3/4/2009 – Public Notices
MINUTES OF SPECIAL MEETING
MADDOCK CITY COUNCIL
February 24, 2009
A regular meeting of the Maddock City Council was called to order by Council President Rodney Maddock on February 24, 2009 at 7 p.m. in the council chambers at city hall. Present for roll call were council members Kay Feig and Marilyn Allan. Kent Neppl was absent. Also present was Sheriff Steve Rohrer.
The reason for the special meeting was to appoint a new mayor. Since no one has petitioned for the position of mayor, Feig made a motion, seconded by Allan, to appoint Rodney Maddock as mayor. The motion carried.
This resulted in a vacancy for the position of council person. After 15 days the council will appoint a person to fill this vacancy. A special meeting will be held March 11, 2009 at 7 p.m. to fill this position.
Steve Roher was present on behalf of the Benson County Sheriff’s Department to discuss law enforcement issues.
There being no further business, the meeting was adjourned.
Pamela Lee
City Auditor
Rodney Maddock
Council President
These minutes have not yet been approved by the Maddock City Council.
PUBLIC NOTICE AND
NOTICE OF PUBLIC HEARING
The City of Minnewaukan plans to submit a Community Development Block Grant (CDBG) application to the State of North Dakota, Division of Community Services (DCS). CDBG funds are intended to provide decent housing, suitable living environments and economic opportunities, principally for very low and low income persons through rehabilitation and preservation, economic/job development and public facilities improvements. It is estimated that $6,000,000 will be available statewide for the "Small Cities" CDBG program projects.
The application being considered would request $300,000 for the sanitary sewer/lift station upgrade. It is estimated that approximately 100% of the funds would benefit very low and low income persons. Permanent involuntary displacement of neighborhood persons or businesses is not anticipated. Should it later become necessary to consider such displacement, alternatives will be examined to minimize the displacement. If no feasible alternatives exist, required/reasonable benefits will be provided to those displaced to mitigate adverse effects and hardships. Any very low and low income housing which is demolished or converted will be replaced. A public hearing will be held at 2:00 p.m. on Monday, March 9, 2009 at the Minnewaukan
55 Club, 150 Main Street E, Minnewaukan, ND to obtain citizen views and questions related to:
• The proposed CDBG application is for the sanitary sewer/lift station upgrade.
• Community development and housing needs, including the needs of very low and low income persons, as well as other needs in the community that might be addressed through the CDBG program, and • The performance of the City of Minnewaukan in carrying out its community development responsibilities.
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)
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