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October 13, 1998     The Ortonville Independent
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October 13, 1998
 

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notices ;E FORECLOSURE SALE VERIFICATION OF IDENTITY OF THE WITHIN THE IDED BY LAW IS NOT "ION. ATTEMPT TO COLLECT ANY INFORMATION BE USED FOR THAT HEREBY GIVEN that the conditions of mortgage: February 16, AMOUNT OF 00,000.00 R(S): Clarence F. Connelly, husband First State Bank of West Central Bank of OF RECORDING: Stone County Mortgages at Number 140936. DESCRIPTION OF The Northwest quarter Twelve (12), Township -four (124) North, West of the 5th road and road rights WHICH PROPERTY IS property described in Big Stone County, JE AND CLAIMED TO THE DATE OF NOTICE IF ANY, PAID BY : An installment of due on Apnl 1, 1998. due, through 1998 in the amount of total amount due, installments and the date of the requirements with; that no action been instituted at law recover the debt secured or any part thereof; completed and the agreement are in the power of sale the above by the as follows: OF SALE: 998 at 10:00 a.m. SALE: Sheriffs Main one County Sheriff's Street, Ortonville Jebt secured by said taxes, if any, on said the costs and attorneys fees to redemption the date of said their personal ns. BY LAW FOR THE MORTGAGOR, PERSONAL OR ASSIGNS, TO FIVE WEEK IS ENTERED IESOTA STATUTES B32 DETERMINING, THINGS, THAT THE PREMISES ARE A RESIDENTIAL 5 UNITS, USED FOR PRODUCTION, AND lth day of September, 5, 12, 19, 26, 1998) ICE DISTRICT COURT i STONE DETERMINATION OF APPOINTMENT OF AND CREDITORS D PERSONS and Notice is hereby day of October, A.M., a heanng will named Court at nnesota, for the intestacy and heirship and for the Bamhardt, whose 151G, Big Stone as personal the estate of the above !ent in supervised and any objection filed with the Court. and no objections are )resentative will the estate, to pay all legal debts, and sell and do all estate. Upon administration, the file a final account and shall distribute the thereunto entitled Court, and dose the r given that ALL claims against said present the same or to the within four months notice or said Peter A. Hoff, Judge Diana Shalstad, Court Administrator 20, 1998) NOTICE ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids will be received by the Big Stone County Board of Commissioners at the office of the County Auditor, 20 SE 2nd Street, Ortonville, Minnesota 56278 until 11:00 A.M. on November 10, 1998, for the following: ONE (1) NEW ARTICULATED 185 HP ALL WHEEL DRIVE MOTOR GRADER or ONE (1) "LOW HOUR" ARTICULATED 185 HP ALL WHEEL DRIVE MOTOR GRADER (Maximum of 600 Hours) Proposals and specifications for the above equipment may be examined and secured at the office of the County Highway Engineer, Ortonville, Minnesota. Bids shall be submitted on proposal forms as prepared by the County Highway Engineer and will be furnished to prospective bidders upon their request. Bids must be accompanied by a certified check or bidder's bond made payable to the County Treasurer, Big Stone County, for at least five percent (5%) of the amount of the bid. The County Board reserves the d]ht to reject any or all bids and to wauve informalities. Darrell Pettis County Highway Engineer Big Stone County 437 N. Minnesota OrtonviUe, Minnesota 56278 (320) 839-2594 (Oct. 13, 20, 1998) PUBLIC NOTICE CLOSE PROXIMITY PROPERTY OWNERS AND LOCAL OFFICIALS Big Stone County Board of Adjustment Notice is hereby given that at the Bi. Stone County Board of Adjustment will hold a public heanng on Friday, October 23, 1998 to act on the following vanance application: Time: 9:00 a.m. Applicant: Wendell C. Hanson Legal Description: Lot "E" (Ex. the Northwestedy 380') of the NE 1/4 SE 1/4, Section 22, Township 121, Range 46. Location of Headng: Approximately 1.- 1/2 miles east of Ortonville on Trun k Highway #7 The vadance request is from Section 6.3.1. of the Big Stone County Land and Related Resources Management Ordinance, 1998 and proposes to build an additional storage area onto an existing shed 106 feet from the centedine of Trunk Highway 7. Section 6.3.1. of the Big Stone County Land and Related Resources Management Ordinance, 1998 specifies that no structure shall be located less than 150 feet from the center line or 45 feet from the right-of-way line, whichever is greater, of the roads they abut. All persOns interested may appear and be heard at said time and place, or submit views in writing or by representative. If you know of any interested property owner who, for any mason, has not received a copy of .thin notice, please inform him/her of the time. and place of the headng. / Dated: October 8, 1998 ... By order of the Big Stone County Board of Adjustment Ronda Maas, Deputy Environmental Officer 20 SE 2nd St. Ortonvilte, MN 56278 (Oct. 13, 1998) NOTICE DISTRICT COURT BGHTH JUDICIAL DISTRICT PROBATE DIVISION STATE OF MINNESOTA COUNTY OF BIG STONE ORDER AND NOTICE OF HEARING ON PETITION FOR FORMAL PROBATE OF WILL AND APPOINTMENT OF PERSONAL REPRESENTATIVE IN SUPERVISED ADMINISTRATION AND NOTICE TO CREDITORS In Re: Estate of RALPH LEUTHARDT aka RALPH E. LEUTHARDT and as RALPH EUGENE LEUTHARDT Deceased TO ALL INTERESTED PERSONS AND CREDITORS: It is Ordered and Notice is hereby given that on the 30th day of October,, 1998, at 8:30 o'clock AM., a hearing wi, be held in the above named Court at Ortonville, Minnesota, for the formal probate of an instrument purporting to be the will of the above named decedent, dated Apdl 1, 1997, and for the appointment of Audrey Leuthardt and Mark Leuthardt, whose addresses are RR 1, Box 192, Ortonville, MN 56278 and 106 Lake Ddve, Big Stone City, SD 57216, (respectively) as personal representatives of the estate .of the above named decedent m supervised administration, and that any objections thereto must be filed with the Court. That, if proper, and no objections are filed, said personal representatives will be appointed to administer the estate, to collect all assets, pay all lega ! debts, claims, taxes and expenses, and sell real and personal property, and do all necessary acts for. the estate. Uppn completion of the aaministration, me representatives shall file a final account for the allowance and shall distribute the estate to the persons thereunto entitled as ordered by the Court, and close the estate. Notice is further given that (subject to Minn. Stat. 524.3-801(b)(c)) ALL CREDITORS having claims against said estate are required to present the same to the personal representativ.es or to e Court Administrator within tour monroe after the date of this notice or said claims will be barred. Dated: October 7, 1998 Pater A. Hoff, Judge Diana Shelstad, Court Administrator R. D. Schreiner Attorney P.O. Box 187 Ortonville, MN 56278 320/839-2551 Attorney Reg. No. 97597 (Oct. 13, 20, 1998) NOTICE ADVERTISEMENT FOR BIDS NOTICE TO CONTRACTORS Road Construction PROJECT LETTING DELAYED UNTIL OCTOBER 20, 1998 Notice is hereby given that sealed bids will be received by the Big Stone County Board of Commissioners at the office of the County Auditor, 20 SE 2nd Street, Ortonville, MN 56278 until 11:00 A.M. on the 20th day of October, 1998 for the construction of the following work: S.A.P. 06-599-.06 Location: T-125 between County State Aid Highway 21 and County Road 67, T121N, R45W Type of Work: Grading and Bridge Replacement Length: 0.340 kilometers Major items of work are: Common Borrow - 13 647 cubic meters 1800 mm RC Pipe Culvert CL IV - 19 meters 3100 mm Span RC Pipe Arch CLII - 13 meters 3100 mm Span RC Pipe Arch CL IV - 19 meters The plans, proposals and specifications may be examined or obtained at the County Engineer's Office, 437 North Minnesota Street, Ortonville, MN 56278, (320) 839-2594. Big Stone County retains the right to reject any and all bids or any part of a bid. All bids must be sealed, identified on the envelope and accompanied by a C,,rified Check or Bidder's bond payable to the Big Stone County Treasurer in the amount of at least five percent (5%) of the total bid. Said check or bond will be forfeited in the event that the bidder fails to enter into a contract. No bidder may withdraw a bid within 30 days after the scheduled closing time of the receipt of bids. Judith Pattison, Auditor Big Stone County (Oct. 6, 13, 1998) NOTICE DISTRICT COURT EIGHTH JUDICIAL DISTRICT PROBATE DIVISION STATE OF MINNESOTA COUNTY OF BIG STONE ORDER AND NOTICE OF HEARING ON PETITION FOR FORMAL PROBATE OF WILL AND APPOINTMENT OF PERSONAL REPRESENTATIVE IN UNSUPERVISED ADMINISTRATION AND NOTICE TO CREDITORS In Re: Estate of WARNER R. JOHNSON, Deceased TO ALL INTERESTED PERSONS AND CREDITORS: It is Ordered and Notice is hereby given that on the 30th day of October, 1998, at 8:30 o'clock A.M., a headng will be held in the above named Court at Ortonville, Minnesota, for the formal probate of an instrument purporting to be the will of the above named deceased, dated June 13, 1977, and for the appointment of Gail L. Johnson, whose address is RR 2, Box 104, Ortonville, MN 56278 as personal representative of the estate of the above named decedent in unsupervised administration, and that any objections thereto must be filed with the Court. That, if proper, and no objections are filed,said personal representative will be appointed to administer the estate, to collect all assets, pay all legal debts, claims taxes and expenses, and sell real and personal property, and do all necessary acts for the estate. Notice is further given that (subject to Minn, Slat. 524.3-801(b)(c)) ALL CREDITORS having claims against said estate are required to present the same to the personal representative or to the Court Administrator within four months after the date of this notice or said claims will be barred. Dated: October 5, 1998 Peter A. Hoff, Judge Diana Shelstad, Court Administrator R. D. Schreiner Attorney P.O. BOx 187 Ortonville, MN 56278 320/839-2551 Attorney Reg. No. 97597 (Oct. 13, 20, 1998) NOTICE NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a Public Headng will be held at the City Council Chambers in the City of Ortonville, Minnesota at 315 Madison in said city of Ortonville at 12:00 p.m. noon on Monday, October 26, 1998 to consider an application to the Revolving Loan Fund from David and Nancy G/ere d/b/a/MSI, Inc. The applicants and any residents of the municipality .may be heard or may present their views in writing at or before the meeting. At the conclusion of such Hearing, the Ortonville City Council shall decide if the Revolving Loan Fund request is advisable. Dated this 13th day of October, 1998. City of Ortonville, Minnesota Roman Taffe, City Clerk-Administrator (Oct. 13, 20, 1998) PROCEEDINGS OF THE ORTONVILLE CITY COUNCIL MONDAY, SEPTEMBER 21,1998 CITY COUNCIL CHAMBERS 7:00 P.M. CALL TO ORDER AND ROLL CALL: Mayor Ellingson called the regular meeting of the Ortonville City Council to order at 7:05 P.M, with the following present: Council Members Present: Mel Reinke, Mary Gustafson, Bill Hynnek, Dan Oakes, George Elliott Council Memlbers Absent: Butch Mittelstaedt City Staff Present: Paul Tinklenberg, Roman Taffe, Gary Dinnel, ROger Anderson, Deb Hicks, Paula Reisdorph Media Present: Ryan Stattelman, Ortonville Independent; Stacy Dammer, KDIO Also Present: Jon Marthaler, Jeremy iverson, Met Ehlert AGENDA AMENDMENTS: A motion was offered by Reinke, seconded by Gustafson and passed unanimously to approve the following agenda amendments: Reports from Committees: c. EDA September 15, 1998 New Business: d. Homecoming e. Building Permits/ISO f. Department of Public Safety RECOGNITIONS/PRESENTATIONS/ INTRODUCTIONS Kann Lagaard from the UMVRDC was on hand to discuss the status of the business acquisition program pursuant to the 1997 flood. The original cons01ting company was unable to perform the Phase I survey to MPCA specifications and so the City was forced to go with another company. Hynnek moved and Oakes seconded that the following resolution be adopted: RESOLUTION 98-119 CONTRACT WITH NOVA CONSULTING FOR SURVEYING AND CONSULTING WORK FOR 1997 FLOODED COMMERCIAL PROPERTIES BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of Ortonville that the City is hereby authonzed to enter into a contract with Nova Consulting Group, Inc. to perform survey and consulting work relative to the business acquisition efforts due to the 1997 area flood. Upon roll call vote the following voted aye: Elliott, Hynnek, Oakes, Elhngson, Gustafson, Reinke and the following voted nay: none Resolution 98-119 passed this 21st day of September, 1998 Next Paula Reisdorph and Deb Hicks talked to the Council about changes they would like to see made to the Ct's Personnel Policy manual. They requested that regular part time employees be allowed medical and dental benefits similar to full time employees but on a pro rata basis relative to their hours worked. Clerk- Administrator was instructed to contact the League of Minnesota Cities' research department to determine if the City can offer the requested benefit and/or if the City could offer a wage incentive for those not utilizing the City's medical benefit package. They further requested that vacation for regular part time workers begin at the date of employment and that the vacation increase in relation to that for full time employees. Elliott moved and Ellingson seconded and it passed unanimously that the Personnel Policy manual be amended to state that regular part time employees begin accruing vacation hours upon their first day of employment but that those hours are not available until after the end of that and subsequent years of employment. Oakes moved and Reinke seconded that the Personnel Policy manual be amended to include a vacation table which rewards long time employees, similar to that for regular full time employees. Taffe was instructed to draft said changes and present to Council for formal adoption. CITIZENS TO BE HEARD: Mel Ehlert was present to voice his concerns regarding the City's building inspection process and performance. He stated that he purchased a house in Ortonville earlier this year and it is poody constructed with the garage floor sloping toward the house and with sewer pipes running under the garage. The Council stated that most of the issues being mentioned were ones that would be best resolved by the owner and the contractor. Public Works Director Anderson was directed to meet with Mr. Ehlert to discuss his concerns. CONSENT AGENDA: - Ettiott moved and Gustalson seconded and it passed unanimously to approve the consent agenda as / presented. REPORTS/MINUTES OF CITIZEN BOARDS, COMMITrEES AND COMMISSIONS: PARK BOARD The Council discussed the Park Board minutes presented and authorized a letter of gratitude be written to Wade Sweezey for his time and effort in cleaning up the Lake Side Park after the Corn Fest. Gustafson moved and Reinke seconded and it passed unanimously to approve the Park Board minutes of August 20, 1998 as presented. Ellingson moved and Reinke seconded and it passed unanimously to approve the September 10, 1998 Park Board minutes as presented. SENIOR BOARD Reinke moved and Elliott seconded and it passed unanimously to approve the Senior Board minutes of September 8, 1998 as presented. TREE BOARD The Tree Board minutes were discussed and the Clerk-Administrator was instructed to folioy up on last year's insurance claim for the trees cut down on City property North of the Cenex fertilizer plant. Gustafson moved and Hynnek seconded and it passed unanimously to approve the September 17, 1998 Tree Board minutes as presented. EDA Reinke reviewed the annual EDA retreat and stated that it was a successful event. Gustafson moved and Reinke seconded and it passed unanimously to approve the September minutes of the EDA as presented. UTILITY COMMI'n'EE Ellingson moved and Gustafson seconded and it passed unanimously to approve the September 8, 1998 Utirtility Committee minutes as presented. UNFINISHED BUSINESS At 8:35 pm the Council discussed the PEroposal made by Missouri River nergy Services (MRES) to menage the City's electrical distribution system. Elli.rson moved and Hynnek seconded and it passed unanimousl..to.ente_rnto a two year contract wire MH'U tO provide labor and services for the maintenance of the City's electrical distribution system. NEW BUSINESS Reinke moved and Gustafson seconded that the following resolution be adopted: RESOLUTION 98-120 RESCINDING RESOLUTION 98-116 BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of Ortonville that Resolution 98- 116 to approve the proposed 1999 budget be and is hereby rescinded in gts entirety. Upon roll call vote the following voted aye: Elliott, Hynnek, Oakas, Ellingeon, Gustafson, Reinke and the following voted nay: none. Resolution 98-120 passed this 21st day of September, 1998 ded Ellingson moved and Ellio.tt secon that the following resolution De adopted: RESOLUTION 98-121 APPROVING AMENDED PROPOSED 1999 BUDGET WHEREAS, the Property Tax Law, which requires local governments to adopt and certify to the County Auditor a proposed budget by September 15th and was recently extended to September 30th; and WHEREAS, the 1999 proposed City budget, consisting of $1,381,361 in revenues and $1,376,950 in expenditures, is adopted under the prov sions of the Property Tax Law; and WHEREAS, the final 1999 budget will be adopted after the Truth in Taxation hearing(s), at which time the budget may be increased or decreased from the proposed budget, provided the Tax Levy is not raised; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ortonville that the City Council does hereby approve the proposed 1999 budget as on file in the office of the City Clerk Administrator. Upon roll call vote the following voted aye: Reinke, Elliott, Hynnek,Oakes, Gustafson, Ellingson and the following voted nay: none. Resolution 98-121 passed this 21st day of September 1998. Elliott moved and Gustafson seconded that the following resolution be adopted: RESOLUTION 98-122 RESCINDING RESOLUTION 98-117 A RESOLUTION APPROVING THE 1998 TAX LEVY (PAYABLE IN 1999) FOR THE CITY OF ORTONVlLLE, MINNESOTA, AND ORDERING THE LEVY TO BE CERTIFIED WITH THE BIG STONE COUNTY AUDITOR BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of Ortonville that Resolution 98-117 a resolution approving the 1998 tax levy (payable in 1999) for the city of Ortonville, Minnesota, and ordenng the levy to be certified with the Big Stone County Auditor be and is hereby rescinded in its entirety. The following voted aye: Gustafson, Oakes, Hynnek, Elhott, Reinke, Ellingson and the following voted nay: none. Resolution 98-122 passed this 21st day of September, 1998. Reinke moved and Hynnek seconded that the following resolution be adopted: RESOLUTION 98-123 A RESOLUTION APPROVING THE 1998 TAX LEVY (PAYABLE IN 1999) FOR THE CITY OF ORTONVlLLE, MINNESOTA, AND ORDERING THE LEVY TO BE CERTIFIED WITH THE BIG STONE COUNTY AUDITOR BE IT RESOLVED by the City Council of the City of Ortonville, County of Big Stone, Minnesota, that the following sums of money be levied for the current year, collectable in 1999, upon taxable property in the City of Ortonville, for the following purposes: General Fund ................... $233,952 Fire Depadment Relief Assoc. Levy .............................. $ -0 Library ............................... $ 39,224 G.O. 1990 Improvement Bond ................................. $ 48,000 G.O. 1998A Bond ............. $ 75,000 Total Levy ........................ $396,176 BE IT FURTHER RESOLVED that the Clerk-Administrator be and is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Big Stone County, Minnesota. The following voted aye: Gustafson, Oakee, Hynnek, Elliott, Mittelstaedt, Reinke, EIlingson The following voted nalenne solution 98-123 passed this 21st dalY of September, 1998. he next agenda item was a discussion on the Year 2000 computer roblem. Iliott moved and Reinke seconded that the following resolution be adopted: RESOLUTION 98-124 RESOLUTION APPOINTING YEAR 2000 PROJECT COORDINATOR Whereas the City of Ortonville ('City") recognizes that the Year 2000 problem involves more than just a technology issue; and Whereas the City rec.ognizes that all departments and servmes of the City may be impacted by the Year 2000 problem; and Whereas the City has adopted a policy, setting forth its commitment to identdying, addressing and resolvingtha potential problems created by the Year 2000 and to making its best effort to ensure the uninterrupted provision of essential city services; and Whereas the City's efforts to minimize the potential impact of the Year 2000 fproblem will involve input and actions rom multiple departments, consultants, and outside organizations; and Whereas the City recognized the need to coordinate the efforts of all persons working on the Year 2000 issue on behalf of the City to ensure the efficiency and effectiveness of the efforts; and Whereas the League of Minnesota Cities has requested cities to designate a central contact person to receive information on the Year 2000 issue; Therefore be it resolved that the City of Ortonvilte hereby appoints the City Clerk-Administrator to serve as the city's Year 2000 Project Coordinator. Upon roll call vote the following voted aye: Gustafson, Oakes, Hynnek, Elliott, Reinke, Ellingson and the following voted nay: none..., Resolution 98-124 passed this 21st day of September, 1998. The next item discussed was a request by the Ortonville High School Student Council that they be allowed to have a bonfire at the foot of the lake for the upcoming Homecoming festivities. They also asked that they be given written permission to hold the annual Homecoming parade. Gustafson moved and Hynnek seconded and it passed unanimously to approve the request by tle-Jent Council to hold a bonfire for Homecoming and to give written approval for the annual Homecoming parade and that Clerk-Administrator be authorized to write said letter. The next discussion was on building permits and ISO. Ellingson voiced his concern over recent exchanges by Council members in their efforts to decrease buildinQ permit fees. He said that the ISO inspects the City's inspection and enforcement processes and then rates the City for insurance purposes. A poorer rating could increase the City's property insurance rates. Elliott assured the Council the intent wasn't to worsen the City's rating but to simply restructure the fees charged. The Council next reviewed a request by the Minnesota Department of Public Safety to enter into a twoyear lease of a portion of Maple Avenue for the purpose of providing motorcycle licensing exams. Chief Dinnel stated that if would be a pretty good spot since there isn't too much traffic relative to other locations considered. Gustafson moved and Hyrmek seconded that the following resolution be adopted: RESOLUTION 98-125 ENTERING INTO CONTRACT WITH DEPARTMENT OF PUBLIC SAFETY TO PROVIDE AREA FOR MOTORCYCLE SKILLS TESTS BE IT AND IT IS HEREBY RESOLVED by the City Council of the Cityof Ortonville, Minnesota that, WHEREAS, the City Council of the City of Ortonville ('City") feels it would be beneficial to have motorcycle license exams offered in the City and, WHEREAS, the Minnesota Department of Public Safety has approached the City to provide those services in exchange for a suitable location within the City limits and, WHEREAS, the Department of Public Safety has drafted a two year lease agreement for said services upon said land and, - WHEREAS, the City Council has reviewed and approved said lease agreement, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Ortonville, Minnesota that the City enter into a two year lease agreement with the Minnesota Department of Public Safety for the use of a portion of Maple Avenue for the purpose of holding motorcycle skill tests and that the Mayor and City Clerk- Administrator be and are hereby authorized to execute said lease agreement on behalf of the City. Upon roll call vote the following voted aye: Gustafson, Oakes, Hynnek, Elliott, Reinke, Ellingson and the following voted nay: none. Resolution 98-125 passed this 21st day of September, 1998. ADJOURNMENT: There being no further business before the Council, Oakes moved and Hynnek seconded and it passed unanimously to adjourn the September 21st meeting of the City Council of the City of Orfonville at 9:30p.m. Roman C. Taffe, City Clerk-Administrator David Ellingson, Mayor You're close to home when you read... A LETTER FROM MINNESOTA lf you're leaving Minnesota permanee or just to escape winter, A Leger From Minnesota wtll keep you informed ut people, places & events. For a free sample, wrlto: ALotWRm , 111 haj 0r. W #1=,   St. Pall, MN UlllF2II PIImN: (651 451-8565 Fax: (651)457-0663 IBM": nmblleaoi.com Vi  htlp:llmmben,aol.comlmnleP, erl Always a great gift Ideal MINNESOTA Property Owners iiiii!ilimDi;ii!::i:iiiii!i .:.::;`:.,, ........  ............ ;;..,...: .................. T...: ................. ii . .................................... ...: .......................... iiiiilili:i:: PAYABLE ON OR BEFORE THURSDAY, OCT. 15, 1998 (to avoid a late payment penalty) 2nd half of the Real Estate Taxes not classified as agricultural or mobile homes. CINDY NELSON, TREASURER Big Stone County - Ortonlle, Minnesota 13, 1998 00INDEPENDENT Page 9b