3/4/2009 – Public Notices

Written comments are also welcomed and must be received by March 9, 2009 at PO Box 651, Devils Lake, ND. Oral and written comments will be considered in deciding whether to submit an application for the proposed project. Written summary information will be available from the Minnewaukan City Auditor’s Office on March 4,

2009 until March 9, 2009 on any CDBG application the City of Minnewaukan intends to submit to the state. A copy of the application as submitted to the state will be available for public review at North Central Planning Council after March 10, 2009.

Information and records regarding the City of Minnewaukan’s proposed and past use of CDBG funds are available at North Central Planning Council during regular office hours. Advance notice is requested. If special accommodations are needed, please notify so that appropriate aids can be made available.

NOTICE OF HEARING

PROBATE NO. 09-P-005

IN DISTRICT COURT

BENSON COUNTY, NORTH DAKOTA

IN THE MATTER OF THE ESTATE OF

Helen F. Tollefson, DECEASED

Maurine Sutton, )

Petitioner, ) )

Helen F. Tollefson and all other )

persons unknown who have interest )

in, or lien, or encumbrance upon, the )

property described in the Notice, )

Respondents. )

NOTICE IS HEREBY GIVEN that Maurine Sutton has filed with the Judge of the District Court of Benson County, North Dakota, a Petition for Adjudication of Intestacy and Determination of Heirs in the matter of the estate of the above named Deceased, Helen F. Tollefson.

The assets of the estate consist of, in addition to other property, an interest in the following described real estate in Benson County, North Dakota:

An undivided 50% mineral interest in:

Lots 1, 2, 3 & 4 & S1/2NE1/4, SE1/4, 1-153-71 (Lots One, Two, Three and Four, and the South Half of the Northeast Quarter and the Southeast Quarter of Section One, Township One Hundred Fifty-three, Range Seventy-one, Benson County, North Dakota); and S1/2SE1/4, SE1/4SW1/4, 3-153-71 (The South Half of the Southeast Quarter and the Southeast Quarter of the Southwest Quarter of Section Three, Township One Hundred Fifty-three, Range Seventy-one, Benson County, North Dakota).

Hearing has been set to consider the Petition on the 23rd day of March, 2009 at 2:30 o’clock p.m.

at the Courtroom of the Benson County District Court in the City of Minnewaukan, County of Benson, State of North Dakota, at which time and

place you may be heard if you wish.

Dated this 2nd day of March, 2009.

-s-James P. Wang

James P. Wang

Attorney for Petitioner

PO Box 211

110 Main St. E

Minnewaukan, ND 58351

(701) 473-5338

ID No.: 04664

(Publish March 4, 11 & 18, 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 law firm, 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

Excess Mill Levy

NOTICE OF SPECIAL ELECTION

AND ANNUAL MEETING

Esmond Township

Benson County, ND

NOTICE IS HEREBY GIVEN that on March 17, 2009 at

the polling place of the Esmond Fire Hall in the

Township of Esmond, County of Benson, an election

will be held in which the following question

shall be submitted to the electors of Esmond Township:

Shall Esmond Township levy taxes for a five-year

period commencing in 2009, which shall exceed the

legal limit by not more than $5,000, so that the

taxes levied, instead of being $5,584.74, which

is the limit authorized by law for the tax year

2008, shall be approximately $10,584.74? This

excess levy shall be contingent on the Benson

County Board of Commissioners waiving any

interest accruing from and after January 1, 2009

on the bill owed to the Benson County Highway

Department which is 365 days past due as of

December 31, 2008. All funds received by the

township from this levy shall first be used for

the purpose of paying off the past due amount to

the Benson County Highway Department. Any

remaining funds shall be used to pay other expenses of the township as needed.

( ) Yes or ( ) No.

BE IT KNOWN that the total income of Esmond

Township from the first day of January 2008 to

the last day of December 2008 was $11,188.60 and

that the total warrants issued for said period amounted to $10,247.88.

BE IT FURTHER KNOWN that the expected

expenditures for each year of the five-year

period commencing in 2009 are roughly equivalent

to the $15,826.94 spent in 2007.

BE IT FURTHER KNOWN that the current tax levy of

21.02 mills, which produced $5,584.74 in income

in 2008, is the legal maximum, but that a 100

percent excess levy of the basic legal limitation

is authorized for a five-year period. If 60

percent of the qualified electors shall approve

the above-stated question, the levy shall be

increased an additional 18 mills upon each dollar

of taxable valuation, which increase would have

produced $4,782.42 in additional income at 2008 valuations.

BE IT FURTHER KNOWN that said election will be

opened at 2 p.m. and will continue open until 6 p.m. in said Esmond Township.

(Publish Feb. 25 & March 4, 2009)

MINUTES OF REGULAR MEETING

MINNEWAUKAN SCHOOL BOARD

January 14, 2009

A regular meeting of the Minnewaukan Board of

Education was called to order by Chairman David

Ambers January 14, 2009 at 6 p.m. Also present

were Corey Erickson, Terry Yri, Laura Every,

Supt. Myron Jury, Jean Callahan and Ron Carlson.

Randy Thompson and Business Manager Dianne Mikkelson were absent.

A motion was made by Yri, seconded by Erickson,

to approve the agenda. The motion carried.

A motion was made by Yri, seconded by Every, to

approve the minutes of the December 8, 2008 meeting. The motion carried.

A motion was made by Every, seconded by Erickson,

to approve bills for payment. The motion carried.

GENERAL FUND

Advanced Business Methods $631.00

Allan’s Skidsteer 250.00

Allen’s Auto Sales & Auto

Trim 1,495.00

Alltel 85.76

AVI Systems Inc. 7,579.00

Benson County 2,2550.29

Benson Co. Farmers Press 112.00

Benson Co. Treasurer 513.14

Blick Art Materials 249.85

Blooming Prairie Center 1,992.46

BlueCross BlueShield ND 356.70

Boiler Inspection Program 40.00

Brooklyn Publishers Inc. 103.50

Jean Callahan 187.50

Capital One 3,783.60

City of Minnewaukan 749.63

City of Minnewaukan 400.00

Phillip Clifton 8,815.00

Darrell’s Electric Inc. 1,904.88

Decker Equipment 56.61

Devils Lake C & F Tire Center 635.85

Devils Lake Public Schools 90.00

Devils Lake Public Schools 12,663.58

Deb Dyste 114.29

Educational Resources 2,554.86

EduTech Educational Tech

Services 180.00

Bonnie Erickson 285.36

Exhaust Pros 23.36

Farmers Union Oil Co. 5,942.64

Ferrellgas 455.39

Fleet One 2.50

Ryan Hanson 345.00

Heart of America Health Plan 391.20

Jennifer Huffman 39.30

Hy-Z Wireless Inc. 114.86

Job Service ND 828.77

Johnson Controls 2,100.00

JS Vending & Wholesale 422.31

Myron Jury 302.06

Lake Region Career &Tech

Center 27,585.67

Lake Lumber Inc. 259.99

Lakeside Lock & Key 309.00

LaMotte’s Paint & Glass Supply

Co. 8,519.38

Lannie Simonson Building

Co. 8,420.82

Val Luhman 18.90

Mac’s Inc . 102.02

McQuoid’s Grocery 742.18

Minnewaukan School 5,000.00

NAPA Auto Parts 5,730.53

NDASA 135.00

Newsweek 60.00

NDASSP 120.00

ND Surplus Property 319.00

ND Telephone Co. 544.66

Otter Tail Power Co. 5,351.01

Popplers Music 314.80

Postmaster 273.80

Quality Welding & Steel Sales 770.48

Emil Shoenfish CPA 1,380.00

Publishing Marketing Service 99.60

Cyril Shaw 98.25

Cyril Shaw 72.05

Al Staloch 2,800.00

Al Staloch 8,805.00

State of North Dakota 184.92

Stein’s Inc. 47.55

Success For All Foundation 2,520.00

The Cottage 30.00

Brennen Thompson 78.60

Brennen Thompson 65.50

20/20 Eyewear 64.96

Wal-Mart 36.83

Weekly Reader Corp. 87.80

Western Insurance 35.00

TOTAL 137,304.21

SPECIAL FUND

Gerrells & Co. $144.00

Interstate Brands Corp. 13.38

JS Vending & Wholesale 62.56

McQuoid’s Grocery 17.25

Pepsi Cola Bottling Co. 1,389.07

US Foodservice 51.72

Wal-Mart 178.10

TOTAL 1,856.08

HOT LUNCH

Dept. of Public Instruction $100.65

Interstate Brands Corp. 404.49

JS Vending & Wholesale 111.25

Leevers County Market 24.47

Meadow Sweet Dairy 628.21

Donna Smith 36.12

US Foodservice 1,211.42

Wal-Mart 46.06

TOTAL 2,562.67

A motion was made by Every, seconded by Yri, to

approve the financial reports. The motion carried.

Discussion was held on the automated alert system

and a tour of the new addition was taken.

Discussion was held on the cost of the in-service

day for each school, the Impact Aid check, a

letter of resignation, and the NAEP testing for

4th and 8th graders on February 5, 2009.

A motion was made by Yri, seconded by Every, to

accept a letter of resignation. The motion carried.

The principals gave their reports.

Yri made a motion, seconded by Every, to adjourn

the meeting. The motion carried.

The next meeting will be February 11, 2009 at 6 p.m.

Dianne MIkkelson

Business Manager

David Ambers

Chairman

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)

SUMMONS

IN DISTRICT COURT

COUNTY OF BENSON

STATE OF NORTH DAKOTA

NORTHEAST JUDICIAL DISTRICT

JPMorgan Chase Bank, National)Association, as

purchaser of the loans)and other assets of

Washington Mutual) Bank, formerly known as

Washington) Mutual Bank, FA the "Savings Bank")

from the Federal Deposit Insurance) Corporation,

acting as receiver for) the Savings Bank and

pursuant to its) authority under the Federal

Deposit) Insurance Act, 12) S.C. ? 1821(d), )

Plaintiff, )

vs, )

Mark Wheeler; Sharon Wheeler; )

and any person in possession, )Defendants. )

* * * * * * * * * * * * * * * * * * * * * * * * *

THE STATE OF NORTH DAKOTA TO THE ABOVE NAMED DEFENDANTS:

You are hereby summoned to appear and defend

against the Complaint in this action, which has

been filed with the Clerk of Court or is herewith

served upon you, by serving upon the undersigned

a copy of an answer or other proper response

within twenty (20) days after the service of this

Summons upon you, exclusive of the day of

service. If you fail to do so, judgment by

default will be taken against you for the relief

demanded in the Complaint. The original Complaint

is filed with the Clerk of the District Court in

the County in which this action is commenced.

This action relates to the foreclosure of a

mortgage upon the following described real

property in the County of Benson, State of North Dakota:

All of Lot Seven (7) and the South Half (S?) of

Lot Eight (8), Block Two (2) of Kjorliens

Addition to the City of Maddock, Benson County,

North Dakota aka 408 Central Ave., Maddock, ND 58348.

The Plaintiff is not seeking a personal judgment

against the above-named Defendants.

Dated February 17, 2009.

MACKOFF KELLOGG LAW FIRM

Attorneys for the Plaintiff

Office and Post Office Address:

46 West Second Street

P.O. Box 1097

Dickinson, North Dakota 58602-1097

Tel: (701) 227-1841

Fax: (701) 227-4739

By: Sandra K. Kuntz, Attorney #05186

THIS IS AN ATTEMPT TO COLLECT THE REFERENCED DEBT

AND ANY INFORMATION OBTAINED WILL BE USED FOR

THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR.

(Publish Feb. 25 & March 4 & 11, 2009)

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)

Excess Mill Levy

NOTICE OF SPECIAL ELECTION

Hesper Township

Benson County, ND

NOTICE IS HEREBY GIVEN that on March 17, 2009 at

the polling place of the Philip Backstrom home in

the Township of Hesper, County of Benson, an

election will be held in which the following

question shall be submitted to the electors of Hesper Township:

Shall Hesper Township levy taxes for a five year

period commencing in 2009, which shall exceed the

legal limit by $3,173 so that the taxes levied,

instead of being $6,346, which is the limit

authorized by law, shall be approximately $9,519?

( ) Yes or ( ) No.

BE IT KNOWN that the total income of Hesper

Township from the first day of January 2008 to

the last day of December 2008 was $12,213 and

that the total warrants issued for said period

amounted to $17,796, resulting in a deficit for said period of $5,583.

BE IT FURTHER KNOWN that the expected

expenditures for each year of a five year period

commencing in 2009 will be approximately $15,619.

BE IT FURTHER KNOWN that the current tax levy of

18 mills, which produced $6,346 in income in

2008, is the legal maximum, but that a 50 percent

excess levy is authorized for a five year period.

If 60 percent of the qualified electors shall

approve the above-stated question, the levy shall

be increased to be the amount of 9 mills upon

each dollar of taxable valuation, which increase

would have produced $3,173 in additional income at 2008 valuations.

BE IT FURTHER KNOWN that said election will be

opened at 1:30 p.m. and will continue open until

3:00 p.m. at said polling place.

(Publish March 4 & 11, 2009)

NOTICE OF SPECIAL ELECTION

Albert Township

Benson County, ND

NOTICE IS HEREBY GIVEN that on March 17, 2009 at

the polling place of the Ralph Olson farm in the

Township of Albert, County of Benson, an election

will be held in which the following question

shall be submitted to the electors of Albert Township:

Shall Albert Township levy taxes for a five-year

period commencing in 2009, which shall exceed the

legal limit by $6,575 so that the taxes levied,

instead of being $6,575, which is the limit

authorized by law, shall be $13,150? ( ) Yes or ( ) No.

BE IT KNOWN that the total income of Albert

Township from the first day of January 2008 to

the last day of December 2008 was $13,813.68 and

that the total warrants issued for said period

amounted to $21,177.28, resulting in a deficit for said period of $7,364.68.

BE IT FURTHER KNOWN that the expected

expenditures for each year of a five-year period

commencing in 2009 are roughly equivalent to the $21,000 spent in 2008.

BE IT FURTHER KNOWN that the current tax levy of

18 mills, which produced $6,573.16 in income in

2008, is the legal maximum, but that a 100

percent excess levy is authorized for a five year

period. If 60 percent of the qualified electors

shall approve the above-stated question, the levy

shall be increased to be the amount of 18 mills

upon each dollar of taxable valuation, which

increase would have produced $6,575 in additional income at 2008 valuations.

BE IT FURTHER KNOWN that said election will be

opened at 7:30 p.m. and will continue open until

8:30 p.m. of said Albert Township.

(Publish Feb. 25 & March 4, 2009)