page 6 -- tioga tribune public notices tioga city ... · 7/29/2020  · it ordained by the city...

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Page 6 -- Tioga Tribune Public Notices Wednesday, July 29, 2020 Tioga City Commission Minutes CITY OF TIOGA City Commission Meeting Minutes June 6, 2020 A meeting of the City Commis- sion of the City of Tioga was called to order at 7:00 pm on July 6, 2020, at the Tioga City Hall, by the City Commissioner Drake McClelland. PRESENT: Drake McClelland, Tim Christianson, Natalie Bugbee, Tim Sundhagen, Larry Maize, Elizabeth Pendlay and Abby Salinas ABSENT: GUEST: Jacob Orledge, Josh Reiner, Brooke Cebulla, Mike Cebulla, Josh Nelson, Shawna Nelson, Heather Weflen. Christianson made a motion to approve the Commission Minutes of June 15, 2020 Regular Meeting, second by Maize. Roll Call: Ayes; Christianson, Bugbee, Sundhagen, Maize. Christianson made a motion to approve the Commission Minutes of June 25, 2020 Special Meeting, second by Bugbee. Roll Call: Ayes; Christianson, Bugbee, Sundhagen, Maize. Commissioners Reports: Bugbee: Advised Commission Board that the Community Center has re- opened and there are some great up- coming events planned in the future. Christianson: Advised Commission Board that he will be adding a work barge to the agenda. Maize: Advised Commission that he did walks on the Simons construction area for the final punch list items which will be complied by Moore Engineering. Sundhagen: Advised the Commis- sion Board he wanted to add to the agenda two 1% County applications and 2 promotions of Police Officers. McClelland: Advised Commission Board that he wanted to add to the agenda appointment of Engineering Firm for the City of Tioga. Modifica- tions/Approval of Agenda: Christianson made a motion to add under new business agenda item #8 Water Department Work Barge, #9 1% County Grant Applications, #10 Employee Promotions, #11 Appoint- ment of Engineering Firm and ap- prove application with changes made, second by Bugbee. Call: Ayes; Chris- tianson, Bugbee, Sundhagen, Maize. Old Business: 1. Legal – Elizabeth Pendlay – Advised the Commission Board that the Crew Housing Ordi- nance has been completed and was given to the City Auditor. 2. Moore Engineering: Josh Reiner – Advised Commission Board of updates on the NE Reconstruction and handed ex- hibit to Commission Board of Pay Application #1 from BEK Construc- tion in the amount of $430,958.47. Sundhagen made a motion to approve pay application #1 from BEK Con- struction in the amount of $430,958.47 for the work completed on the NE Reconstruction Project, second by Christianson. Call: Ayes; Christian- son, Bugbee, Sundhagen, Maize. Reiner also advised the Commission Board of the substantial completion for Simons Addition Phase II Project, effective 06-26-2020. Reiner advised Commission Board on findings of walk though of Simons Project and Liquidated Damages that amount to $127,000.00, CC Steele owner Mike Cebulla stated that work was com- pleted according to plans from Acker- man Estvold and although the project was not completed on time due to weather his crew has come back to Tioga to finish the project, Cebulla also stated that he feels that no late fees should be charged by the City unless it’s to pay the new engineering firm Moore for taking over when Ackerman Estvold left as City Engi- neer. Cebulla feels that have been a typical cost incurred and he would be willing to pay that. Reiner stated that after reviewing all paper work there are still some areas of concern. Mc- Clelland advised that if the City agrees to the substantial completion would CC Stelle be willing to write a 3-year warranty on the areas of concern, Cebulla agreed. Discussions continued regarding liquidated dam- ages. Bugbee made a motion to charge CC Steele $53,000 in liqui- dated damages up to the date of substantial completion from May 4, 2020 to June 26, 2020, second by Christianson. Call: Ayes; Christian- son, Bugbee, Maize Nays; Sundha- gen. Sundhagen made a motion to not add incurred engineer fees for the Simons Project, second by Christian- son. Call: Ayes; Christianson, Bug- bee, Sundhagen, Maize. Reiner also advised Commission Board that there are also late fees from substantial completion to actual completion for the Simons project from CC Steele. Bugbee made a motion to table Liq- uidated Damage fees from Substan- tial Completion to the date of comple- tion till the project is complete, sec- ond by Sundhagen. Call: Ayes; Christianson, Bugbee, Sundhagen, Maize. Reiner handed pay applica- tion #2 in the amount of $225,742.33 from CC Steele for work completed on Simons Addition Phase II Project. Reiner recommends that if the Com- mission Board is satisfied with the work completed, they can approve to lower the retainage of the project to 5% and pay amount of $364,575.83. Sundhagen made a motion to lower the retainage sum of Simons Project to 5% and pay application #2 from CC Steele for the work completed on the Simons Project in the amount of $364,575.83, second by Christianson. Call: Ayes; Christianson, Bugbee, Sundhagen, Maize. Reiner also dis- cussed liquidated damages for the TAP 2018 Project, McClelland Di- rected Reiner to get an estimate of cost to fix the sidewalk that was left unusable on the TAP 2018 Project. Reiner handed exhibit to Commis- sion Board of estimate for the TAP 2019 Project for their review and consideration. Sundhagen made a motion to accept the estimate and continue with the TAP 2019 Project, second by Bugbee. Call: Ayes; Chris- tianson, Bugbee, Sundhagen, Maize. 3. FCI Construction- Salinas advised the Commission Board that FCI did not attend the Commission meeting because they have no new updates to present for now. 4. Community Cen- ter – Salinas handed exhibit to Com- mission Board of an estimate from Pro Finish Concrete to grind and seal the ice-skating rink at the Commu- nity Center in the amount of $18,062.50 for their review and consideration. Bugbee made a motion to accept the estimate from Pro Finish Concrete in the amount of $18,062.50, second by Sundhagen. Call: Ayes; Christianson, Bugbee, Sundhagen, Maize. 5. New Business: Ordinance 2020-04 Crew Housing 1st Reading - ORDINANCE NO. 2020-04 AN ORDINANCE SUPPLEMENTING AND AMENDING CHAPTER 5 (“ZONING –LAND USE PLAN- NING”), OF THE CITY OF TIOGA ORDINANCES; AN ORDINANCE GOVERNING TEMPORARY CREW HOUSING FACILITIES BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TIOGA, NORTH DAKOTA, AS FOLLOWS: Article 11 – Crew Hous- ing Facilities 5.1101 - Purpose and Findings The City Commission finds and declares that it is necessary and desirable for the purposes of main- taining and bettering the community preservation and improvement that Chapter 5 (“Zoning – Land Use Plan- ning”) be supplemented with the following regulations pertaining to conditional use permitting of and the operations surrounding temporary crew housing facilities within the City of Tioga and its extraterritorial zone. Except as expressly sup- planted, modified or repealed in this supplemental Article 12 of Chapter 5, the regulations contained in said Chapter 5 remain in full force and effect. 5.1114 – Penalty In addition to the suspension or revocation provi- sions contained herein, a violation of the provisions of this ordinance may result in the imposition of a civil fine of up to $500.00 per day, for each and every day a violation of this ordi- nance may occur. (A copy of the full ordinance can be obtained at City Hall Mon-Fri, 8am-5pm) Bugbee made a motion to accept the 1st Read- ing of Ordinance 2020-04 Crew Housing, second by Christianson. Call: Ayes; Christianson, Bugbee, Sundhagen, Maize. 6. Ordinance 2020-05 Infrastructure Sales Tax Continuance 1st Reading – ORDI- NANCE NO. 2020-05 AN ORDI- NANCE TO ESTABLISH AND REGULATE A CITY SALES, USE, AND GROSS RECEIPTS TAX UN- DER THE HOME RULE CHARTER OF THE CITY OF TIOGA. BE IT ORDAINED BY THE CITY COM- MISSION OF THE CITY OF TIO- GA, WILLIAMS COUNTY, NORTH DAKOTA: SALES, USE, AND GROSS RECEIPTS TAX Defini- tions. All terms defined in chapters 40-05.1, 57-39.2, 57-39.4, 57-39.5, 57-39.6, and 57-40.2 of the North Dakota Century Code (N.D.C.C.), including any future amendments, are adopted by reference. All references to the N.D.C.C. include amendments adopted by the North Dakota Legisla- tive Assembly. Note: In order to in- clude the language “including any future amendments”, the city’s home rule charter would need to allow for this. Collection and Administration. Where not in conflict with the provi- sions of this Ordinance, the provi- sions of N.D.C.C. chapters 40-05.1, 57-39.2, 57-39.4, 57-39.5, 57-39.6, and 57-40.2, and all administrative rules adopted by the Tax Commis- sioner, pertaining to the collection and administration of the retail sales, use, and gross receipts tax, including provisions for liability, refund, pen- alty, interest or credit, govern the administration by the North Dakota Office of State Tax Commissioner (hereinafter “Tax Commissioner”) of the taxes imposed by this Ordinance. Sales Tax Imposed. Subject to the provisions of N.D.C.C. § 40-05.1-06, and except as otherwise provided by this Ordinance, or the sales and use tax laws of the State of North Da- kota, a tax of 1 percent is imposed upon the gross receipts of retailers from all sales at retail, including the leasing or renting of tangible per- sonal property, within the corporate limits of the of the city of Tioga, North Dakota. Use Tax Imposed. Subject to the provisions of N.D.C.C. § 40-05.1-06, and except as otherwise provided in this Ordinance, or the sales and use tax laws of the State of North Dakota, an excise tax is im- posed upon the storage, use, or con- sumption within the corporate limits of the city of Tioga, North Dakota of tangible personal property purchased at retail for storage, use, or consump- tion in this city, at the rate of 1 percent of the purchase price of the property. An excise tax is imposed on the stor- age, use, or consumption within the corporate limits of the city of Tioga, North Dakota of tangible personal property not originally purchased for storage, use, or consumption in this city at the rate of 1 percent of the fair market value of the property at the time it was brought into this City. With respect to the purchase price of tangible personal property used by a contractor or subcontractor to fulfill a contract as defined in N.D.C.C. § 57-40.2-03.3, the tax imposed by this section applies only to bids submitted on or after the effective date of this Ordinance. Gross Receipts of Alco- holic Beverages. Subject to the provi- sions of N.D.C.C. § 40-05.1-06, and except as otherwise provided in this Ordinance, a gross receipts tax of 1 percent is imposed upon all gross receipts from the sale of alcoholic beverages within the city. A person who receives alcoholic beverages for storage, use, or consumption in this state is subject to tax on storage, use, or consumption of those alcoholic beverages at the rate of 1 percent. Gross Receipts of New Farm Ma- chinery and New Farm Irrigation Equipment. Subject to the provisions of N.D.C.C. § 40-05.1-06, and except as otherwise provided in this Ordi- nance, a gross receipts tax of 1 per- cent is imposed upon all gross re- ceipts from the sale of new farm machinery and new farm irrigation equipment within the city. A person who receives new farm machinery or new farm irrigation equipment for storage, use, or consumption in this state is subject to tax on storage, use, or consumption of that machinery and/or equipment at the rate of 1 percent. Exemptions. This Ordinance does not provide for any additional exemptions from imposition and computation of the city sales and use tax other than those provided by state law. Sales to contractors that are ex- empt pursuant to subsection 15 of N.D.C.C. § 57-39.2-04 shall be ex- empt from any city sales tax, but contractors shall be subject to the city use tax on those items used within the city that would be taxed pursuant to N.D.C.C. § 57-40.2-03.3 on which the city sales tax has not previously been paid. Contract with Tax Com- missioner. The Tioga City Auditor is hereby authorized to contract with the Tax Commissioner for administration and collection of taxes imposed by this Ordinance. The City Auditor has all powers granted to the Tax Com- missioner and in the absence of a valid contract with the Tax Commis- sioner or failure of the Tax Commis- sioner to perform the delegated du- ties, shall perform these duties in place of the Tax Commissioner. Dedication of Tax Proceeds 1 percent of all revenues collected under this ordinance shall be dedicated to a special fund for infrastructure pur- poses. Effective Date. This Ordinance shall take effect after its passage, approval, and publication, but not prior to December 31, 2020. Sundha- gen made a motion to accept the 1st Reading of Ordinance 2020-05 Infra- structure Sales Tax Continuance, second by Bugbee. Call: Ayes; Chris- tianson, Bugbee, Sundhagen, Maize. 7. Planning and Zoning Vacant Seat – Salinas handed an exhibit of a Let- ter of Resignation from the Planning and Zoning Board from Tyler Judkins and a Letter of Interest for the vacant Planning and Zoning seat from De- siree Hanson for their review and consideration. Sundhagen made a motion to accept the letter of resigna- tion from Tyler Judkins from the Planning and Zoning Board, second by Bugbee. Call: Ayes; Christianson, Bugbee, Sundhagen, Maize. Bugbee made a motion to appoint Desiree Hanson for the Planning and Zoning vacant seat, second by Maize. Call: Ayes; Christianson, Bugbee, Sund- hagen, Maize. 8. Water Department Work Barge – Christianson stated that the Water Department found a work barge to use in the waste water treat- ment plant lagoons, lowest estimate was $12,000. Christianson made a motion to purchase the work barge for the waste water treatment plant for up to $12,000, second by Bugbee. Call: Ayes; Christianson, Bugbee, Sundhagen, Maize. 9. 1% County Grant Applications – Sundhagen handed exhibit to Commission Board of application to apply for a 1% County Grant for the purchase of all new radios in the amount of $118,873.24 for their review and consideration. Sundhagen stated that this will be needed because the State of ND is changing all radio equip- ment that is utilized. Sundhagen made a motion to apply for the 1% County Grant in the amount of $118,873.24 to purchase all new ra- dio systems, second by Bugbee. Call: Ayes; Christianson, Bugbee, Sund- hagen, Maize. Sundhagen handed exhibit to Commission Board of ap- plication to apply for a 1% County Grant for the purchase of all new Tasers in the amount of $16,991. Sundhagen made a motion to apply for the 1% County Grant in the amount of $16,991 to purchase all new Tasers, second by Bugbee. Call: Ayes; Christianson, Bugbee, Sund- hagen, Maize. 10. Employee Promo- tion – Sundhagen handed exhibits to the Commission Board of promotion and raise recommendations for Ser- geant Josh Nelson and Officer Jared Attanasio for their review and con- sideration. Sundhagen made a motion to approve Sergeant Josh Nelson’s promotion recommendation to a Lieutenant at $30.22 per hour effec- tive July 16, 2020, second by Bugbee. Roll Call: Ayes; Christianson, Bug- bee, Sundhagen, Maize. Sundhagen made a motion to approve Officer Jared Attanasio’s promotion recom- mendation to a Corporal at $26.24 per hour effective July 16, 2020, second by Bugbee. Roll Call: Ayes; Christianson, Bugbee, Sundhagen, Maize. 11. Appointment of Engineer Firm – McClelland advised Commis- sioner Board that a decision needs to be made whether to appoint current engineer until next election June 2022 or go out for bids for a new engineering firm. Bugbee made a motion to appoint Moore Engineer- ing as the City Engineer Firm until the next re-organization meeting that will take place in June of 2022, sec- ond by Christianson. Roll Call: Ayes; Christianson, Bugbee, Sundhagen, Maize. Consent Approval: 12. Pledge Holdings as of 06-15-2020 and Pledge Holdings as of 06-16-2020. 13. Special Liquor License Applica- tion from Model Tavern for event at Community Center on August 22, 2020. 14. Local Charity Permit Application for Tioga Golf and & County Club raffles until August 6, 2020. 15. Payroll 06-22-2020. 16. Bills for June 2020 - Total Bills $230,788.70 Ackerman $230.00; ACME $508.76; Advance Busi- ness Methods $280.63; Amazon $338.22; Ameripride $57.92; Boss $336.12; C&G $2,989.50; Cir- cle Sanitation $25,445.50; Com- putech $434.49; DEQ Chemistry Lab $105.93; Dirty Diesel $450.00; EAPC $264.44; Embroidme $109.61; Envirotech $7,282.24; Esterholm $1,142.50; FED EX $4.31; Fergu- son 1,620.00; First District Health $75.00; Green Carpet Lawn $600.00; Heck Built $3,107.00; Hunter Fire- arms $1,998.00; Info Tech $135.25; Kim Henneberry $115.00; Lexis Nexis $77.81; Magic City $699.50; Menards $106.95; Minot Daily News $208.00; Minot Plumbing & Heat- ing $2,373.47; MDU $8,078.08; Moore $60,183.20; Mountrail Wil- liams Electric $1,040.10; Native Energy $7.78; ND Dept of Enviro Qty $15.00; ND League of Cities $1,346.00; ND One Call $54.00; NDACO $54.00; NCC $1,375.08; Office Dept $46.46; Pendlay Law $4,040.00; Pinnacle $1,996.20; Pitney Bowes $320.99; Praxair $26.85; Preble Medical $357.50; R&T $81,902.66; Ralphs Plumbing $137.00; RC Sports $613.52; Ruach $149.12; Share Corp $1,583.90; Swanton $1,040.00; Tioga Hardware $964.09; Tioga Hotel Suites $250.00; Tioga Parts Supply $304.61; Tio- ga Tire $123.51; Tioga Tribune $1,241.34; ULINE $773.33; Verizon $921.59; Visa $1887.30; Wanda Bagley $600.00; Weise County Green House $667.24; Williams County Hwy Dept $7,592.10. 17. Salinas handed exhibits to Commission Board of Pledge Holdings as of 06- 15-2020 and Pledge Holdings as of 06-16-2020, Special Liquor License Application from Model Tavern for event at Community Center on Au- gust 22, 2020, Local Charity Permit Application for Tioga Golf and & County Club raffles until August 6, 2020, Payroll 06-22-2020, Bills for June 2020 for their review and ap- proval. Bugbee made a motion to approve Pledge Holdings as of 06- 15-2020 and Pledge Holdings as of 06-16-2020, Special Liquor License Application from Model Tavern for event at Community Center on Au- gust 22, 2020, Local Charity Permit Application for Tioga Golf and & County Club raffles until August 6, 2020, Payroll 06-22-2020, Bills for June 2020, second by Sundhagen. Call: Ayes; Christianson, Bugbee, Sundhagen, Maize. With no further business, the meeting of the Tioga City Commission was adjourned by unanimous vote moved by Bugbee, second by Sundhagen at 9:31p.m. call: Ayes; Christianson, Bugbee, Sundhagen, Maize, McClelland. The next meeting of the City of Tioga Commission Meeting is scheduled for Monday July 20, 2020 at 7:00 p.m., to be held at the Tioga City Hall. Drake McClelland, City Com- mission President ATTEST: Abby Salinas, City Auditor Tioga School Board Special Meeting July 21, 2020 President Mark Schmidt called the special meeting to order at 5:02 p.m. James McGinnity, Jeremy Wallin, and Gail Joyce were present. Jeffrey Moberg Jr. was absent. Carolyn Eide and Jacob Orledge were also present. Joyce motioned that Tioga Public School District #15 pursues the vol- untary transfer of the surface interest of a parcel of land (Williams County School District #8 reserves all oil, gas, and mineral interest) to Tioga Public School District #15 from Williams County School District #8 in compliance with North Dakota Century Code, Section 15.1-12-07.1 subsection 1(a). McGinnity sec- onded. Roll call vote: McGinnity yes, Wallin yes, Joyce yes, Schmidt yes. Motion carried unanimously. McGinnity motioned that Tioga Public School District #15 approves the proposed adjustment of the district boundaries between Tioga Public School District #15 and Wil- liams County School District #8 as shown in the proposed adjustment of boundaries map and as described as: Dry Fork Township 155N 95W and Unorganized Township 154N 95W in compliance with North Dakota Century Code, Section 15.1-12-07.1, subsection 1(b). The approval sought is subject to Williams County School District #8 reserving all oil, gas, and mineral rights of the parcel of land proposed to be transferred to Tioga Public School District #15. Roll call vote: McGinnity yes, Wallin yes, Joyce yes, Schmidt yes. Motion carried unanimously. The Board reviewed and discussed the 2020-2021 Preliminary Budget. The budget hearing date was set as September 21, 2020 at 6:00 p.m. before the regular meeting. The next special meeting will be July 22, 2020 at 5:00 p.m. to approve the July 21, 2020 special meeting minutes and finalize paperwork for the land transfer. Meeting adjourned 5:23 p.m. Ronda M. Rudnik,Business Man- ager, Mark W. Schmidt, President Tioga School Board Special Meeting July 22, 2020 President Mark Schmidt called the special meeting to order in the THS board room at 5:00 p.m. James McGinnity, Jeremy Wallin, Jeffrey Moberg Jr. and Gail Joyce were pres- ent. Carolyn Eide was also present. Moberg motioned to approve the minutes for the 07/21/2020 special meeting, Joyce seconded. Roll call vote: McGinnity yes, Moberg yes, Wallin yes, Joyce yes, Schmidt yes. Motion carried unanimously. Moberg motioned to approve the voluntary land transfer of property from Williams County School Dis- trict #8 as presented on Form SFN 51799, seconded by Wallin. Roll call vote: McGinnity yes, Wallin yes, Moberg yes, Joyce yes, Schmidt yes. Motion carried unanimously. Meeting adjourned 5:15 p.m. Ronda M. Rudnik,Business Man- ager, Mark W. Schmidt, President Tioga School Board Special Meeting July 23, 2020 President Mark Schmidt called the special meeting to order in the THS board room at 2:00 p.m. James McGinnity, Jeremy Wallin, Jeffrey Moberg Jr. and Gail Joyce were pres- ent. Carolyn Eide was also present. Moberg motioned to approve the minutes for the 07/22/2020 special meeting, Joyce seconded. Roll call vote: McGinnity yes, Moberg yes, Wallin yes, Joyce yes, Schmidt yes. Motion carried unanimously. Meeting adjourned 2:05 p.m. Ronda M. Rudnik,Business Man- ager, Mark W. Schmidt, President Pursuant to a request filed with the City of Tioga Commission, LND7 LLC has requested a vaca- tion. This property lies within the exterior boundaries of the City of Tioga, located on the Pine Ridge Subdivision on Elizabeth Drive and Dennis Drive, lying within Pine Ridge Subdivision Plat – Phase 1, a rearrangement of MS13-0127 lo- cated in the N1/2NE1/4 of Section 28, Township 157 North, Range 95 West, Fifth Principal Merdian, City of Tioga, Williams County, North Dakota recorded in instrument No. 788867, in the office of the Williams County Recorder, , which is more particularly described as follows: A right of way vacation lying within a portion of Elizabeth Drive, Pine Ridge Subdivision Plat - Phase 1, a rearrangement of MS13-0127 located in the N1/2NE1/4 of Section 28, Township 157 North, Range 95 West, Fifth Principal Merdian, City of Tioga, Williams County, North Dakota which is more particularly described as follows; Beginning at the Southwest Corner Lot 2, Block 1, Pine Ridge Subdivision Plat - Phase 1, a plat on record at the Williams County, Recorders office; Thence N 89°57’53.5” E, a distance of 189.54 feet; Thence along a curve to the left a distance of 73.86 feet, said curve having a radius of 60.00 feet and a chord of 69.28 feet which bears S 54°42’01.7” W; Thence S 89°57’53.5” W, a distance of 132.97 feet; Thence N 00°01’54.5” W, a distance of 40.00 feet to the point of beginning. Track contains 5931.60 sq.ft or 0.14 acres. A right of way vacation lying within a portion of Dennis Drive, Pine Ridge Subdivision Plat - Phase 1, a rearrangement of MS13-0127 located in the N1/2NE1/4 of Section 28, Township 157 North, Range 95 West, Fifth Principal Merdian, City of Tioga, Williams County, North Dakota which is more particularly described as follows; Commencing at the Southwest Corner Lot 7, Block 2, Pine Ridge Subdivision Plat - Phase 1, a plat on record at the Williams County, Recorders office; Thence N 89°57’53.5” E, a distance of 105.30 feet to the point of beginning; Thence continuing N 89°57’53.5” E, a dis- tance of 22.98 feet; Thence along a curve to the right a distance of 20.90 feet, said curve having a radius of 155.00 feet and a chord of 20.89 feet which bears S 11°10’22.1” W; Thence S 15°02’10.1” W, a distance of 46.97 feet; Thence along a curve to the left a distance of 49.64 feet, said curve having a radius of 195.00 feet and a chord of 49.51 feet which bears S 07°44’35.4” W; Thence N 00°02’07.5” W, a distance of 114.90 feet to the point of beginning. Tract contains 1127.22 sq.ft or 0.03 acres. A public hearing on LND7 LLC request will be held by the Tioga City Commission on the 3rd day of August, 2020 at 6:00 p.m. All persons interested in the re- quest may review the same at the Tioga City Auditor’s Office, Tioga City Hall, from 8:00 a.m. until 5:00 p.m. Monday through Friday of each week, excluding legal holidays. (7/8,15,22,29) NOTICE OF PUBLIC HEARING Notice is hereby given that the deadline for filing to have a candi- date’s name printed on the ballot for the City of Ray is August 31st, 2020, by 4:00 p.m. The following city of- fices to be filled at the November 3rd, 2020, Election are: Ray City Commission: o Commissioners - 1 positions (2-year term) o President - 1 position (2-year term) Individuals seeking their name on the ballot for any one of these offices may obtain forms (SFN 2704 Peti- tion/Certificate of Nomination and SFN 10172 Statement of Interests) from the City Auditor by calling: Ray City Hall 701-568-2204 101 Main Street, Ray, N.D. 58849 Monday-Friday 9:00 a.m. to 3:00 p.m. Today, until August 31st, 2020, or online at http://votend.gov Can- didates information (7/29,8/5) NOTICE OF FILING DEADLINE Get your PASSPORT PHOTOS -- Printed to Government specs -- Professional photographs -- Same day service $15 NO APPOINTMENT NECESSARY

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Page 1: Page 6 -- Tioga Tribune Public Notices Tioga City ... · 7/29/2020  · IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TIOGA, NORTH DAKOTA, AS FOLLOWS: Article 11 – Crew Hous

Page 6 -- Tioga Tribune Public Notices Wednesday, July 29, 2020

Tioga City Commission MinutesCITY OF TIOGA

City Commission Meeting Minutes

June 6, 2020A meeting of the City Commis-

sion of the City of Tioga was called to order at 7:00 pm on July 6, 2020, at the Tioga City Hall, by the City Commissioner Drake McClelland. PRESENT: Drake McClelland, Tim Christianson, Natalie Bugbee, Tim Sundhagen, Larry Maize, Elizabeth Pendlay and Abby Salinas ABSENT: GUEST: Jacob Orledge, Josh Reiner, Brooke Cebulla, Mike Cebulla, Josh Nelson, Shawna Nelson, Heather Weflen. Christianson made a motion to approve the Commission Minutes of June 15, 2020 Regular Meeting, second by Maize. Roll Call: Ayes; Christianson, Bugbee, Sundhagen, Maize. Christianson made a motion to approve the Commission Minutes of June 25, 2020 Special Meeting, second by Bugbee. Roll Call: Ayes; Christianson, Bugbee, Sundhagen, Maize. Commissioners Reports: Bugbee: Advised Commission Board that the Community Center has re-opened and there are some great up-coming events planned in the future. Christianson: Advised Commission Board that he will be adding a work barge to the agenda. Maize: Advised Commission that he did walks on the Simons construction area for the final punch list items which will be complied by Moore Engineering. Sundhagen: Advised the Commis-sion Board he wanted to add to the agenda two 1% County applications and 2 promotions of Police Officers. McClelland: Advised Commission Board that he wanted to add to the agenda appointment of Engineering Firm for the City of Tioga. Modifica-tions/Approval of Agenda:

Christianson made a motion to add under new business agenda item #8 Water Department Work Barge, #9 1% County Grant Applications, #10 Employee Promotions, #11 Appoint-ment of Engineering Firm and ap-prove application with changes made, second by Bugbee. Call: Ayes; Chris-tianson, Bugbee, Sundhagen, Maize. Old Business: 1. Legal – Elizabeth Pendlay – Advised the Commission Board that the Crew Housing Ordi-nance has been completed and was given to the City Auditor. 2. Moore Engineering: Josh Reiner – Advised Commission Board of updates on the NE Reconstruction and handed ex-hibit to Commission Board of Pay Application #1 from BEK Construc-tion in the amount of $430,958.47. Sundhagen made a motion to approve pay application #1 from BEK Con-struction in the amount of $430,958.47 for the work completed on the NE Reconstruction Project, second by Christianson. Call: Ayes; Christian-son, Bugbee, Sundhagen, Maize. Reiner also advised the Commission Board of the substantial completion for Simons Addition Phase II Project, effective 06-26-2020. Reiner advised Commission Board on findings of walk though of Simons Project and Liquidated Damages that amount to $127,000.00, CC Steele owner Mike Cebulla stated that work was com-pleted according to plans from Acker-man Estvold and although the project was not completed on time due to weather his crew has come back to Tioga to finish the project, Cebulla also stated that he feels that no late fees should be charged by the City unless it’s to pay the new engineering firm Moore for taking over when Ackerman Estvold left as City Engi-neer. Cebulla feels that have been a typical cost incurred and he would be willing to pay that. Reiner stated that after reviewing all paper work there are still some areas of concern. Mc-Clelland advised that if the City agrees to the substantial completion would CC Stelle be willing to write a 3-year warranty on the areas of concern, Cebulla agreed. Discussions continued regarding liquidated dam-ages. Bugbee made a motion to charge CC Steele $53,000 in liqui-dated damages up to the date of substantial completion from May 4,

2020 to June 26, 2020, second by Christianson. Call: Ayes; Christian-son, Bugbee, Maize Nays; Sundha-gen. Sundhagen made a motion to not add incurred engineer fees for the Simons Project, second by Christian-son. Call: Ayes; Christianson, Bug-bee, Sundhagen, Maize. Reiner also advised Commission Board that there are also late fees from substantial completion to actual completion for the Simons project from CC Steele. Bugbee made a motion to table Liq-uidated Damage fees from Substan-tial Completion to the date of comple-tion till the project is complete, sec-ond by Sundhagen. Call: Ayes; Christianson, Bugbee, Sundhagen, Maize. Reiner handed pay applica-tion #2 in the amount of $225,742.33 from CC Steele for work completed on Simons Addition Phase II Project. Reiner recommends that if the Com-mission Board is satisfied with the work completed, they can approve to lower the retainage of the project to 5% and pay amount of $364,575.83. Sundhagen made a motion to lower the retainage sum of Simons Project to 5% and pay application #2 from CC Steele for the work completed on the Simons Project in the amount of $364,575.83, second by Christianson. Call: Ayes; Christianson, Bugbee, Sundhagen, Maize. Reiner also dis-cussed liquidated damages for the TAP 2018 Project, McClelland Di-rected Reiner to get an estimate of cost to fix the sidewalk that was left unusable on the TAP 2018 Project. Reiner handed exhibit to Commis-sion Board of estimate for the TAP 2019 Project for their review and consideration. Sundhagen made a motion to accept the estimate and continue with the TAP 2019 Project, second by Bugbee. Call: Ayes; Chris-tianson, Bugbee, Sundhagen, Maize. 3. FCI Construction- Salinas advised the Commission Board that FCI did not attend the Commission meeting because they have no new updates to present for now. 4. Community Cen-ter – Salinas handed exhibit to Com-mission Board of an estimate from Pro Finish Concrete to grind and seal the ice-skating rink at the Commu-nity Center in the amount of $18,062.50 for their review and consideration. Bugbee made a motion to accept the estimate from Pro Finish Concrete in the amount of $18,062.50, second by Sundhagen. Call: Ayes; Christianson, Bugbee, Sundhagen, Maize. 5. New Business: Ordinance 2020-04 Crew Housing 1st Reading - ORDINANCE NO. 2020-04 AN ORDINANCE SUPPLEMENTING AND AMENDING CHAPTER 5 (“ZONING –LAND USE PLAN-NING”), OF THE CITY OF TIOGA ORDINANCES; AN ORDINANCE GOVERNING TEMPORARY CREW HOUSING FACILITIES BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TIOGA, NORTH DAKOTA, AS FOLLOWS: Article 11 – Crew Hous-ing Facilities 5.1101 - Purpose and Findings The City Commission finds and declares that it is necessary and desirable for the purposes of main-taining and bettering the community preservation and improvement that Chapter 5 (“Zoning – Land Use Plan-ning”) be supplemented with the following regulations pertaining to conditional use permitting of and the operations surrounding temporary crew housing facilities within the City of Tioga and its extraterritorial zone. Except as expressly sup-planted, modified or repealed in this supplemental Article 12 of Chapter 5, the regulations contained in said Chapter 5 remain in full force and effect. 5.1114 – Penalty In addition to the suspension or revocation provi-sions contained herein, a violation of the provisions of this ordinance may result in the imposition of a civil fine of up to $500.00 per day, for each and every day a violation of this ordi-nance may occur. (A copy of the full ordinance can be obtained at City Hall Mon-Fri, 8am-5pm) Bugbee made a motion to accept the 1st Read-ing of Ordinance 2020-04 Crew

Housing, second by Christianson. Call: Ayes; Christianson, Bugbee, Sundhagen, Maize. 6. Ordinance 2020-05 Infrastructure Sales Tax Continuance 1st Reading – ORDI-NANCE NO. 2020-05 AN ORDI-NANCE TO ESTABLISH AND REGULATE A CITY SALES, USE, AND GROSS RECEIPTS TAX UN-DER THE HOME RULE CHARTER OF THE CITY OF TIOGA. BE IT ORDAINED BY THE CITY COM-MISSION OF THE CITY OF TIO-GA, WILLIAMS COUNTY, NORTH DAKOTA: SALES, USE, AND GROSS RECEIPTS TAX Defini-tions. All terms defined in chapters 40-05.1, 57-39.2, 57-39.4, 57-39.5, 57-39.6, and 57-40.2 of the North Dakota Century Code (N.D.C.C.), including any future amendments, are adopted by reference. All references to the N.D.C.C. include amendments adopted by the North Dakota Legisla-tive Assembly. Note: In order to in-clude the language “including any future amendments”, the city’s home rule charter would need to allow for this. Collection and Administration. Where not in conflict with the provi-sions of this Ordinance, the provi-sions of N.D.C.C. chapters 40-05.1, 57-39.2, 57-39.4, 57-39.5, 57-39.6, and 57-40.2, and all administrative rules adopted by the Tax Commis-sioner, pertaining to the collection and administration of the retail sales, use, and gross receipts tax, including provisions for liability, refund, pen-alty, interest or credit, govern the administration by the North Dakota Office of State Tax Commissioner (hereinafter “Tax Commissioner”) of the taxes imposed by this Ordinance. Sales Tax Imposed. Subject to the provisions of N.D.C.C. § 40-05.1-06, and except as otherwise provided by this Ordinance, or the sales and use tax laws of the State of North Da-kota, a tax of 1 percent is imposed upon the gross receipts of retailers from all sales at retail, including the leasing or renting of tangible per-sonal property, within the corporate limits of the of the city of Tioga, North Dakota. Use Tax Imposed. Subject to the provisions of N.D.C.C. § 40-05.1-06, and except as otherwise provided in this Ordinance, or the sales and use tax laws of the State of North Dakota, an excise tax is im-posed upon the storage, use, or con-sumption within the corporate limits of the city of Tioga, North Dakota of tangible personal property purchased at retail for storage, use, or consump-tion in this city, at the rate of 1 percent of the purchase price of the property. An excise tax is imposed on the stor-age, use, or consumption within the corporate limits of the city of Tioga, North Dakota of tangible personal property not originally purchased for storage, use, or consumption in this city at the rate of 1 percent of the fair market value of the property at the time it was brought into this City. With respect to the purchase price of tangible personal property used by a contractor or subcontractor to fulfill a contract as defined in N.D.C.C. § 57-40.2-03.3, the tax imposed by this section applies only to bids submitted on or after the effective date of this Ordinance. Gross Receipts of Alco-holic Beverages. Subject to the provi-sions of N.D.C.C. § 40-05.1-06, and except as otherwise provided in this Ordinance, a gross receipts tax of 1 percent is imposed upon all gross receipts from the sale of alcoholic beverages within the city. A person who receives alcoholic beverages for storage, use, or consumption in this state is subject to tax on storage, use, or consumption of those alcoholic beverages at the rate of 1 percent. Gross Receipts of New Farm Ma-chinery and New Farm Irrigation Equipment. Subject to the provisions of N.D.C.C. § 40-05.1-06, and except as otherwise provided in this Ordi-nance, a gross receipts tax of 1 per-cent is imposed upon all gross re-ceipts from the sale of new farm machinery and new farm irrigation equipment within the city. A person who receives new farm machinery or

new farm irrigation equipment for storage, use, or consumption in this state is subject to tax on storage, use, or consumption of that machinery and/or equipment at the rate of 1 percent. Exemptions. This Ordinance does not provide for any additional exemptions from imposition and computation of the city sales and use tax other than those provided by state law. Sales to contractors that are ex-empt pursuant to subsection 15 of N.D.C.C. § 57-39.2-04 shall be ex-empt from any city sales tax, but contractors shall be subject to the city use tax on those items used within the city that would be taxed pursuant to N.D.C.C. § 57-40.2-03.3 on which the city sales tax has not previously been paid. Contract with Tax Com-missioner. The Tioga City Auditor is hereby authorized to contract with the Tax Commissioner for administration and collection of taxes imposed by this Ordinance. The City Auditor has all powers granted to the Tax Com-missioner and in the absence of a valid contract with the Tax Commis-sioner or failure of the Tax Commis-sioner to perform the delegated du-ties, shall perform these duties in place of the Tax Commissioner. Dedication of Tax Proceeds 1 percent of all revenues collected under this ordinance shall be dedicated to a special fund for infrastructure pur-poses. Effective Date. This Ordinance shall take effect after its passage, approval, and publication, but not prior to December 31, 2020. Sundha-gen made a motion to accept the 1st Reading of Ordinance 2020-05 Infra-structure Sales Tax Continuance, second by Bugbee. Call: Ayes; Chris-tianson, Bugbee, Sundhagen, Maize. 7. Planning and Zoning Vacant Seat – Salinas handed an exhibit of a Let-ter of Resignation from the Planning and Zoning Board from Tyler Judkins and a Letter of Interest for the vacant Planning and Zoning seat from De-siree Hanson for their review and consideration. Sundhagen made a motion to accept the letter of resigna-tion from Tyler Judkins from the Planning and Zoning Board, second by Bugbee. Call: Ayes; Christianson, Bugbee, Sundhagen, Maize. Bugbee made a motion to appoint Desiree Hanson for the Planning and Zoning vacant seat, second by Maize. Call: Ayes; Christianson, Bugbee, Sund-hagen, Maize. 8. Water Department Work Barge – Christianson stated that the Water Department found a work barge to use in the waste water treat-ment plant lagoons, lowest estimate was $12,000. Christianson made a motion to purchase the work barge for the waste water treatment plant for up to $12,000, second by Bugbee. Call: Ayes; Christianson, Bugbee, Sundhagen, Maize. 9. 1% County Grant Applications – Sundhagen handed exhibit to Commission Board of application to apply for a 1% County Grant for the purchase of all new radios in the amount of $118,873.24 for their review and consideration. Sundhagen stated that this will be needed because the State of ND is changing all radio equip-ment that is utilized. Sundhagen made a motion to apply for the 1% County Grant in the amount of $118,873.24 to purchase all new ra-dio systems, second by Bugbee. Call: Ayes; Christianson, Bugbee, Sund-hagen, Maize. Sundhagen handed exhibit to Commission Board of ap-plication to apply for a 1% County Grant for the purchase of all new Tasers in the amount of $16,991. Sundhagen made a motion to apply for the 1% County Grant in the amount of $16,991 to purchase all new Tasers, second by Bugbee. Call: Ayes; Christianson, Bugbee, Sund-hagen, Maize. 10. Employee Promo-tion – Sundhagen handed exhibits to the Commission Board of promotion and raise recommendations for Ser-geant Josh Nelson and Officer Jared Attanasio for their review and con-sideration. Sundhagen made a motion to approve Sergeant Josh Nelson’s promotion recommendation to a Lieutenant at $30.22 per hour effec-

tive July 16, 2020, second by Bugbee. Roll Call: Ayes; Christianson, Bug-bee, Sundhagen, Maize. Sundhagen made a motion to approve Officer Jared Attanasio’s promotion recom-mendation to a Corporal at $26.24 per hour effective July 16, 2020, second by Bugbee. Roll Call: Ayes; Christianson, Bugbee, Sundhagen, Maize. 11. Appointment of Engineer Firm – McClelland advised Commis-sioner Board that a decision needs to be made whether to appoint current engineer until next election June 2022 or go out for bids for a new engineering firm. Bugbee made a motion to appoint Moore Engineer-ing as the City Engineer Firm until the next re-organization meeting that will take place in June of 2022, sec-ond by Christianson. Roll Call: Ayes; Christianson, Bugbee, Sundhagen, Maize.

Consent Approval: 12. Pledge Holdings as of 06-15-2020 and Pledge Holdings as of 06-16-2020. 13. Special Liquor License Applica-tion from Model Tavern for event at Community Center on August 22, 2020. 14. Local Charity Permit Application for Tioga Golf and & County Club raffles until August 6, 2020. 15. Payroll 06-22-2020. 16. Bills for June 2020 - Total Bills $230,788.70 Ackerman $230.00; ACME $508.76; Advance Busi-ness Methods $280.63; Amazon $338.22; Ameripride $57.92; Boss $336.12; C&G $2,989.50; Cir-cle Sanitation $25,445.50; Com-putech $434.49; DEQ Chemistry Lab $105.93; Dirty Diesel $450.00; EAPC $264.44; Embroidme $109.61; Envirotech $7,282.24; Esterholm $1,142.50; FED EX $4.31; Fergu-son 1,620.00; First District Health $75.00; Green Carpet Lawn $600.00; Heck Built $3,107.00; Hunter Fire-arms $1,998.00; Info Tech $135.25; Kim Henneberry $115.00; Lexis Nexis $77.81; Magic City $699.50; Menards $106.95; Minot Daily News $208.00; Minot Plumbing & Heat-ing $2,373.47; MDU $8,078.08; Moore $60,183.20; Mountrail Wil-liams Electric $1,040.10; Native Energy $7.78; ND Dept of Enviro Qty $15.00; ND League of Cities $1,346.00; ND One Call $54.00; NDACO $54.00; NCC $1,375.08; Office Dept $46.46; Pendlay Law $4,040.00; Pinnacle $1,996.20; Pitney Bowes $320.99; Praxair $26.85; Preble Medical $357.50; R&T $81,902.66; Ralphs Plumbing $137.00; RC Sports $613.52; Ruach $149.12; Share Corp $1,583.90; Swanton $1,040.00; Tioga Hardware $964.09; Tioga Hotel Suites $250.00; Tioga Parts Supply $304.61; Tio-ga Tire $123.51; Tioga Tribune $1,241.34; ULINE $773.33; Verizon $921.59; Visa $1887.30; Wanda Bagley $600.00; Weise County Green House $667.24; Williams County Hwy Dept $7,592.10. 17. Salinas handed exhibits to Commission Board of Pledge Holdings as of 06-15-2020 and Pledge Holdings as of 06-16-2020, Special Liquor License Application from Model Tavern for event at Community Center on Au-gust 22, 2020, Local Charity Permit Application for Tioga Golf and & County Club raffles until August 6, 2020, Payroll 06-22-2020, Bills for June 2020 for their review and ap-proval. Bugbee made a motion to approve Pledge Holdings as of 06-15-2020 and Pledge Holdings as of 06-16-2020, Special Liquor License Application from Model Tavern for event at Community Center on Au-gust 22, 2020, Local Charity Permit Application for Tioga Golf and & County Club raffles until August 6, 2020, Payroll 06-22-2020, Bills for June 2020, second by Sundhagen. Call: Ayes; Christianson, Bugbee, Sundhagen, Maize. With no further business, the meeting of the Tioga City Commission was adjourned by unanimous vote moved by Bugbee, second by Sundhagen at 9:31p.m. call: Ayes; Christianson, Bugbee, Sundhagen, Maize, McClelland.

The next meeting of the City of Tioga Commission Meeting is

scheduled for Monday July 20, 2020 at 7:00 p.m., to be held at the Tioga City Hall.

Drake McClelland, City Com-mission President ATTEST: Abby Salinas, City Auditor

Tioga School BoardSpecial Meeting

July 21, 2020President Mark Schmidt called the

special meeting to order at 5:02 p.m. James McGinnity, Jeremy Wallin, and Gail Joyce were present. Jeffrey Moberg Jr. was absent. Carolyn Eide and Jacob Orledge were also present.

Joyce motioned that Tioga Public School District #15 pursues the vol-untary transfer of the surface interest of a parcel of land (Williams County School District #8 reserves all oil, gas, and mineral interest) to Tioga Public School District #15 from Williams County School District #8 in compliance with North Dakota Century Code, Section 15.1-12-07.1 subsection 1(a). McGinnity sec-onded. Roll call vote: McGinnity yes, Wallin yes, Joyce yes, Schmidt yes. Motion carried unanimously.

McGinnity motioned that Tioga Public School District #15 approves the proposed adjustment of the district boundaries between Tioga Public School District #15 and Wil-liams County School District #8 as shown in the proposed adjustment of boundaries map and as described as: Dry Fork Township 155N 95W and Unorganized Township 154N 95W in compliance with North Dakota Century Code, Section 15.1-12-07.1, subsection 1(b). The approval sought is subject to Williams County School District #8 reserving all oil, gas, and mineral rights of the parcel of land proposed to be transferred to Tioga Public School District #15. Roll call vote: McGinnity yes, Wallin yes, Joyce yes, Schmidt yes. Motion carried unanimously.

The Board reviewed and discussed the 2020-2021 Preliminary Budget. The budget hearing date was set as September 21, 2020 at 6:00 p.m. before the regular meeting.

The next special meeting will be July 22, 2020 at 5:00 p.m. to approve the July 21, 2020 special meeting minutes and finalize paperwork for the land transfer.

Meeting adjourned 5:23 p.m.Ronda M. Rudnik,Business Man-

ager, Mark W. Schmidt, PresidentTioga School Board

Special MeetingJuly 22, 2020

President Mark Schmidt called the special meeting to order in the THS board room at 5:00 p.m. James McGinnity, Jeremy Wallin, Jeffrey Moberg Jr. and Gail Joyce were pres-ent. Carolyn Eide was also present.

Moberg motioned to approve the minutes for the 07/21/2020 special meeting, Joyce seconded. Roll call vote: McGinnity yes, Moberg yes, Wallin yes, Joyce yes, Schmidt yes. Motion carried unanimously.

Moberg motioned to approve the voluntary land transfer of property from Williams County School Dis-trict #8 as presented on Form SFN 51799, seconded by Wallin. Roll call vote: McGinnity yes, Wallin yes, Moberg yes, Joyce yes, Schmidt yes. Motion carried unanimously.

Meeting adjourned 5:15 p.m.Ronda M. Rudnik,Business Man-

ager, Mark W. Schmidt, President Tioga School BoardSpecial Meeting

July 23, 2020President Mark Schmidt called

the special meeting to order in the THS board room at 2:00 p.m. James McGinnity, Jeremy Wallin, Jeffrey Moberg Jr. and Gail Joyce were pres-ent. Carolyn Eide was also present.

Moberg motioned to approve the minutes for the 07/22/2020 special meeting, Joyce seconded. Roll call vote: McGinnity yes, Moberg yes, Wallin yes, Joyce yes, Schmidt yes. Motion carried unanimously.

Meeting adjourned 2:05 p.m.Ronda M. Rudnik,Business Man-

ager, Mark W. Schmidt, President

Pursuant to a request filed with the City of Tioga Commission, LND7 LLC has requested a vaca-tion. This property lies within the exterior boundaries of the City of Tioga, located on the Pine Ridge Subdivision on Elizabeth Drive and Dennis Drive, lying within Pine Ridge Subdivision Plat – Phase 1, a rearrangement of MS13-0127 lo-cated in the N1/2NE1/4 of Section 28, Township 157 North, Range 95 West, Fifth Principal Merdian, City of Tioga, Williams County, North Dakota recorded in instrument No. 788867, in the office of the Williams County Recorder, , which is more particularly described as follows:

A right of way vacation lying within a portion of Elizabeth Drive, Pine Ridge Subdivision Plat - Phase 1, a rearrangement of MS13-0127

located in the N1/2NE1/4 of Section 28, Township 157 North, Range 95 West, Fifth Principal Merdian, City of Tioga, Williams County, North Dakota which is more particularly described as follows; Beginning at the Southwest Corner Lot 2, Block 1, Pine Ridge Subdivision Plat - Phase 1, a plat on record at the Williams County, Recorders office; Thence N 89°57’53.5” E, a distance of 189.54 feet; Thence along a curve to the left a distance of 73.86 feet, said curve having a radius of 60.00 feet and a chord of 69.28 feet which bears S 54°42’01.7” W; Thence S 89°57’53.5” W, a distance of 132.97 feet; Thence N 00°01’54.5” W, a distance of 40.00 feet to the point of beginning. Track contains 5931.60 sq.ft or 0.14 acres.

A right of way vacation lying

within a portion of Dennis Drive, Pine Ridge Subdivision Plat - Phase 1, a rearrangement of MS13-0127 located in the N1/2NE1/4 of Section 28, Township 157 North, Range 95 West, Fifth Principal Merdian, City of Tioga, Williams County, North Dakota which is more particularly described as follows; Commencing at the Southwest Corner Lot 7, Block 2, Pine Ridge Subdivision Plat - Phase 1, a plat on record at the Williams County, Recorders office; Thence N 89°57’53.5” E, a distance of 105.30 feet to the point of beginning; Thence continuing N 89°57’53.5” E, a dis-tance of 22.98 feet; Thence along a curve to the right a distance of 20.90 feet, said curve having a radius of 155.00 feet and a chord of 20.89 feet which bears S 11°10’22.1” W; Thence S 15°02’10.1” W, a distance

of 46.97 feet; Thence along a curve to the left a distance of 49.64 feet, said curve having a radius of 195.00 feet and a chord of 49.51 feet which bears S 07°44’35.4” W; Thence N 00°02’07.5” W, a distance of 114.90 feet to the point of beginning. Tract contains 1127.22 sq.ft or 0.03 acres.

A public hearing on LND7 LLC request will be held by the Tioga City Commission on the 3rd day of August, 2020 at 6:00 p.m.

All persons interested in the re-quest may review the same at the Tioga City Auditor’s Office, Tioga City Hall, from 8:00 a.m. until 5:00 p.m. Monday through Friday of each week, excluding legal holidays.

(7/8,15,22,29)

NOTICE OF PUBLIC HEARINGNotice is hereby given that the

deadline for filing to have a candi-date’s name printed on the ballot for the City of Ray is August 31st, 2020, by 4:00 p.m. The following city of-fices to be filled at the November 3rd, 2020, Election are:

Ray City Commission:o Commissioners - 1 positions (2-year term)o President - 1 position (2-year term)Individuals seeking their name on

the ballot for any one of these offices

may obtain forms (SFN 2704 Peti-tion/Certificate of Nomination and SFN 10172 Statement of Interests) from the City Auditor by calling:

Ray City Hall701-568-2204101 Main Street,Ray, N.D. 58849Monday-Friday 9:00 a.m. to 3:00

p.m.Today, until August 31st, 2020,

or online at http://votend.gov Can-didates information

(7/29,8/5)

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