The Bismarck Tribune from Bismarck, North Dakota • 28

Dakota -JC 'Wednesday, July 28, 2004 Bismarck Tribune bismarcktribune.com Response to tornado ovemhelming 1 IT lrr SEC accuses former Qwest executive of concealing funds DENVER (AP) The Secu-! Jities and Exchange Commis-" sion filed a civil fraud charge Tuesday against a former 2 executive of a Qwest Commu-" "nications International sub- sidiary, alleging he concealed $112 million of improperly recognized revenue. The complaint, filed in U.S. District Court, alleges former Qwest Wireless chief financial IT officer Michael Felicissimo concealed an overstatement of revenues from mobile I phone products and services. Felicissimo did not immediately return a phone call seeking comment. The complaint alleged that between January 2000 and September 2001, Qwest Wire- less improperly recorded revenue from mobile phone accessories that were given to customers for free as an inducement to buy other products and services.

The accounting group informed Felicissimo of the errors, but rather than report it to the president of Qwest Wireless or other Qwest executives, he concealed the resulting overstatements and directed others to do the same, the complaint said. The SEC is seeking the return of compensation, bonuses and other income stemming from the alleged overstatements and an order barring Felicissimo from serving as a director or officer of a publicly held company. BNSF reports higher profit, plans to do more hiring FORT WORTH, Texas (AP) Freight railroad Burlington Northern Santa Fe Corp. said Tuesday that profit rose nearly 25 percent in the April-June period on record shipments and higher prices, and that it would hire a total of 2,300 new employees to handle anticipated volume in 2005. The company said it earned $249 million in the quarter, or 67 cents per snare, compared with $200 million, or 54 cents per share, a year earlier.

Analysts surveyed by Thomson First Call had forecast 64 cents per share. Revenue rose to $2.69 billion from $2.29 billion a year earlier, topping analysts' forecast of $2.61 billion in sales. Chairman and chief executive Matthew K. Rose said the company was helped by record volumes and a 2 percent increase in average rates charged to shippers. Operating costs, however, jumped 16 percent, to $2.18 billion, partly because of higher fuel prices.

Demand continued to be strong and the company said it would hire more workers then previously planned. MARION (AP) The devastation was. overwhelming when a tornado ripped through the Noot farm near here earlier this month. And so was the response. The farm of brothers Dana and Jay Noot and their father, Willey, was destroyed July 18 by an F4 tornado, a classification that means winds up to 260 mph.

The Noots lost their homes, equipment, livestock and pets, but escaped injury themselves because they were not home when the tornado hit. Over the past week, volunteers came from all over the state to help clean up the farm, said neighbor Rita Greer, the coordinator of the relief effort. Some people took their first break Sunday, six days after the tornado struck, Greer said. "The farmers had been here since Sunday (July 18), and they were exhausted," she said. Businesses donated labor, the use of heavy equipment and food.

Area residents brought their own heavy equipment and worked 12-hour days or longer. "The Noots arejust so grateful," Greer said. "These are self-reliant people. They've always worked hard and relied on themselves, and now they are humbled by the Metal from wrecked equipment and grain bins has been put into piles, waiting to be hauled away. Trees and wooden building parts will be burned.

Other items, such as cement chunks, will be buried. "They've (volunteers) been busy," Dana Noot said. "People have other work to do, too, but they have really been helping out AVAILABLE HERE! The remains of a tractor sit on the ground Monday at the Noot family farm near Marion. Many volunteers have assisted in cleanup after a tornado destroyed the farm a week earlier. Three damaged grain bins can be seen in the background.

ft. 1 AP though Jay Noot said it would be expensive to replace the many buildings hit by the tornado. "I'm sure a million dollars wouldn't do it," he said. Dana Noot said he and his wife had insurance on their home and he and his brother had insured some of their equipment, but most of their property was not insured. Like his brother, Dana Noot said he could not estimate the total damage.

"It's big, he said. A Noot Recovery Fund has been set up at Wells Fargo bank, and at First State Bank of LaM-oure. JeSfea a lot." Volunteer Clarence Van Bruggen estimated that 100 or more people have been helping on the Noot farm every day. He worked there for five days, breaking Friday to work on his harvest equipment, he said. Van Bruggen sorted through the rubble on the Noot farm to find loose tools or salvageable machinery.

"It was about like if you poured the tools into a blender and stirred it around," he said, referring to the force of the tornado. He is pleased that so many people from the community Jeans Day is coming Friday! jf 'SSSSS' Blue wr-f Wash punxMny or 1r Tlni r.rlll.l.r.n Carwash Special Carwash, wax and dry. gallon gas fill. One coupon per fill. Offer good Sunday Only at Kirkwood Tesoro valid with any other coupons.

Expires 83104 Fire Call, LiuSf Quality Wash tt Jk With Gas Fill Bismarck Minot Rapid Gty 2205 E. Broadway 2800 S. Broadway 2704 Plant St. This month's charity is the Community Action Program FTI THE BISMARCK lRIBUNE Carwash Special Carwash, wax and dry. hand prep and hand dry.

Offer good Saturday Sunday only. Only at Main Tesoro valid with any other coupons. Expires 83104 Tesoro 6th Rossor 223-5434 Tesoro 1833 E. Main Ave. 223-8222 Tesoro 525 3rd SI.

255-3198 No payments and Ice GrillCooler with qualifying purchase Sec stores for details stop by, or let us come to you. 838 3700 (605) 341-2045 returned to bidder immediately. The Owner reserves the right to hold all legitimate bids for a period of thirty days after the date fixed for the opening thereof. It is the intent of the Owner to award a contract to the lowest and best bidder. The owner further reserves the right to reject any and all bids and to waive irregularities, and shall incur no legal liability for the State for the payment of any monies until the contract is awarded and approved by the proper authorities.

In compliance with Section 48-02-06 of the North Dakota Century Code, the successful bidder shall be required to furnish bonds covering the faithful performance of the Contract and the payment of all obligations thereunder, and all additional obligations required by the state of North Dakota. Each bond shall be in an amount equal to the full contract sum. Submit your offer on the Bid Form provided. Bidders may supplement this form as appropriate. For: North Dakota Game and Fish Department By: Paul Schadewald, Chief, Administrative Services Division 728 84,1 (OI) Z-119S (701) may be obtained from the office of the JPL Architects, 1 10 North Third Street Bismarck, ND, 701-222-1565 free of charge upon receipt of a refundable deposit by cash, in the amount of $100 for one set All non-responsive bidders shall forfeit their deposit to the Architect All bids received after the scheduled time will be returned to the bidder unopened.

Each bid shall be submitted in duplicate copy and enclosed in a sealed envelope upon which the necessary information is disclosed as required by Supplementary Instructions to Bidders. Bidders will be required to provide Bid security in the form of a Bid Bond of a sum no less than 5 percent of the Bid Amount, including all add alternates to the bid items; made payable to North Dakota Game and Fish Department and executed by the bidder as principle and by a surety company authorized to do business in the state of North Dakota. Bidders awarded contracts will effect and execute a contract in accordance with the terms of his bid and a contractors bond as required by law and the regulations and determinations of the Owner, within ten days after notice of such award. In compliance with Section 43-07-12 of the North Dakota Century Code, each contractor submitting a bid must have a copy of his North Dakota Contractor's license or certificate of renewal thereof issued by the secretary of sate enclosed in the bid bond envelope; must be licensed for the highest amount of his total bid combination including add alternates; and such license must have been in effect at least ten days prior to the date of the bid opening. No bid will be read or considered which does not fully comply with the provisions herein as to bonds and licenses, and any deficient bid submitted will be resealed and came to help the Noots.

But the cleanup work is "not done by a long shot," he said. Delmer Rohrbeck helped over the past week with one of his pay-loaders and loaned out another payloader for someone else to use on the farm. "There's a lot left to do," he said. Willey Noot is living in a Federal Emergency Management Agency trailer. Dana, Nancy and Nick Noot are living in temporary housing, Greer said.

Jay Noot and his family live in Marion. They had operated a custom hay bale hauling business out of the farm. The Noots plan to rebuild, given in the United States District Court for the District of North Dakota, on January 30, 2004, in favor of the United States of America, as plaintiff, and against DUANE A. SCHAEFFER; WINNA J. SCHAEFFER aka WINNA JEAN SCHAEFFER; LARRY WITTMAN, Personal Representative of the Estate of LEANARD S.

HANSON; A W. WENTZ a partnership; CAPITOL CREDIT UNION; and KARLA HAMMOND, as defendants, it has been adjudged that there is due and owing to the plaintiff by the defendant DUANE A. SCHAEFFER, principal in the sum of $217,969.09 and interest to October 25, 2002, of $54,426.54, together with the costs and disbursements of this action amounting to $240.00, making a total of $272,635.63, plus prejudgment interest which accrues at a daily rate of $47.7740 until the date of entry of judgment with interest accruing after entry of judgment at the legal rate. And, having received a copy of said Judgment duly certified by the Clerk of said Court directing the United States Marshal to sell the mortgaged property described in the Judgment at public auction to the highest and best bidder for cash, all the right, title and interest of said defendants in the property described in the aforementioned Judgment as follows subject to all outstanding liens and mortgages, assignments on record, known and unknown. The purchaser of said property may be liable for outstanding mortgages, liens and assignments.

That the plaintiff has a first second, third, fourth, fifth and sixth valid and subsisting mortgage lien on the following described real estate situated in the County of Burleigh, State of North Dakota, which will be sold by the United States Marshal: Burleigh County Township 144 North. Range 77 West Section 7: SI2SWI4, NEI4, less three acres of land in a square form in the NE corner of the NEI4; Section 18: EI2NWI4, Lots 1, 2, 3 4, EI2SWI4; Township 144 North. Range 78 West Section 1 2: SE 14, SWIM; Section 1 3: NW 14, NEI4. That the sale will be held on the I Ith day of August 2004, at the front door of the Burleigh County Courthouse, Bismarck, North Dakota, at 10:00 a.m. Any individual who is interested in obtaining the estimated market value of the above-described property andor the amount that will be bid by Farm Service Agency at the sale should contact that office at (701)463-2268.

Personal checks will not be accepted. Payments must be in the form of a cashier's check or money order available within two hours after the sale. In the event the United States is compelled to reschedule the sale because the highest bidder cannot pay the bid price in the manner and time required, said bidder will be liable for the costs of resale. Dated at Fargo, North Dakota, on this 30th day of June, 2004. David Carpenter, United States Marshal for the District of North Dakota.

77,14,21,28 194318 SECTION 00100 BID SOLICITATION The Owner (hereinafter referred to as North Dakota Game and Fish Department): North Dakota Game and Fish Department 100 North Bismarck Expressway Bismarck, North Dakota 58501 DATE: July 23,2004 TO: POTENTIAL BIDDERS Your firm is invited to submit an offer under seal to North Dakota Game and Fish Department for construction of a ShopStorage Facility located at the above address before 4:00 pm local standard time on the 26th day of August 2004, at which time they will be publicly opened and read aloud. The Owner will consider separate prime bids for General, Mechanical, Plumbing, HVAC, and Electrical Construction. Bid documents for a Stipulated Sum contract LOTTERY TICKETS TESORO 17 "'111! IWI REQUEST FOR BID PROPOSAL The Standing Rock Community School is requesting bid proposals for Legal Services. Proposals can be submitted to Mr. Eugene LaFromboise, Superintendent at 9189 Hwy.

24. Fort Yates. North Dakota 58538. Proposals will be accepted until July 30. 2004.

If further information is requested, please contact Superintendent at 701-854-2142. 7 1 4, 1 6, 1 9,2 1 .23.26,28.30 1 94344 For Public Notice: The Region VII Interagency Coordinating Committee is an advisory committee which addresses regional services for infants and toddlers with developmental delays or disabilities and their families. The committee will meet on Wednesday, August 4,2004 from 10:00 a.m.to 12:01 p.m. (Central time) at the Bismarck Public Library, 515 N. Sth St.

Bismarck, ND. Agenda topics include: Quality Improvement Checklist, Report from the Medical Services Task Force, Status of Standing Rock Infant Development program, Review of bi-annual compliance data, Report on University of Mary Leadership project. Set meeting dates for upcoming year. 728-194400 INFORMATIONAL MEETING On Monday, August 9, 2004. at 3:30 PM CDT, in the Bismarck Public LibraryVeteran's Memorial (Rm I CIC Ck C- I.

Kir n. jui ju ecL, dim i idi ck, inu, trie Corporation for National Community Service Dakotas State Program Director John Pohlman, will be conducting an informational meeting and providing technical assistance to any public or private nonprofit agency which may consid er sponsorship of the Retired Senior Volunteer Program (RSvP). 728- 87- 194398 Name, address and telephone number of attorney: Wheeler Wolf Law Firm, PC. 220 N. 4th St P.O.

Box 2056 Bismarck, ND 58502 (701)223-5300 Damian J. Huettl Attorneys for: Estate of Michael F. Fink Probate No.04POII3 In the matter of the estate of Michael Fink deceased. Notice To Creditors In The District Court for Burleigh County, State of North Dakota NOTICE IS HEREBY GIVEN that the undersigned have been appointed Personal Representative of the above estate. Pursuant to section 30.1-19-01.

N.D.C.C., 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 Tad Fink, 423 Meadow Lane, Bismarck, North Dakota, 58504, Personal Representative of the estate, or filed with the Court Dated: July 14,2004 sTad Fink Tad Fink 721,28 84- 194383 Name, address and telephone number of attorney: Wagner Law Firm. PC 1533 12th St. PO. Box 639 Bismarck, ND 58502 (701)530-9410 Weekend Touchess i With 6 Saturday Not Weekend i Touchless Includes and Not Main Kirkwood Deadlines PUBLISH BY RECEIVE BY Mon Thun.

12 Noon Tues Fri. 1 2 Noon Wed Mon. Noon Thurs Mon. 5PM 5PM Sat Wed. 12 Noon v.

may also submit oral or written comments regarding these requests prior to the meeting to the Planning and Development Department PO Box 5503, Bismarck, ND 58506-5503, phone (701) 222-6447 or fax -(701)222-6450. A description of these requests are on file and may be viewed or copied any working day between 8:00 a.m. and 5:00 p.m. at the City-County Planning and Development Department 22 1 North 5th Street Bismarck, North Dakota. Carl D.

Hokenstad, County Planner For Burleigh County Planning Commission Dated this 22nd day of July, 2004. 728 4 84- 194399 NOTICE OF SALE United States of America v. JEREMY HEIL-MAN; AMY C. HEILMAN; and A. R.

AUDIT SERVICES, a corporation, Civil No. Al-04-035. Notice is hereby given that by virtue of a Judgment and Decree of Foreclosure Sale entered and given in the United States District Court for the District of North Dakota, on July 19, 2004, in favor of the United States of America, as plaintiff, and against JEREMY HEILMAN; AMY C. HEILMAN; and A.R.AUDIT SERVICES, a corporation, as defendants, it has been adjudged that there is due and owing to the plaintiff by the defendants, JEREMY HEILMAN and AMY C. HEILMAN, principal in the sum of $79,487.99 and Interest to July 13, 2004.

of $8,388.52, together with the costs and disbursements of this action amounting to 1 50, making a total of $88,026.51, with interest accruing thereafter a the legal rate. And, having received a copy of said Judgment duty certified by the Clerk of said Court directing the United States Marshal to sell the mortgaged property described in the Judgment at public auction to the highest and best bidder for cash, all the right, title and interest of said defendants in the property described in the aforementioned Judgment as follows subject to all outstanding liens and mortgages, assignments on record, known and unknown. The purchastr of said property may be liable for outstanding mortgages, liens and assignments. That the plaintiff has a first and second, valid and subsisting mortgage lien on the following described real estate situated in the County of Burleigh, State of North Dakota, which will be sold by the United States Marshal: Lot Nine (9), Block Twelve (12) Second Addition to the City of Lincoln, Burleigh County, North Dakota. That the sale will be held on the 2nd day of September, 2004, at the front door of the Burleigh County Courthouse, Bismarck, North Dakota, at 10:00 a.m.

Any individual who is interested in obtaining the estimated market value of the above-described property andor the amount that will be bid by Rural Development at the sale should contact that office at (701)250-4367. Personal checks will not be accepted. Payments must be in the form of a cashier's check or money order available within two hours after the sale. In the event the United States is compelled to reschedule the sale because the highest bidder cannot pay the bid price in the manner and time required, said bidder will be liable for the costs of resale. Dated at Fargo, North Dakota, on this 26th day of July, 2004.

David Carpenter, United States Marshal for the District of North Dakota. 728 804,1 194403 NOTICE OF SALE United States of America v. DUANE A. SCHAEFFER; WINNA J. SCHAEFFER aka WINNA JEAN SCHAEFFER; LARRY WITTMAN, Personal Representative of the Estate of LEANARD S.

HANSON; A W. WENTZ A SON, a partnership; CAPITOL CREDIT UNION; and KARLA HAMMOND, Civil No. A I -02-023. Notice is hereby given that by virtue of in Amended Judgment and Decree of Foreclosure Sale entered and Michael Wagner Attorneys for: Personal Representative Probate No. 04 01 16 In the matter of the estate of Robyn Schnaidt, deceased.

Notice to Creditor In The District Court For Burleigh County, State of North Dakota NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above estate. Pursuant to section 30. 1 -19-0 1. N.D.C.C., 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 Jackie Schnaidt, Personal Representative of the estate, at 1646 Capitol Way 207, Bismarck, ND 5850 1 or filed with the Court Dated this July 19,2004.

sJackie M. Schnaidt Jackie Schnaidt Personal Representative First Publication on July 28, 2004. 728,84,811 194402 IN JUVENILE COURT, BURLEIGH COUNTY, NORTH DAKOTA IN THE INTEREST OF J.R..A CHILD. Tyrone J. Turner.

Petitioner, vs. J.R., Child; Kristy Quam, Mother; Mitchell Rucker, Father; Respondents. SUMMONS File No.08-04-R-0286 You are summoned to appear personally at the Juvenile Court in the Burleigh County Courthouse. Bismarck, Burleigh County, North Dakota, on the I Oth day of August 2004 at 9:00 A.M., for the purpose of hearing on the Petition filed with this Court The Petition claims that the child is alleged to be a delinquent child, as more fully appears from the Petition. A copy of the Petition can be obtained at the Clerk of Courts Office.

B)GHTIQJHEARJN5 BEFORE A JUDGE You are entitled to have the Petition heard before a Judge of the Juvenile Court instead of by a Referee, by filing a written request for a Judge with the Clerk of Court within five (5) days after receiving this Summons. RIGHT TO COUNSEL If you desire the assistance of an attorney, and are unable without undue financial hardship to employ one, the Court, upon your request will appoint an attorney for you. Dated this 9th day of July, 2004. sRobert A. Freed JUDICIAL REFEREE ROBERTA.

FREED 714.21,28- 194346 PUBLIC HEARING NOTICE Notice is hereby given that the Burleigh County Planning Commission will hold public hearings on Wednesday, August 1 1 2004, at 5:15 m. in the Tom Baker Meeting Room, City-County Building, 221 North 5th Street Bismarck, North Dakota, to consider the following items: Request of Paul Julie Fornshell for a zoning change from A-Agricultural to Rl-Residential on the south 240 feet of the east 363 feet of Lot Block Steer Subdivision. The property is located along the north side of 1 1 Oth Avenue NW between 28th Street NW and 4 1 st Street NW. Request of Paul Julie Fornshell for a lot split for Lot Block Steer Subdivision to split the south 240 feet of the east 363 feet from the remainder of the lot The property Is located along the north side of 1 1 Oth Avenue NW between 28th Street NW and 41st Street NW. At the hearings, the Burleigh County Planning Commission will provide an opportunity for all interested persons to be heard with respect to these items.

Interested persons NOTICE OF FILING FOR FINAL RELEASE OF RECLAMATION BOND Bellaire Corporation's Indian Head Mine, P.O. Box 299, Beulah, ND 58523 has filed an application with the North Dakota Public Service Commission for final bond release for completion surface coal mining and reclamation operations on 6.06 acres in Section of Mercer County. This land is included in Surface Coal Mining Permit NAIH-8504, approved by the North Dakota Public Service Commission on February 3, 1987. Permit NAIH-8504 is cur-rendy bonded in the amount of $1 1,453. Bellaire Corporation requests a reduction of all remaining bond totaling 1 1 .453 in this application for completion of surface coal mining and reclamation operations on these 6.06 acres of shelterbelt Coal removal from this area started in 1987 and was completed in 1992.

Backfilling and graded commenced in 1990 and was completed on a majority of the area in 1992. Grading of areas disturbed in support of mining was completed in 1995. Respread of suitable plant growth material commenced in 1991 and was completed on a majority of the area in 1993. Respread of suitable plant growth material on areas disturbed in support of mining was completed in 1 995. Trees were planted on most of the area in 1 994.

Trees were planted on the areas disturbed In support of mining in 1996. Written comments, objections, or requests for an informal conference or public hearing on this bond release may be submitted by any person having a valid legal interest which is or may be adverselv affected by this action, to the North Dakota Public Service Commission, 600 East Boulevard Avenue. Department 408, Bismarck. ND 58505-0480, within 30 days after the last publication of this notice.Any request for an informal conference or hearing should be in writing to the Commission, and must state specifically the issues or objections that an affected party has regarding this bond release. wG2rVf 15 I.

-14 '5 0 AREAS REQUESTED FORST, I BOND RELEASE. i I PERMIT NAIH-8504 1 1 1 1 I) 714.21,28 84-194342.