect at least (10) ten days prior to the date set to open bids. A bid submitted without this information properly enclosed in the bidding envelope shall not be read, nor considered, and shall be returned to the Bidder. All bidders must be licensed for the highest amount of their bids as provided by applying North Dakota State Law.

Each separate proposal shall be placed in a bidders envelope and securely sealed. The proposal guaranty, Contractor’s license renewal certificate and acknowledgment of receipt of any Addenda issued shall be placed in a separate compartment which is securely attached to the bidding envelope. The envelope shall be plainly marked to indicate its contents and shall show the following information: project title; the name of the person, firm or corporation submitting the bid; the class and number of contractor’s license held by the bidder; and the date on which the license was issued or renewed.

ND PARKS AND RECREATION DEPARTMENT

By: Douglass A. Prchal, Director

(Publish Feb. 18 & 25 & March 4, 2009)

NOTICE OF SUMMONS

AND COMPLAINT

State of North Dakota

Benson County District Court

Civil No. 03-08-C-171

Janis Schmidt, Plaintiff

418 Griffin Street

Warwick, ND 58381

701-294-2196

v.

Warwick Public School Dist. #29,

Charles Guthrie, Supt.,

Gene Riedinger, Principal,

Steve Jacobson, Elementary Principal,

Shirley Tiokiason, Counselor,

Larry Thiele, Board President,

Bernadette Brown, Board member,

Kay Gravdahl, Board member,

Donna Christofferson, Board member,

Johnnie McKelvey, Board member,

Steven Michels, music teacher,

Myra Pearson, Tribal President,

Defendants

Publication Summons

and Notice of Filing

To the person named above as a defendant:

Gene Riedinger

I, Janis Schmidt, Plaintiff, do swear that I filed a Complaint in Benson County Court on December 23, 2008, that after diligent inquiry personal service of the summons cannot be made upon the defendant in this state to the best knowledge, information, and belief of the affiant; pursuant to Rule 4(e)(2)(A)(3)(7), I have published Notice of Service in the Benson County Farmers Press and I have served Defendant Gene Riedinger’s representative, Tiffany Johnson of Pearce & Durick lawfirm, a true and correct copy of Plaintiff’s Complaint and Summons. Under pains and penalties of perjury, I swear that all actions have been taken, and all statements are true.

Signed this 24th day of February, 2009.

/s/ Janis Schmidt

MINUTES OF MEETING

MINNEWAUKAN CITY COUNCIL

February 10, 2009

A regular meeting of the Minnewaukan City Council was held February 10, 2009 at 5:30 p.m. at the Minnewaukan Senior Citizens Community Center. Present were Mayor Curtis Yri and council members Mark Motis, Rita Staloch, Steve Huffman and Connie Ambers. Also present were City Auditor Laura Weed, city maintenance man Verdeen Backstrom, librarian Cathy Burkhardsmeier, animal control officer Jim Ripplinger, Paul Lee and Eric Gilbertson of KLJ, Bob Yri, Claudette Carlson, Troy Backstrom, Al Staloch, Gary King, Eddie Gefroh, Ryan and Christie Genre, Dwight O’Connell, Steve Rohrer, Ivan Aabrekke, Ray and Delores Scherr, Pat Feist, Lana Johnson, David Salisbury, Brad Armentrout, Kelly Armentrout and David Garske.

A motion was made by Staloch to approve the agenda. Ambers seconded.

The motion carried unanimously.

A motion was made by Huffman to approve the minutes of January 13, 2009. Staloch seconded. The motion carried unanimously.

A motion was made by Motis to allow KLJ to submit grant applications for flood control measures in the city. Huffman seconded. The motion carried unanimously.

A motion was made by Huffman to appoint George Howard as flood control manager. Ambers seconded. The motion carried unanimously.

A motion was made by Staloch to send a letter to the Benson County Commissioners asking them to remove the culverts on Old Highway 281 to equalize the water. Motis seconded. The motion carried unanimously.

A motion was made by Staloch to send a letter asking that Benson County join the Joint Water Resource Board. Motis seconded. The motion carried unanimously.

A motion was made by Motis for a resolution regarding the proposed community center and fire hall. Ambers seconded. The motion carried unanimously.

RESOLUTION

WHEREAS, a committee of concerned citizens has initiated plans for a combination community center and fire hall, and WHEREAS, a community center is badly needed in our community and the current fire hall is inadequate for our fire department, THEREFORE BE IT RESOLVED, that the City of Minnewaukan goes on record as enthusiastically supporting this project.

DATED THIS 10th day of February, 2009.

Curtis A. Yri

Mayor

Laura J. Weed

City Auditor

A motion was made by Staloch to hold a first reading on the Model C Ordinance. Motis seconded. The motion carried unanimously.

A first reading was held for a stripping ordinance that bans stripping in Minnewaukan. A motion for approval was made by Staloch and seconded by Motis. Roll call vote: Motis-yes, Huffman-no, Ambers-no, Staloch-yes, Yri-yes. The motion carried.

A motion was made by Huffman and seconded by Ambers to void check numbers 9061, 9176, 9282 and 9380 payable to the Minnewaukan Park Board and to void check number 9446 payable to ND Sewage Pump. All checks will be reissued. The motion carried unanimously.

A motion was made by Motis to approve a debit card for the library checking account. Huffman seconded. The motion carried unanimously.

A motion was made by Motis and seconded by Ambers to deny the two requests for water billing adjustments. The motion carried unanimously.

A motion was made by Ambers to pay all bills. Motis seconded. The motion carried unanimously.

FSA-BANK BUILDING FUND

Ameripride $66.98

DF Lighting 206.85

Huffman, S. 699.50

Lake Region Electric 25.99

McQuoid’s 23.50

Otter Tail Power Co. 1,518.38

Servicemaster 525.00

GARBAGE FUND

Double M Sanitation $2,750.00

LAGOON FUND

Bank of North Dakota $1,095.50

GENERAL FUND

Benson County Sheriff $300.00

Benson Co. Farmers Press 194.70

Ferrellgas 786.56

Hoiberg’s 2.97

Huffman, S. 288.81

McQuoid’s 15.38

Northern Plains RC&D 100.00

One Call 9.92

Otter Tail Power Co. 440.49

Quill 141.94

Staloch, R. 203.70

Traynor Law Firm 100.00

US Postal Service 378.00

Weed, L. 38.32

Payroll 1,360.87

LIBRARY FUND

Demco $82.44

Mystery Guild 97.37

Penworthy 432.13

Payroll 692.53

STREET FUND

Benson Co. Highway Dept. $1,222.50

NAPA 3,862.50

Otter Tail Power Co. 661.28

WATER FUND

Alltel $49.77

Bergstrom Electric 67.68

Black Construction 7,821.00

Ferrellgas 1,619.18

McQuoid’s 17.33

NAPA 3,862.50

ND Dept. of Health 16.00

ND Rural Water 50.00

ND Sewage Pump 16,220.00

Northern Plains Electric 384.19

Otter Tail Power Co. 207.48

Ramkota Hotel 110.00

TSC 11.98

Payroll 2,433.26

There being no further business, the meeting adjourned.

Laura J. Weed

City Auditor

Curtis A. Yri

Mayor

CITY OF YORK

ORDINANCE NO. 1

AN ORDINANCE, WHICH UPON ADOPTION BY THE CITY COUNCIL FOR YORK, NORTH DAKOTA, SHALL BE EFFECTIVE ON THE DATE OF ITS ADOPTION.

BE IT ORDAINED, by the City Council of the City of York, North Dakota, the following shall be adopted as an ordinance in the City of York to provide as follows:

No aboveground, enclosed tanks having a capacity of more than 3,500 gallons and having the capability to hold flammable liquid, toxic liquid or gas, any substance which is an inhalation or corrosive hazard, or other combustible materials, shall be allowed in the City, except by authorization of the City Council. If such authorization is granted, the City Council may require any conditions as it deems fit.

In the event of a violation of this Ordinance, the City Council will notify, in writing, the party in violation of this Ordinance. The warning will provide a deadline for the removal of the tank and if the tank is not removed within that period of time, there will be a fine imposed. The amount of the fine will be $200 for each day in which the violation continues after the deadline.

If the fine is not timely paid, by action of the City Council, the property where the tank is located may be assessed the amount of the penalty. This assessment of the property will be in the same manner as assessments are made as provided in North Dakota law.

In addition to the assessment of the penalty against the property, the City may also proceed to obtain other relief for the enforcement of this Ordinance, as allowed by North Dakota law.

Passed First Reading: 01-05-09

Passed Second Reading: 02-02-09

Final Passage and Adoption: 02-02-09

CITY OF YORK

By: Randy Silliman

Mayor

ATTEST: Nancy Silliman

City Auditor

CALL FOR BIDS

The Board of Education of the Maddock School District No. 9 of Maddock, North Dakota will accept sealed bids until April 1, 2009 to replace gymnasium bleachers as follows:

One bank of wall attached bleachers, 78′ wide, 10 rows, approximate seating for 420; and One bank of floor attached bleachers, 78′ wide, 10 rows, approximate seating for 420.

Inquiries for detailed specifications may be directed to Kim Anderson, superintendent, during normal school hours at 701-438-2531.

Sealed bids are to be mailed to Brenda Fossen, Business Manager, Maddock School District No. 9, PO Box 398, Maddock, ND 58348 on or before 4 p.m. on Wednesday, April 1, 2009.

All properly received bids will be forwarded to the Board of Education for consideration at its next regular meeting. The Board of Education reserves the right to reject any or all bids.

Brenda Fossen

Business Manager

Maddock School District No. 9

Maddock, ND 58348

(Publish Feb. 18 & 25 & March 4, 2009)

NOTICE TO CREDITORS

IN THE DISTRICT COURT OF BENSON COUNTY, STATE OF NORTH DAKOTA.

In the Matter of the Estate of Vern T. Thompson, Deceased.

NOTICE IS HEREBY GIVEN that the undersigned has been appointed personal representative of the above estate. All persons having claims against the said deceased are required to present their claims within three months after the date of the first publication of this notice or said claims will be forever barred. Claims must either be presented to Hazel DeGroot, personal representative of the estate, at 330 13th Avenue NE, Jamestown, North Dakota 58401, or filed with the court.

Dated this 23rd day of January, 2009.

-s-Hazel E. DeGroot

Hazel DeGroot

Personal Representative

330 13th Avenue NE

Jamestown, ND 58401

Kenneth L. Dalsted

Dalsted & Ryan, PC

208 2nd Avenue SW

PO Box 1727

Jamestown, ND 58402-1727

Attorney for Personal Representative

First publication on the 4th day of February, 2009.

(Publish Feb. 4, 11 & 18, 2009)

NOTICE TO CREDITORS

IN THE DISTRICT COURT OF BENSON COUNTY, STATE OF NORTH DAKOTA.

In the Matter of the Estate of Phyllis J. Larson, Deceased.

NOTICE IS HEREBY GIVEN that the undersigned has been appointed personal representative of the above estate. All persons having claims against the said deceased are required to present their claims within three months after the date of the first publication of this notice or said claims will be forever barred. Claims must either be presented to Gerald Larson, personal representative of the estate, at PO Box 428, Leeds, ND 58346, or filed with the court.

Dated this 29th day of January, 2009.

-s-Gerald Larson

Gerald Larson

Personal Representative

PO Box 428

Leeds, ND 58346

J. Bruce Gibbens

GIBBENS LAW OFFICE

PO Box 708

Cando, ND 58324

(701) 968-3342

Attorney for Estate

First publication on the 11th day of February, 2009.