Legals for October, 13 2023
NO. 29787 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 MATTERS OF: MATTHEW NELSON, MADALINE NELSON, YOUTHS IN NEED OF CARE. Cause No. DN-21-015(A) Cause No. DN-21-016(A) Judge Amy Eddy SUMMONS FOR PUBLICATION To: The Unknown Birth Father of the above-named children: 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 termination of parental rights and permanent legal custody. NOW, THEREFORE, YOU ARE HEREBY DIRECTED to appear on Monday, October 16, 2023 at 9:00 AM before the Honorable Amy Eddy, District Judge, Department 1, Flathead County Justice Center, 920 South Main Street, Second Floor, Kalispell, Flathead County, Montana, then and there to show cause, if any you may have, why the Petition should not be granted. M.N. and M.N. were both born on January 19, 2018 in Kalispell, Montana. The birth mother is Brandy Nelson. 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 26th day of September, 2023. PEG L. ALLISON Clerk of District Court By: Michelle Davis Deputy Clerk Sept. 29, and Oct. 6, 13, 2023 MNAXLP __________________________
NO. 29788 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 MATTERS OF: MATTHEW NELSON, MADALINE NELSON, YOUTHS IN NEED OF CARE. Cause No. DN-21-015(A) Cause No. DN-21-016(A) Judge Amy Eddy SUMMONS FOR PUBLICATION To: Brandy Nelson, birth mother of the above-named children: 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 termination of parental rights and permanent legal custody. NOW, THEREFORE, YOU ARE HEREBY DIRECTED to appear on Monday, October 16, 2023 at 9:00 AM before the Honorable Amy Eddy, District Judge, Department 1, Flathead County Justice Center, 920 South Main Street, Second Floor, Kalispell, Flathead County, Montana, then and there to show cause, if any you may have, why the Petition should not be granted. M.N. and M.N. were both born on January 19, 2018 in Kalispell, Montana. The birth mother is Brandy Nelson. 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 26th day of September, 2023. PEG L. ALLISON Clerk of District Court By: Michelle Davis Deputy Clerk Sept. 29, and Oct. 6, 13, 2023 MNALXP __________________________
NO. 29802 NOTICE OF HEARING ON PROPOSED FY23 BUDGET AMENDMENT NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Flathead County, Montana intends to amend the budget for the 2022-2023 fiscal year and that said budget amendment affects the following functions: general government; public safety; public works; public health; social and economic services; culture and recreation and solid waste. Details are open to public inspection in the Office of the Flathead County Clerk & Recorder, 800 South Main, Kalispell, Montana and also available on the Flathead County website at http://flathead.mt.gov/finance/downloads.php. The Board will meet on the 17th day of October, 2023 at 10:45 a.m. for the purpose of holding a hearing and consideration of the amendment to the original budget. Said meeting is to be held in the Commissioners’ Chambers, Third Floor, 800 South Main, Kalispell, Montana. Any taxpayer or resident may appear at the hearing and will be heard for or against any part of the proposed budget amendment. For further information, please contact Amy Dexter, Finance Director, 800 South Main, Room 214, Kalispell, Montana 59901, Telephone (406) 758-5538. Written comments are encouraged and will be reviewed by the Commissioners if received by the Flathead County Commissioners’ Office prior to the hearing. DATED this 3rd day of October, 2023. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By:/s/Brad W. Abell Brad W. Abell, Chairman Oct. 6, 13, 2023 MNAXLP __________________________
NO. 29806 Randall S. Ogle OGLE, WORM & TRAVIS, PLLP 24 First Avenue East, Suite B P.O. Box 899 Kalispell, MT 59903 Telephone: (406) 752-7550 Attorneys for the Estate MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY IN THE MATTER OF THE ESTATE OF VIRGINIA N. AXENFIELD, Deceased. Cause No. DP-23-257 ROBERT B ALLISON NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named estate. All persons having claims against the said 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 be either mailed to Richard M. Forscutt, the Personal Representative, return receipt requested at c/o Ogle, Worm & Travis, PLLP, P.O. Box 899, Kalispell, Montana 59903, or filed with the Clerk of the above-entitled Court. DATED this 14th day of September, 2023. /s/ Richard M Forscutt Richard M. Forscutt Personal Representative OGLE, WORM & TRAVIS, PLLP By: Randall S. Ogle Randall S. Ogle Attorneys for the Estate Oct. 6, 13, 20, 2023 MNAXLP __________________________
No. 29808 TANKO LAW OFFICE BRIAN C. TANKO, ESQ. Montana Bar No. 5194 392 - 1st Avenue East North Kalispell, MT 59901 Tel: (406) 257-3711 Fax: (406) 257-3722 Email: btanko@tankolaw.com Web: www.tankolaw.com Attorney for Personal Representative MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY In Re: The Estate of: “MAX” ERLING O. SCHLAK, Deceased. Cause No.: DP-23-280 Amy Eddy District Court Judge NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named Estate. All persons having claims against the said deceased are required to present their claims within four (4) months after the date of the first publication of this Notice or said claims will be forever barred. Claims must either be mailed to Valerie Babb, the Personal Representative, return receipt, to: c/o Tanko Law Office, 392 – 1st Avenue E.N., Kalispell, MT 59901 or filed with the Clerk of the above Court. DATED this 22nd day of September, 2023. /s/ Valerie Babb VALERIE BABB, Personal Representative Submitted by: TANKO LAW OFFICE /s/ Brian C. Tanko BRIAN C. TANKO, ESQ. Attorney for Personal Representative Oct. 6, 13,20,2023 MNAXLP __________________________
No. 29809 TANKO LAW OFFICE BRIAN C. TANKO, ESQ. Montana Bar No. 5194 392 - 1st Avenue East North Kalispell, MT 59901 Tel: (406) 257-3711 Fax: (406) 257-3722 Email: btanko@tankolaw.com Web: www.tankolaw.com Attorney for Personal Representative MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY In Re: The Estate of: DARRYL HOWARD DUCKWORTH Deceased. Cause No.: DP-23-279 Danni Coffman District Court Judge NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named Estate. All persons having claims against the said deceased are required to present their claims within four (4) months after the date of the first publication of this Notice or said claims will be forever barred. Claims must either be mailed to John A. Gutierrez, the Personal Representative, return receipt, to: c/o Tanko Law Office, 392 – 1st Avenue E.N., Kalispell, MT 59901 or filed with the Clerk of the above Court. DATED this 3rd day of October, 2023. /s/ John A. Gutierrez JOHN A. GUTIERREZ, Personal Representative Submitted by: TANKO LAW OFFICE /s/ Brian C. Tanko BRIAN C. TANKO, ESQ. Attorney for Personal Representative Oct. 6, 13, 20, 2023 MNAXLP __________________________
NO. 29819 INVITATION FOR BIDS Project Identification: Warehouse / Shop Building Project Location: 56243 US Hwy 93, Pablo, Montana Owner: Salish and Kootenai Housing Authority Architect: Irvine Design Studio LLC tirvine@idstudio-arch.com Project Description: Project consists of one building with a 4,000 square foot warehouse with administration and a 6,000 square foot shop area; site improvements with new paving and gravel areas, a recessed load dock for delivery vehicles, new fencing layout and vertical pivot gates. BID SUBMITTAL AND OPENING Owner will receive sealed lump sum bids until the bid time and date at the location given below. Owner will consider bids prepared in compliance with the Instructions to Bidders issued by Owner, and delivered as follows: Bid Date: Friday, November 7, 2023 Bid Time: 3:00 p.m., local time. Location: 56243 US Hwy 93, Pablo, Montana, SKHA conference room, Pablo, Montana, 59855 Bids will be thereafter publicly opened and read aloud, recorded and accepted for consideration. Bids received after this time will not be accepted. Faxed bids are not allowed. MANDATORY PREBID CONFERENCE A Prebid conference for all bidders will be held at the Salish &Kootenai Housing Authority (SKHA), Pablo, Montana on Monday, October 23, 2023 at 3:00 p.m., local time. Prospective prime bidders are required to attend. BID SECURITY Bid security bond shall be submitted with each bid in the amount of (5) five percent of the bid amount. No bids may be withdrawn for a period of 60 days after opening of bids. The Bid security bond of the successful BIDDER will be retained until the PAYMENT BOND and the PERFORMANCE BOND have been executed and approved, after which it will be returned. A certified check may be used in lieu of a Bid security bond. A PAYMENT BOND and PERFORMANCE BOND, each in the amount of (100) one hundred percent of the contract price (with a corporate surety approved by the OWNER) will be required to ensure faithful performance of the contract. DOCUMENTS Viewing Procurement and Contracting Documents: Available Monday, October 9, 2023, at the locations below: •Exchanges of Montana: (Missoula, Kalispell, Billings, Great Falls, Bozeman, Butte, and Helena) •Abadan Regional Plan Center, 603 E. 2nd Ave. Spokane, WA 99202 1.The Contractor / Subcontractor are responsible for their own procurement of copies, if necessary. The Owner will not reimburse any amount for copies used by bidder. TIME OF COMPLETION AND LIQUIDATED DAMAGES Successful bidder shall begin the Work on receipt of the Notice to Proceed and shall complete the Work within the Contract Time. Work is subject to liquidated damages. BIDDER’S QUALIFICATIONS Bidders must be properly registered with the Montana Department of Labor. WITHDRAWAL OF BIDS Once the closing time for the receipt of bids is reached, a bid may not be withdrawn for a period of thirty (30) calendar days. NOTICE This is an Indian Preference Bid. Tribal contractors who wish to receive Indian Preference must obtain certification by the Indian Preference Office as a legitimate Indian-owned business prior to the submission of bids. Proof of Indian Preference Certification must be included with your bid in the form of a copy of the Certificate issued by the Indian Preference Office. Be advised that evidence of your ownership or affiliation with a Tribe does not constitute Indian Preference Certification. You must be certified by the Indian Preference Office in order to claim preference. The selection of the successful contractor and award of this project will be per the provisions of the Confederated Salish and Kootenai Tribes Indian Preference Ordinance 101A. It is the sole responsibility of the bidder to obtain and provide proof of Indian Preference certification from the Indian Preference Office. This advertisement for bids does not commit the owner to award a contract, not to pay any costs incurred in the preparation of bids or to the procurement of supplies. Owner reserves the right to reject any and all bids and to waive informalities and irregularities. Owner reserves the right to re-advertise when it is in the best interest of the Owner. Award will be made to the lowest responsible BIDDER. Contract is subject to the Davis-Bacon Act and required applicable minimum wage rates. A conditional or qualified BID will not be accepted. Oct. 13, 20, 2023 MNAXLP __________________________
NO. 29820 DEPARTMENT OF PUBLIC SERVICE REGULATION BEFORE THE PUBLIC SERVICE COMMISSION OF THE STATE OF MONTANA In re NorthWestern Energy’s Annual PCCAM Filing Docket 2023.09.081 October 10, 2023 Notice of Application and Intervention Deadline 1. On September 1, 2023, NorthWestern Energy (“NorthWestern”) filed an Application (“Application”) with the Montana Public Service Commission (“Commission”) requesting approval of a rate adjustment under NorthWestern’s Power Costs and Credits Adjustment Mechanism (“PCCAM”). The PCCAM tracks certain costs and credits associated with supplying electric service and allows annual rate adjustments to track actual costs incurred and credits received. 2. NorthWestern asserts that one of two different adjustments would be necessary this year, depending on the outcome of NorthWestern’s general rate cases in Commission docket 2022.07.078 (the “General Rate Case”). Based on the interim rates the Commission approved in the General Rate Case, NorthWestern asserts it has under-collected $17,545,388 during the tracking period from July 1, 2022 through June 30, 2023. Under the terms of the PCCAM, NorthWestern began collecting that under-recovery on an interim basis on October 1, 2023. Because the present under-collection is less than the prior year’s under-collection, the interim rate adjustment results in a rate decrease of $4.51 or 4.11% for the typical residential customer using 750 kilowatt-hours of energy per month. 3. If the Commission approves the settlement filed in the General Rate Case, the base revenue recovered for NorthWestern’s PCCAM would change as of July 1, 2022. Because NorthWestern’s customers are responsible for 90% of the difference between certain actual costs and base PCCAM revenue during the tracking period, adjusting the PCCAM base as of July 1, 2022 would affect the under-collected balance to be paid by NorthWestern’s customers. NorthWestern also asserts that approval of the settlement would result in quarterly PCCAM rate adjustments with interest on any deferred account balance. NorthWestern asserts these changes to the PCCAM would result in a $43,655,995 under-collection during the tracking period. NorthWestern indicates it will amend its Application to update its claimed under-collection, depending on the Commission’s decision in the General Rate Case. 4. In August 2022, the Commission authorized NorthWestern to enter fixed-price hedging transactions and ordered NorthWestern to submit semiannual compliance filings to document its hedging activities. NorthWestern asserts it has not entered into any hedging transactions under this new authority. NorthWestern requests approval to submit its compliance filings annually, instead of semiannually. 5. A copy of the filing is publicly available at the Commission’s business office, 1701 Prospect Avenue, P.O. Box 202601, Helena, MT 59620-2601, and online at the Commission’s website (psc.mt.gov) under Docket No. 2023.09.081. A copy of the filing may also be available at the office of the Montana Consumer Counsel (“MCC”), which represents consumer interests before the Commission, 111 North Last Chance Gulch, Suite 1B, Helena, MT 59601-4144, (406) 444-2771. Interested parties can register on the Commission’s website to receive notice of filings in this docket. Instructions for subscribing to notices of filings are available at psc.mt.gov/reddi-help. 6. The Commission invites any interested party affected by NorthWestern’s filing to intervene in this docket. To intervene, a party must file a motion pursuant to Mont. Admin. R. 38.2.2407 with the Commission no later than October 20, 2023. All motions for intervention must be filed electronically on the Commission’s website at reddi.mt.gov. Hard copy filings are not required. A party seeking intervention must also mail a copy of the motion to MCC at 111 North Last Chance Gulch, Suite 1B, P.O. Box 201703, Helena, MT 59620-1703 and to NorthWestern’s attorney, Clark Hensley, NorthWestern Energy, 208 N. Montana Ave., Suite 200, Helena MT 59601. 7. The Commission invites members of the public who do not wish to formally intervene to submit written public comments on the matter to the Commission at 1701 Prospect Avenue, P.O. Box 202601, Helena, MT 59620-2601 or by email to pschelp@mt.gov. Public comment may also be submitted in REDDI. Instructions for submitting public comments in REDDI are available at psc.mt.gov/reddi-help (select “Submit a Public Comment”). 8. The Commission’s jurisdiction over this matter is provided in Title 69 and Title 2, Chapter 4 of the Montana Code Annotated; Title 38, Chapters 2 and 5 of the Montana Administrative Rules; and any prior orders of the Commission relevant to the issues presented. DONE and DATED October 10, 2023, by the Montana Public Service Commission through delegation to staff. JAMES BROWN, President JENNIFER FIELDER, Vice President TONY O’DONNELL, Commissioner RANDALL PINOCCI, Commissioner DR. ANNIE BUKACEK, Commissioner Oct. 13, 2023 MNAXLP __________________________
No. 29821 MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY IN THE MATTER OF THE ESTATE OF Kenneth F. Barton Deceased. PROBATE NO. DP-23-287 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named estate. All persons having claims against the said deceased are required to present their claims within four months after the date of the first publication of the notice or said claims will be forever barred. Claims must be mailed to Cindy Barton the personal representative, by certified mail, return receipt requested: 90 Juniper Bend Dr., Kalispell, MT 59901 or filed with the Clerk of the above-entitled Court. Dated this 10th day of October, 2023 /s/ Cindy Barton Cindy Barton October 13, 20, 27, 2023 MNAXLP __________________________
NO. 29823 Public Notice: On or after October 20th, 2023 Ranger Storage, LLC, will have a public auction. Gardner Auction Service will conduct the auction at 200 United Drive, Kalispell MT 59901 and at gardnerauction.com. To be sold for cash, the personal items stored at Ranger Storage, LLC, 250 S Complex Dr, Kalispell, MT by the following persons: Anthony Ewell, Matthew Baer and anyone that have received notice per MCA 70-6-420. Ranger Storage, LLC: 282 Fourth Ave WN, Kalispell, MT 59901. Phone 406-752-7867 Oct. 13, 2023 MNAXLP __________________________
NO. 29824 Public Notice: On or after October 20th, 2023. West Valley Storage will have a public auction. Gardner Auction Service will conduct the auction at 200 United Drive, Kalispell MT 59901 and at gardnerauction.com. To be sold for cash, the personal items stored at West Valley Storage, 3225 Hwy 2 West, Kalispell, MT by the following persons: Dawn Fessenden, Spencer Meade and anyone that has received notice per MCA 70-6-420. West Valley Storage: 282 Fourth Ave WN, Kalispell, MT 59901. Phone 406-257-9066. Oct. 13, 2023 MNAXLP __________________________