7/8/2009 – Public Notices

FUND DOLLARS

NOTIFICATION OF

NON-REPLACEMENT

LEEDS SCHOOL DISTRICT PUBLICATION OF NOTICE The Leeds Public School requests that this is official notification that any education stabilization fund dollars received by the Leeds Public School District #6 as a result of the American Recovery and Reinvestment Act of 2009 must be used first to restore funding deficiencies in the 2009-10 school year when compared to the 2005-06 school year and that any additional dollars received under the American Recovery and Reinvestment Act of 2009 must be used for one-time nonrecurring expenditures because the State of North Dakota is not responsible for replacing that level of funding or otherwise sustaining that level of funding during the 2011-13 biennium.

(Publish July 1 & 8, 2009)

NOTICE TO CREDITORS

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

In the Matter of the Estate of Joyce I. Waller, 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 Janet L. Randle, personal representative of the estate, at PO Box 103, Leeds, ND 58346, or filed with the Clerk of Court of Benson County, Minnewaukan, ND 58351.

Dated this 17th day of June, 2009.

-s-Janet Randle

Janet L. Randle

Personal Representative

John W. Frith

FRITH & STEFFAN

609 4th Avenue NE

PO Box 1045

Devils Lake, ND 58301-1045

(701) 662-2805

Attorney for Personal Representative

First publication on the 24th day of June, 2009.

(Publish June 24 & July 1 & 8, 2009)

ADVERTISEMENT FOR CONSTRUCTION BIDS

Sealed bids for work on the Minnewaukan Public School, Minnewaukan, North Dakota, will be received until 6 p.m. CDT on July 27, 2009 in the offices of the Superintendent of Schools, 200 D Avenue, Minnewaukan, North Dakota 58351 after which time they will be opened and read publicly.

Bids will be received at that time on the following work: Membrane Roofing Construction.

Bidding documents have been prepared by HEPPER-OLSON ARCHITECTS, 2617 South Columbia Road, Suite 3, Grand Forks, North Dakota 58201. They are on file at the offices of the following: the owner, the architect, Construction Plans Exchange, Bismarck, ND and the following Builders Exchanges: Grand Forks, Minot, Devils Lake, Bismarck-Mandan and Fargo, North Dakota.

Qualified bidders may obtain bidding documents from the architect upon deposit of $75.00, which will be refunded if a bonafide bid is submitted and plans are returned in good condition within 10 days after the receipt of bids.

Each bid must be accompanied by a bid bond payable to the Minnewaukan School District in the amount equal to five percent (5%) of the bid.

This is to serve as a guarantee that the bidder will enter into a contract for the performance of such work if the contract is awarded to him. Only bids which are accompanied by such bond and a copy of the bidder’s current state of North Dakota Contractor’s License, attached to the bid form in a separate envelope, will be considered.

All bidders must be licensed for the highest amount of their bids, as provided by Section 43-07-05 of the North Dakota Century Code.

No bid will be read or considered which does not fully comply with the above provisions as to bond and license and any bid deficient in these respects submitted will be resealed and returned to the bidder immediately.

All bids will be made on the basis of cash payment for such work.

After bid opening the owner will return the bid security of all except the three lowest responsible bidders. When the contract is awarded, the remaining unsuccessful bidders’ bonds will be returned.

The owner reserves the right to reject any and all bids, and further reserves the right to award the contract in the best interests of the owner. The owner reserves the right to hold the three low bids for a period of thirty (30) days after the date of the bid opening.

Dated this, the eighth day of July 2009.

Minnewaukan Public School District

By: Myron Jury, Superintendant

(Publish July 8, 15 and 22, 2009)

EDUCATION STABILIZATION

FUND DOLLARS

NOTIFICATION OF

NON-REPLACEMENT

MINNEWAUKAN SCHOOL DISTRICT PUBLICATION OF NOTICE As required by Section 4 of HB 1400, passed by the 61st Legislative Assembly, please consider this memo as official notification that ".

. . any education stabilization fund dollars received by the district as a result of the American Recovery and Reinvestment Act of 2009 must be used first to restore funding deficiencies in the 2009-10 school year when compared to the 2005-06 school year and that any additional dollars received under the American Recovery and Reinvestment Act of 2009 must be used for one-time nonrecurring expenditures because this state is not responsible for replacing that level of funding or otherwise sustaining that level of funding during the 2011-13 biennium."

The legislation further requires that "during the thirty-day period following receipt of the notification, the superintendent of each school district shall arrange to publish the notice at least twice in the official newspaper of the district."

(Publish July 8 and 15, 2009)

OF THE BOARD OF

COUNTY COMMISSIONERS

BENSON COUNTY

NORTH DAKOTA

June 16, 2009

The Benson County Commissioners met in regular session on Tuesday, June 16, 2009 at 8 a.m. in the Commissioners’ Room of the Benson County Courthouse in Minnewaukan. Commissioners present were Jason Lee, Curtis Hvinden, Lowell Haagenson, David Davidson and Michael N.

Steffan. The meeting was called to order by Chairman Lee. Also

present was Richard Peterson of the Benson County Farmers Press.

A motion was made by Haagenson, seconded by Davidson, to approve the minutes from the regular meeting of June 2, 2009. All members voted yes. The motion carried unanimously.

Steven J. Rohrer, Benson County Sheriff, met with the board. He updated the board on the process of hiring a new deputy for his department. He discussed the policing contract between the county and the city of Minnewaukan. He commented on the contract changes the city is requesting. The board concluded the changes were acceptable.

A motion was made by Haagenson, seconded by Steffan, to appoint Lisa Wold as Workforce Safety risk manager to replace Wanda Teigen. All members voted yes. The motion carried unanimously.

A motion was made by Steffan, seconded by Hvinden, to grant Randy Thompson authority to sign conservation easements as an alternate transferee. All members voted yes. The motion carried unanimously.

A motion was made by Haagenson, seconded by Steffan, to reappoint Donald Hanson to the Benson County School Reorganization Board. All members voted yes. The motion carried unanimously.

State’s Attorney James P. Wang came to the meeting at 8:27 a.m.

Davidson explained the outcome of the meeting held on June 2, 2009 between the Spirit Lake Tribe and the ND DOT regarding the materials tax assessed on projects on the reservation.

The board discussed the homes in Minnewaukan which are eligible for buyout through flood insurance.

Highway Superintendent Don Trnka met with the board. He discussed having the board appoint a new applicant agent for the 2009 flood disaster, as Gene Hager was appointed to fill the position until July 1, 2009. Trnka said state FEMA has completed the assessment on approximately 15 townships, however, no townships have been approved to date. Trnka discussed repair of the bridge on the Brinsmade Road.

He stated a choice may ultimately need to be made as to which bridge will remain open between the bridge on Old Hwy. 281 and the bridge on the Brinsmade Road. Haagenson suggested scheduling a meeting with Ramsey County to get additional input as many people living along Old Hwy. 281 are residents of Ramsey County.

Trnka also presented information on equipment rental rates. He presented the board with proposed rental rate increases. He stated transmission and brake repairs were made to the truck in Maddock. He commented that another dump truck is in need of transmission and brake repair. He suggested possibly purchasing a different truck rather than putting money into repairing the 1981 truck.

Trnka stated interviews were held for the secretary position at the highway department. He stated eight applications were received for the position. He stated when the new secretary is hired, a new computer system will need to be purchased so he has one available for his use. He presented an estimate for a computer and the software needed. Steffan made a motion, seconded by Haagenson, to allow Trnka to purchase a new computer system, provided costs do not exceed $2,500. All members voted yes. The motion carried unanimously.

Haagenson questioned what progress has been made on the 2004 flood fund. He stated he’s been working on issues involving the 2001 flood fund and did not have any updated information on the 2004 flood fund.

The board discussed whether or not it is feasible to repair the 1981 truck used by the highway department. The board concluded to discuss this issue further at the next regular meeting.

A motion was made by Haagenson, seconded by Steffan, to implement the new proposed equipment rental rates at the highway department effective August 1, 2009. All members voted yes. The motion carried unanimously. Lee commented that a limit should be set on how much a township can incur in debt to the county.

Haagenson stated a contractor donated three loads of gravel for the swimming pool in Leeds and he gave permission for the road department to spread the gravel at no charge.

The board reviewed a letter from the LRCS & RP dated June 4, 2009.

Steffan made a motion, seconded by Haagenson, to make a monetary contribution of $500 to the program. All members voted yes. The motion carried unanimously.

The board also reviewed a letter from the ND Unified Judicial System dated June 4, 2009 regarding replacement of new equipment in the courtroom.

At 10 a.m. the Tax Equalization Meeting was held for the Second and Third Commissioners’ Districts. Tax Equalization Director Ellen Huffman and Deputy Tax Equalization Director Randy Thompson presented a proposed list of changes for the districts and gave an explanation of the changes. No one appeared to protest the proposed changes. A motion was made by Haagenson, seconded by Hvinden, to approve the proposed changes for the Second Commissioners’ District. All members voted yes. The motion carried unanimously. A motion was made by Steffan, seconded by Hvinden, to approve the proposed changes for the Third Commissioners’ District. All members voted yes. The motion carried unanimously.

Following the meeting for the Second and Third Commissioners’

Districts, the Benson County Tax Equalization Meeting began. Huffman stated a new assessor is needed in Warwick Township. A motion was made by Haagenson, seconded by Davidson, to approve changes made by the county for Warwick Township for 2009 and to have Huffman send a letter to the Warwick Township Board indicating it will need to hire an assessor for 2010. All members voted yes. The motion carried unanimously.

Huffman requested a new value be placed on parcel #41-0004-09821-000 which is former church property in Esmond City. Huffman indicated the value should be prorated for eight months for the 2009 tax year. A motion was made by Steffan, seconded by Davidson, to place the proposed value on the property. All members voted yes. The motion carried unanimously.

Haagenson indicated he received a complaint regarding the value on parcel #43-0008-10320-010 in the City of Leeds. Discussion as held on this issue. A motion was made by Hvinden, seconded by Steffan, to keep the value as currently assessed. All members voted yes. The motion carried unanimously.

Huffman indicated the county needs to raise the agricultural values between three and seven percent to comply with state requirements.

This would include raising the values for the Peterson Coulee, Game and Fish and in lieu state land. A motion was made by Hvinden, seconded by Steffan, to raise the agricultural values by seven percent. All members voted yes. The motion carried unanimously.

Huffman informed the board that 724.54 farmland acres were lost due to flooding with a farm value of $156,820.

Huffman recommended no changes for the residential values.

She stated new lots/construction resulted in an increase of

$1,369,324 and commercial values were increased by $2,704,558. She also stated there was an overall increase of $3,917,062 in new construction or change in category for the county.

The meeting adjourned at 11:05 a.m.

Bonnie Erickson

Benson County Auditor

Jason Lee

Chairman

MINUTES OF REGULAR MEETING

MADDOCK CITY COUNCIL

June 1, 2009

A regular meeting of the Maddock City Council was called to order by Mayor Rodney Maddock at 7 p.m. on Monday, June 1, 2009 at city hall.

Present for roll call were council members Kent Neppl, Kay Feig, Marilyn Allan and Larry Summers. Also present were Frank Mosser, Keith Winson, Ned Mitzel, Debbie Tracy, Dale Olson and Mark Lithun.

A motion was made by Summers, seconded by Neppl, to approve the minutes of the May 4, 2009 regular meeting. The motion carried.

A motion was made by Allan, seconded by Summers, to approve the bills. The motion carried. Bills approved were:

Employee wages $7,284.66

Farmers Union Ins. 11,168.00

Ag Resources 6,550.00

Benson Co. Farmers Press 174.25

BlueCross BlueShield 2,341.30

Border States Elec. Supply 382.69

Clute Office Equip., Inc. 224.99

Debbie Tracy 172.81

Economic Develop. Assn.

of North Dakota 100.00

Frank Mosser 96.40

Gus’s Auto 47.76

Harlow Co-op Elevator 6.46

Home of Economy 20.55

Lake Lumber, Inc. 40.00

Maddock Community

Library 18.25

Maddock EDC c/o Rod

Maddock 250.00

Maddock EDC 225.00

Maddock EDC 1,785.32

Maddock Mini Mart 1,049.95

Maddock Park Board 25.00

ND Dept. of Health 895.68

ND Health Laboratory 16.00

ND Surplus Property 40.00

Northern Improvement Co. 420.00

Northern Plains Elec. 25,593.71

ND Telephone Co. 431.14

One Call, Inc. 1.30

Rough Riders Industries 18.33

Schmaltz’s Greenhouse 2,886.64

Double M Sanitation 3,575.00

Tracy’s Market 38.61

Visa 789.76

Farmers Union Oil Co. 263.63

National Child Safety

Council 210.00

ND State Tax

Commissioner 122.79

Ramsey National Bank 1,866.02

Western Area Power 5,243.82

Dale Olson was present to request a change in his building permit approved in October 2008. A motion was made by Neppl, seconded by Summers, to reapprove the permit. The motion carried.

Olson would also like to purchase Lot 3 from the city for $500. A motion was made by Allan, seconded by Feig, to approve the purchase of Lot 3. The motion carried.

A motion was made by Summers, seconded by Neppl, to amend that motion so it reads that the city will sell Lot 3 up to the trees, but will not sell Moose Creek and the land adjacent to the bus barn. The motion carried.

Mark Lithun with Double M Sanitation visited with the council regarding the use of dumpsters at residential homes. A motion was made by Neppl, seconded by Summers, to charge a dumpster fee of $20/tip for this service. The motion carried. This charge will go into effect July 1, 2009.

A motion was made by Summers, seconded by Feig, to give a 2% cost of living wage increase to all city employees, with the exception of seasonal employees. The motion carried.

Debbie Tracy, Maddock Community Development director, was present and reported on the Energy Summit Conference she attended in Bismarck.

She is currently working on the completion of the Multi-Purpose Building.

A motion was made by Feig, seconded by Allan, to allow the Active Women of Maddock to sell fireworks in the gray city shop. The motion carried.

A motion was made by Allan, seconded by Summers, to approve a $210.00 donation to the National Child Safety Council. The motion carried.

An application for a dance permit for a private wedding reception at the Community Center for Beierle/Bush was presented. A motion was made by Summers, seconded by Feig, to approve the application. The motion carried.

The Maddock Bar requested a liquor/dance permit for a street dance June 27. A motion was made by Allan, seconded by Feig, to approve the request. The motion carried.

Two applications for liquor permits were presented from the Benson County Rodeo Assn. One was for the Knatterud/Eversvik wedding dance and the other for the 4th of July Celebration dance. A motion was made by Allan, seconded by Feig, to approve both applications.

Three applications for building permits were presented, one each for James Lyell, Cindy Jelle-Ray and Lee Hagen. A motion was made by Allan, seconded by Neppl, to approve the applications. The motion carried.

The next meeting will be held on Monday, July 6, 2009 at 7 p.m.

There being no further business, the meeting adjourned.

Pamela Lee

City Auditor

Rodney Maddock

Mayor

MINUTES OF SPECIAL MEETING

MADDOCK CITY COUNCIL

June 4, 2009

A special meeting of the Maddock City Council was called to order by Mayor Rodney Maddock at 7 p.m. on Thursday, June 4, 2009 at city hall. Present for roll call were council members Kent Neppl, Marilyn Allan and Larry Summers. Absent was Kay Feig.

The reason for the special meeting was to consider the purchase of Neva Zimmerman’s building. A motion was made by Summers, seconded by Neppl, to offer Neva Zimmerman $20,000 for the building and lots, with the intention of selling it to start a new business. The motion carried.

A motion was made by Neppl, seconded by Allan, to give all full-time employees July 3rd off with pay. The motion carried.

There being no further business, the meeting adjourned.

Pamela Lee

City Auditor

Rodney Maddock

Mayor

MINUTES OF SPECIAL MEETING

MADDOCK CITY COUNCIL

June 24, 2009

A special meeting of the Maddock City Council was called to order by Mayor Rodney Maddock at 5 p.m. on Wednesday, June 24, 2009 at city hall. Present for roll call were council members Kay Feig, Marilyn Allan and Larry Summers. Absent was Kent Neppl. Others present were Frank Mosser and Keith Winson.

The reason for the special meeting was to review bids from two contractors for repairing the soft spots on 1st Street in preparation for the seal project in July.

There being no further business, the meeting adjourned.

Pamela Lee

City Auditor

Rodney Maddock

Mayor

MINUTES OF SPECIAL MEETING

MADDOCK CITY COUNCIL

June 25, 2009

A special meeting of the Maddock City Council was called to order by Mayor Rodney Maddock at 11 a.m. on Thursday, June 25, 2009 at city hall. Present for roll call were council members Marilyn Allan and Larry Summers. Absent were Kent Neppl and Kay Feig.

The reason for the special meeting was to discuss the seal coat project for 1st Street and which contractor is going to repair the soft spots. A motion was made by Summers, seconded by Allan, to hire the same contractor as Benson County to repair the soft spots and Morris Seal Coat to do the chip sealing at the same time the company does the county project. The motion carried.

There being no further business, the meeting adjourned.

Pamela Lee

City Auditor

Rodney Maddock

Mayor

ORDINANCE NO. 7

CITY OF WARWICK

The City of Warwick has adopted a new Ordinance No. 7 to replace the old Ordinance No. 7 which was adopted October 3, 1919. The new Ordinance No. 7, adopted on June 1, 2009, is as follows:

CHAPTER ELEVEN

ANIMALS AND FOWL

ARTICLE 1 — General Regulations

11.0101 Cruelty — Penalty

No person may cruelly treat any animal in the city. Any person who beats, underfeeds, overloads or abandons any animal shall be deemed guilty of an offense for which the maximum penalty shall be a fine of five hundred dollars ($500.00), thirty (30) day imprisonment, or both such fine and imprisonment. (Source: North Dakota Century Code Section 36-21.1-02)

11.0102 Dangerous Animals

It is unlawful to permit any dangerous animal or vicious animal of any kind to run at large within the city. Exhibitions or parades of wild animals may be conducted only upon securing a permit from the chief of police. It is also unlawful to keep or harbor within the city any dangerous animal without first having obtained a permit to keep or harbor such animal from the chief of police.

11.0103 Permit — When Issued

The chief of police shall have discretion as to whether or not to issue a permit pursuant to Section 11.0102. If the chief of police shall refuse to issue a permit, the decision may be appealed to the city governing body. No permit shall be issued without first obtaining a description of the animal, the name of the owner or person in charge, the purpose for which the animal is kept, and such other pertinent information as the chief of police may determine. Any dangerous animal kept or allowed to run at large without the owner or keeper having first obtained a permit in compliance with this section is hereby declared a nuisance and the owner or keeper is guilty of a violation of this article.

11.0104 Killing Dangerous Animals

The members of the police department or any other person in the city are authorized to kill any dangerous animals of any kind when it is necessary for the protection of any person or property.

11.0105 Diseased Animals

No domestic animal afflicted with a contagious or infectious disease shall be allowed to run at large, or to be exposed in any public place whereby the health of man or beast may be affected; nor shall such diseased animal be shipped or removed from the premises of the owner thereof, except under the supervision of the chief of police or the health officer.

It is hereby made the duty of the health officer to secure such disposition of any diseased animal and such treatment of affected premises as to prevent the communication and spread of the contagion or infection, except in cases where the State Department of Health is empowered to act.

11.0106 Housing

No person shall cause or allow any stable or place where any animal is or may be kept to be unclean.

11.0107 Keeping of Certain Animals Prohibited It is unlawful to keep any live sheep, swine or pigs, cattle, chickens or other poultry, goats, or rabbits in the city. This section shall not apply to any person, partnership or corporation keeping or handling such animals under consignment in the course of regular business or to a licensed livestock auction market.

11.0108 Strays

It is unlawful to permit any cattle, horses, sheep, swine, goats or poultry to run at large in the city; and any such animal running at large in any public place in the city shall be impounded. It is also unlawful to picket or tie any such animal in any of the streets of the city for the purpose of grazing or feeding.

11.0109 Noises

It is unlawful to harbor or keep any animal which habitually disturbs the peace by loud noises at any time of the day or night.

11.0110 Penalty

Any person who violates the provisions of this article for which a specific penalty is not otherwise provided shall be guilty of an infraction for which the maximum penalty is a fine of five hundred dollars ($500.00). The owner of any animal impounded pursuant to the provisions of this article shall pay all costs and charges assessed for such impoundment before such animal may be released to the owner.

ARTICLE 2 — Dogs

11.0201 License Required

No dog over one month of age shall be permitted to be or remain in the city without being licensed as provided in this Article. It shall be the duty of the owner or keeper of any dog kept within the city to have the dog inoculated against rabies and proof thereof must shown to the person issuing the license before a license may be issued.

11.0202 Licensing Procedure and Terms

All dogs shall be registered as to sex, breed, name and addressees of owner and name of dog. Licenses shall be issued by the council members or other authorized person on an annual basis. The person paying the license fee shall receive a receipt therefore and a license tag with which to mark the animal. It shall be the duty of the owner or keeper to cause such license tag or to be securely attached around the animal’s neck and kept there at all times during the license period.

11.0203 License Fee

The license fee shall be $10.00 annually for each male dog and each female dog.

11.0204 License: When Due and Payable. The license fees or renewal fees previously provided for shall become due and payable on the 1st day of September in each year and shall become delinquent on the 1st day of January in each. If the fee is not paid before the first day of January a penalty of $50.00 shall be added to the license or renewal fee.

11.0205 Dog Running at Large Prohibited

It shall be unlawful for the owner or keeper of any dog to permit the same to run at large in the city at any time. A dog shall not be considered running at large if attended and on a leash or when in the confines of the owner’s or keeper’s premises.

11.0206 Disposition of Unlawful Dogs

Any unlicensed dog or any dog running at large may be taken up by any police officer and impounded at a city dog pound, or such other place as may be designated by the governing body. The dog shall not be released to any person until such dog is licensed (if unlicensed); a fee of $50.00 is paid for the taking of each animal, and all pound charges are paid directly to the facility where the dog is housed.

11.0207 Disposition of Unclaimed Dogs

The owner or keeper shall be notified of the taking of the dog. If the owner or keeper fails to pay the charges (including license if

necessary) and claim the animal within three days of notification the animal may be destroyed. If the owner or keeper is unknown, the council members shall give public notice of the taking of the animal before it is destroyed or otherwise disposed of.

11.0208 Return to Owner if Known

Notwithstanding the provisions of Section 11.0206, if a dog is found at large and its owner can be identified and located, such dog need not be impounded but may, instead, be taken to the owner. In such case the policeman or other officer may proceed against the owner or keeper for violation of this article.

11.0209 Noisy Dog Prohibited

It shall be unlawful to keep or harbor within the city any dog that disturbs the peace by habitually howling, barking, whining, or making other disagreeable noise. Any person wishing to file a complaint shall be required to give his name and address and sign a complaint.

11.0210 Nuisance — When any licensed dog, any dog running at large, any dog disturbing the peace, or any dog molesting passers by, chasing vehicles or trespassing upon private property is hereby declared to be a nuisance.

11.0211 Penalty

Any person violating any provision of this article shall be guilty of an infraction and be fined not to exceed five hundred dollars ($500.00).