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Legal Ads for June 15, 2016

NOTICE OF GARBAGE RATE INCREASE

AND PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on May 24, 2016, the City Council

(the “Council”) of the City of Malta, Montana (the “City”), adopted a Resolution of Intention of the City of Malta, Montana to increase the garbage rates.

The City of Malta is proposing to increase garbage rates by $84.00 a year per unit

or approximately $7.00 a month per unit.

The City currently charges $220.00 per year per unit or $18.34 per month per unit.

The proposed increased rate will be $304.00 per year per unit or $25.34 per month per unit the utility charges on the customers of Malta and outlying area

for garbage charges.

The City proposes to charge all garbage accounts the proposed $304.00 per year per unit or $25.34 per month the utility charge, eliminating the reduced, empty lot and cold storage garbage rates.

This would represent a 38% increase in the garbage rates charged per unit.

The proposed rate increase will commence July 1, 2016.

A public hearing on the proposed rate will be held on June 28, 2016, commencing at 6:10 p.m., at Malta City Hall, 39 South 2nd Street East, in Malta, Montana. Persons or their agent(s) may attend in person or send written comments to Mayor Shyla Jones, PO Box 1300, Malta, MT 59538 no later than 5 p.m. June 28, 2016.

Done by Order of the Council of the City of Malta, Montana,

this 24th day of May, 2016.

City Clerk-Treasurer

(Published by Phillips County News 6/8, 6/15, 6/22/2016)

MNAXLP

NOTICE OF LANDFILL RATE INCREASE

AND PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on May 24, 2016, the City Council

(the “Council”) of the City of Malta, Montana (the “City”), adopted a Resolution of Intention of the City of Malta, Montana to increase the landfill charges.

WHEREAS, the City of Malta (the “City”) has determined that it is necessary and advisable to increase the rates for the use of the landfill to:

City Residents

Demolition - under 1 ton $20.00/trip over the scale

Demolition – over 1 ton $40.00/trip over the scale

Non Residents

Demolition - under 1 ton $30.00/trip over the scale

Demolition – over 1 ton $50.00/trip over the scale

Tires 20” or less $5.00ea

21” or larger $7.00ea

Tractor $25.00ea

Tubes $25.00/load

Individual city residents get 4 free tires before being charged

Non Demolition – No charge

Appliance - $5.00 ea

Metal (Barbeques, Bikes, Lawn Mowers, Engine Blocks etc.…) $5.00/load

Asbestos - $140.00/load (commercial abatement)

A public hearing will be held on June 28, 2016 at 6:00 p.m. in the council chambers of city hall to receive comments from the public on the proposed rate increase. Persons or their agent(s) may attend in person or send written comments to Mayor Shyla Jones, PO Box 1300, Malta, MT 59538 no later than 5 p.m. June 28, 2016. The proposed rate increase will commence July 1, 2016.

Done by Order of the Council of the City of Malta, Montana,

this 24th day of May, 2016.

City Clerk-Treasurer

(Published by Phillips County News 6/8, 6/15, 6/22/2016)

MNAXLP

PUBLIC OPPORTUNITY TO PROTEST TRANSFER OF OWNERSHIP OF MONTANA ALL-ALCOHOLIC BEVERAGES LICENSE

North 40 Bar & Café, LLC. (Sole Member: Susan A. Olsen) has applied to transfer Montana All-Alcoholic Beverages License No. 11-999-5895-001 to be operated at North 40 Bar & Café, 117 Main Street, Whitewater, Phillips 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 (Phillips), residents of adjoining Montana counties (Blaine, Valley, Garfield, Petroleum, Fergus), 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 (11-999-5895-001) and the applicant’s name (North 40 Bar & Café, 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 July 5, 2016.

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 Whitewater. 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 leg.mt.gov/bills/mca_toc/. Questions may be directed to Dacia English, Compliance Specialist for the Department of Revenue’s Liquor Control Division,

at (406) 444-0728 or [email protected].

(Published by Phillips County News 6/15, 6/22/2016)

MNAXLP

EDWARD A. AMESTOY,

Cole, Amestoy & O’Brien, PLLP

PO Box 1280

Malta, Montana 59538

Phone: (406)654-2541

Attorneys for Personal Representative

MONTANA SEVENTEENTH JUDICIAL DISTRICT,

COUNTY OF PHILLIPS

Probate No. DP-2016-10

IN THE MATTER OF THE ESTATE

OF VIRGINIA MAE DUTY, Deceased.

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 mailed to Gina Lamb, the Personal Representative, return receipt requested, at c/o Cole & Amestoy, PO Box 1280, Malta, Montana 59538, or filed with the Clerk of the above Court.

DATED THIS 25th day of May, 2016.

/s/ Gina Lamb

Gina Lamb,

Personal Representative

(Published by Phillips County News 6/1, 6/8, 6/15/2016)

MNAXLP

NOTICE OF WATER RATE INCREASE AND PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on May 24, 2016, the City Council (the “Council”) of the City of Malta, Montana

(the “City”), adopted a Resolution of Intention of the City of Malta, Montana to Modify the Basis on Which Water Rates are Charged Thereby Increasing Rates for Users of the Municipal Water System (the “Resolution”).

The City currently anticipates issuing a water system revenue bond to pay a portion of the costs of certain improvements to the City’s municipal water system (the “System”). It is necessary for the City to increase its water rates to provide adequate funding for the continued operation and maintenance of the System, to pay debt service on the bond, and to establish appropriate reserves.

The City currently charges users of the System a monthly rate of $21.50 per unit, with each type of service assigned a particular number of units, as described in the Resolution. Under the proposed new methodology, other than the Phillips County Green Meadows Water and Sewer District (the “District”), each user connected to the System will be charged a base rate and a usage rate, based on gallons of water used over a certain threshold. Other than apartment complexes and the District, under the proposed charging methodology, service line sizes up to 2” will be equivalent to one unit (a “Unit”),

with the applicable Unit multiplier for each meter size set forth below:

Diameter Number of Connections Unit Multiplier Total Units

Up to 2” 1,060 1.00 1,060

2” 9 2.00 18

3” 1 5.00 5

4” 3 6.00 18

TOTAL 1,073 1,101

The City proposes to charge users connected to the System a monthly base rate (the “Proposed Base Rate”)

of $40.00 per Unit, as set forth below:

Diameter Cost per Unit Unit Multiplier Proposed Base Rate

Up to 2” $40.00 1.00 $40.00

2” $40.00 2.00 $80.00

3” $40.00 5.00 $200.00

4” $40.00 6.00 $240.00

The Proposed Base Rate is applicable to all users connected to the System, including those users who are connected to the System but who have turned off service or are not using any water from the System. Each user connected to the System, other than the District, will have the use, without additional charge, of 11,000 gallons of water per month from May through September (the monthly billing periods commencing April 21st and ending September 20th) and 6,000 gallons of water per month from October through April (the monthly billing periods commencing September 21st and ending April 20th), effective as of the August 2016 billing (the billing period commencing July 21st and ending August 20, 2016). For gallons used in excess of such amounts, the City proposes to charge a monthly usage rate (the “Usage Rate”) of $2.00 per 2,000 gallons of water or portion thereof used.

Apartment complexes connected to the System will be charged based on the number of apartments in the complex. Each apartment within an apartment complex will be equivalent to one Unit for purposes of the Proposed Base Rate and the Proposed Usage Rate, irrespective of the size of the service line serving the apartment complex.

For users connected to the System, other than the District, the proposed monthly charge for the use and availability of the System will be the sum of the Proposed Base Rate plus the Proposed Usage Rate (such sum, the “Proposed Monthly Charge”).

The District will be charged based on the number of residences in the District receiving water from the System. Each residence in the District will be equivalent to one Unit for purposes of the Proposed Base Rate, irrespective of the size of the service line serving the District. The District does not currently have meters for monitoring usage. The proposed monthly charge to the District will be equal to the Proposed Based Rate plus an additional fee of $5.00 per month for each residence in the District with animals such as horses or livestock on the property.

In addition, the City proposes to add a charge for those properties that are not connected to the system, but that (i) have an existing structure on the property or are able to be developed, and (ii) have a stub out located on the property by which the property could be connected to the System. It is proposed that such properties shall be charged an “Availability Charge” of $30.00 per month.

For a user connected to the System, other than apartment complexes and the District, with a meter size up to 2” that typically uses 10,000 gallons of water per month during the summer and 5,000 gallons of water per month during the winter, the Proposed Monthly Charge represents an increase of approximately 92% over the current monthly charge.

A public hearing on the proposed rate will be held on June 28, 2016, commencing at 6:20 p.m., at Malta City Hall, 39 South 2nd Street East, in Malta, Montana.

Further information about the proposed rate increase may be obtained by contacting

Lori Bond, City Clerk-Treasurer, City of Malta, P.O. Box 1300, Malta, Montana 59538 or by phone: (406) 654-1251.

Done by Order of the Council of the City of Malta, Montana, this 24th day of May, 2016.

City Clerk-Treasurer

(Published by Phillips County News 6/8, 6/15, 6/22/2016)

MNAXLP

Notice to Water Users (Pursuant to Section 85-2-307, MCA)

The following application has been submitted to appropriate water

in the State of Montana.

THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PROPOSES TO GRANT AN APPLICATION FOR BENEFICIAL WATER USE PERMIT. DESCRIBED BELOW ARE THE PERTINENT FACTS WHICH SUMMARIZE THE APPLICATION. THE PRELIMINARY DETERMINATION (PD) DOCUMENTING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ANY CONDITIONS ATTACHED TO THE WATER RIGHT ARE AVAILABLE ON THE INTERNET AT http://www.dnrc.mt.gov/wrd/.

OBJECTION DEADLINE: JULY 15, 2016. THE DEPARTMENT CAN ONLY ACCEPT OBJECTIONS FILED ON AN OBJECTION TO APPLICATION, FORM 611. MAIL THE COMPLETED FORM AND THE $25.00 FILING FEE TO THE DNRC, PO BOX 201601, HELENA, MT 59620-1601 BY THE DEADLINE SPECIFIED. THE FORM IS AVAILABLE ON THE DEPARTMENT'S WEBSITE.

DIRECT ANY QUESTIONS PERTAINING TO THE APPLICATION, TO OBTAIN THE PD OR OBJECTION FORM TO THE WATER RESOURCES OFFICE AT 222 SIXTH STREET SOUTH, PO BOX 1269, GLASGOW, MT 59230-1269, PHONE: 406-228-2561, FAX: 406-228-8706.

IF ISSUED, THE RIGHT WILL BE SUBJECT TO PRIOR EXISTING

WATER RIGHTS.

Application Number: 40EJ 30103397

Owners: THORNHILL RANCH PARTNERSHIP

2210 POWER PLANT RD

ZORTMAN, MT 59546

Priority Date: AUGUST 11, 2015 at 03:30 P.M.

Purpose (use): STOCK

Maximum Flow Rate: 20.00 GPM

Maximum Volume: 16.10 AC-FT

Source Name: SIPARYANN CREEK

Source Type: SURFACE WATER

Point of Diversion and Means of Diversion:

ID 1; Qtr Sec SWNWSW; Sec 21; Twp 24N; Rge 24E; County PHILLIPS

Period of Diversion: OCTOBER 1 TO MARCH 31

Diversion Means: PUMP

Purpose (Use): STOCK

Volume: 16.10 AC-FT

Period of Use: OCTOBER 1 to MARCH 31

Place of Use: County PHILLIPS

ID 1; Qtr Sec SWNWSW; Sec 8; Twp 24N; Rge 24E

ID 2; Qtr Sec SENWSW; Sec 8; Twp 24N; Rge 24E

ID 3; Qtr Sec SESENW; Sec 17; Twp 24N; Rge 24E

ID 4; Qtr Sec SENENW; Sec 17; Twp 24N; Rge 24E

ID 5; Qtr Sec NENENW; Sec 17; Twp 24N; Rge 24E

ID 6; Qtr Sec NENWNW; Sec 17; Twp 24N; Rge 24E

ID 7; Qtr Sec NENWNE; Sec 20; Twp 24N; Rge 24E

(Published by Phillips County News 6/15/2016)

MNAXLP

HVAC MAINTENANCE AGREEMENT-CALL FOR BIDS

Turner Public School district #43 is accepting bids for HVAC Maintenance Agreement. General maintenance includes replacing filters, inspecting and replacing belts, greasing and lubricating, cleaning, and ensuring proper operation. Contractors will be required to follow manufacturer’s Operations and Maintenance procedures. Copy of O&M manuals will be provided to the contractor prior to the first maintenance visit. Maintenance visits are to be scheduled with the school no less than one week in advance. Maintenance check sheets will be required and payments to contractor will not be released until maintenance check sheets are received. Prices quoted shall remain fixed for the duration of one year from date of acceptance. Interested bidders should request further documents by contacting Cindy Cowan at [email protected] or by phone at (406)379-2205 or by mail at

PO Box 40, Turner, MT 59542.

Bids will be accepted until 2:00 p.m. June 30th, 2016.

(Published by Phillips County News 6/15, 6/22, 6/29/2016)

MNAXLP

 

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