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PUBLIC NOTICE STATE OF NORTH DAKOTA COUNTY OF BURLEIGH IN DISTRICT COURT SOUTH CENTRAL JUDICIAL DISTRICT IN THE MATTER OF THE ESTATE OF HERBERT A. SCHIMMELPFENNIG PROBATE NO. 09-P-0193 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed personal representative of the above-named estate. All persons having claims against the said deceased are required to present their claims within three (3) months after the date of the first publication of this notice or said claims will be forever barred. Claims must either be presented to David Schimmelpfennig, personal representative of the estate, at 4409 4th S1. South, Moorhead, MN 56560, or filed with the Court. Dated this 16th day of September 2809. /s/David Schimmelpfennig David Schimmelpfennig Personal Representative 4409 4th St. South Moorhead, MN 56560 Sean O. Smith 1.0. # 03741 Tschider & Smith Professional Bldg. 418 E. Rosser Ave.-Suite 200 Bismarck, ND 58501 Attorney For Estate First publication on the 23rd day of September 2009. 9/23, 30 & 10/7 - 604563 Michael J. Maus ) HARDY, MAUS &: NORDSVEN, P. C. ) 137 1st Avenue West, P. O. Box 570 ) Dickinson, ND 58602 ) Telephone No. 483-4500 ) Attorneys for Personal Representative ) STATE OF NORTH DAKOTA COUNTY OF BURLEIGHIN DISTRICT COURT SOUTH CENTRAL JUDICIAL DISTRICT In the Matter of the Estate of DARLENE B. RUSTAD, Deceased. Probate No. 08P-171 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 Adrian L. Reichenberg, Personal Representative of the estate, at 137 First Avenue West, Dickinson, North Dakota, or filed with the Court. Dated this 13th day of Aug, 2009 /s/Adrian L. Reichenberg Adrian L. Reichenberg Personal Representative First Publication on the 9th day of September ,2009. 9/9,16, 23 - 604496 THIS IS AN AUCTION OF ABANDONED STORAGE UNITS AND WILL BE HELD WITH AN AUCTIONEER. AUCTION WILL BE LOCATED AT 1453 INTERSTATE LOOP, BISMARCK ND. PAYMENT MUST BE PAID AT THE END OF THE AUCTION. CASH AND CREDIT CARDS WILL BE THE ONLY ACCEPTED METHODS OF PAYMENT. THE FOLLOWING UNITS: DOUG HANSEN---UNIT 1143 4111 LOCKPORT STREET 100 BISMARCK ND 58503 SASHA OSTER---UNIT 2333 2919 WINNIPEG DRIVE BISMARCK ND 58501 PRESTON JOHNSON---UNIT 2271 3315 UNIVERSITY DRIVE 245 BISMARCK ND 58504 JANEL BRITTON---UNIT 2342 414 2ND STREET WESTMCCLUSKY ND 58463 HEIDI JOHNSON---UNIT 1055 412 N13TH STREET 2 BISMARCK ND 58501 VICKY SCHNEIDER---UNIT 0210 1715 MAPLETON AVE 1 BISMARCK ND 58503 HEATHER IRON ROADJORDAN---UNIT 1193 121 LONDON AVE BISMARCK ND 58504 FAWN PACKINEAU---UNIT 1040 421 N 25TH STREET BISMARCK ND 58501 EDWARD GLORIA---UNIT 1038 433 S 10TH STREET #N BISMARCK ND 58504 KELLY KITTLER---UNIT 1031 319 102ND AVE SE 19 BELLEVUE WA 98004 BRAD GEORGESON---UNIT 1162 2037 NAGEL DRIVE BISMARCK ND 58501 BRYON BAD BRAVE---UNIT 1039 201 1ST AVE NW 112 MANDAN ND 58554 9/9, 23 - 604491 Special Education/Section 504 CHILD FIND NOTICE The following provides notice to parents and interested parties that their local school district adheres to the requirements

of the Individuals with Disabilities Education Act C.F.R. 300.125 and Section 504 of the Rehabilitation Act of 1973, Section 104.32 relating to the identification and location of qualified children with a disabilities residing in the geographic boundaries of the school district. The following measures will be taken to ensure this requirement is met and eligible children with disabilities receive a free appropriate public education under special education and Section 504. 1. All children with disabilities residing in the school geographic boundaries, including children with disabilities attending private schools, regardless of the severity of this disability, and who are in need of special education and related services, are identified, located, and evaluated. 2. Information is gathered to determine which children are currently receiving needed special education and related services. 3. The requirements apply to: a. Highly mobile children with disabilities (such as migrant and homeless children). b. Children who are suspected of being a child with a disability and in need of special education, even though they are advancing from grade to grade. The Child Find process is an ongoing program and not a single event. Efforts are constantly made to identify children not receiving services and those students who have dropped-out of school before graduation or age ceiling. The school district has an ongoing process to identify those children who are experiencing academic and/or behavioral problems that might have a disability. The school district does conduct a Child Find clinic each year to evaluate children for possible disabilities, and if necessary, conducts additional evaluations for those who are suspected as having a disability and needing services. If you have questions or want more information, please call CHILDFIND 1-800472-2286 or contact your local school superintendent, or call South Central Prairie Special Education Unit, 7542971. 9/23 - 604561 ADVERTISEMENT The Board of City Commissioners of the City of Bismarck will receive sealed bids for the construction of streetlight feedpoints and related work in Street Utility Project Number Twenty (20). All bids shall be submitted to the City Administrator by 3:00 p.m., Tuesday, October 6, 2009. Such work shall be constructed according to the specifications on file in the office of the City Administrator. Bids will be opened at 4:00 p.m., Tuesday, October 6, 2009, at the office of City Administration. The proposal must be mailed to or deposited with the City Administrator and shall be sealed and endorsed “Proposal for Construction of Streetlight Feedpoints in Street Utility Project Number Twenty (20).” The contractor shall include a copy of his license or renewal thereof enclosed in the bid bond envelope as required pursuant to Section 43-07-12 of the North Dakota Century Code, as amended. Plans and specifications are on file in the offices of City Administration and City Engineering. They may be obtained at the office of the City Engineer, 221 North Fifth Street, P.O. Box 5503, Bismarck, ND 585065503 upon a non-refundable deposit of $15.00 per set. Bids shall be made on the basis of cash payment for the work to be done. All work under this advertisement shall be started on a date to be specified in a written order from the Board of City Commissioners or no later than October 20, 2009. The contractor shall have all work fully completed no later than December 1, 2009. If the contractor fails to complete all work within this time, or such additional time as has been granted for excusable delays, there shall be deducted from any money due the contractor the sum of fifty dollars for each calendar day that the completion of the work is delayed. Such deducted amounts shall be charged as liquidated damages and not as a penalty. Each bid shall be accompanied by a separate envelope containing a bidder’s bond in the amount of five (5) percent of the amount of the bid as required by Section 40-22-20, North Dakota Century Code, as amended and executed as provided in Chapter 40-22 of the North Dakota Century Code. The Board of City Commissioners reserves the right to hold all bids for a period of thirty (30) days after the date fixed for the opening thereof and to reject any or all bids and to waive irregularities whenever it is for the best interest of the City of Bismarck. BOARD OF CITY COMMISSIONERS Bismarck, North Dakota Attest: W. C.Wocken City Administrator Dated this 14th day of September, 2009 9/16, 23, 30 - 604537 STATE OF NORTH DAKOTA IN DISTRICT COURT COUNTY OF BURLEIGH SOUTH CENTRAL JUDICIAL DISTRICT George Knapp, ) Plaintiff, ) vs. )

Sharon L. Knapp, Defendant.

) ) Civil No

SUMMONS THE STATE OF NORTH DAKOTA TO THE ABOVE-NAMED DEFENDANT: Service of the Summons upon you institutes a civil action against you. If you wish to defend against the claims set forth in the Complaint, which is herewith served upon you, or will be filed with the Clerk of Court and made available to you, you must take action within twenty (20) days after this Summons is served upon you. You may act either through an attorney or on your own behalf, by entering a personal appearance and by filing with the Court a written Answer stating your defenses or objections to the claims set forth against you in the Complaint. A copy of this Answer must be served upon the Plaintiff's attorney within twenty (20) days after the service of this Summons upon you.You are warned that if you fail to respond to this Summons and Complaint, the case may proceed without you and a judgment by default may be entered against you by the Court without further notice, for any relief claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. In accordance with Rule 8.4 of the North Dakota Rules of Court, the parties are further informed that they are subject to the following restraining provisions: 1. Neither spouse may dispose of, sell, encumber, or otherwise dissipate any of the parties’ assets, except: A. For necessities of life or for the necessary generation of income or preservation of assets; or B. for retaining counsel to carry on or to contest the proceeding. If a spouse disposes of, sells, encumbers, or otherwise dissipates assets during the interim period, that spouse shall provide to the other spouse an accounting within 30 days. 2. Neither spouse may harass the other spouse. 3. All currently available insurance coverage must be maintained and continued without change in coverage or beneficiary designation. 4. Except for temporary periods, neither spouse may remove any of their minor children from North Dakota without the written consent of the other spouse or order of the court. 5. IF EITHER SPOUSE VIOLATES ANY OF THESE PROVISIONS,THAT SPOUSE MAY BE IN CONTEMPT OF COURT. 6. These provisions are applicable to both parties upon the service of the Summons. The provisions are effective until otherwise provided by court order or written stipulation of the parties filed with the court. Dated this 15th day of September, 2009. /s/Justin Hager JUSTIN D. HAGER, P.C. Attorney for the Plaintiff 1110 College Drive, Suite 211 Bismarck, North Dakota 58501 (701) 258-0250 Bar ID#06003 9/22, 30, & 10/7- -604565 INVITATION FOR CONSTRUCTION BIDS SOUTH CENTRAL REGIONAL WATER DISTRICT Owner 10700 Hwy 1804 North Bismarck, ND 58503 Address The Board of Directors for the South Central Regional Water District (SCWD) will receive separate sealed bids for the construction of Angle Well Expansion, VFD, and Raw Water Header Piping, Contract 2009-3 at their office located adjacent to the North Burleigh Water Treatment Plant until 1:30 P.M., Local Time on the 8th day of October , 2009, where and at which time they will be privately opened. The scope of WORK generally consists of the construction of five (5) new angle wells and raw water piping from each of the five new angle wells into a raw water header pipe. The raw water header pipe will be installed from the new angle wells to the existing raw water connection tee which currently connects existing angle wells to the water treatment plant. Also included is the installation of a precast concrete manhole for each of the five (5) angle wells. WORK will include the construction o f concrete pads for each well, and the electrical wiring for each well and manhole, including the supplying and installation of Variable Frequency Drives (VFD’s) for the new angle wells. An electrical contractor as well as a general contractor will need to be included under this contract. All Bids must be made on the “Bid Form” included as part of these documents. Each BID must be accompanied by a separate envelope containing a copy of a current and valid North Dakota Contractor’s License (must have been issued at least 10 calendar days before the date of Bid opening) and a BIDDER’s Bond equal to

five percent of the full amount of the BID, executed by the BIDDER as Principal and by a SURETY, conditioned that if the Principal’s BID is accepted and the CONTRACT awarded to the Principal, the Principal, within fifteen days after notice of award, shall execute a CONTRACT in accordance with terms of the BID and a CONTRACTOR’s BOND as required by law and the regulations and determinations of the South Central Regional Water District. The Bidder is advised that the funding and/or regulatory agency for this project is (in whole or in part) the US Department of Interior/Bureau of Reclamation (BOR). Such agency requires compliance with the provisions of the American Recovery and Reinvestment Act of 2009 (ARRA). Bidders on this work will be required to comply with the Presidents Executive Order No. 11246, as amended.The requirements for bidders and contractors under this order are explained in the contract documents. Bidders on this work will be required to comply with Title 40 CFR 35.3145(d). The requirements for bidders and contractors under this regulation concern utilization of Minority Business Enterprises (MBE), Women’s Business Enterprises (WBE), and Small Business Enterprises (SBE) and are explained in the contract documents. The goal for MBE is 1% of the total dollar value of the project. The goal for WBE is 2% of the total dollar value of the project. The Owner reserves the right to hold all bids for a period of 30 days after the date fixed for the opening thereof, and to reject any or all bids, and to award the Contract, if awarded, to the Contractor with the Bid that is determined to be in the best interest and most advantageous to the Owner. PLANS and SPECIFICATIONS (Contract Documents) are on file at the offices of The South Central Regional Water District, Bismarck, North Dakota and Bartlett & West Engineers, Inc., Bismarck., North Dakota, where they may be seen and examined between the hours of 8:00 A.M. and 4:00 P.M., local time, Monday through Friday. Address of Engineer's office is: BARTLETT & WEST 3456 East Century Avenue P.O. Box 1077 Bismarck, ND 58502-1077 Telephone (701) 258-1110 Fax: (701) 258-1111 The Engineer will furnish to any prospective BIDDER a copy of such PLANS and SPECIFICATIONS (Contract Documents) at no cost. The Engineer will also supply additional copies of the Contract Documents upon receipt of $75.00 for each set of additional documents requested. Checks shall be payable to Bartlett & West Engineers, Inc. No refunds will be made. Dated this 11th day of September, 2009 /s/ Doug Neibauer Chairperson of the SCWD Board 9/16, 23,30 - 604535 BISMARCK BOARD OF CITY COMMISSIONERS UNOFFICIAL MINUTES OF SEPTEMBER 8, 2009 MEETING The Board of City Commissioners met in regular session on September 8, 2009 with the following present: Sprynczynatyk, Schwab, Seminary, Grossman and President Warford. A Chaplain of the Bismarck Police Department presented the invocation. 1. Approve minutes of regular meeting on August 25, 2009 and special meeting on August 28, 2009. Schwab moved to approve minutes of August 25th meeting. Minutes from special meeting on August 28 need to be revised and considered for approval at the September 22, 2009 meeting. Sprynczynatyk seconded. All members present voted Aye.The motion carried. 2. CONSENT AGENDA A. Approve vouchers 904183 to 904662, and payroll vouchers 248114 to 248304. B. Personnel actions. C. Approve position title and classification change for Service Operations position. D.Applications for tax abatement for: 1733 N 14th St, 522 N Bell St, 3417 Sharloh Pl # 8, 2711 N 4th St E. Renewal site authorization Bismarck Hockey Boosters at VFW All Seasons Arena. F. Public Works: Approve to grant public utility easement on City storm water lot. G. Library: Approve purchase and installation of replacement carpeting. H. Airport: Approve 60 day extension change order from Edling Electric’s “Corporate Area Hangar Development” contract. I. Human Resources: Approve request for 2009 Budget Adjustment for temp parttime office assistant. J. Call for public hearing for: Ord 5743 – relating to 2010 Budget K. Call for public hearing for: Ord 5744 – zoning change for Golfview Estates L. Call for public hearing for: Ord 5745 – zoning change for Lots 2-6, Block 1, Pearce Estates; M. Call for public hearing for: Ord 5746 – zoning change for Whispering Bay N. Call for public hearing for: Ord 5747 – annexation of Whispering Bay O. Approve Renaissance Zone Project Modification for American Bank Center. Grossman moved to approve the consent

agenda except Item K. Schwab moved to have first bullet under Item D pulled. Seminary seconded. All members voted Aye.The motion carried. Item K, Ordinance 5744 - Zoning change for Golfview Estates: Mayor Warford indicated there were many issues discussed regarding this development and concerns brought forth by Apple Creek township. Warford asked that the Board consider sending this item back to the Planning and Zoning Commission for further clarification. Schwab moved to approve the request. Grossman seconded. All members voted Aye.The motion carried. Item D, 1st Bullet – Application for tax abatement for 1733 N 14th St – Five (5) Year Remodeling Tax Exemption: Grossman moved to approve request. Sprynczynatyk seconded. All members voted Aye. The motion carried. Schwab recused himself and did not vote. REGULAR AGENDA 3. Hearing: Ordinance 5742 relating to annexation of various parcels owned by Bismarck Parks and Recreation District. Sprynczynatyk moved to adopt the ordinance. Seminary seconded.All members voted Aye.The motion carried. 4. Bis-Man Transit: request for permission to erect five shelters at various locations in Bismarck. Robin Werre presented plans to erect five shelters for the CAT. The proposed locations are: McDonald’s on Burnt Boat Dr and Tyler Pkwy; 7th Street Parking Ramp; Manchester Dr and London Ave; behind Jeanette Myhre School; and United Tribes Technical College front entrance. Seminary moved to approve the request. Grossman seconded. All members voted Aye.The motion carried. 5a. Civic Center: Bids to replace tables at Civic Center: Mity-Lite, Inc. $12,461.50 and Fireside $15,708.00. Grossman moved to award bid to Mity-Lite, Inc. Seminary seconded. All members voted Aye. The motion carried. 5b. Civic Center: Bids to upgrade the Cleaver Brooks Boiler/Burner Project: HA Thompson & Sons Base Bid $38,200 and Alternate #1 $500; Robert Gibb & Sons Base Bid $31,295 and Alternate #1 $300; and Cooling & Heating Unlimited Inc. Base Bid $30,506 and Alternate #1 $330. Grossman moved to award the bid to Cooling & Heating Unlimited, Inc. Seminary seconded. All members voted Aye. The motion carried. 5c. Civic Center: Bids to replace two Trane reciprocating compressors: HA Thompson & Sons $19,700; Robert Gibb & Sons $15,930; Cooling & Heating Unlimited, Inc. $26,609; The Trane Company $25,780. Schwab moved to award the bid to Robert Gibb & Sons. Commissioner Seminary seconded the motion. Upon roll call, the commissioners voted as follows: Ayes: Commissioners Sprynczynatyk, Schwab, Seminary, Grossman and President Warford. Nayes: None, the motion carried. 6a. Engineering Dept: Bids for Street Improvement Project 68:Alliance Concrete $89,477.50 and Knife River Corp. $100,226.75. Grossman moved to award the bid to Alliance Concrete. Seminary seconded. All members voted Aye. The motion carried. 6b. Engineering Dept: Bids for Sewer Improvement District 523: Basaraba’s Excavating $319,820.95; Robert Gibb & Sons $298,344.00; Geo. E. Haggart $287,286.50; Markwed Excavating $288,245.00; Weisz & Sons $264,816.25. Schwab moved to award the bid to Weisz & Sons. Grossman seconded. All members voted Aye.The motion carried. 6c. Engineering Dept gave update on status of River Road closure. Mel Bullinger, City Engineer, presented initial findings done by Braun Intertec on River Road. Schwab asked for timeline for work to be done. Bullinger hoped to have the work completed before winter. Seminary asked how the repairs would be funded. Bullinger said they would discuss with Finance Dept and if emergency funds were necessary, they would come to board for approval. Seminary asked if damage is primarily from flooding and if City could receive money from FEMA. Bullinger stated that was a possibility. Seminary stated he’s glad Engineering Dept. is being safe with process and not rushing it because we don’t want accidents to occur later. Bulling stated they don’t want to bandaid the road; they want to make complete repairs. 7. Police Dept: request for sole source purchase of Bomb Squad Equipment: a. Radio control assembly and power supply for Andros hazardous duty robot. Keith Witt, Police Chief, appeared/provided quote from Northrop Grumman, Remotec, Inc. for radio control assembly for $57,975.00. Grossman moved to approve request. Seminary seconded. All members voted Aye. The motion carried. b. Logos Digital Imaging System from Logos Imaging LLC. Keith Witt, Police Chief, appeared and explained portable xray system the Bomb S q u a d currently uses has become obsolete as Polaroid film is no longer available. Bomb Squad has been trained on Logos system by FBI and it is system that FBI recommended. It is only portable x-ray system designed specifically for Bomb Squad use. It is also system in use by other Bomb Squads in the state and in event of interoperability needs; it is recommended that all Bomb Squads

have same equipment. Quote received for Logos Digital Imaging System for components for system is $22,810.00. Grossman moved to approve the request. Seminary seconded. All members voted Aye. The motion carried. b. Bomb suit compatible with 2 bomb suits the Bomb Squad currently has. Keith Witt, Police Chief, appeared and explained Bomb Squad currently has 2 bomb suits manufactured by Med-Eng. Allen-Vanguard Technologies, Inc. has since purchased the Med-Eng company. These bomb suits have helmets and are wired for radio communications. This will ensure that current helmets and communications system are compatible with new suit. The quotation received from AllenVanguard Technologies, Inc is for $22,457.05. Schwab moved to approve the request. Seminary seconded. All members voted Aye.The motion carried. 8. Administrative policies for Neighborhood Stabilization Program (NSP). Sue Redman, Planner, presented proposed administrative policies for NSP. Grossman moved to approve the request. Sprynczynatyk seconded. All members voted Aye.The motion carried. ADDENDUM: Library: Considered request for bidding of shelving for Children’s Library Renovation. Schwab moved to approve the request. Grossman seconded. All members voted Aye.The motion carried. 9. Ongoing project agenda. Mayor Warford asked Commissioners to consider adding a new penny to sales tax for property tax relief and roadway special assessment payment.After much discussion, Seminary moved to instruct City Attorney to prepare a sales tax ordinance and ballot that would accomplish this.This matter will be scheduled for a future meeting. Sprynczynatyk seconded. Ayes: Sprynczynatyk, Seminary, Grossman, Warford. Nayes: Schwab. The motion carried. EXECUTIVE SESSION: Seminary moved to go into executive session. Grossman seconded. All members voted Aye. The motion carried. 10. Community Development: Executive session under NDCC Sections 44-04-19.2 & 44-04-19.1(9) for purpose of contract negotiation (purchase agreement for acquisition of real property) for the NSP program. Grossman moved to come out of executive session. Seminary seconded. All members voted Aye.The motion carried. The Board reconvened. Sprynczynatyk moved to approve the Community Development request. Seminary seconded. Ayes: Commissioners Sprynczynatyk and Grossman. Nayes: Commissioners Schwab, Seminary, and Warford.The motion did not carry. Having completed the agenda, the meeting was declared adjourned at 6:50 p.m. Payroll Checks by Fund – August 31, 2009: Pension / Trust Fund256,729.23 Payroll Checks by Fund – September 4, 2009: General Fund686,324.64 Roads & Streets/Street Lights/Fleet Services Fund89,051.40 Government Grants & Activities Fund15,148.07 Airport / Flightline Fund37,506.08 Solid Waste Utility Fund55,685.08 Water & Sewer Utility Fund96,464.36 Accounts Payable Checks by Fund – September 8, 2009: General Fund295,037.51 Arena Exhibit Opr. / Internal Service Fund12,090.37 E/H Transit System Fund109,682.00 Library Fund41,672.49 Police Special Revenue Fund1,730.96 Roads &Streets / Street Lights / Fleet Services Fund244,608.16 Northern Plains Commerce240.00 Social Security Tax Fund63,548.48 Special Deficiency /Revolving Fund452.94 Government Grants & Activities Fund60,645.85 Capital Projects Fund1,777,531.66 Airport / Flightline Fund68,957.37 Solid Waste Utility Fund61,104.13 Water & Sewer Utility Fund328,271.97 Insurance Fund501.27 Pension / Trust Fund28,020.38 9/23 - 604562

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Special Education/Section 504 CHILD FIND NOTICE The following provides notice to parents and interested parties that their local school dist...

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