Sunday, June 13, 2021

Legals for June, 11 2021

| June 11, 2021 12:00 AM

CALL FOR BIDS The City of Libby will receive sealed bids up to and including 4:30 p.m. on Friday June 25th, 2021, for the purchase of unspecified amounts of the following items: 1. CRS2-CRS2P, MC250, HFE 300HP, and HF150S road oil in truck load lots as required (bids should state price per ton and net gallons per ton delivered F.O.B. Libby). 2. Unleaded Gasoline. 3. #2 Diesel Fuel Oil. 4. Propane. 5. Crushing and stockpiling 5/8" minus crushed gravel 3/8" minus crushed chips to meet NAAQ standards for PM-10 (Subchapter 3. Paragraph 75.1-303 EMISSION LIMITS) at the city gravel pit using city materials (gravel), unless other arrangement is made. Bids should state price per cubic yard. 6. PROCESS COLD MIXED ASPHALT: Using asphalt emulsion best suited for crushed aggregate provided by City (determined by samples taken from stockpile and lab tested). Mixing and stockpiling to be performed at City gravel pit on Pipe Creek Road unless other arrangements are made. 7. HOT MIXED ASPHALT PAVING: (bid price per square yard, 1" - 2" mat, compacted in place) to be done within the City Limits having existing cement curbs and gutters, storm drain catch basins, sewer manholes and water valve boxes. Bids to include a hot mix design to perform under business/residential traffic loads, preparation of existing street surface to efficiently accept hot mix overlay, tack coat, paving and compacting to current MDOT specifications. The City of Libby understands that preparation needs of street surfaces vary and that each street requires different treatment prior to paving. The average costs for preparation are needed as a guideline for budgeting purposes and information can be made more specific if funds become available. Purchase of fuels is to be made from a Key-Lock, Card-Lock, and in a facility accessible 24 hour per day. Your bids for the Propane, Unleaded Gasoline and Diesel Fuel must disclose the following: Supply Rack _________ Posted price __________ Discount (if any) __________ Freight to Libby State Tax DST Fee/Super Fund Fee __________ Subtotal __________ ___________ ___________ Minimum Mark up at 7% Additional margin Total Bid For each or appropriate: Unleaded Gasoline Diesel Fuel Propane __________ Please quote your bid for prices effective on July 1, 2021 through June 30, 2022 and include a copy of the OPTS posting for the supply rack involved. It is understood that propane, unleaded gasoline and diesel fuel prices fluctuate. The successful vender may change prices as the supply rack prices change. The City reserves the right to request verification through OPTS posting from time to time during this contract. Bids will be accepted on one or all bases. The City will accept the lowest responsible bid, but the council reserves the right to reject any or all bids or to waive any technicality or informality and accept any bid which may be deemed best for the interest of the City of Libby. The successful bidder will be required to abide by Federal and State minimum wage and fringe benefit laws, particularly Section 18-2-401, et seq. MCA and must comply with all requirements of applicable Federal laws in this State. Bid bonds requirements of Section 18-1-202 MCA shall be waived. Bids should be addressed to the City Clerk, Post Office Box 1428, Libby, Montana 59923-1428, sealed and be plainly marked "Bids". Bids will be opened Friday, June 25th, 2021, at 4:30 p.m. with a recommendation to the City Council at the next regular scheduled meeting or at the next scheduled special meeting, whichever is earlier. By order of the Mayor of the City of Libby, Montana, this 1th day of June 2021. Published in The Western News June 4 & 11, 2021. MNAXLP

NOTICE OF PUBLIC HEARING CITY OF TROY, COUNCIL CHAMBERS JUNE 16, 2021, 7:00 pm 301 E KOOTENAI AVENUE NOTICE IS HEREBY GIVEN for a PUBLIC HEARING to be held before the City of Troy Council on June 16, 2021 at 7:00 pm in the City of Troy Council Chambers at 301 E Kootenai Avenue, Troy, Montana. The purpose of this Public Hearing is to amend the 2020-2021 Fiscal Year Budget for additional revenues and expenditures in all funds. All pertinent information regarding this hearing may be reviewed at the Troy City Hall at 301 E Kootenai Avenue between the hours of 9:00 am to 4:00 pm. Written comments may be submitted to the City of Troy, PO Box 823, Troy, MT 59935. If there are any questions, please contact the City of Troy at 406-295-4151. Tracy Rebo City Clerk/Treasurer Published In The Western News June 4 & 11, 2021. MNAXLP

Public Notice Envirocon/Dick Anderson Construction Joint Venture, 5512 Montana Highway 37, intends to temporarily lease and change water 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 July 15, 2021 and end on October 13, 2021. Under the temporary change: The proposed point of diversion for water rights 76D-30023375 and 76D-304-00 is the NE1/4, SW1/4, 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 12301933 for 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 subsides. Questions, comments or concerns can be communicated to the Lessor representative Hafferman Engineering Inc. at Published In The Western News June 11, 2021. MNAXLP

RESOLUTION FOR DISPOSAL OF SURPLUS PROPERTY WHEREAS, pursuant to Section 20-6-604 of the School Laws of Montana, the Trustees of Libby School District No. 4 may sell or otherwise dispose of personal school property which has become obsolete, undesirable, or unsuitable for school purposes; NOW, THEREFORE, BE IT RESOLVED That Libby School District No. 4 declares the following list of personal property as surplus property to be disposed of; _ 1998 White Ford Eco Van (1FDRE146XWHB17474) 2001 Chevrolet Express Cutaway Yellow Bus (1GBJG31R511126773) Industrial Wheelchair Type Lift Pianos Miscellaneous Books, Furniture, & Equipment BE IT FURTHER RESOLVED, That said property may be sold by Libby School District No. 4 on an "as-is" basis, without warranty. This Resolution shall become effective fourteen (14) days after publication and posting as required by Section 20-20-204 of the School Laws of Montana. Any taxpayer may appeal this Resolution prior to June 30, 2021, by filing a verified petition with the Clerk of the District Court and serving a copy of such petition upon the School District. The petition shall set out in detail the objections of the petitioner to the adoption of the Resolution or the disposal of the property. If no appeals are filed with the District Court by that date, this Resolution will go into effect. For more information contact 406-293-8811. Published In The Western News June 11 & 16, 2021. MNAXLP

NOTICE OF PUBLIC COMMENT PERIOD Notice is hereby given that Lincoln County will open a 45-day comment period on proposed projects under Title III of the Secure Rural Schools and Community Self-Determination Act. Eligible projects under Title III include FireWise Communities program activities, reimbursement of county costs for emergency services performed on federal lands, training and equipment purchases directly related to emergency services paid for by the county and performed on federal land, and development of Community Wildfire Protection Plans (CWPPs). Lincoln County has identified several projects that meet these eligibility requirements. They include continued development of FireWise Community programs and a revision of the Lincoln County Community Wildfire Protection Plan (CWPP). These projects include landowner and public education, applying FireWise strategies to private property including implementing fuels reduction work. Other projects and funding uses are development of the Fire Adapted Kootenai webpage and other information related to FireWise programs, and reimbursement of costs incurred by county emergency services performed on federal land. All comments must be submitted in writing and received by July 26, 2021. Please mail comments to the Board of Lincoln County Commissioners, 512 California Ave, Libby, MT 59923. For further information, please contact Lincoln County Forester, Jennifer Nelson (406)283-2322 or at Published In The Western News June 11, 18 & 25, 2021. MNAXLP

NOTICE OF TRUSTEE'S SALE TO BE SOLD FOR CASH AT TRUSTEE'S SALE on October 05, 2021, at 10:00 o'clock A.M. (recognized local time) at the Main Door of the Lincoln County Courthouse, located at, 512 California Ave, Libby Montana, 59923, the following described real property, situated in Lincoln County, Montana: An irregular parcel of land in Lincoln County, Montana, lying wholly with in the NW1/4N1/4 of Section 17, Township 33 North, Range 34 West, P.M.M., and more particularly described on Irr Plat 589. (Tract 4C) Commonly known as: 90 Highway 2, Troy, MT 59935 Stateline Casino & Bar, LLC, as Grantor(s), conveyed said real property to First American Title Company, as Trustee, to secure an obligation owed to State Line House, LLC, as Beneficiary, by Deed of Trust dated November 13, 2018, and recorded November 14, 2018, as Book 374 Page 696 Document No. 276942. The Beneficial interest is currently held by State Line House, LLC. Stateline Casino & Bar, LLC has defaulted in the performance of said Deed of Trust by failing to 1) comply with Section 1 of said Deed of Trust to pay all taxes, assessments, charges, fines and impositions attributable to the Property, specifically the first half of the 2020 taxes is delinquent. 2) comply with section 2 of said Deed of Trust to keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards for which Lender requires insurance. 3) make the monthly payment of $421.93 plus an escrow fee of $8.00 for a total monthly payment of $429.93 due for the 13th day of February, 2021 and a like sum of $429.93 due for the 13th day of each and every month thereafter, which monthly installments would have been applied on the principal and interest due on said obligation, and other charges against the property or loan. As of May 19, 2021 there is due and owing on the loan an unpaid principal balance of $44,664.16, accrued interest in the amount of $945.39 plus late fees in the amount of $63.30, for a total amount due of $45,672.85. Interest accrues on the Note at the rate of 6% per annum with a per diem rate of $7.44 after May 19, 2021. Interest continues to accrue. All delinquencies are now due together with any late charges, advances to protect the security, and fees and costs associated with this foreclosure. The Beneficiary anticipates and may disperse 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 obligation 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 in cash at the time of sale. The conveyance will be made by Trustee's Deed. 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 to 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 fifteen (15) days for any reason, and in the event of a bankruptcy filing, the sale may be postponed by the Trustee for up to one-hundred twenty (120) days by public proclamation at least every thirty (30) days. DATED: May 24, 2021 By:/s/Rae Albert, Assistant Secretary for First American Title Company c/o Title Financial Specialty Services PO Box 339, Blackfoot, ID 83221 STATE OF Idaho ) SS. COUNTY OF Bingham ) On this May 24, 2021, before me, a Notary Public in and for said State, personally appeared Rae Albert, known or identified to me, to be the Assistant Secretary of First American Title Company, who is named as the Trustee in the above described Deed of Trust and executed the instrument on behalf of said Trustee, and acknowledged to me that said Trustee executed the same. /s/ Shannon Gavin Notary Public of Idaho Residing at: Blackfoot, Idaho Commission Expires: 01/19/2024 Published In The Western News June 11, 18 & 25, 2021. MNAXLP