Friday, February 03, 2023

Legals for August, 24 2021

| August 24, 2021 12:00 AM

Notice of Public Meeting The City of Libby The City Council of the City of Libby has completed the preliminary budget for fiscal year 2022. A Public Hearing will be held on Tuesday, September 7th, 2021, for all interested citizens of the City of Libby. The Public Hearing will be held in the Council Chambers in City Hall at 6:00 pm to hear from any resident concerning the budget before it is finalized. The proposed budget has been placed on file and may be examined at City Hall, 952 E. Spruce St., weekdays 8:00 am to 4:30 pm. By Order of the Mayor and Council Samuel Sikes City Clerk/Treasurer 293-2731 Published in the Western News August 17 & 24, 2021. MNAXLP

NOTICE OF PRELIMINARY BUDGET HEARING The Troy City Council will hold their Preliminary Budget hearing for Fiscal Year 2021/2022 on August 31, 2021 at 6:30 pm at the Troy City Council Chambers, 301 E Kootenai Avenue, Troy, Montana. The preliminary budget will be placed on file and may be examined at Troy City Hall after August 23, 2021 between the hours of 9:00 am and 4:00 pm. Any taxpayer or resident may appear at said hearing and be heard for or against any part of the proposed budget. The City of Troy will hold a final Budget meeting on August 31, 2021 immediately following the Preliminary Budget Hearing, at the Troy Council Chambers at 301 E Kootenai Avenue, Troy, Montana. The purpose of this meeting will be to approve the final budget and make appropriations. For further information contact Tracy Rebo, City Clerk at 295-4151. Dated this 9th day of August, 2021 /s/ Tracy Rebo, City Clerk Published In The Western News August 18 & 25, 2021. MNAXLP

Public Notice: Envirocon/Dick Anderson Construction Joint Venture, 5512 Montana Highway 37, intends to temporarily lease and change water rights from the Kootenai River, Rainy Creek, and/or Carney Creek located near Libby, Montana pursuant to MCA § 85-2-402. The Lessor and owner of the water rights is the Kootenai Development Co., 7500 Grace Drive, Columbia, Maryland 21044. The Montana DNRC water right numbers for the temporarily changed water rights are 76D 303-00, 76D 304-00, 76D 305-00, 76D 310-00, and 76D 30023375. The purpose of the lease is for road construction and dust abatement. The source of water to be used under the temporary change is the Kootenai River, Rainy Creek, and/or Carney Creek. The diversion of water is proposed to start on May 7, 2021 and end on August 5, 2021. Under the temporary change: The proposed point of diversion for water rights 76D-30023375 and 76D-304-00 is the NE1/4, S1/4, NE1/4 of Section 32 in Township 31 North, Range 30 West Lincoln County on the Kootenai River; the proposed point of diversion for water rights 76D 303-00, 76D 305-00, and 76D 310-00 will be the NW1/4 NE1/4 SE1/4 of Section 21, Township 31 North, Range 30 West Lincoln County, at the Mill Pond located at the confluence of Carney Creek and Rainy Creek; the proposed place of use is in sections 15, 16, 21, 22, 28 and 32 all in Township 31 North, Range 30 West Lincoln County. The maximum flow rate and volume for all water rights will not be exceeded, and the cumulative diversion and use of any rights will not exceed 120,000 gallons per day. The industrial water used under water rights 76D 303-00, 76D 304-00, 76D 305-00, 76D 310-00 will be temporarily curtailed during the term of this lease. The water right is not abandoned and the point of diversion and means of diversion are still functional. The 14.2 acres of irrigation use under water right 76D-30023375 will also be temporarily curtailed during the term of this lease. Analysis of flow records provided by the USGS at stream gauging station 12301933for the Kootenai River below Libby Dam near Libby Montana show that the minimum flow rate for the Kootenai River is 3,000 cfs ( Withdrawing 120,000 gallons of water per day is approximately 0.0062% of the daily minimum flow of the Kootenai River which can be considered de minimis. The proposed point of diversion is not moving upstream or downstream of any other existing water user on the Kootenai River. There are no other water rights on Rainy Creek or Carney Creek, that could be adversely effected by the lease. Use of any water rights will continue to operate in priority, and within the historic appropriation. Accordingly, it does not appear that the water use will cause adverse effect to any other water users. If any water users are adversely effected, diversions will be immediately curtailed until the adverse effects subside. Questions, comments or concerns can be communicated to the Lessor representative Hafferman Engineering Inc. at Published In The Western News August 20, 2021. MNAXLP

C. Mark Hash Hash, O'Brien, Biby & Murray, PLLP Attorneys at Law 136 1st Ave. W. P. O. Box 1178 Kalispell, MT 59903-1178 (406) 755-6919 Attorneys for Personal Representative MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY In The Matter of The Estate of JOYCE E. HEMPHILL-WALDER Deceased Cause No. DP-21-84 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representa-tive 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 Judith L. Hemphill, Personal Representative by certified mail, return receipt requested, c/o Hash, O'Brien, Biby & Murray, PLLP, Attorneys at Law, P.O. Box 1178, Kalispell, Montana 59903-1178, or filed with the Clerk of the above-entitled Court. DATED August 9, 2021. s/ Judith L. Hemphill Personal Representative Personal Representative's Attorneys: Hash, O'Brien, Biby & Murray, PLLP By s/ C Mark Hash Published In The Western News August 24, 31 and September 7, 2021. MNAXLP

NOTICE TO ACCEPT BIDS The Heritage Museum's Board of Directors is accepting bids through September 9, 2021, to replace the 15,620 square foot metal roof and roof framework on the 12-sided federally listed historical log building located at 34067 U.S. Highway 2. An optional Pre-Bid Conference will be held on September 7, 2021, at 10 a.m. at the Museum. Bids must be postmarked by September 9, 2021, and mailed to The Heritage Museum, Attn: Bid, P.O. Box 628, Libby, MT 59923 (or) hand-delivered to the Museum before 5 p.m. on September 9, 2021. Bids will be opened at The Heritage Museum at 10 a.m. on September 13, 2021. The roof replacement project is state funded, in part, through a Montana Historic Preservation Grant (MHPG) and the winning bid contractor will be required to pay Montana State prevailing wages. Bidders must be licensed general or roofing contractors in the State of Montana, bonded, and insured. The contract term will be from award date until June 1, 2021. Renewals may be made at 1-year intervals, not to exceed a total of 2 years, at the option of the Heritage Museum. The roof consists of 12 pie-shaped sections 50 feet in length (lower roof) and 12 pie-shaped sections 15-feet in length (tower roof). The project should be completed in 6-8 consecutive weeks beginning to end of project (dependent upon weather). The Museum is responsible for removal of the existing metal roof, framing, and fascia. The new roof will rest on the original tongue and groove boards which form the ceiling inside the building and rest on the building's whole log roof rafters. The new roof must consist of 30-year titanium underlayment with ice shield on the lower edge, 2" x 4" horizontal purlins, 2" x 6" wood framing, 5/8" sheets of OSB or comparable, 2-pound foam-in insulation for 5-inches, another layer of 30-year titanium underlayment, add/construct tunnel venting through/under the OSB or comparable, topped with new brown 24-26 standard gauge metal sheeting and trim in Standard Classic Style, new construction industry standard screws and screw spacing, and installation of cedar board fascia (provided by the Museum) beneath the roof all around the building on both levels. Bidders should include documentation of any prior experience in repairing historic log buildings. An additional General Requirements package can be obtained from the Museum's website at or by stopping by the Museum during open hours (10 a.m. to 5 p.m. Monday through Saturday and Sunday 1 p.m. to 5 p.m.). Published In The Western News August 24, 27, 31 and September 2, 2021. MNAXLP

KOOTENAI FOREST TIMBER FOR SALE The Bullseye Sale is located within Portions of Sections 1 and 12 of T29N R31W; Sections 4, 5, 6, 7, 8, 9, 18, 19, 20, and 29, of T29N R30W; Sections 30, 31, 32, and 33 of T30N R30W; and Section 36 of T30N R31W; Lincoln County, State of Montana, PMM. The Forest Service will receive Sealed bids at Supervisor's Office, Libby, MT before or at the time of sealed bid opening at 2:00 PM local time on 09/22/2021 for an estimated volume of 73391 ton of Douglas-fir & Other sawtimber marked or otherwise designated for cutting. In addition, there is within the sale area an estimated volume of 7720 ton of Combined Softwood non-saw that the bidder agrees to remove at a fixed rate. In addition, there is within the sale area an unestimated volume of Combined Softwood non-saw that the bidder may agree to remove at a fixed rate. Sale contains specified roads with an estimated public works construction cost of $507,427.18. Bidders qualifying as small business concerns under the Small Business Act may, when submitting a bid, elect for the Forest Service to build permanent roads. Additional information concerning this option is in the prospectus. The Forest Service reserves the right to reject any and all bids. Interested parties may obtain a prospectus from the office listed below. A prospectus, bid form, and complete information concerning the timber, the conditions of sale, and submission of bids is available to the public from the Kootenai National Forest Supervisor's Office, 31374 US Hwy 2, Libby, Mt. 59923. USDA is an equal opportunity provider, employer, and lender. Published In The Western News August 24, 2021. MNAXLP

PUBLIC OPPORTUNITY TO PROTEST TRANSFER OF OWNERSHIP OF MONTANA ALL-ALCOHOLIC BEVERAGES LICENSE CICCONE OPERATIONS, LLC (Alberico Ciccone and Franci Ciccone, Owner(s)) has applied to transfer Montana All-Alcoholic Beverages License No. 56-923-4487-002 to be operated at CICCONE OPERATIONS, LLC, 419 E 9th St, Libby, Lincoln County. The public may protest this license transfer in accordance with the law. Who can protest this transfer? Protests will be accepted from residents of the county of the proposed location Lincoln County, residents of adjoining Montana counties, and residents of adjoining counties in another state if the criteria in 16-4-207(4)(d), Montana Code Annotated (MCA), are met. What information must be included? Protest letters must be legible and contain (1) the protestor's full name, mailing address, and street address; (2) the license number 56-923-4487-002 and the applicant's name CICCONE OPERATIONS, LLC; (3) an indication that the letter is intended as a protest; (4) a description of the grounds for protesting; and (5) the protestor's signature. A letter with multiple signatures will be considered one protest letter. What are valid protest grounds? The protest may be based on the applicant's qualifications listed in 16-4-401, MCA, or the grounds for denial of an application in 16-4-405, MCA. Examples of valid protest grounds include: (1) the applicant is unlikely to operate the establishment in compliance with the law; (2) the proposed location cannot be properly policed by local authorities; and (3) the welfare of the people in the vicinity of the proposed location will be adversely and seriously affected. How are protests submitted? Protests must be postmarked to the Department of Revenue, Office of Dispute Resolution, P.O. Box 5805, Helena, Montana 59604-5805 on or before September 10, 2021. What happens if the transfer is protested? Depending on the number of protests and the protest grounds, a public hearing will be held in Helena or Libby. All valid protestors will be notified of the hearing's time, date and location. Hearings typically are scheduled within 90 days. A protester's hearing testimony is limited to the grounds in the protester's letter. Following the hearing, the Department of Revenue will notify the public whether the license transfer is approved or denied. How can additional information be obtained? The cited MCA statutes are online at Questions may be directed to Charlene Sholey, Compliance Specialist for the Department of Revenue's Alcoholic Beverage Control Division, at 444-3505 or Published In The Western News August 24 & 31, 2021. MNAXLP