The Daily News

PUBLIC NOTICE

NOTICE TO CREDITORS

Probate No. 09-P-60

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IN DISTRICT COURT OF RICHLAND COUNTY, STATE OF NORTH DAKOTA

IN THE MATTER OF THE ESTATE OF BEATRICE KUMMER, 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 mailing of the notice or said claims will be forever barred. Claims must either be presented to Paul Kummer, personal representative of the estate, at 922 Dakota Avenue, Wahpeton, ND 58075, or filed with the Court.

Dated this 27th day of October, 2009.

(s) Paul Kummer

Personal Representative

16650 66 St SE,

Colfax, ND 58018

Duane Kragness

KRAGNESS LAW OFFICE, LT D.

922 Dakota Avenue

Wahpeton, ND 58075

Attorney for Personal Representative

First publication on the 20th day of November, 2009.

Legal No. 40022 – Published

Friday, November 20, 27

& December 4, 2009

PUBLIC NOTICE

WAHPETON PUBLIC SCHOOLS

BOARD MEETING

OCTOBER 14, 2009

A regular meeting of the Wahpeton School District Board of Education was held at 7:00 p.m. in the District Office with the following members present: Deb Mauch, Brad Bakken, Susan Rittenour, Dan Wynn, Ginny Buck, Harris Bailey, Kris Tedrow, Jeff Kleven and Laurie Christensen. Also present were Superintendent Mike Connell, Principals Clark Gripentrog, Steve Hockert and Bev Jacobson, Norma Nosek, Mike McCall, Anna Jauhola of the Daily News, and Laura Dokken.

President Mauch called the meeting to order.

The following motions were made, seconded and approved:

To approve the agenda.

To approve the minutes of the September 9, 2009 regular board meeting.

To approve the claims and accounts against the general fund for October in the amount of $143,386.05. For a detailed list please contact the District Office.

To approve the claims and accounts against the building fund in the amount of $19,638.57.

To approve the claims and accounts against the Central/HS sinking and interest fund in the amount of $15,442.50 and the Zimmerman/HS Gym sinking and interest fund in the amount of $418,558.71.

To approve the claims and accounts against the ARRA Stabilization fund in the amount of $86,839.17.

To accept the letter of resignation from Superintendent Mike Connell effective June 30, 2010.

To approve the early retirement application and contract of Superintendent Mike Connell.

To approve the first reading on a new policy, Procedures/Guidelines for Requesting to Add New Student Activities. Bailey would like to add the adequate participation and projections added to year six as well. With the amendment proposed by Bailey the first reading carried 9-0. The policy will go back to the curriculum committee next month for the second reading.

To approve policy changes as recommended by NDSBA.

To accept the 2008-2009 audit as prepared by Nadine Julson.

To accept the High School gym ceiling fan quote from Nordick Electric for $4,859 to be paid out of the building fund.

To pay off the 2005 State School Construction Fund Bond early.

To set the 2009 Tax Levy at 134.08 (down from 213.41 in 2008). Christen motioned and Kleven seconded to levy the following dollar amounts for 2009. High School Tuition $38,729.41, CE/HS S&I $166,184.38, ZE/HS Gym S&I $102,339.53, Building Fund $234,723.70, Special Assessments $19,716.79, Special Reserve $3,520.86

To approve the Stabilization Fund Application. Motion carried 9-0.

To approve the open enrollment application for Dylan Merrick.

To approve the open enrollment application for Nelson Braun.

To accept the 2009-10 snow removal bids from Equipment Services (Comstock Construction).

The meeting was adjourned at 8:00 p.m.

Deb Mauch, President

Laura Dokken, Business Manager

Legal No. 40015 – Published

Friday, November 20, 2009

PUBLIC NOTICE

ORDINANCE NO. 923

AN ORDINANCE AMENDING CHAPTER

24-101 OF THE REVISED ORDINANCES OF THE CITY OF WAHPETON

BE IT ORDAINED, by the City Council of the City of Wahpeton, North Dakota, that Ordinance 24-101 be repealed and reenacted to provide as follows:

24-101 ELECTRIC COMPANY

AN ORDINANCE GRANTING TO OTTER TAIL POWER COMPANY, ITS SUCCESSORS AND ASSIGNS PERMISSION USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF SAID CITY FOR THE PURPOSE OF INTALLING, ENLARGING, OPERATING, REPAIRING AND MAINTAINING IN THE CITY OF WAHPETON, NORTH DAKOTA, ELECTRIC LIGHT AND POWER SYSTEM AND TRANSMISSION LINE AND TO OPERATE AND MAINTAIN THE SAME WITHIN AND THROUGH THE CITY FOR THE FURNISHING OF POWER TO SAID CITY AND ITS INHABITANTS AND OTHERS IN AND THROUGH SAID CITY

SECTION 1. GRANT

City hereby grants Company, until October 16, 2019, the right and privilege of using the public ways and public grounds of the City for the purpose of installing, operating, repairing and maintaining in, on, over, under and across the same, all transmission lines and appurtenances, usually, conveniently or necessarily used in connection therewith, for the purpose of transmitting and furnishing electric light and power for public and private use within and through the limits of the City as its boundaries or as they may be extended in the future. Company may also do all reasonable things necessary or customary to accomplish those purposes, subject, however, to the future provisions of this franchise. This franchise shall be non-exclusive.

This franchise shall automatically renew for a second ten (10) year term on October 16, 2019 in accordance with all of the terms and conditions of this Ordinance, unless either party submits a written request to renegotiate this Franchise Agreement on or before October 16, 2017.

SECTION 2. GOVERNING PUBLIC WAYS AND PLACES, GRANTS OF ACCESS AND USE OF PUBLIC RIGHTS OF WAY

Subd. 1. All electric conduits, transmission lines, poles, wires, pipes and other property and facilities installed shall be located, constructed, installed and maintained as not to endanger or unnecessarily interfere with the usual and customary trade, traffic, travel upon and use of public ways of City. In installing, repairing, maintaining, removing, or replacing said poles, transmission lines and appurtenances, Company shall, in all cases, place the public ways, in, on, under, or across which the same are located in as good condition as they were prior to said operation.

Subd. 2. Company shall provide the City its officers, agents or consultants with design locates of all its above ground and underground facilities within the City when requested by the City for planning and design purposes within a reasonable period of time. The period of time will be considered reasonable if it compares favorably with the average time required by the Cities in Richland County to locate municipal underground facilities for Company. (“County” refers to the County in which City is located). Company shall also provide an annual complete update of its entire distribution system within the City in a format acceptable to the Public Works Director.

Subd. 3. Before Company constructs any new structure or converts any existing structure for the transmission of electricity within the City, Company shall first obtain approval of the structure and the location therof from the City Public Works Director. Such approval by City shall not be unreasonably withheld, conditioned or delayed. To address or prevent any emergency Company may, without first obtaining approval, construct new structures, convert existing structures, and take such actions as may be reasonable under the circumstances, but Company shall give the City notice of such emergency work within twenty-four (24) hours.

Subd. 4. Company shall fully comply with all City of Wahpeton Ordinances governing Public Ways and Places, including but not limited to: access and public use of rights of way and encroachments, obstructions and excavations.

SECTION 3. SERVICE, RATES, MEASUREMENT

The service to be provided, the measurement of, and the rates to be charged by Company for electrical service in City are subject to the jurisdiction of the Public Service Commission of this State or its successor agency.

SECTION 4. RELOCATING

Subd. 1. Whenever City shall grade, regrade or change the line of any public way, or construct or reconstruct any City utility system therein and shall, in the proper exercise of its police power, and with due regard to reasonable working conditions, when necessary order Company to relocate permanently its poles, services and other property located in said public way, Company shall relocate its facilities at its own expense. City shall give Company reasonable notice of plans to grade, regrade or change the line of any public way or to construct or reconstruct any City utility system therein.

Subd. 2. Any relocation, removal or rearrangement of any Company facilities made necessary because of the extension into or through City of a federally aided highway project shall be governed by the provisions of North Dakota or Federal Statutes as supplemented or amended.

Subd. 3. Nothing contained herein shall relieve any person, persons, or corporations from liability arising out of the failure to exercise reasonable care to avoid injuring Company’s facilities while performing any work connected with grading, regrading or changing the line of any public way, or with the construction or reconstruction of any City utility system.

SECTION 5. INDEMNIFICATION

Company shall indemnify, keep and hold City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair or operations of Company’s electric facilities located in, on, over, under, or across the public ways and public grounds of City, unless such injury or damage grows out of the negligence of City, its, employees, or agents, or results from the performance in a proper manner of acts reasonably deemed hazardous by Company, but such performance is nevertheless ordered or directed by City after notice of Company’s determination. In the event a suit shall be brought against City under circumstances where the above agreements to indemnify applies, Company at its sole cost and expense shall defend City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If such notice is not reasonably given as herinbefore provided, Company shall have no duty to either indemnify or defend. If company is required to indemnify and defend, it will thereafter have complete control of such litigation, but Company may not settle such litigation without the consent of City, which consent shall not be unreasonably with held, conditioned or delayed. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to Company; and every defense or immunity that City could assert in its own behalf.

SECTION 6. VACATION OF PUBLIC WAYS

Except where required solely for a City improvement project; the vacation of any public way or public ground, after the installation of electric facilities, shall not operated to deprive Company of its rights to operate and maintain such electric facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company by the party requesting the relocation.

SECTION 7. UNDERGROUND INSTALLATION

Subd. 1. All new power distribution lines, new services, and any other power equipment installed by Company shall hereafter be buried underground in the following areas:

1. Any new district zoned as a residential subdivision.

2. Any new district zoned as a business district.

Subd. 2. In district zoned residential and/or business whenever a company undertakes any major replacement of any power distribution lines, or other equipment, such replacement equipment shall be buried underground. A major replacement shall be defined as 500 feet of distribution line in an undeveloped property area, or one City block, if in a developed property area.

Subd. 3. Whenever Company relocates any of its existing equipment, such equipment capable of the same shall be placed underground at the new location.

Subd. 4. In district zoned industrial, new lines and power equipment do not have to be buried or placed underground.

Subd 5. Company may seek the permission of the Public Works Director to waive the requirements contained in this section or his designee, who is granted the discretion to grant exceptions hereto upon good cause shown.

SECTION 8. REMOVAL OF ABANDONDED EQUIPMENT

Whenever Company shall abandon any site or any equipment, including but not limited to its guy lines and wires, and anchors and poles; such equipment shall be completely removed by the Company, and the site cleaned of any remaining or residual equipment or Company property.

SECTION 9. TREE TRIMMING

Subd. 1. There is granted to Company, during the term hereof, permission and authority to trim all trees in alleys, streets, and public grounds of the City so as to removal all parts of said trees interfering with the proper maintenance and operation of poles, cables, wires, masts or other fixtures, or appliances installed or to be installed pursuant to authority hereby granted.

Subd. 2. Prior to all tree trimming done by Company, it shall obtain the approval of the City Forrester or designee and conducted trimming in accordance with the specifications laid out by the Forrester or designee. Prior approval is not required for any tree trimming or tree removal reasonably required in response to a service outage or in response to or prevention of any emergency.

SECTION 10. WRITTEN ACCEPTANCE

Company shall, if it accepts this ordinance and the rights and obligations hereby granted, file a written acceptance of the rights hereby granted with the City within ninety (90) days after the final passage and any required publication of this ordinance.

SECTION 11. PROVISIONS OF ORDINANCE

Every section, provision, or part of this ordinance is declared separate from every other section, provision or part; and if any section, provision or part shall be held invalid, it shall not affect any other section, provision or part. Where a provision of any other City ordinance conflicts with the provisions of this ordinance, the provisions of this ordinance shall prevail.

SECTION 12. PUBLICATION EXPENSE

The expense of any publication of this franchise ordinance required by law shall be paid by Company.

SECTION 13. EFFECTIVE DATE

This ordinance is effective as provided by statute or charter and upon acceptance by Company as provided in Section 7.

SECTION 14. PERSONNEL

That Grantee shall, at all times during the period of its operations in the City of Wahpeton, North Dakota maintain a service center in Wahpeton or Breckenridge staffed by a sufficient number of trained personnel to adequately service and operate and maintain the Grantees’ electrical distribution system to the City of Wahpeton. On-call rotation of service staff will include employees who are located within a thirty (30) mile radius of Wahpeton.

SECTION 15. FRANCHISE FEES

Subd. 1. The City reserves the right, if not prohibited by the laws of the State of North Dakota, to establish by Resolution a charge to the Grantee for this franchise in such percent of the gross revenue received by the Grantee in the City of Wahpeton from the users of electrical power services distributed to them by the Grantee in the City of Wahpeton, per year, as established by Resolution which charge shall be subject to review of the Wahpeton City Council at the first meeting in January of each and every year of the franchise period. City shall provide notice of intent to revise/replace Ordinance No. 771 (Franchise Fee) at least 120 days prior to the effective date of such charge.

This Ordinance shall become effective on the 5th day of October, 2009.

CITY OF WAHPETON

By: (s) James Sturdevant, Mayor

ATTEST:

(s) Darcie Huwe, Finance Director/City Auditor

First Reading: September 21, 2009

Second Reading: October 5, 2009

Adoption: October 5, 2009

ACCEPTANCE

OTTER TAIL POWER COMPANY, a Minnesota corporation, acting through its proper officers thereunto duly authorized, does hereby accept Ordinance No. 923 of the City of Wahpeton, North Dakota, being an Ordinance granting a franchise to Otter Tail Corporation, and being entitled:

“AN ORDINANCE GRANTING TO THE OTTER TAIL CORPORATION, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO ERECT, CONSTRUCT, INSTALL, AND MAINTAIN WITHIN THE CITY OF WAHPETON, NORTH DAKOTA, AN ELECTRIC LIGHT AND POWER SYSTEM AND TRANSMISSION LINE, AND TO OPERATE THE SAME, AND TO INSTALL CONDUITS, POLES, WIRES, PIPES, AND OTHER FIXTURES IN, UPON AND UNDER THE STREETS ALLEYS, BRIDGES, AND PUBLIC GROUNDS OF SAID CITY FOR THE PURPOSE OF FURNISHING ELECTRIC LIGHT, HEAT, AND POWER TO SAID CITY AND THE INHABITANTS THEREOF”;

and all of the terms, conditions, requirements, and provisions of said Ordinance No. 923. Otter Tail Corporation changed its corporate name to Otter Tail Power Company on July 1, 2009.

IN WITNESS WHEREOF, Otter Tail Power Company has caused this Acceptance to be duly executed this 2nd day of November, 2009.

In Presence of:

(s) Becky Luhning

(s) Nancy L. Olson

OTTER TAIL POWER COMPANY,

By (s) Chuck MacFarlane, President

And (s) Bruce Gerhardson, Associate General Counsel, Otter Tail Power Company

STATE OF MINNESOTA )

) SS

COUNTY OF OTTER TAIL )

On this 2nd day of November, 2009, before me, a Notary Public within and for said County, personally appeared Chuck MacFarlane and Bruce Gerhardson to me personally known, who, being each by me duly sworn, did say that they are, respectively, the President, and Associate General Counsel of Otter Tail Power Company, the corporation named in the foregoing instrument, and that said instrument was signed in behalf of said corporation by authority of its Board of Directors, and said Chuck MacFarlane and Bruce Gerhardson acknowledged said instrument to be the free act and deed of said corporation.

(Notarial Seal)

(s) Penny Mosher

Notary Public, Minnesota,

Expires: January 31, 2010

The foregoing Acceptance was duly filed in the office of the City Auditor of the City of Wahpeton, North Dakota, this 13th day of November, 2009.

(s) Darci Huwe

City Auditor

Legal No. 40020 – Published

Friday, November 20, 2009

PUBLIC NOTICE

WAHPETON PUBLIC SCHOOLS

SPECIAL BOARD MEETING

OCTOBER 19, 2009

A special meeting of the Wahpeton School District Board of Education was held at 8:00 p.m. in the District Office with the following members present: Deb Mauch, Susan Rittenour, Dan Wynn, Ginny Buck, Harris Bailey, Kris Tedrow, Jeff Kleven and Laurie Christensen. Brad Bakken was absent. Also present were Superintendent Mike Connell, Clark Gripentrog, Steve Hockert and Laura Dokken.

President Mauch called the meeting to order.

The following motions were made, seconded and approved:

To approve the agenda.

The purpose of the meeting was to discuss steps and decisions in hiring a new Superintendent.

Timeline set:

Thursday, January 21 – Application Deadline

Wednesday, January 27 – Screening Meeting – 6:00 p.m.

Monday, February 1 through Friday, February 5 – Interviews 7:00 p.m. each night

Monday, February 8 – Deliberation Meeting – 5:00 p.m.

Wednesday, February 10 – Finalize contract at regular board meeting – 7:00 p.m.

The position will be advertised through the following mediums:

NDCEL Website

NDSBA Website & Bulletin

College Placement Agencies

Job Service

McPherson & Jacobson website

All interviews and meetings on the superintendent search are open meetings and anyone can attend.

The meeting was adjourned at 9:22 p.m.

Deb Mauch, President

Laura Dokken, Business Manager

Legal No. 40016 – Published

Friday, November 20, 2009

PUBLIC NOTICE

CITY OF WAHPETON

NOTICE OF HEARING – ZONING ORDINANCE

(A Proposed Ordinance Amending Chapter 16 Article 13

Flood Plain Districts)

PLEASE TAKE NOTICE that the City Council of the City of Wahpeton will be holding a hearing for a proposed zoning ordinance amendment on the 7th day of December, 2009 at 5:00 o’clock p.m. at the City Council Chambers located in City Hall, 1900 North 4th Street, in the City of Wahpeton, North Dakota, which will repeal and reenact the City’s Flood Plain Ordinances to bring them in full compliance with Federal and State regulations and apply to all areas in which city zoning has been established and controlled by the City of Wahpeton.

A copy of Proposed Zoning Ordinance No. 925 is available to the public for inspection and copying at the office of the City Finance Director from 8:00 o’clock a.m. until 5:00 o’clock p.m. Monday through Friday at City Hall, 1900 North 4th Street, Wahpeton, North Dakota.

Dated at Wahpeton, North Dakota this 16th day of November, 2009.

/s/ Darcie E. Huwe

Darcie E. Huwe,

Finance Director/City Auditor

Wahpeton, North Dakota

CITY OF WAHPETON

NOTICE OF HEARING – ZONING ORDINANCE

(A Proposed Ordinance Amending Chapter 16 Article 13

Flood Plain Districts)

PLEASE TAKE NOTICE that the Planning Commission of the City of Wahpeton will be holding a hearing for a proposed zoning ordinance amendment on the 7th day of December, 2009 at 5:00 o’clock p.m. at the City Council Chambers located in City Hall, 1900 North 4th Street, in the City of Wahpeton, North Dakota, which will repeal and reenact the City’s Flood Plain Ordinances to bring them in full compliance with Federal and State regulations and apply to all areas in which city zoning has been established and controlled by the City of Wahpeton.

A copy of Proposed Zoning Ordinance No. 925 is available to the public for inspection and copying at the office of the City Finance Director from 8:00 o’clock a.m. until 5:00 o’clock p.m. Monday through Friday at City Hall, 1900 North 4th Street, Wahpeton, North Dakota.

Dated at Wahpeton, North Dakota this 16th day of November, 2009.

/s/ Lynelle Amos

Lynelle Amos, Secretary

Wahpeton Planning Commission

Legal No. 40032 – Published

Friday, November 20 & 27, 2009

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