Legals March 4, 2018
No. 25143 Notice of Public Hearing Big Sky Preservation, LP, a Montana limited partnership, with an address of 110 2nd Avenue West, Kalispell, Montana 59901, (619) 276-6271, in partnership with Northwest Montana United Way, a Montana nonprofit organization, of P.O. Box 7217, Kalispell, MT 59904, hereby notifies all interested persons of Kalispell, Montana, that we have planned and are effecting the acquisition, rehabilitation and preservation of affordability of Big Sky Manor, a low-income senior rental housing complex on the site at 110 2nd Avenue West, Kalispell, Montana. This project will consist of 28 studio units and 32 one-bedroom units, all for seniors. There will be an opportunity to comment on whether this proposed affordable housing meets a community housing need at a Public Hearing on Monday, March 19, 2018, at 6 p.m. in the City Council Chambers, 201 1st Avenue East in Kalispell. You are encouraged to attend and comment. February 18, March 4, 2018 MNAXLP __________________________
No. 25177 INVITATION FOR BIDS The City of Kalispell, Montana will receive sealed bids for the SECTION 36 WATER IMPROVEMENTS PROJECT. The project generally includes furnishing materials, labor, and equipment required to construct a 3-room pumping facility consisting of pump room, electrical room and chemical room constructed of precast wall panels, CMU interior wall, precast hollow core plank roof over an existing well casing, exterior backup diesel generator, 200-horsepower vertical turbine pump, process piping including check and gate valves and electro-magnetic flow meter, variable frequency drive, automatic transfer switch and other electrical appurtenances, instrumentation and controls, conduits, wiring, HVAC system, Sodium Hypochlorite containment, eyewash station, connection to existing water system and roof drain system connected to the public storm drain, relocation of existing natural gas line, site work, flushing, testing and disinfection, seeding and restoration work. Bidding documents may be examined at the City of Kalispell Public Works Department, 201 First Avenue East, Kalispell, Montana 59901. Plans and specifications may also be examined beginning Monday, March 5, 2018, through QuestCDN. The City of Kalispell portal to QuestCDN is located on the City of Kalispell website at http://www.kalispell.com/clerk/proiects_bids_proposals.php. Click on the project title. A page will open which allows free viewing of the project and plan holders list. A Pre-Bid Meeting will be held in the City Hall Lower Level Conference Room, 201 First Avenue East, Kalispell, Montana 59901 at 2:30 PM on, March 15, 2018. Interested Bidders are encouraged to attend the Pre-Bid Meeting. Bids will be received by QuestCDN until 2:30 PM on Thursday, March 22, 2018. All bids will be publicly opened and read aloud at 2:30 PM on Thursday, March 22, 2017 in the Main Level City Hall Conference Room, 201 First Avenue East, Kalispell, Montana 59901. The City will be only accepting online electronic bids through QuestCDN. Electronic plan download and electronic bidding can be completed through QuestCDN for a fee of $20.00. To access the electronic bid form, download the project documents and click the online bidding button at the top of the advertisement. For electronic bids, scans of required electronic bid documents will be accepted. Any bidder wishing further information may obtain the same from the City of Kalispell Public Works Department, 201 First Avenue East, Kalispell, Montana 59901. Phone 406-758-7720. Construction shall be performed by a Contractor who is registered with the Montana Department of Labor and Industry. The Contractor shall be properly registered at the time of submitting the Bid. All bidders shall, as bid security, accompany the bid with: 1) lawful currency of the United States or a cashier's check; or 2) a certified check or bank money order drawn and issued by a national bank located in Montana or by a banking corporation incorporated in Montana; or 3) a bid bond or bonds, executed by a surety corporation authorized to do business in Montana. The bid security shall be in the amount of ten percent (10%) of the amount bid. Any such bank instrument shall be payable to the City of Kalispell. If a contract is awarded, the bidder whose bond is accepted and who shall thereafter refuse to enter into and execute the proposed contract, or as stated in the covenant, shall absolutely forfeit such moneys or bank instruments to the City, and become immediately liable on said bid bond in said sum. The bid security shall be returned to the unsuccessful bidders. All bids must expressly covenant that if the bidder is awarded the contract, the bidder shall within fifteen (15) calendar days of the acceptance of said bid by the City Council, enter into a contract and give good and sufficient bond to secure the performance of the terms and conditions of the contract. In the event the successful bidder does not enter into a formal contract within fifteen (15) calendar days or give sufficient bond to secure performance, the bidder shall pay unto the City the difference between the amount of the bid of said bidder and the amount for which the City legally contracts with another party to perform said work if the latter amount is more than the former. No bid shall be withdrawn after the opening of bids without the consent of the City Council for a period of sixty (60) days after the scheduled time of receiving the bids. The City will accept the lowest responsible bid, but the Council reserves the right to reject any and all bids or to waive any technicality or informality and accept any bid which may be deemed in the best interest of the City. The successful bidder will be required to abide by Federal and State laws, particularly Section 18-2-401 et seq., M.C.A. (Montana Prevailing Wage Rates). The successful bidder will be required to furnish an acceptable security for the full amount of the contract for faithful performance thereof and payment of labor, material and subcontractor claims. The successful bidder will be assessed the Montana Contractor's withholding tax. The successful bidder shall be required to furnish to the City evidence of insurance in accordance with the Sixth Edition of the Montana Public Works Standard Specifications. The successful bidder shall for the purpose of the Contract with the City, name the City of Kalispell as additional insured on said policy while performing work under City contract. Authorized by order of the City Council of the City of Kalispell, Montana, in a regular meeting held on August 27, 2017. City of Kalispell, Aimee Brunckhorst, CMC, City Clerk & Communications Manager March 4, 11, 2018 MNAXLP __________________________
No. 25122 INVITATION TO BID SOMERS AVENUE RECONSTRUCTION PROJECT Separate sealed Bids will be received by the City of Whitefish until 11:30 AM, local time, Thursday, March 15, 2018, for construction of the Somers Avenue Reconstruction Project. All received Bids will be publicly opened and read aloud at the City of Whitefish, Department of Public Works, 418 East 2nd Street, Whitefish, Montana, 59937. The proposed work involves the reconstruction of approximately 2,400 linear feet of Somers Avenue, between East 8th Street and East 2nd Street. The proposed work generally includes roadway excavation and placement of new gravel and asphalt, new curb and gutter, portions of new sidewalk, new storm drain systems, new water mains and services, new street lighting system and other miscellaneous improvements. All Bids must be in accordance with the Contract Documents on file with the City of Whitefish, Department of Public Works, 418 East 2nd Street, Whitefish, Montana (406)863-2460; Robert Peccia and Associates, 102 Cooperative Way, Suite 300, Kalispell, Montana, (406)-752-5025; Robert Peccia and Associates, 825 Custer Avenue, Helena, Montana, (406)-447-5000; Northwest Montana Plans Exchange, 2303 Highway 2 East, Kalispell, MT 59901, (406) 755-5888; Helena Plans Exchange, 1530 Cedar Street, Suite C, Helena, MT 59601, (406) 457-2679. Any objections to published specifications must be filed in written form with the City Clerk prior to bid opening. Digital project bidding documents are available at Robert Peccia & Associates web site (www.rpa-hln.com). Click on the link titled "Current Projects Bidding". You may download and print the Contract Documents at no charge, however, all Prime Contractors that intend to offer a bid for this project must contact Robert Peccia & Associates at the address stipulated above to obtain an "official" Bid Proposal form and to get their name added to the Planholders List. A non-refundable deposit of $30.00 will be required to obtain the "official" Bid Proposal. The entire set of bidding documents may also be obtained in the form of printed construction drawings, specifications and the "official" Bid Proposal for a non-refundable deposit of $250.00, if the Contractor chooses not to download and print their own documents. No bids will be considered unless they are submitted on the "official" Bid Proposal form and the Contractor's name has been included on the Planholders List. A prebid conference will be held at the Whitefish City Hall Council Chambers Conference Room, 418 East 2nd Street in Whitefish, commencing at 1:00 PM, Wednesday, February 28, 2018. Those interested in bidding the project are encouraged to attend this meeting. Each bidder shall submit cash, a certified check, bid bond, cashier's check, bank money order or bank draft payable to the City of Whitefish and drawn and issued by a national banking association located in the State of Montana or by any banking corporation incorporated under the laws of the State of Montana for an amount which shall not be less than ten percent (10%) of the bid, as a bid security. The bid security shall identify the same firm as is noted on the bid proposal forms. Within 10 calendar days after the Notice of Award, the successful Bidder will be required to furnish a Performance Bond and a Labor and Materials Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the contract. The bonds will each be equal to 100 percent of the contract amount. Work at the site is to commence within 10 calendar days after the written Notice to Proceed is issued. Work is scheduled to start Monday, May 21, 2018 at the latest. Completion of the work is required within 90 calendar days following commencement of work. The project includes liquidated damages that will be assessed as set forth in the Special Provisions if the work is not complete within the allotted contract time. CONTRACTORS and any of the CONTRACTOR'S subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the Department of Labor and Industry, P.O. Box 8011, 1805 Prospect, Helena, MT 59604-8011. Information on registration can be obtained by calling (406) 444-7734. CONTRACTORS are not required to have registered with the DLI prior to bidding on this project, but must have registered prior to execution of the construction agreement. All laborers and mechanics employed by CONTRACTORS or subcontractors in performance of the construction work shall be paid wages at rates according to the current Montana Prevailing Wage Rates. The CONTRACTOR must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex, or national origin. No Bid may be withdrawn within a period of 60 days after the date for opening bids. The City of Whitefish reserves the right to reject all Bids, to waive informalities, and to reject nonconforming, irregular, non-responsive or conditional Bids. The City of Whitefish is an equal opportunity employer. THE CITY OF WHITEFISH By: /s/ Michelle Howke Whitefish City Clerk February 18, 25, March 4, 2018 MNAXLP __________________________
No. 25092 NOTICE OF PUBLIC HEARING The Board of Commissioners of Flathead County, Montana, hereby gives notice, pursuant to Section 76-2-205(1), M.C.A., that it will hold a public hearing to consider a request by Monte Klindt to change the zoning designation in a portion of the Evergreen Zoning District from B-2-EEO (General Business, Evergreen Enterprise Overlay) and R-2 (One-Family Limited Residential) to RA-1 (Residential Apartment). The boundaries of the area proposed to be amended from B-2-EEO (General Business, Evergreen Enterprise Overlay) and R-2 (One-Family Limited Residential) to RA-1 (Residential Apartment) are described as: A tract of land in the Southwest Quarter of Section 4, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, described as follows: Commencing at the Southwest corner of said Section 4; thence South 222.9 feet to the Northerly Right of Way limit on U.S. Highway No. 2; Thence North 65o08' East along the Northerly boundary of said Highway No. 2, 1999.7 feet to the point of beginning of the tract to be described; thence North 00o15' West 347 feet; thence West 100 feet, more or less, to a point on the East property line of a tract of land owned of record by Mary L. Kirkholfer; thence North along the East property line of said Kirkholfer tract to a point on the North boundary of the Southeast Quarter of the Southwest Quarter of said Section 4; thence East along the North Boundary of said Southeast Quarter of the Southwest Quarter 260 feet; thence South along the East boundary of said Northwest Quarter of the Southeast Quarter of the Southwest Quarter to a point on the Northerly boundary of U.S. Highway No. 2; thence Southwesterly along the said Northerly Highway boundary to the place of beginning. Excepting Therefrom a tract of land in the West half of the Southeast Quarter of the Southwest Quarter of said Section 4, described as follows: Commencing at the intersection of the Easterly boundary of said West half of the Southeast Quarter of the Southwest Quarter with the Northerly boundary of the Right of Way of U.S. Highway No. 2, which point in the true point of beginning of the tract to be described; thence North on the said Easterly Boundary of said West half of the Southeast Quarter of the Southwest Quarter a distance of 225.0 feet; thence West 72.61 feet to a point; thence South and parallel with the said Easterly Boundary a distance of 258.65 feet, more or less, to the Northerly Right of Way and said U.S. Highway No. 2; thence Northwesterly on the Northerly Right of Way of the said U.S. Highway No. 2 a distance of 80.0 feet to the point of beginning. Also Excepting Therefrom: Parcels A and B of Certificate of Survey No. 20575, Located in the Southeast Quarter of the Southwest Quarter of Section 4, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The regulations defining the B-2-EEO, R-2 and RA-1 zones are contained in the Flathead County Zoning Regulations on file for public inspection at the Office of the Board of Commissioners, located at 800 S Main, Room 302, Kalispell, Montana, at the Flathead County Planning and Zoning Office, 40 11th St W, Kalispell, Montana, and on the Flathead County Planning and Zoning Office's website: http://flathead.mt.gov/planning_zoning/downloads.php. Documents related to the proposed zone change are also on for file for public inspection at the Office of the Board of Commissioners and at the Flathead County Planning and Zoning Office. The public hearing will be held on the 13th day of March, 2018 at 10:30 o'clock a.m. in the Commissioners' Chambers, Third Floor, Old Courthouse, Kalispell, Montana. At the public hearing, the Board of Commissioners will give the public an opportunity to be heard regarding the proposed change to the Evergreen Zoning District. Written comments are encouraged and will be reviewed by the Commissioners. DATED this 24th day of January, 2018. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Pamela J. Holmquist Pamela Holmquist, Chairman February 25, March 4, 2018 MNAXLP __________________________
No. 25151 CALL FOR BIDS: AUDIT SERVICES The Flathead County Board of Commissioners is requesting proposals from qualified certified public accounting firms to conduct annual financial statement audits for three (3) fiscal years ending June 30, 2018, June 30, 2019 and June 30, 2020. These audits are to be performed in accordance with generally accepted governmental auditing standards. Instructions to bidders and submission requirements are posted online at http://flathead.mt.gov/commissioner/documents/audit-rfp.pdf Statements must be submitted to the County Commissioners' Office, 800 South Main, Room 302, Kalispell, MT 59901, prior to 4:30 PM on Monday, March 21, 2018. Proposals will be opened and read on March 22, 2018 at 9:15 AM in the Commissioners' Chambers, located on the third floor of the County Courthouse. Dated February 20, 2018. BOARD OF COMMISSIONERS FLATHEAD COUNTY, MT /s/ Pamela J. Holmquist Pamela J. Holmquist, Chair March 4, 11, 2018 MNAXLP __________________________
No. 25152 CALL FOR BIDS Notice is hereby given that sealed bids for the crushing and stockpiling of gravel at Flathead County's Gladys Glen gravel pit will be received by the County Board of Commissioners of Flathead County, Montana. The work contemplated consists of crushing and stockpiling the following: 1" MINUS CRUSHED GRAVEL WITH BENTONITE Approximately 32,500 tons of 1" inch minus crushed gravel at the Gladys Glen Pit in Flathead County. Flathead County has budgeted $325,000 for this material and reserves the right to increase or decrease quantities to meet the budget. Crushed material to meet specifications below. Crushed material shall include 1/2" minus crushed bentonite with less than 16% moisture content and free swell greater than 16 cc to achieve Plasticity Index as required. Contractor shall determine the amount of bentonite to achieve gravel that meets the specifications. PERCENTAGE BY WEIGHT PASSING SQUARE MESH SIEVES Sieve Size Job Mix Target Bands 1" 100 % 3/4" 97-100% 3/8" 70-80 % No.4 51-63 % No. 16 28-39 % No. 40 19-27 % No. 200 12-20 % LL 35 max PI 6-12% The above gradation bands represent the job mix target limits, which determine the suitability of aggregate for use. The final job mix target gradation must be within the specified bands and uniformly graded from course to fine and not vary from the low limits on one screen to the high limit on the adjacent screen, or vice versa. Not less than 60% of coarse aggregate particles by weight shall have at least two mechanically fractured faces (ASTM D5821). Contractor performs sieve analysis (AASHTO T27 and T11) and liquid limit (AASHTO T89 Method A & T87), and plasticity index (AASHTO T90) every 2,000 tons. Flathead County has sampled the Gladys Glen pit and had a consultant prepare a Particle Size Distribution Report. Finer grained material, in addition to the bentonite, may be needed to meet the required specifications. The contractor may need to supply another product of their choosing to meet the specifications if necessary. Flathead County will supply the Particle Size Distribution Reports upon request. Flathead County has prepared a final grade pit drawing. The plan is available upon request. The contractor will be working along the pit's east wall and dozing in a new access road from Gladys Glen Road to the pit floor and shaping the east wall to a 3:1 slope to generate the needed material for this project. Actual amounts to be crushed shall be determined based upon quantity and unit prices. Crushed material quantity will be paid for by determining a rodded unit weight (ASTM C29) for product(s) and accompanying owner survey(s) to determine pile volume. All material up to 4 feet shall be crushed; any material over 4 feet will be considered oversize. Material and pit area may be viewed by making an appointment with the Road Department. The exact location of material to crush and of the stockpile will be designated by the Flathead County Road Department at the time of crushing. Contact the Flathead County Road Department if there are any questions or to set up a time to view the crushing site. Bid proposals must be submitted on a form to be provided for the purpose, addressed to the Board of County Commissioners, Room 302, 800 South Main, Kalispell, MT 59901, and enclosed in an envelope marked, "Proposal for Crushing and Stockpiling Gravel." No proposal will be considered unless accompanied by a proposal security in the amount of ten percent (10%) of his bid to secure the bidder's express covenant that if the bidder is awarded the contract, the bidder will, within ten (10) days, enter into a formal contract for the purchase and sale of said materials. Bid security shall be payable to Flathead County and shall be in the form of lawful money of the United States: a cashier's check, certified check, bank money order or bank draft issued by a Montana bank, or a bid bond executed by a surety corporation authorized to do business in Montana. A performance bond will be required for the faithful performance of the successful contractor in the full amount of the bid. Specifications, forms of contract, proposal blanks, and full instructions are on file and may be obtained at the Commissioners' Office, 800 S. Main, Room 302, Kalispell, MT 59901. Time is of the essence. Liquidated damages in the amount of $200 per day shall be due in the event that the contractor fails to complete the contract within sixty (60) days. This allows thirty (30) days for the contractor to file a public notice of moving and the State change of location notice. Extenuating circumstances will be considered by the County Commissioners for extension of the contract date. The successful bidder must contract to pay prevailing wage rates (Highway Construction Services) set by the Montana Department of Labor. The Contractor and all subcontractors will be required to have a certificate of registration from the Employment Relations Division of the Montana Department of Labor and Industry in the proper classification. The successful bidder must contract to give preference to the employment of bona fide residents of Montana in the performance of the work. A resident bidder will be allowed a preference against the bid of any nonresident bidder from any state or county that enforces a preference for resident bidders equal to the preference given in the other state or county. The successful bidder will also be required to provide proof of Workers' Compensation insurance and/or an independent contractor certification from the State dated after May 1, 2005, as well as satisfy the County's minimum insurance requirements. All sealed bids, plainly marked as such, must be delivered to the Clerk to Flathead County Board of Commissioners, 800 South Main, Room 302, Kalispell, MT 59901, on or before 5:00 PM on Monday, March 12, 2018. Bids will be opened and read at 9:45 AM on Tuesday, March 13, 2018 in the Commissioners' Chambers, located on the third floor of the County Courthouse. The Board of County Commissioners reserves the right to reject any and all bids and to accept the bid deemed to be in the best interest of Flathead County. The award of a bid will be made solely by the issuance of a letter of award to the successful bidder by the Office of the Flathead County Board of Commissioners. Dated this 20th day of February, 2018. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Pamela J. Holmquist Pamela J. Holmquist, Chair February 25, March 4, 2018 MNAXLP ________________________
No. 25173 REQUEST FOR QUALIFICATIONS DESIGN OF HYDRAULIC STRUCTURES FOR IRRIGATION WATER MEASUREMENT CONFEDERATED SALISH AND KOOTENAI TRIBES (CSKT) WATER MANAGEMENT PROGRAM The CSKT Water Management Program invites interested consultants or companies to submit a Statement of Qualifications in response to the Request for Qualifications - Design of Hydraulic Structures for Irrigation Water Measurement. The Request for Qualifications may be obtained from: Confederated Salish and Kootenai Tribes: Attn: Seth Makepeace, Supervisory Hydrologist, P.O. Box 278, Pablo, MT 59855, Phone 406-676-2600. The Request for Qualifications may also be viewed and downloaded at the following website: http://nrd.csktribes.org/water-management/water-management-program. Statement of Qualification must be submitted on the supplied forms, with any supporting documentation, and must be received at the email address listed in the Request for Qualification no later than 2:00 PM (local time) on March, 22, 2018. This Project will be conducted in accordance with the provisions of the CSKT's Indian Preference Ordinance 101A and Regulations. The selection of the successful consultant and award of this project will be per the provisions of Ordinance 101A and regulations. Tribal Contractors who wish to receive Indian Preference must obtain certification by the CSKT Indian Preference Office as a legitimate Indian-owned business prior to the submission of their Statement of Qualification. Proof of Indian Preference Certification must be included with your Statement of Qualification in the form of a copy of the Certificate issued by the Indian Preference Office. Be advised that evidence of you membership or affiliation with a Tribe does not constitute Indian Preference Certification. Contractors must be certified by the Indian Preference Office in order to claim Indian preference. It is the sole responsibility of the submitter to obtain and provide proof of Indian Preference certification form the Indian Preference Office. March 4, 11, 18, 2018 MNAXLP _________________________
No. 25138 MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY In the Matter of the Estate of, Alice L. Nelson, Deceased. Probate Case No. DP-18-023C NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that Georgia M. Chase has been appointed Personal Representative of the above-named estate. All persons having claims against the deceased are required to present their claims within four months after the date of the first publication of this notice or said claims will be forever barred. Claims must either be mailed to the Personal Representative, Georgia M. Chase, return receipt requested, at 326 W. Appalachian St., Oro Valley, Arizona, 85737, or filed with the Clerk of the above Court. Dated 26th day of January, 2018 Peg L Allison Clerk of District Court By: Rachael R. Woods Deputy Clerk February 18, 25, March 4, 2018 MNAXLP __________________________
No. 25158 Montana Eleventh Judicial District Court Flathead County In the Matter of the Name Change of April Colleen Burnette: April Colleen Burnette, Petitioner Cause No. DV-18-123D AMENDED Notice of Hearing on Name Change This is notice that Petitioner has asked the District Court for a change of name from April Colleen Burnette to Alexandria April Colleen Burnette. The hearing will be on May 1, 2018 at 1:30 p.m. The hearing will be at the Courthouse in Flathead County. Date: February 15, 2018. PEG L. ALLISON Clerk of District Court By: /s/ CHELSEA REYES Deputy Clerk of Court February 25, March 4, 11, 18, 2018 MNAXLP _________________________
No. 25159 Peg L. Allison Clerk of District Court Flathead County Justice Center 920 South Main Street Kalispell, MT 59901 (406) 758-5906 IN THE DISTRICT COURT OF THE ELEVENTH JUDICIAL DISTRICT OF THE STATE OF MONTANA, IN AND FOR THE COUNTY OF FLATHEAD IN THE MATTER OF: M.B.T., YOUTH IN NEED OF CARE. Cause No. DN-17-084(A) SUMMONS FOR PUBLICATION To: Michael James Troglin, birth father of the above-named child: YOU ARE HEREBY NOTIFIED that a Petition has been filed in the above-entitled Court by the Montana Department of Public Health and Human Services, Child and Family Services Division, 121 Financial Drive, Suite C, Kalispell, MT 59901, requesting emergency protective services, adjudication of child as youth in need of care and temporary legal custody of the above-named child. NOW, THEREFORE, YOU ARE HEREBY DIRECTED to appear on Friday, March 16, 2018, at 1:30 p.m. before the Honorable Amy Eddy, District Judge, Department 1, Flathead County Justice Center, 920 South Main Street, Third Floor, Kalispell, Flathead County, Montana, then and there to show cause, if any you may have, why the Petition should not be granted. M.B.T. was born on July 18, 2016 in Kalispell, Flathead County, Montana. The birth mother is Tesla Marie Wyman. You have the right to representation by an attorney in these proceedings. If you are unable to afford an attorney, the Court will appoint an attorney to represent you. Your failure to appear at the hearing constitutes a denial of your interest in the above-named child, which denial may result, without further notice of this proceeding or any subsequent proceedings, in the Court entering judgment by default against you for all relief requested in the Petition. A copy of the Petition is filed with the Clerk of District Court for the Eleventh Judicial District Court in and for Flathead County, 920 South Main, Third Floor, Kalispell, Montana, 59901, telephone (406) 758-5870. WITNESS my hand and Seal of this Court this 21st day of February, 2018. PEG L. ALLISON Clerk of District Court By: RACHAEL R. WOODS Deputy Clerk February 25, March 4, 11, 2018 MNAXLP _________________________
No. 25160 Peg L. Allison Clerk of District Court Flathead County Justice Center 920 South Main Street Kalispell, MT 59901 (406) 758-5906 IN THE DISTRICT COURT OF THE ELEVENTH JUDICIAL DISTRICT OF THE STATE OF MONTANA, IN AND FOR THE COUNTY OF FLATHEAD IN THE MATTER OF: A.L.D.G., YOUTH IN NEED OF CARE. Cause No. DN-15-070(A) SUMMONS FOR PUBLICATION To: Hayes Goggles III, birth father of the above-named child: YOU ARE HEREBY NOTIFIED that a Petition has been filed in the above-entitled Court by the Montana Department of Public Health and Human Services, Child and Family Services Division, 121 Financial Drive, Suite C, Kalispell, MT 59901, requesting emergency protective services, adjudication of child as youth in need of care and temporary legal custody of the above-named child. NOW, THEREFORE, YOU ARE HEREBY DIRECTED to appear on Friday, March 16, 2018, at 1:30 p.m. before the Honorable Amy Eddy, District Judge, Department 1, Flathead County Justice Center, 920 South Main Street, Third Floor, Kalispell, Flathead County, Montana, then and there to show cause, if any you may have, why the Petition should not be granted. A.L.D.G. was born on November 24, 2010 in Browning, Glacier County, Montana. The birth mother is Tesla Marie Wyman. You have the right to representation by an attorney in these proceedings. If you are unable to afford an attorney, the Court will appoint an attorney to represent you. Your failure to appear at the hearing constitutes a denial of your interest in the above-named child, which denial may result, without further notice of this proceeding or any subsequent proceedings, in the Court entering judgment by default against you for all relief requested in the Petition. A copy of the Petition is filed with the Clerk of District Court for the Eleventh Judicial District Court in and for Flathead County, 920 South Main, Third Floor, Kalispell, Montana, 59901, telephone (406) 758-5870. WITNESS my hand and Seal of this Court this 21st day of February, 2018. PEG L. ALLISON Clerk of District Court By: RACHAEL R. WOODS Deputy Clerk February 25, March 4, 11, 2018 MNAXLP __________________________
No. 25176 Preliminary Engineering Report for Flathead County Water District 101 Public Notice Notice of Public Comment Period Flathead County Water District 101, Columbia Heights, Montana Preliminary Engineering Report (PER) will be used to obtain funding for improvements to the existing system to protect Public Health and Safety. The Preliminary Engineering Report (PER) will be available at www.//fcwd101.wordpress.com. A PER was prepared to study the water system, identify needs, and make recommendations for improvements. Recommended upgrade to the water infrastructure will be in the PER. The project will be funded through a combination of funding mechanisms as it is available. The primary agency at this time is United States Department of Agriculture's Rural Development. The PER is made available for review for the next 30 days. Participation is welcomed and encouraged. If special assistance is required at the meeting, please contact Flathead County Water District through the website. Copies of the PER are available for public viewing at A2Z Engineering, please call ahead to arrange at 406-755-7888. Written comments regarding this project should be sent to Flathead County Water District 101, PO Box 1141, Columbia Falls, MT 59912. Matt Nerdig, PE Project Engineer March 4, 2018 MNAXLP __________________________
No. 25170 NOTICE OF TRUSTEE'S SALE To be sold for cash at Trustee's Sale on the 15th day of May, 2018, at 1:30 o'clock p.m., at the front door of the Flathead County Justice Center, 920 South Main, Kalispell, Montana, is the following property: Lot 107 of Spring Creek Estates Phase I, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana; together with all buildings, fixtures and improvements thereon and all water rights, rights-of-way, easements, rents, issues, profits, income, tenements, hereditaments, privileges and appurtenances thereunto belonging, used or enjoyed with said property, or any part thereof. Nancy Butcher, as Grantor, conveyed the above-described property to First American Title Company, as Trustee, to secure an obligation owed to United States of America acting through the Rural Housing Service or successor agency, United States Department of Agriculture, as Beneficiary, by Trust Indenture, dated September 23, 2013, and recorded on September 25, 2013, under Document No. 201300024749, records of Flathead County, Montana. The Trustee in the Trust Indenture was replaced by a Successor Trustee, namely, Mark E. Noennig, the undersigned. The default in the obligation, the performance of which is secured by the aforementioned Trust Indenture, and for which default this foreclosure is made, is the failure by the Grantor, or other person owing an obligation, or by their successors-in-interest, to pay the monthly installments of $684.21 each due thereunder on the 1st day of each of the months of May, 2017, through December, 2017, which is applied to principal and interest and to an escrow account if established for other obligations under the Trust Indenture, late charges which are 4.00% of principal and interest more than 15 days in arrears, currently $48.78, attorney's fees and foreclosure costs, currently $1,667.00, advances for obligations under the Trust Indenture, currently None, for a current total default of $7,189.46, together with accruing late charges, advances, and expenses of foreclosure, including attorney's fees and costs. There is presently owed on the obligation secured by the Trust Indenture the principal sum of $138,439.87plus interest thereon at the rate of 3.125% per annum from the 1st day of April, 2017, until paid, or $11.8744 per day, currently a total of $3,188.36, late charges and advances for obligations under the Trust Indenture, currently $1,655.99, payoff fee in the amount of $0.54, together with recapture of total subsidy granted, currently in the amount of $4,932.90; attorney's fees and costs, currently $1,667.00, for a current total indebtedness of $149,884.66. Other expenses to be charged against the sale proceeds include accruing late charges, escrow shortages, if any, attorney's fees and costs, and expenses of foreclosure and sale. The Beneficiary has elected to sell the above-described property to satisfy the aforementioned obligation and has instructed the undersigned Trustee to do so. The sale is a public sale and any person, including the beneficiary, excepting only the Trustee, may bid at the sale. The bid price must be paid in cash. The conveyance will be by a Trustee's Deed, made "as is," without representations or warranties, express or implied, including warranties of title, possession or encumbrances. The purchaser shall be entitled to possession of the property on the 10th day following the sale. The sale may be postponed up to 15 days for any reason by public proclamation at the scheduled sale. If there is a stay by bankruptcy or court order, the sale may be postponed up to 30 days at a time by public proclamation, for a total of no more than 120 days. The grantor, successor in interest to the grantor, or any other person having an interest in the property, at any time prior to the Trustee's Sale, may pay to the beneficiary the entire amount then due under the Trust Indenture and the obligation secured thereby (including costs and expenses actually incurred and attorney's fees) other than such portion of the principal as would not then be due had no default occurred and thereby cure the default theretofore existing. THIS IS AN ATTEMPT TO COLLECT A DEBT; ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. DATED this 26th day of December, 2017. By: /s/ Mark E. Noennig MARK E. NOENNIG, Trustee P.O. Box 2502 208 North Broadway, Suite 324 Billings, Montana 59103-2502 STATE OF MONTANA ss. County of Yellowstone On this 26th day of December, 2017, before me, the undersigned, a Notary Public for the State of Montana, personally appeared MARK E. NOENNIG, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in his capacity as Trustee. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. By: /s/ Sarah Lacey Rose SARAH LACEY ROSE Notary Public for the State of Montana Residing at Billings, Montana My commission expires: 6/27/2018 March 4, 11, 16, 2018 MNAXLP ________________________
No. 25157 REQUEST FOR QUALIFICATIONS / PRESELECTION PROPOSALS Separate Subcontractor proposals for the construction of: MSU New Residence Hall - Plumbing, Mechanical, Electrical and Fire Protection Scopes Only for Preselection will be received until 2:00 PM on Tuesday, March 13, 2018, and will be received at the offices of Jackson Contractor Group, Inc. 80 Shire Trail, Bozeman, Montana 59718 for: MSU New Residence Hall, MSU PPA 16-0146 A/E No. 2017-02-12. For the proposal, Jackson Contractor Group is seeking qualified Mechanical (Plumbing/HVAC/Controls, etc.), Electrical, and Fire Protection subcontracting firms for the New Residence Hall at Montana State University in Bozeman, Montana. Any question regarding this process and project scope please contact Nick Van Tighem, Division Manager at 406-577-2772 or nickv@jacksoncontractorgroup.com In addition, the RFQ/P and Associated Documents may also be examined upon request to Jackson and at the Construction Manager's Office located at Jackson Contractor Group, Inc: 80 Shire Trail Bozeman, MT 59718, 406-577-2772. Contractors and any subcontractors doing work on this project will be required to obtain registration from the Montana Department of Labor and Industry. Forms for registration are available from the Department of Labor and Industry, P.O. Box 8011, 1805 Prospect Avenue, Helena, Montana 59604-8011. Information on registration can be obtained by calling 1-800-556-6694. Contractors are required to have been registered with the Department of Labor and Industry prior to bidding on this project. The Proposer must supply all the information required by the bid documents and specifications. Insurance as required shall be provided by the successful PROPOSER(s) and a certificate(s) of that insurance shall be provided to the Construction Manager as noted in the specifications. Jackson Contractor Group will make reasonable accommodations for any known disability that may interfere with an applicant's ability to compete in the proposal and/or selection process. In order for Jackson to make such accommodations, applicants must make known any needed accommodation to the individual project managers listed in the contract documents. LEGAL February 25, 28, March 4, 7, 11, 2018 MNAXLP __________________________
No. 25139 NOTICE OF TRUSTEE'S SALE TO BE SOLD FOR CASH AT TRUSTEE'S SALE on June 8, 2018, at 11:00 AM at the East door of the Flathead County Justice Center located at 920 South Main Street, Kalispell MT 59901, the following described real property situated in Flathead County, Montana: THE WEST HALF SOUTHEAST QUARTER SOUTHEAST QUARTER, SECTION 33, TOWNSHIP 29 NORTH, RANGE 23 WEST, P.M.M, FLATHEAD COUNTY, MONTANA. EXCEPTING PUBLIC ROADS AND RIGHT-OF-WAY. Shane D. Beres, as Grantor(s), conveyed said real property to Alliance Title & Escrow, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as nominee for Flagstar Bank, FSB, Federally Chartered Savings Bank, as Beneficiary, by Deed of Trust dated on September 28, 2015, and recorded on September 29, 2015 as Document No. 201500022842. The beneficial interest is currently held by Lakeview Loan Servicing, LLC . First American Title Company of Montana, Inc., is currently the Trustee. The beneficiary has declared a default in the terms of said Deed of Trust by failing to make the monthly payments beginning April 1, 2017, and each month subsequent, which monthly installments would have been applied on the principal and interest due on said obligation and other charges against the property or loan. The total amount due on this obligation as of August 18, 2017 is $291,656.27 principal, interest totaling $5,111.13, late charges in the amount of $914.38, escrow advances of $1,072.77, and other fees and expenses advanced of $326.87, plus accruing interest, late charges, and other costs and fees that may be advanced. The Beneficiary anticipates and may disburse such amounts as may be required to preserve and protect the property and for real property taxes that may become due or delinquent, unless such amounts of taxes are paid by the Grantors. If such amounts are paid by the Beneficiary, the amounts or taxes will be added to the obligations secured by the Deed of Trust. Other expenses to be charged against the proceeds of this sale include the Trustee's fees and attorney's fees, costs and expenses of the sale and late charges, if any. Beneficiary has elected, and has directed the Trustee to sell the above described property to satisfy the obligation. The sale is a public sale and any person, including the beneficiary, excepting only the Trustee, may bid at the sale. The bid price must be paid immediately upon the close of bidding in cash or cash equivalents (valid money orders, certified checks or cashier's checks). The conveyance will be made by Trustee's Deed without any representation or warranty, including warranty of Title, express or implied, as the sale is made strictly on an as-is, where-is basis, without limitation, the sale is being made subject to all existing conditions, if any, of lead paint, mold or other environmental or health hazards. The sale purchaser shall be entitled to possession of the property on the 10th day following the sale. The grantor, successor in interest to the grantor or any other person having an interest in the property, at any time prior to the trustee's sale, may pay to the beneficiary or the successor in interest to the beneficiary the entire amount then due under the deed of trust and the obligation secured thereby (including costs and expenses actually incurred and attorney's fees) other than such portion of the principal as would not then be due had no default occurred and thereby cure the default. The scheduled Trustee's Sale may be postponed by public proclamation up to 15 days for any reason, and in the event of a bankruptcy filing, the sale may be postponed by the trustee for up to 120 days by public proclamation at least every 30 days. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Dated: January 23, 2018 Rae Albert Assistant Secretary, First American Title Company of Montana, Inc. Successor Trustee Title Financial Specialty Services PO Box 339 Blackfoot ID 83221 STATE OF Idaho ss. County of Bingham On this 23rd day of January, 2018, before me, a notary public in and for said County and State, personally appeared Rae Albert, know to me to be the Assistant Secretary of First American Title Company of Montana, Inc., Successor Trustee, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same. Kaitlin Ann Gotch Notary Public Bingham County, Idaho Commission expires: 07/29/2022 Flagstar Bank, FSB vs Shane D Beres 104082-2 February 18, 25, March 4, 2018 MNAXLP __________________________
No. 25175 NOTICE OF TRUSTEE'S SALE TO BE SOLD FOR CASH AT TRUSTEE'S SALE on June 21, 2018, at 11:00 AM at the East door of the Flathead County Justice Center located at 920 South Main Street, Kalispell MT 59901, the following described real property situated in Flathead County, Montana: Lot Eight (8) of Kookoosint Village No. 2, according to the official plat thereof, filed in Official Records of Flathead County, Montana Scott G Hilderman, as Grantor(s), conveyed said real property to First American Title, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems Inc. as nominee for Taylor, Bean & Whitaker Mortgage Corp., as Beneficiary, by Deed of Trust dated on March 5, 2009, and recorded on March 10, 2009 as Document No. 200900006404. The beneficial interest is currently held by Carrington Mortgage Services, LLC. First American Title Company of Montana, Inc., is currently the Trustee. The beneficiary has declared a default in the terms of said Deed of Trust by failing to make the monthly payments beginning August 1, 2017, and each month subsequent, which monthly installments would have been applied on the principal and interest due on said obligation and other charges against the property or loan. The total amount due on this obligation as of February 3, 2018 is $245,902.38 principal, interest totaling $7,239.50 late charges in the amount of $463.02, escrow advances of $179.21, suspense balance of $-50.00 and other fees and expenses advanced of $138.50, plus accruing interest, late charges, and other costs and fees that may be advanced. The Beneficiary anticipates and may disburse such amounts as may be required to preserve and protect the property and for real property taxes that may become due or delinquent, unless such amounts of taxes are paid by the Grantors. If such amounts are paid by the Beneficiary, the amounts or taxes will be added to the obligations secured by the Deed of Trust. Other expenses to be charged against the proceeds of this sale include the Trustee's fees and attorney's fees, costs and expenses of the sale and late charges, if any. Beneficiary has elected, and has directed the Trustee to sell the above described property to satisfy the obligation. The sale is a public sale and any person, including the beneficiary, excepting only the Trustee, may bid at the sale. The bid price must be paid immediately upon the close of bidding in cash or cash equivalents (valid money orders, certified checks or cashier's checks). The conveyance will be made by Trustee's Deed without any representation or warranty, including warranty of Title, express or implied, as the sale is made strictly on an as-is, where-is basis, without limitation, the sale is being made subject to all existing conditions, if any, of lead paint, mold or other environmental or health hazards. The sale purchaser shall be entitled to possession of the property on the 10th day following the sale. The grantor, successor in interest to the grantor or any other person having an interest in the property, at any time prior to the trustee's sale, may pay to the beneficiary or the successor in interest to the beneficiary the entire amount then due under the deed of trust and the obligation secured thereby (including costs and expenses actually incurred and attorney's fees) other than such portion of the principal as would not then be due had no default occurred and thereby cure the default. The scheduled Trustee's Sale may be postponed by public proclamation up to 15 days for any reason, and in the event of a bankruptcy filing, the sale may be postponed by the trustee for up to 120 days by public proclamation at least every 30 days. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Dated: February 6, 2018 Rae Albert Assistant Secretary, First American Title Company of Montana, Inc. Successor Trustee Title Financial Specialty Services PO Box 339 Blackfoot ID 83221 STATE OF Idaho ss. County of Bingham On this 6th day of February, 2018, before me, a notary public in and for said County and State, personally appeared Rae Albert, know to me to be the Assistant Secretary of First American Title Company of Montana, Inc., Successor Trustee, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same. Kaitlin Ann Gotch Notary Public Bingham County, Idaho Commission expires: 07/29/2022 Carrington Mortgage Services vs Scott G Hilderman 102174-2 March 4, 11, 18, 2018 MNAXLP _________________________
No. 25142. Notice of Public Hearing on Proposed Amendment of Water Quality Standards Before the Montana Department of Environmental Quality On April 10, 2018, at 11:00 a.m., the Department of Environmental Quality ("department") will hold a public hearing in Room 111 of the Metcalf Building, 1520 E. Sixth Avenue, Helena, Montana, and a second public hearing at Whitefish City Hall Council Chambers, 418 E. Second St., 2nd Floor, Whitefish, Montana on April 11, 2018, at 11:00 a.m., to consider proposed amendments of Administrative Rules of Montana (ARM) 17.30.660 pertaining to nutrient standards variances. The proposed amendments are necessary to adopt by reference proposed changes to Department Circular DEQ-12B ("DEQ-12B"). The department is proposing to modify text pertaining to individual variances. Also, an individual variance for the city of Whitefish ("Whitefish") has been requested, and is included in DEQ-12B. Changes to DEQ-12B pertaining to individual variances are addressed first. The proposed amendment does not amend the general nutrient variance provisions contained within DEQ-12B. Since adoption of the June 2017 version of DEQ-12B, the U.S. Environmental Protection Agency ("EPA") has asked the department to change parts of Section 3.0, pertaining to individual variances, to better align with federal variance rules at 40 CFR 131.14. The department considers these suggested changes minor in nature and would not alter the basic methods by which the department grants individual variances, but recognizes the EPA's approval authority for Clean Water Act purposes. Accordingly, changes have been made to Section 3.1 to better accord with 40 CFR 131.14, and especially 40 CFR 131.14(b)(1)(ii). Other changes include clarification on highest attainable condition requirements for individual variances, and the removal of Section 3.2. Section 3.2 is redundant to existing rule at ARM 17.30.660(4) and therefore would be stricken. Section 3.0 would now contain a sentence which makes clear the linkage between DEQ-12B and ARM 17.30.660(4). DEQ-12B would be amended to contain an individual variance for Whitefish; the variance would apply to their proposed new wastewater treatment facility. Whitefish was granted a general nutrient variance for their existing facility under the previous (July 2014) DEQ-12B. Whitefish's MPDES permit expires on 7/31/2020 and during the next renewal the department may no longer implement the 2014 version of the general variance in their permit. As a result of the 2017 changes made to the general variance, Whitefish is now requesting an individual variance. Individual variances are usually for permittees having financial difficulties meeting general variance treatment requirements. The June 2017 DEQ-12B general treatment requirements are more stringent than those used to derive Whitefish's general variance limits under the July 2014 version. Moreover, the new wastewater facility Whitefish is planning (sequencing batch reactor) will cost the community considerably more than the department's minimum expenditure requirement for justifying an individual variance. For these reasons, Whitefish is requesting an individual nutrient standards variance for the proposed facility. The department has consulted with Whitefish and has determined that no reasonable alternative to an individual nutrient variance exists. The department has reviewed Whitefish's individual variance application based on building and operating the facility described above, and has found that Whitefish's justification for an individual variance is acceptable. The individual variance is planned to be implemented in two phases. In phase I (the subject of this rulemaking), the MPDES permit limit would be based on the new facility's design treatment specs of 10 mg TN/L and 1 mg TP/L. Approximately seven years later, phase II would be implemented. For phase II, the permit would be based on the actual achieved concentrations (presumably better than 10 mg TN/L and 1 mg TP/L) resulting from operational stabilization and optimization. Individual variances must be adopted into DEQ-12B on a case-by-case basis following the department's formal rulemaking process. A copy of proposed DEQ-12B and the technical document containing the Whitefish individual variance application, entitled "City of Whitefish Wastewater Treatment Facilities Individual Variance Request from Numeric Nutrient Standards Substantial and Widespread Economic Impact", may be viewed at the Department's website: http://deq.mt.gov/Water/WQINFO/nutrientworkgroup. Copies may also be obtained by contacting Myla Kelly at (406) 444-3639 or e-mail MKelly2@mt.gov. The department will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact Sandy Scherer no later than 5:00 p.m., April 3, 2018, to advise us of the nature of the accommodation that you need. Please contact Sandy Scherer at the Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2630; fax (406) 444-4386; or e-mail sscherer@mt.gov. Data, views, or arguments regarding the proposed changes to DEQ-12B-either orally or in writing-may be provided at the hearings. Written data, views, or arguments may also be submitted to Sandy Scherer, Legal Secretary, Department of Environmental Quality, 1520 E. Sixth Avenue, P.O. Box 200901, Helena, Montana 59620-0901; faxed to (406) 444-4386; or e-mailed to sscherer@mt.gov, no later than 5:00 p.m., April 13, 2018. To be guaranteed consideration, mailed comments must be postmarked on or before that date. February 25, March 4, 11, 2018 MNAXLP ________________________
No. 25174 LEGAL NOTICE Montana Fish, Wildlife & Parks (FWP) has written a draft environmental assessment (EA) for a proposal to accept a donated 1/4-acre public access easement to create a wildlife viewing area that provides the public with a safe area for wildlife viewing and outdoor educational opportunities. The easement would provide access to incredible wildlife viewing opportunities not currently available elsewhere in the valley, as well as provide an outdoor classroom for the local schools. The project area is located northwest of Kalispell on West Valley Road in Flathead County (T29N, R22W, S22). The draft is out for a 14-day public review through 5:00 p.m., March 13, 2018. Copies of the draft EA are available at the FWP office, 490 N. Meridian Rd., Kalispell; Montana State Library, 1515 E 6th Ave., Helena; FWP State Headquarters, 1420 E 6th Ave., Helena; the FWP website at fwp.mt.gov/news/publicNotices/ environmentalAssessments/developmentImprovementsAndEnhancements; and available for viewing at local libraries. Contact person: Chris Hammond, FWP Wildlife Biologist; 490 N Meridian Road, Kalispell, MT 59901; (406) 751-4582; chammond@mt.gov. February 28, March 4, 2018 MNAXLP __________________________