Page 4May 24, 2012
Notice
NOTICE OF LEASE TERMINATION
The State of North Dakota, acting by
and through the Board of University
and School Lands and its agent, the
Commissioner of University and
School Lands, hereby gives notice
that on March 6, 2012 the following
was processed via Certified Mail to
the lessees of record; not all delivery
confirmations were returned.
The State of North Dakota owns the
following described mineral acres in
Billings County, North Dakota:
Township 138 North, Range 100 West
Sections 6: S2NE4, Lots 1, 2
On February 3, 1998 the State of
North Dakota acting by and through
the Board of. University and School
Lands issued an oil and gas lease for
this property to Upton Resources
U.S.A. Inc., Bold Energy America and
Northern Energy Corporation. After
assignment the lease is held by
Northern Energy Corporation, Upton
Resources USA Inc, Encore
Operating, LP and WHC Exploration
LLC. I hereby notify you that the
lease has terminated for failure to
satisfy the terms of the lease and the
State of North Dakota hereby
declares the lease forfeited and void.
I further notify you that, unless within
20 days of the date of this notice you
notify the County Recorder in Billings
County in the manner provided by law
that the lease has not been forfeited, I
will file with the Billings County
Recorder a satisfaction of lease as is
provided by law. Furthermore, I
demand that you execute a proper
surrender of the lease of record and
that you file the surrender of lease of
record in the Office of the Billings
County Recorder within 20 days from
. the date of this notice.
5-15-2012 /s/Lance Do Gaebe
Commissioner
(May 24, 31 and June 7)
Notice to Creditors
Probaie NO. 17-2012-PR-00007
: MACKOFF, KELLOGG LAW FIRM
Office Address:
38 Second Ave E
Dickinson, ND 58601
Telephone Number: (701) 456-
3210
By: Charles J. Peterson, Attorney
#04009 ......
#04009
Mackoff, Kellogg Law Firm
38 Second Avenue East
Dickinson, ND 58601
1-701-456-3210
(May 10,17, and 24)
Call for Bids
ADVERTISEMENT FOR BIDS
SECTION 00100
CP-0408(12)01
BILLINGS COUNTY,
NORTH DAKOTA
Sealed bids will be received by the
Billings County Commission, at the
office of the Billings County Auditor,
495 4th Street, Medora, ND 58645,
until 11:30 AM MT, June 5, 2012, at
which time they will be publically
opened and read aloud for the fur-
nishing of materials, labor, equipment
and skill required for the construction
of Aggregate Stabilization & Incidental
Items in and for said Billings County,
as is more fully described and set
forth in the plans and specifications
therefore, which are now on file in the
office of the Billings County Auditor.
Bids shall be upon cash payment
on the following estimated quantities
and types of work:
1 L SUM Contract Bond, 3,452 CY
Topsoil, 662 CY Common Excavation-
Subcut, 728 M GAL Water, 13,832 CY
Aggregate Surface Course, 2,190
GAL Liquid Base Stabilizer, 1 L SUM
Mobilization, 843 UNIT Traffic Control
Signs, 6 EA Type III Barricade, 25 EA
Vertical Panels-Back to Back, 1,000
LF Fiber Rolls 121N, 6.6 MILE
Seeding-Type B-CI V, 1,986 SY
Geotextile Fabric- Type R1, 5 EA
Mailbox-All Types.
The contract documents are on file
and may be examined at the follow-
ing:
FORMTEXT Billings County, 495
4th Street, Medora, ND 58645
Kadrmas, Lee and Jackson, 204 N
Sims, Suite 201, Dickinson, North
Dakota
Complete digital project bidding
documents are available at
www.kljeng.com "Client Zone" or
www.questcdn.com. You may down-
load the digital plan documents for
$15.00 by inputting Quest project
#2045857 on the website's Project
Search page. Please contact
QuestCDN at (952) 233-1632 or
info@questcdn.com for assistance in
free membership registration, down-
loading, and working with this digital
project information. Please contact us
at 701-483-1284 if you have any
questions.
All bids are to be submitted on the
basis of cash payment for the work
and materials, and each bid shall be
accompanied by a separate envelope
containing the contractor's license
and bid security. The bid security
must be in a sum equal to five per
cent (5%) of the full amount of the bid
and must be in the form of a bidder's
bond. A bidder's bond must be exe-
cuted by the bidder as principal and
by a surety company authorized to do
business in this state, conditioned
MEDORA, NORTH DAKOTA
/s/Joan Jurgens
Billings County Auditor
(May 10, 17 and 24)
Call for Bids
ADVERTISEMENT FOR BIDS
SECTION 00100
CP-04(12)02
BILLINGS COUNTY,
NORTH DAKOTA
Sealed bids will be received by the
Billings County Commission, at the
office of the Billings County Auditor,
495 4th Street, Medora, ND 58645,
until 11:30 AM MT, June 5, 2012, at
which time they will be publically
opened and read aloud for the fur-
nishing of materials, labor, equipment
and skill required for the construction
of Chip Seal Coat & Incidental Items
in and for said Billings County, as is
more fully described and set forth in
the plans and specifications therefore,
which are now on file in the office of
the Billings County Auditor.
Bids shall be upon cash payment
on the following estimated quant!ties
and types of work:
1 L SUM Contract Bond, 30 M
GAL Water, 39,693 GAL CRS2
Emulsified Asphalt, 1,240 TON Cover
Coat Material CI 43, 1 L SUM
Mobilization, 1,089 UNIT Traffic
Control Signs, 63,424 LF PVMT MK
Painted 4IN Line.
The contract documents are on file
and may be examined at the follow-
ing:
Billings County, 495 4th Street,
Medora, ND 58645
Kadrmas, Lee and Jackson, 204 N
Sims, Suite 201, Dickinson, North
Dakota
Complete digital project bidding
documents are available at
www.kljeng.com "Client Zone" or
www.questcdn.com. You may down-
load the digital plan documents for
$15.00 by inputting Quest project
#2046193 on the website's Project
Search page. Please contact
QuestCDN at (952) 233-1632 or
info@questcdn.com for assistance in
free membership registration, down-
loading, and working with this digital
project information. Please contact us
at 701-483-t284 if you have any
questions.
All bids are to be submitted on the
basis of cash payment for the work
and materials, and each bid shall be
accompanied by a separate envelope
containing the contractor's license
and bid security. The bid security
must be in a sum equal to five per
cent (5%) of the full amount of the bid
and must be in the form of a bidder's
bond. A bidder's bond must be exe-
cuted by the bidder as principal and
by a surety company authorized to do
business in this state, conditioned
that if the principal's bid be accepted
and the contract awarded to the prin-
cipal, the principal, within ten (10)
days after notice of award, will exe-
cute and effect a contract in accor-
dance with the terms of his bid and
the bid bond as required by the laws
in the 21 working days of the seal
coat ap)lication will be charged at a
rate of $250.00 per working day until
the pavement markings, signs and
other items are completed. The
Contractor and his surety will be
liable for any excess. Such payment
will be as and for liquidated
damages.
If special accommodations are
needed, please notify the auditor so
that appropriate aids can be made
available.
Dated this 3rd day of May, 2012
BILLINGS COUNTY AUDITOR
MEDORA, NORTH DAKOTA
s/Joan Jurgens
Billings County Auditor
(May 10, 17 and 24)
Notice to Creditors
IN THE DISTRICT COURT OF
GOLDEN VALLEY COUNTY, STATE
OF NORTH DAKOTA
In the Matter of the Estate of
Daniel J. Uttech 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 Beverly
P. Kukowski, Administrator of the
estate, at MELBYE LAW OFFICE,
P.O. Box 1136, Dickinson, North
Dakota 58602-1136, or filed with the
Court.
Dated this 1st day of May, 2012
/s/Beverly P, Kukowski
Personal Representative
Diane E Melbye
ND State Bar ID #03680
MELBYE LAW OFFICE
229 First Street West
Post Office Box 1136
Dickinson, North Dakota 58602-
1136
(701) 483-1700
Attorney for Personal
Representative
(May 10, 17 and 24)
Notice
Notice to Property Owners
In Beach
Property owners are responsible
for keeping their property mowed and
noxious weeds controlled. When the
property is not mowed or weeds
become a nuisance, the city will mow
and/or spray the property at a cost of
$150 per lot as allowed by City
Ordinance 366 Section 12.0101-
12.0105.
Kimberly Nunberg
City Auditor
(May 10, 17, 24, and 31)
Notice
ANALYSES OF THE
STATEWIDE MEASURES
APPEARING ON THE
Attorneys for Personal that if the principal's bid be accepted of the State of North Dakota and the
.... , ........ ELECTION BALLOT
Representave.,,,.,. ,-.,-,, ,- ,, .-, ;and the cptract awarded to the prin-
- ,-regurazions anddeterminarions, of the ' __N_JH F .2,1 2_12n
,.,.il,.,n,,,,°,n',,,,..,q,,'.,_..,J,,:, cip!tbe principal, :within ten (10) , governing-body. If a.succesfuhbldder
ULU.II V/LLt-¥ LJUUII/I, O I/'1 r- days after notice of award,,iw!!l exe- . . does not execute a contract wit/q n ten ^ ,,,,,; ..... , ........ ,
,, ...._ • ...... :__ ,_ Th= .,,,,,,,,u ,=-,=,yoo o, ,,, the
OF NORTH DAKOTA
...... cute and effect a contract'in accor- : {,1 u) oays a,owea .... me Dlooer soone ,. four measures appearing on the
r , In the Matter of the Estate of Vera ' dance witi the terms of his bid and must be forfeited to the governing statewide election ballot on June 12,
Pool, Deceased. r
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 eitherbe presented to Robert C.
Pool, Personal Representative of the
Estate, or filed with the Court.
Dated this 23rd day of April, 20t2.
/s/Robert C. Pool
Personal Representative
(May 1:0, 17, and 24)
Notice
NOTICE OF LAPSE OF
MINERAL INTEREST
TO: Martha Rolsford, Arnold E.
Rolfsrud, Harold A. Rolfsrud, Louise
A. Hagen and Karen J. Kirmis
The. undersigned, Dwayne
Shypkoski and Lori Shypkoski, here-
by give notice of the lapse of mineral
interest pursuant to Chapter 38-18.1
of the North Dakota Century Code
and does hereby further give notice
that they intend to succeed to the
ownership of the entire mineral inter-
est in and under e following tract of
land, said ownership having lapsed
by abandonment and non-use for a
period of 20 years:
1. The description of land on
which the minerals are located is:
Township 139 North, Range 100
West, Billings County, North Dakota
Section 23:SW4
21 The names of the record own-
ers of the lapsed mineral interests
under some or all of the above
described property are:
Martha Rolfsrud, Arnold E.
Rolfsrud, Harold A. Rolfsrud, Louise
A. Hagen and Karen J. Kirmis
3. The names of the persons giv-
ing notice of lapse of mineral interest
are: Dwayne Shypkoski and Lori
Shypk0ski, whose mailing address is
13444 42nd Street Southwest,
Belfield, North Dakota 58622.
4. Dwayne Shypkoski and Lori
Shypkoski are the record owners of
the surface estate of the above
described premises and as such by
giving this notice intend to succeed to
the ownership of the above-described
lapsed mineral interest.
Dated this 27th day of April, 2012.
/s/Dwayne Shypkoski
/s/Lori Shypkoski
On this 27th day of April, 2012,
before me, a Notary Public in and for
said County and State, personally
appeared Dwayne Shypkoski and Lori
Shypkoski, to me known to be the
persons who are described in and
that executed the foregoing instru-
ment,.and acknowledged to me that
they executed the same.
/s/Marilyn Rixen
Notary Public
Attorney for Surface Owner:
Charlse J. Peterson, Attorney
the bid bond as required by the laws
of the State of North Dakota and the
regulations and determinations of the
governing body. If a successful bidder
does not execute a contract within ten
(10) days allowed, the bidder's bond
must be forfeited to the governing
body and the project awarded to the
next lowest responsible bidder.
All bidders, except a bidder on a
municipal, rural, and industrial water
supply project using funds provided
under Public Law No. 99-294 [100
Stat. 426, 43 U.S.C. 390a], must be
licensed for the full amount of the bid
as required by Section 43197[05 and
43-07-12 of the North Dakota Century
Code.
The successful Bidder will be
required to furnish Contract
Performance and Payment Bonds in
the full amount of the contract.
Contracts shall be awarded on the
basis of the low bid submitted by a
responsible and responsive bidder for
the aggregate sum of all bid items. A
single contract will be awarded for the
work.
All bids will be contained in a
sealed envelope, as above provided;
plainly marked showing that such
envelope contains a bid for the above
project. In addition, the bidder shall
place upon the exterior of such enve-
lope the following information:
1. The work covered by the
bidder
2. The name of the bidder
3. Separate envelope contain-
ing bid bond and a copy of
Contractor's License or certificate of
renewal.
4. Acknowledgement of the
Addenda.
No Bid will be read or considered
which does not fully comply with the
above provisions as to Bond and
licenses and any deficient Bid submit-
ted will be resealed and returned to
the Bidder immediately.
The work on the improvement will
be completed by October 5, 2012.
The Owner reserves the right to
reject any and all bids, to waive any
informality in any bid, to hold all bids
for a period not to exceed 30 days
from the date of opening bids, and to
accept the bid deemed most favor-
able to the interest of the Owner.
Should the Contractor fail to com-
plete the work within the time
required herein or within such extra
time as may have been granted by
formal extensions of time approved
by the Owner, there will be deducted
from any amount due the Contractor
the sum of $900.00 per day and
every day that the completion of the
work is delayed. The Contractor and
his surety will be liable for any
excess. Such payment will be as and
for liquidated damages.
If special accommodations are
needed, please notify the auditor so
that appropriate aids can be made
available.
Dated this 3rd day of May, 2012
BILLINGS COUNTY AUDITOR
body and the project awarded to the
next lowest responsible bidder.
All bidders, except a bidder on a
municipal, rural, and industrial water
supply project using funds provided
under Public Law No. 99-294 [.100
Stat. 426, 43 U.S.C. 390a], must be
licensed for the full amount of the bid
as required by Section 43[07[05 and
43-07-12 of the North Dakota Century
Code. For projects using funds pro-
vided under Public Law No. 99-294
[100 Stat. 426, 43 U.S.C. 390a], the
Bidder shall obtain a contractor's
license for the full amount of its Bid
within twenty days after it is deter-
mined the Bidder is the lowest
responsible Bidder. Should the Bidder
fail to obtain the license within the
specified period the Bid will be reject-
ed and awarded to the next lowest
responsible Bidder.
The successful Bidder will be
required to furnish Contract
Performance and Payment Bonds in
the full amount of the contract.
Contracts shall be awarded on the
basis of the low bid submitted by a
responsible and responsive bidder for
the aggregate sum of all bid items. A
single contract will be awarded for the
work.
All bids will be contained in a
sealed envelope, as above provided;
plainly marked showing that such
envelope contains a bid for the above
project. In addition, the bidder shall
place upon the exterior of such enve-
lope the following information:
1. The work covered by the bidder
2. The name of the bidder
3. Separate envelope containing
bid bond and a copy of Contractor's
License or certificate of renewal.
4. Acknowledgement of the
Addenda.
No Bid will be read or considered
which does not fully comply with the
above provisions as to Bond and
licenses and any deficient Bid submit-
ted will be resealed and returned to
the Bidder immediately.
The work on the improvement will
be completed by August 31, 2012.
The Owner reserves the right to
reject any and all bids, to waive any
informality in any bid, to hold all bids
for a period not to exceed 30 days
from the date of opening bids, and to
accept the bid deemed most favor-
able to the interest of the Owner.
Should the Contractor fail to com-
plete the work within the time
required herein or within such extra
time as may have been granted by
formal extensions of time approved
by the Owner, there will be deducted
from any amount due the Contractor
the sum of $900.00 per calendar day
and every day that the completion of
the work is delayed. Liquidated dam-
ages for failure to complete the main-
tenance and final brooming within 5
calendar days of the seal coat appli-
cation will be charged at a rate of
$100.00 per calendar day until they
are completed. Liquidated damages
for failure to complete the pavement
markings, signs and other items with-
2012. This publication is required by
section 16.1-01-07 of the North
Dakota Century Code to enable vot-
ers to become familiar with the effect
of proposed measures. The full text of
each measure is available on the
Secretary of State's website at
www.nd.gov/soslelectvotel or by
requesting a copy from the Elections
Division, Secretary of State's office at
(800) 352-0867, ext. 328-4146, or
from the office of any County Auditor.
In addition, as required by section
16.1-01-17 of the North Dakota
Century Code, a copy of the
Legislative Council's report on the
estimated fiscal impact of Measures
No. 2 and No. 3 is available on the
Secretary of State's website at
www.nd.gov/sos/electvote/, by calling
(800) 352-0867, ext. 328-4146, or by
writing to Secretary of State, 600 E
Boulevard Avenue Dept 108,
Bismarck ND 58505-0500.
Analysis of Constitutional Measure
No. 1
Constitutional Measure No. 1 was
placed on the ballot by action of the
2011 North Dakota Legislative
Assembly with the passage of House
Concurrent Resolution No. 3057
(2011 Session Laws, Ch. 519). If
approved, this constitutional measure
would amend and reenact section 6
of Article IV of the North Dakota
Constitution. It would prohibit the
appointment of a member of the
Legislative Assembly to a state office
for which the compensation was
increased in an amount greater than
any general legislative increase pro-
vided to full-time state employees
during the member's term of office.
Voting "YES" means you approve
the measure as stated above. Voting
"NO" means you reject the measure
as stated above.
Analysis of Initiated Constitutional
Measure No. 2
Constitutional Measure No. 2 was
placed on the ballot by petitions circu-
lated by a sponsoring committee. If
approved, this initiated constitutional
measure would amend sections 1, 4,
14, 15, and 16 of Article X of the
North Dakota Constitution and repeal
sections 5, 6, 7, 9, and 10 of that
same article, eliminating property
taxes, poll taxes, and acreage taxes,
effective January 1, 2012. The meas-
ure would require the Legislative
Assembly to replace lost revenue to
cities, counties, townships, school
districts, and other political subdivi-
sions with allocations of various state-
level taxes and other revenues, with-
out restrictions on how these rev-
enues may be spent by the political
subdivisions.
Voting "YES" means you approve
the measure as stated above. Voting
"NO" means you reject the measure
as stated above.
Analysis of Initiated Constitutional
Measure No. 3
Constitutional Measure No. 3 was
placed on the ballot by petitions circu-
lated by a sponsoring committee. This
initiated constitutional measure would
add a new section to Article I of the
North Dakota Constitution. The full
text of the measure states,
"Government may not burden a per-
son's or religious organization's reli-
gious liberty. 'The right to act or refuse
to act in a manner motivated by a sin-
cerely held religious belief may not be
burdened unless the government
proves it has a compelling govern-
mental interest in infringing the specif-
ic act or refusal to act and has used
the least restrictive means to further
that interest. A burden includes indi-
rect burdens such as withholding ben-
efits, assessing penalties, or an
exclusion from programs or access to
facilities."
Voting "YES" means you approve
the measure as stated above. Voting
"NO" means you reject the measure
as stated above.
Analysis of Referendum Measure
No. 4
Referendum Measure No. 4 was
placed on the ballot by petitions circu-
lated by a sponsoring committee. This
referendum measure concerns
Senate Bill 2370 as passed by the
Legislative Assembly in the
November 2011 special session
(Session Laws, Chapter 580). Senate
Bill 2370 repealed section 15-10-46 of
the North Dakota Century Code,
which required the University of North
Dakota to use the Fighting Sioux
nickname and logo.
Voting "YES" means you approve
Senate Bill 2370, the effect of which
would allow the University of North
Dakota to discontinue the Fighting
Sioux nickname and logo. Voting
"NO" means you reject Senate Bill
2370, and would require the
University of North Dakota to use the
Fighting Sioux nickname and logo.
(May 17 and 24)
Notice
ZONING MEETING NOTICE
A special meeting of the Billings
County Planning & Zoning
Commission is scheduled for
Thursday, May 31,2012 at 1:00 pm in
the Commissioner's Room at the
county courthouse, Medora, ND.
Applications for Review:
Great Northern Midstream:
Application for a Variance to build
within the 200' setback requirement
for Industrial zoned property in the
N1/2S1/2 10-139-100. The opera-
tions building & rail rack building at
the railroad crude oil leadout facility
by Fryburg will be within the setback.
Malkowski Trucking: Application
for a Variance to construct 2 rv
hookups for temporary housing for
employees at 1608 128th Ave SW in
the NWl/4NW1/4 26-143-99.
Property is zoned Agricultural and
owned by Qwain Malkowski.
Kwirt Johnson: Application for a
Variance to build a horse barn within
the 250' setback from 1-94 at 13298
35th St SW in the SW1/4NWl/4 36-
140-100. Property is zoned
Agricultural.
Rodney & Rene Syminow:
Application for a conditional use per-
mit to place a modular home at 13455
38th St SW in the $1/2SE1/4 10-139-
100. Property is zoned Agricultural.
Darlene Fritz: Application for a
Variance to allow 3 rv's as temporary
housing for the supervisors at the
rock pit in the SW1/4SW1/4 34-137-
100. Property is zoned Agricultural.
Patrick Marx: Application to
rezone approximately 40 acres in the
SWl/4 of 15-143-99 from Agricultural
to Industrial. Also proposed is a con-
ditional use permit for a drilling mud
recycling plant operated by R360.
Old Business at time of publica-
tion:
Zerria, LLC: Rezone approximate-
ly 111.51 acres in the $1/2 35-141-99
from Agricultural with Residential spot
zoning to Residential for the entire
acreage. Also proposed is a major
subdivision for approximately 45 resi-
dential lots. Property is currently
owned by Sherry Solberg.
Myron Yourk of Yourk and Kenner
Enterprises, LLC: Construction of an
80 unit hotel leased to Westwood
Enterprises on a 2.8 acre tract in the
NWl/4NWl/4 14-142-99 (Fairfield).
Property is zoned Commercial.
Dated at Med0ra, this 11th day of
May, 2012 by order of the Billings
County Commission.
Joan Jurgens
Billings County
Auditor/Treasurer/Secretary
(May 17 and 24)
Hearing Notice
IN THE DISTRICT COURT OF
BILLINGS COUNTY, STATE OF
NORTH DAKOTA: Probate No. 04-
2012-PR-00024
In the Matter of the Estate of
Emma Wiese, Deceased.
NOTICE IS HEREBY GIVEN that
Dorothy Westrom has filed herein an
Application for Formal Probate of Will
and Appointment of Personal
Representative, a copy of which is on
file in the office of the Clerk of Billings
County District Court, PO Box 138,
Medora, North Dakota 58645-0138.
Hearing has been set upon said
Application on 28th day of June,
2012, at 8:30 a.m., at the Courtroom
of the above-named Cout.in the city
of Medora, in the County of Billings,
State of North Dakota, wi:h the
Honorable Zane Anderson presiding.
Dated this 16th day of May, 2012.
Jordon J. Evert (ID No. 06969)
Attorney for Personal
Representative
Furuseth Law Firm, PC
PO Box 417
612 4th Street East
Williston ND 58802-0412
(701) 774-0005
(May 24)
Hearing Notice
IN THE DISTRICT COURT OF
BILLINGS COUNTY, STATE OF
NORTH DAKOTA: Probate No. 04-
2012-PR-00024
(May 24)
PUBLIC
NOTEES
A public notice is information
informing citizens of government
activities that may affect th
citizens' everyday lives,
Public notices have been printed
in local newspapers, the trusted
sources for community informalion
for more than 200 years.
North Dakota newspapers also
post public notices that are
printed in newspapers on
www.ndpublicnotices.com
at no additional charge to
units of government.
All cities, schools and counties in North Dakota are required to publish the minutes
of their meetings in the newspaper. It is fundamental to informing citizens about what
their elected officials are doing. It also helps minimize rumors and misconceptions about
local public entities. In short, it's good government. Yet, there are continuing legislative
threats to diminish or eliminate this important information. What can you do?
Telyour legislators you support the publication of government public notices.
Golden Valley News
Billings County Pioneer
872-3755
This message provided by this newspaper and North Dakota Newspaper Association.
