Legal Ads for October 5, 2016

INVITATION TO BID

NOTICE TO CONTRACTORS: Sealed bids will be received by the City of Malta, Attention: Mayor Shyla Jones, P.O. Box 1300, Malta, Montana 59538 or hand delivered to the Mayor’s office in City Hall by Thursday, October 20, 2016 at 1:00 p.m. local time for the Soil Cleanup Project at the Former Malta Airport currently listed on the Montana Comprehensive Environmental Cleanup and Responsibility Act (CECRA) Facility in Malta, Phillips County, Montana. All received bids will be publicly opened and read aloud at City Hall on Thursday, October 20, 2016 at 1:00 p.m. local time.

PROJECT WORK: The project consists of removing, hauling, and replacing contaminated soil from the Facility. The Facility is currently listed on the CECRA Priority List as a medium-priority site due to past uses of the property which resulted in localized soil contamination. The contaminants at the Facility include pesticides and herbicides that were released to the ground surface near airplane hangars formerly used for aerial spraying operations. The Facility is located on the southwest side of the City of Malta, consisting of 13.3 publicly and privately held acres southwest of the Dodson South Canal. The Facility consists of Lots 15, 16, 17, 18, 19, 20, 26, 27, 28, 29, 30, and 42 of the Malta Business and Industry Development District (MBIDD) and a portion of an adjacent private property (to the north). All but Lot 28 are owned by the City.

STATE STATUTE COMPLIANCE: Contractor and any of the Contractor’s Subcontractors bidding or doing work on this project will be required to be registered 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, Montana 59604-8011. Information on registration can be obtained by calling 1-406-444-7734. All laborers and mechanics employed by Contractor or Subcontractors in performance of the construction work shall be paid wages at rates as may be required by the laws of Phillips County and the State of Montana. The Contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin.

ADA/EEO: Alternative accessible formats of this notice are available upon request. Request accommodation or additional information from the Engineer (Mr. Jon Pederson, NewFields, 1120 Cedar Street, Missoula, Montana 59802, email contact at [email protected]).

BID SECURITY: Each bid shall be accompanied by Bid Security in the amount of not less than TEN PERCENT (10%) of the total amount of the bid.

PERFORMANCE BOND: Successful bidders shall, upon signature of the contract, furnish an approved Performance Bond in the amount of ONE HUNDRED PERCENT (100%) of the contract. Insurance, as required, shall be provided by the successful bidder and a certificate of that insurance shall be provided.

DRAWINGS & SPECIFICATIONS: Drawings, Project Manual, and Specifications may be examined via the major Montana Plan Exchanges (montanabid.com). Printed versions of these materials are also available upon written request from NewFields. A non-refundable fee of $50 is required for each printed Project Manual.

PRE-BID WALK-THRU: There will not be an on-site pre-bid walk-thru meeting; special requests to access the facility and view work areas should be coordinated with the City and Engineer.

(Published by Phillips County News 10/5, 10/12/2016)

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DAN O’BRIEN,

Cole, Amestoy & O'Brien, PLLP

P.O. Box 1280

113 South 2nd Street West

Malta, Montana 59538

Phone: (406) 654-2541

Attorneys for Personal Representative

MONTANA SEVENTEENTH JUDICIAL DISTRICT COURT, COUNTY OF PHILLIPS

Probate No. DP- 2016-14

IN THE MATTER OF THE ESTATE

OF BOYD EVERETT EBAUGH,

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, return receipt requested, to: Cheryl J. Spitzer, Personal Representative, c/o Cole, Amestoy & O'Brien, P.O. Box 1280, 113 South 2nd Street West, Malta, Montana 59538, or filed with the Clerk of the above Court.

DATED this 31st day of August, 2016.

/s/ Cheryl J. Spitzer

Cheryl J. Spitzer, Personal Representative

(Published by Phillips County News 9/28, 10/5, 10/12/2016)

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Malta High School will soon destroy special education/speech-language therapy records of former students who have been out of school for at least five years. Former students may contact Sue Gilkerson at 406-654-2002 or their local school district within sixty days of this notice if they wish to review the files or obtain copies of the information contained in them. The information to be destroyed shall not include data collected on a routine basis that is maintained on all school children (such as the student’s name, address, telephone number, grade level completed and year completed.)

The data to be destroyed shall include information collected for identification, location, evaluation, and other items directly related to special education services which the student had received. Parents of students still in school but not in special education for at least five (5) years may also request that their children’s records be destroyed. Parents of these students also have the right to inspect the special education records and obtain copies of the information contained in those records before they are destroyed. Persons having questions about this process or those persons wishing to request that records be destroyed may contact Sue Gilkerson at (406) 654-2002 for assistance

(Published by Phillips County News 9/28, 10/5, 10/12, 10/19/2016)

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NOTICE OF CLOSE OF REGULAR VOTER REGISTRATION

AND OPTION FOR LATE REGISTRATION

Notice is hereby given that regular* registration for the Federal General Election to be held on November 8, 2016, will close at 5:00 p.m., on October 11, 2016.

*NOTE: If you miss this regular registration deadline, you may still register for the election by showing up at the county election office up to and including on Election Day. Between noon and the close of business on the day before Election Day, you can complete and submit a voter registration card, but you will need to return to the local election office on Election Day to pick up and vote a ballot.

All active and inactive**electors of Phillips are entitled to vote at said election.

**Inactive electors may reactivate by appearing at the polling place in order to vote, by requesting an absentee ballot in any election, or by notifying the County Election Administrator in writing of the elector's current address in the county.

Persons who wish to register and who are not presently registered may do so by requesting a form for registration by mail or by appearing at the county election office located in the Phillips County Courthouse, 214 South Second Avenue West, Malta. If you have moved, please update your registration information by filling out a new voter registration card and submitting it to the county election office.

DATED this 28th day of September, 2016

Marian S Ereaux, Phillips County Election Administrator

(Published by Phillips County News 10/5, 10/12, 10/19/2016)

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The following is the complete text of an amendment to the Montana Constitution that will be submitted to the voters of the state of Montana at the November 8, 2016 General Election. The text of the amendment below is being published under the authority of Section 13-27-311, Montana Code Annotated. To review the ballot language of the constitutional amendment, please refer to the Voter Information Pamphlet or the Secretary of State Office website at sos.mt.gov/elections.

Questions can be emailed to [email protected], or you may contact us by phone at the toll free number 1-888-884-8683 (VOTE).

THE COMPLETE TEXT OF CONSTITUTIONAL INITIATIVE NO. 116 (CI-116)

WHEREAS, the People of the State of Montana find that a crime victim in Montana is entitled to enhanced, specific, and meaningful rights to participate in criminal and youth court proceedings and enact the following new section of Article II of The Constitution of the State of Montana. The section is named for a noted victim of crime, Marsy, in whose name many states have enacted comparable reforms.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF MONTANA:

NEW SECTION. Section 1. Article II of The Constitution of the State of Montana is amended by adding a new section 36 that reads:

Section 36. Rights of crime victims. (1) To preserve and protect a crime victim's right to justice, to ensure a crime victim has a meaningful role in criminal and juvenile justice systems, and to ensure that a crime victim’s rights and interests are respected and protected by law in a manner no less vigorous than the protections afforded to a criminal defendant and a delinquent youth, a crime victim has the following rights, beginning at the time of victimization:

(a) to due process and to be treated with fairness and respect for the victim's dignity;

(b) to be free from intimidation, harassment, and abuse;

(c) to be reasonably protected from the accused and any person acting on the accused's behalf;

(d) to have the victim's safety and welfare considered when setting bail and making release decisions;

(e) to prevent the disclosure of information that could be used to locate or harass the victim or that contains confidential or privileged information about the victim;

(f) to privacy, including the right to refuse an interview, deposition, or other discovery request and to set reasonable conditions on the conduct of any interaction to which the victim consents;

(g) to receive reasonable, accurate, and timely notice of and to be present at all proceedings involving the criminal conduct, plea, sentencing, adjudication, disposition, release, or escape of the defendant or youth accused of delinquency and any proceeding implicating the rights of the victim;

(h) to be promptly notified of any release or escape of the accused;

(i) to be heard in any proceeding involving the release, plea, sentencing, disposition, adjudication, or parole of the defendant or youth accused of delinquency and any proceeding implicating the rights of the victim;

(j) to confer with the prosecuting attorney;

(k) to provide information regarding the impact the offender's conduct had on the victim for inclusion in the presentence or predisposition investigation report and to have the information considered in any sentencing or disposition recommendations submitted to the court;

(l) to receive a copy of any presentence report and any other report or record relevant to the exercise of a right of the victim, except for those portions made confidential by law;

(m) to the prompt return of the victim's property when no longer needed as evidence in the case;

(n) to full and timely restitution. All money and property collected from a person who has been ordered to make restitution must be applied first to the restitution owed to the victim before paying any amounts owed to the government.

(o) to proceedings free from unreasonable delay and to a prompt and final conclusion of the case and any related postjudgment proceedings;

(p) to be informed of the conviction, sentence, adjudication, place and time of incarceration, or other disposition of the offender, including any scheduled release date,

actual release date, or escape;

(q) to be informed of clemency and expungement procedures; to provide information to the Governor, the court, any clemency board, or any other authority and to have that information considered before a decision is made; and to be notified of any decision before the release of the offender; and

(r) to be informed of the above rights and to be informed that the victim may seek the advice and assistance of an attorney with respect to the above rights. This information must be made available to the general public and provided to all crime victims on what is referred to as a Marsy's card.

(2) A victim, the victim's attorney, the victim's legal representative, or the prosecuting attorney at the request of the victim may assert and seek enforcement of the rights enumerated in this section and any other right afforded to the victim by law in any trial or appellate court or any other authority with jurisdiction over the case as a matter of right. The court or other authority shall act promptly on the request, affording a remedy by due course of law for the violation of any right. The reasons for any decision regarding disposition of a victim's right must be clearly stated on the record.

(3) This section may not be construed to deny or disparage other rights possessed by victims. This section applies to criminal and youth court proceedings, is self-executing, and requires no further action by the Legislature.

(4) As used in this section, the following definitions apply:

(a) "Crime" means an act defined as a felony, misdemeanor, or delinquency under state law.

(b) "Victim" means a person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime.

(i) The term includes:

(A) a spouse, parent, grandparent, child, sibling, grandchild, or guardian of the victim;

(B) a person with a relationship to the victim that is substantially similar to a relationship described in subsection (4)(b)(i)(A); and

(C) a representative of a victim who is a minor or who is deceased, incompetent or incapacitated.

(ii) The term does not include the accused or a person who the court believes would not act in the best interests of a minor or of a victim who is deceased, incompetent or incapacitated.

(Published by Phillips County News 9/28, 10/5, 10/19, 10/26/2016)

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