PUBLIC NOTICE STATE OF NORTH DAKOTA OF NELSON COUNTY, IN THE DISTRICT COURT In the Matter of the Estate of Mary Lavonne Franzen a/k/a Mary Franzen, Deceased Probate No. 32-09-P-19 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN, that the undersigned have 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 Marie Pozarnsky and B. Charles Franzen, personal representative of the estate, at P.O. Box 100, Mandan, ND 58554-0100, or filed with the Court. Dated this 3rd day of August, 2009. /s/Marie Pozarnsky Marie Pozarnsky, Personal Representative /s/B. Charles Franze B. Charles Franze, Personal Representative Thomas B. Bair (ID #04263) BAIR, BAIR & GARRITY, LLP Attorneys for Personal Representative 210 First Avenue NW, P.O. Box 100 Mandan, ND 58554 (701) 663-6568 First publication on the 12th day of August, 2009. 8/12, 19, 26 - 604380 Name, Address and Telephone Number of Attorney. Melvin L.Webster (ND Bar ID #04226) WEBSTER LAW OFFICE 418 E. Rosser Ave., Suite 115 PO Box 1338 Bismarck, ND 58502-1338 (701) 255-3523 Attorney for: Personal Representative Probate No. 08-09-P-163 STATE OF NORTH DAKOTA OF BURLEIGH COUNTY, IN THE DISTRICT COURT In the Matter of the Estate of ALLAN JOHN THOMAS, Deceased NOTICE TO CREDITORS 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 Shelli Jo Thomas, Personal Representative of the Estate, at 2151 Albert Avenue, South Lake Tahoe, California 96150, or filed with the Court. Dated this 31st day of July, 2009. /s/Shelli Jo Thomas Shelli Jo Thomas, Personal Representative First publication on the 5th day of July 2009. 8/5,12,19 - 604354 IN DISTRlCT COURT, COUNTY OF BURLEIGH, STATE OF NORTH DAKOTA Vogel Law Finn, Ltd. Plaintiff, vs. Panda Petroleum, Inc. Defendants. Civil No. 08-09-C-01630 AMENDED SUMMONS THE STATE OF NORTH DAKOTA TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED and required to appear and defend against the Complaint in this action, a copy of which is on file with the Burleigh County Clerk of District Court, by serving upon the undersigned an answer or other proper response within twenty (20) days after the service of this Amended Summons upon you, exclusive of the day of service. Ifyou fail to do so, judgment by the plaintiff will be taken against you for the relief demanded in the Complaint flied in the office of the Clerk of District Court, in and for Burleigh County, North Dakota. Dated this 13 day of July, 2009. VOGEL LAW FIRM.
BY: Steven A. Johnson Steven A. Johnson (ID 04633) 218 NP Avenue P.O. Box 1389 Fargo, ND 58107-1389 (701) 237-6983 ATTORNEYS FOR PLAINTIFF 8/5,12,19 - 604352 REQUEST FOR BIDS NORTH DAKOTA DEPARTMENT OF TRANSPORTATION REQUESTS BIDS FOR construction of a 60' X 100' maintenance storage building at Bottineau, ND. Sealed bids will be received by the North Dakota Department of Transportation (NDDOT) in Room 330 of the Transportation Building located on the Capitol Grounds in Bismarck, ND, until 11:00 A.M. CDT, on Thursday, September 10, 2009 at which time and place they will be publicly opened and read. Bids shall be sealed and endorsed "Sealed Bids for Maintenance Storage Building, Bottineau Section". Late bids will be returned unopened. No bid may be read or considered if it does not fully comply with the requirements of North Dakota Century Code Section 48. Any deficient bid submitted will be resealed and returned to the bidder immediately. Bids shall be submitted on exact copies of the bid form provided in the ITB. Bids shall be accompanied by a bidder’s bond in the sum equal to five percent of the total 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 the principal, the principal, within ten days after notice of award, shall execute a contract in accordance with the terms of the bid and a contractor’s bond as required by law and the regulations of NDDOT. Contractors submitting a bid must be licensed for the full amount of the bid, as required by NDCC Section 43-07-05. Bidder’s bond and a copy of the Bidder’s license or certificate of renewal shall be placed together in a separate envelope, and this envelope shall be attached to the outside of the envelope containing the bid. NDDOT reserves the right to reject any or all bids. Copies of the bid package may be obtained from James Martin, P.E., Facilities Engineer of the Maintenance Division, North Dakota Department of Transportation, 608 East Boulevard Avenue, Bismarck ND 58505-0700; email at email@example.com; telephone (701) 328-2549 or facsimile (701) 328-4623. 8/12, 19,26 - 604381 NOTICE OF HEARING N.D. INDUSTRIAL COMMISSION OIL AND GAS DIVISION The North Dakota Industrial Commission will hold a public hearing at 9:00 a.m. Friday, September 04, 2009, at the N.D. Oil & Gas Division, 1016 East Calgary Ave., Bismarck, N. D. At the hearing the Commission will receive testimony and exhibits. Persons with any interest in the cases listed below, take notice. PERSONS WITH DISABILITIES: If at the hearing you need special facilities or assistance, contact the Oil and Gas Division at 701-328-8038 by Saturday,August 22, 2009. STATE OF NORTH DAKOTA TO: Case No. 11537:Application of Petro-Hunt, LLC for an order establishing a 1280-acre spacing unit for the North Tioga-Bakken Pool consisting of Section 31, T.160N., R.94W., and Section 6, T.159N., R.94W., Burke County, ND, for purposes of drilling an additional horizontal well in the Bakken Pool and such other relief as is appropriate. Case No. 11538:Application of Petro-Hunt, LLC for an order allowing a second well to be drilled on a 1280-acre spacing unit for the North Tioga-Bakken Pool described as Sections 20 and 29, T.159N., R.94W., Burke County, ND and such other relief as is appropriate. Case No. 11539: Application of Baldwin Exploration Corp. for an order establishing
a drilling unit consisting of either the W/2 NE/4 and E/2 NW/4 of Section 34 or the N/2 of Section 34, T.157N., R.91W., Mountrail County, ND, and allowing a horizontal well to be drilled in the Madison Formation at any location not closer than 500 feet to the boundary of the drilling unit and such other relief as is appropriate. Case No. 11540: Application of Slawson Exploration Co., Inc. for an order allowing production from the Meerkat #1-7H and Meerkat #1-12H wells, SESE Section 12, T.152N., R.92W., Sanish Field, Mountrail County, ND, to be produced into the Meerkat Central Tank Battery or production facility, SESE OF said Section 12, pursuant to the provisions of NDAC § 43-0203-48 and such other relief as is appropriate. Signed by, John Hoeven, Governor Chairman, ND Industrial Commission 8/19 - 604409 STATE OF NORTH DAKOTA PUBLIC SERVICE COMMISSION Halstad Telephone Company Designated Eligible Carrier Application Case No. PU-08-872 NOTICE OF OPPORTUNITY FOR HEARING January 14, 2009 HTC Services, Inc. (HTC) was a wholly owned subsidiary of Halstad Telephone Company (Halstad). HTC provided telecommunications services as a competitive local exchange carrier in the Hillsboro, ND exchange. HTC was designated as an eligible telecommunications carrier (ETC) and was eligible to receive federal universal service funding for the Hillsboro exchange service area. Effective December 31, 2008, the assets of HTC were to be transferred into Halstad, and HTC would be dissolved. On November 3, 2008 Halstad Telephone Company (Halstad) filed an Application for Expansion of its Eligible Telecommunications Carrier (ETC) Designated Geographical Service Area to include the Hillsboro exchange in North Dakota. On December 19, 2008, Halstad filed a revision requesting that the Commission grant a separate ETC designation to Halstad for the Hillsboro exchange service area for its activities as a competitive local exchange. Issues to be considered in this matter are: 1. Qualification of the applicant under the Telecommunications Act of 1996, Section 214(e) for designation as an ETC eligible to receive federal universal service funding. 2.What ETC universal service support area should be designated. 3. Whether, upon designation of Halstad as an ETC for the Hillsboro exchange, the designation of HTC as an ETC for the Hillsboro exchange should be relinquished. 4.The public Interest. Those interested are invited to comment on the application in writing. Persons desiring a hearing must file a written request identifying their interest in the proceeding and the reasons for requesting a hearing. Comments and requests for hearing must be received by February 27, 2009. If deemed appropriate, the Commission can determine the matter without a hearing. For more information, or if you require any auxiliary aids or services, such as readers, signers, or Braille materials, contact the Public Service Commission, State Capitol, Bismarck, North Dakota 58505, 701-3282400; or Relay North Dakota 1-800-3666888 TTY. PUBLIC SERVICE COMMISSION Tony Clark, Commissioner Kevin Cramer, President Brian P. Kalk, Commissioner 8/19 - 604407 United Tribes Technical College (UTTC) in Bismarck, North Dakota is seeking qualification statements from engineering firms to provide design and final drawings for a bike/walking trail on UTTC property. This project is estimated to cost $214,000.00. NDDOT is providing $174,876 as part of the Transportation Enhancement Program
(TE). UTTC will be using USDA funding for the rest of the cost of the project. At this juncture no other private or public dollars will fund this program. This notice invites firms and joint ventures that meet preselection criteria and selection criteria. Pre-selection criteria: (1) firms or joint ventures must provide proof of license to conduct business and operate within North Dakota. (2) Firms or joint ventures must provide proof of insurance and bonding; and firms or joint ventures must provide proof (certification) that their principals or firms are not debarred, suspended or found ineligible to participate in transactions with the federal government. Selection Criteria: (1) List North Dakota/federal government projects previously completed successfully; (2) list any successful projects you have completed with the ND DOT; (3) list qualification and experience of principles and other staff will will work directly with this project; (4) provide portfolio of walking trail designs; (5) list experience and knowledge of walking trail design; (6) list successful experience working in tribal communities; (7) discuss successful experience working on college campuses; (8) describe capacity and strategies employed to complete projects on time and within budget; (9) provide three reference letters with full contact information for previous projects completed successfully; (10) describe previous projects worked on in the Bismarck/Mandan area and your knowledge of this area. Firms that do not satisfy the pre-selection criteria will not be considered. Those firms that meet the pre-selection criteria will be evaluated under the selection criteria. UTTC will award 10 points for each of the selection criteria based on the applicant’s demonstration of experience completing successful projects and the experience in the selection criteria. UTTC reserves the right to reject and all application packages. Indian preference may be applied if appropriate. Those that are interested in submitting an application package may send 3 copies of their qualification statements to: Mr. Russel Swagger Vice President Student and Campus Services 3315 University Drive Bismarck, North Dakota 58504 Packages must be received in Mr. Swagger’s office no later than 5:00 pm CST on August 28, 2009. Packages may be hand delivered to the United Tribes Technical College’s Presidential Hall.You may call for directions to the building at (701) 255-3285 extension #1260 or #1266. You may contact Mr. Russell Swagger at firstname.lastname@example.org only if you have questions regarding the application. Only those responding within the time frame will be considered. Negotiations will be conducted with the three most highly ranked firms beginning with the highest ranked firm and in descending order until an agreement can be reached. UTTC’s ranking of firms is final. 8/5,12,19 - 604359 CITY OF LINCOLN COUNCIL MEETING August 6, 2009 The regular meeting of the Lincoln city council was called to order by Council President Karen Daly at 7:00 pm, at the Lincoln Community Center, 74 Santee Road, Lincoln, ND. Members present include: Horning, Johnston, Wagner, Urlacher, and Unterseher. Mayor Christmann absent. Minutes for July 9 and July 14 2009 --1st motion—Unterseher—approval of minutes --2nd motion—Wagner All members present approve and motion carried. Lighting Concerns Dakota Breeze/ Wheatland Hills Nadir Torres, developer for Wheatland Hills, and Chuck Schaan, developer for Dakota Breeze, where present to discuss the decorative lighting required of their developments with the council. Last year in July the council voted to adopt the decora-
tive lighting presented by Wheatland Hills and to make it standard for all development west of 66th East of 52nd and North of Dolan Drive. This would include Dakota Breeze. Chuck Schaan would like to know if the council would consider anything other than the concrete pole presented by Torres. Auditor and City Engineer expressed that maybe the board would like to adopt an ordinance so we have something in place that would allow for the 2 different types of lighting we would allow, specs for those lights, and a plan of installation for the lighting and if it would be under a third party agreement. --Urlacher moved to table the discussion until next month so we could have the specs of the lighting 7:15 pm Public Hearing for the annexation of Capital Electric/Bismarck Public School land Council meeting closed and public hearing opened for comment. No comments heard. Public hearing closed council meeting opened. --1st motion—Urlacher—to approve the resolutions (2 separate resolutions to describe each parcel of property) of annexation for Bismarck Public School and Capital Electric property --2nd motion—Unterseher All members present approve. Terry Mauch from Mauch Subdivision Council President told Mr. Mauch that the Mayor, P&Z Chairman, and ETA liason from P&Z visited the Mauch property and found him to be in compliance. Liquor license and food permit request for Cenex Cy Fix, Cenex, was present to discuss the application for Class A, Off-Sale, liquor license and food permit for the future Lincoln Cenex. They would like to be open mid November. --1st motion—Urlacher—approval of liquor and food permits pending proper fees submitted based on actual opening dates. --2nd motion—Wagner All member present approve and motion carried. Poker Permit Application Poker permit application presented by the Dennis Ressler Benefit Fund to be held on August 22nd at the Tumbleweed --1st motion—Wagner-to approve the application --2nd motion—Urlacher All members present approve and motion carried. Second Reading and Final passage of the weed control ordinance --1st motion—Unterseher—to approve second reading and final passage --2nd motion—Urlacher All members present approve and motion carried. Boulevard ordinance Corey Silvernagel, resident of Lincoln, was present to distribute to the council a list of items he made for uses in the boulevard other than hardy grass, which is what the ordinance currently states. The list of items will be taken into consideration by the City Attorney when rewriting the boulevard ordinance for the first reading in September. Second Reading and Final passage for the tree ordinance --Wagner would like to table the second reading until September so the board can review Resolution for Tax Exemption 2009-5 --1st—Wagner—to establish the two year tax exemption at $75,000 for new homes/townhouses --2nd motion –Urlacher All members present approve and motion carried. Tax Exemptions 2 year tax exemption for 1117 and 1113 Lakota Lane and Disabled Veteran Exemption for 07 & 08 for 99 Benteen Drive --1st motion—Johnston—to approve exemptions --2nd motion—Horning All members present approve and motion
carried. Daly left meeting and Mayor Glenn Christmann took over presiding. Old Squad Car Council man Urlacher wanted to discuss the use of the old squad car. Discussion on have the future building inspector use it depending on circumstances and having the city employees use it for city business. --1st motion—to have the city employees use the car for city business unless otherwise approved by their portfolio holder --2nd motion—Johnston All members present and motion carried. Terry Mauch, with Apple Creek Township, will be getting the name of their new Building Inspector for the city. Portfolios --Daly—Budget is here and will be presented at next months meeting --Wagner—looking at the drainage on McDougall so it doesn’t build up on Chance Drive. Checking on if we can set up with Waste Management for the tree/grass to be dumped on regular basis. --Urlacher— Talking with Ken Selzer, Chairman for Apple Creek Township, on the culvert that was to be installed by North Benteen and Lincoln Road. Mayor Christmann will be taking over on this since he worked with Brian Bittner prior to him leaving the township. The electrician will be here by end of August to install the surveillance cameras. The city website is being converted to Microsoft Sharepoint and the office staff will be trained on updating. Urlacher went to the fire hall meeting and they are talking about expansion of the hall. Mayor Christmann asked Horning if he would like the Rural Fire Portfolio back since he had it before he was deployed and he said that he was ok with Urlacher keeping it. --Unterseher— the park’s meetings will be back to Tuesday night at the shelter. The new park board member, Heather Lemoine, is working hard to find grant to improve the parks. Applications were received for Chief of police and the 2 portfolio holders will be getting interviews set up. --Horning— Checked yards for beautification and compliance.Would like to see East Lincoln Fourth Lots cut. --Johnston—Activity report was given to the board and Officer Hale is working on grants for the new radar. --Wagner—working with Capital Electric on installation of new street lights and the areas of town where lighting is poor. A lighting analysis was done by KLJ to show areas that are lacking in light. Forty poles will be installed by winter. --Christmann—Looking for a bobcat with a snow blower, buck and broom for public works. City Engineer was present to discuss the proposed plans for North McDougall and Dolan Drive. He will go through the plans and be in touch with both sides. City Attorney was present to discuss the sink hole on 28th Ave. He sent a preliminary letter informing them of the flaw, Northern Improvement feels like it is a Capital Electric trench that failed. The city would like the attorney to charge the performance bond. Attorney will write a letter to that effect and carbon it to Nadir Torres and Houston Engineering. Motion to Pay Bills --1st Motion–Urlacher—to approve bills --2nd motion--Unterseher All members present approve and motion carried. Motion to Adjourn --1st Motion – Johnston-to adjourn --2nd Motion – Wagner All members present approve and meeting adjourned. Minutes submitted by Auditor, Melanie Kitzan, and are subject to review and revision by the governing body. 8/19 - 604408
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