Legals for February, 11 2024

NO. 30016 NOTICE OF CLASS ACTION Beck, et al. v. City of Whitefish Case No. CV 22-44-M-KLD United States District Court for the District of Montana THIS IS A NOTICE OF CLASS ACTION LITIGATION THAT MAY AFFECT YOUR RIGHTS IF YOU BORE THE COST OF WATER AND/OR WASTEWATER IMPACT FEES PAID TO THE CITY OF WHITEFISH TO DEVELOP PROPERTY YOU OWNED UNDER ITS EFFECTIVE RATES FROM JANUARY 1, 2019, TO DECEMBER 31, 2023. The United States District Court for the District of Montana in the Missoula Division (the “Court”) authorized this notice but has not yet decided on the merits of the claims made in the above-referenced litigation. • In Montana, impact fees are charges “imposed upon development by a governmental entity as part of the development approval process to fund the additional service capacity required by the development.” Montana Code Annotated Section 7-6-1601(5). • The City of Whitefish (the “City”) charges impact fees for development within Whitefish city limits, including new construction, remodels, and renovations. The City conditions its issuance of building permits on payment of these fees, if applicable. • In 2022, several persons and entities (the “Plaintiffs”) who had paid impact fees to the City to develop their properties filed this lawsuit claiming that, since 2019, the City has charged excessive water and wastewater impact fees in violation of the United States Constitution and Montana law.  • On September 29, 2023, the Court entered an order allowing the lawsuit to proceed as a class action. • A class action is a case in which one or more persons sue on behalf of other people who have substantially similar claims. Those people together are a “Class” and anyone within the Class is a “Class Member.” • The Court has defined the Class in this lawsuit as:  All persons or entities who bore the cost of impact fees for water and wastewater services to the City of Whitefish from January 1, 2019, to the present. • The Court has appointed the Plaintiffs’ lawyers in this lawsuit as Class counsel to represent the interests of the entire Class. • Class Action Notice letters are being sent out to potential Class Members who owned property for which water and/or wastewater impact fees were paid between January 1, 2019, to December 31, 2023, and whose last known mailing address could be obtained. If you believe you or your company is a potential class member and you did not receive a mailed or emailed notice letter, please contact the Class counsel whose information is provided at the end of this notice. OPTIONS AND LEGAL RIGHTS OF POTENTIAL CLASS MEMBERS: 1. If you so request, by completing and submitting a “CLASS OPT OUT FORM” on or before March 18, 2024, the Court will exclude you from the Class, and therefore from this litigation. 2. If you do not opt out of the Class, you will remain a potential Class Member. The final judgment, whether favorable to the Class Members or against them, will be binding on all Class Members who do not opt out of the Class by requesting exclusion. 3. As a potential Class Member, more information may be required of you to determine your eligibility to receive refunds for any impact fee amounts ultimately deemed unlawful by the Court. Please complete and submit a “CLAIM INFORMATION FORM” to receive updates on the lawsuit and ensure you can be easily contacted if more information is needed from you. 4. Any Class Member who does not opt out of the Class will be bound by any judgment rendered by the Court, whether favorable to the Class or the City. Class members may still choose to acquire their own lawyer to represent their interests in this lawsuit. ***Forms can be found and completed online at http://montanaimpactfeeclassaction.com CLASS COUNSEL CONTACT INFORMATION Email info@montanaimpactfeeclassaction.com Laird Cowley, PLLC Phone: (406) 541-7400 Mailing Address: P.O. Box 4066 Missoula, MT 59806 Attorneys: Cory Laird Lindsay Mullineaux Riley Wavra Kovacich Snipes Johnson, PC Phone: (406) 500-5000 Mailing Address: P.O. Box 2325 Great Falls, MT 59403 Attorneys: Mark Kovacich Caelan Brady A class action website with more information on the lawsuit and important case filings is also being maintained at http://montanaimpactfeeclassaction.com. Jan. 21, 28 and Feb. 4, 11, 18, 25 and March 3, 10, 2024 MNAXLP __________________________

NO. 30044 INVITATION TO BID The City of Kalispell, Montana will receive sealed bids for M-4500 Concrete with a ¾” maximum aggregate from local batch plants delivered to various sites within the City of Kalispell. The purchase includes furnishing all materials, equipment, and labor and tools to provide and deliver M-4500 Concrete to different project sites. The City completes in house concrete repairs and new concrete installations each year of curbs, sidewalks, and gutters. City equipment and labor forces are used to complete these maintenance projects and tasks. All vendors interested in the scope of work are required to submit written unit prices for M-4500 Concrete with maximum aggregate size of ¾” meeting the requirements of MPWSS section 03310 based on quantity delivered. All costs of materials, mixing, delivering, and dispensing product. Please provide hours and dates of operation for concrete delivery. The City will select a vendor based upon all factors stated in the offer. The City reserves the right to reject any and all responses, to waive minor irregularities or technicalities, and to re-advertise for all or any part of this solicitation as deemed in its best interest. All written bids must be received prior to 2:45 PM Wednesday, February 21, 2024. Written quotes should be delivered to City of Kalispell Public Works, Attn. Gene Corne, City Road and Fleet Superintendent. Physical Address: City Hall, 201 First Avenue East, Kalispell, MT 59901; Mailing Address: City Hall, PO Box 1997, Kalispell, MT 59903. Direct questions to Gene Corne, Kalispell Public Works at 406-758-7723.  Jan. 28 and Feb. 11, 2024 MNAXLP __________________________

NO. 30045 INVITATION TO BID The City of Kalispell, Montana will receive sealed bids for ¾” Minus Crush Gravel, and 3/8” Seal Coat Aggregate from Kalispell area gravel pits. The purchase includes furnishing all materials, equipment, and labor and tools to provide loaded aggregate materials meeting the City of Kalispell specifications. Each year the City of Kalispell completes utility and roadway maintenance projects requiring ¾” crush gravel for bedding, backfill and roadway base. The City uses 3/8” Seal Coat Aggregate in its winter roadway sanding operations. City equipment and labor forces are used to complete these maintenance projects and tasks. All vendors interested in the scope of work are required to submit written unit prices for ¾” minus crush gravel meeting the requirements of MPWSS section 02235, 3/8” Seal Coat Aggregate meeting the requirements of MPWSS Section 02504, hours and dates of operation, and location of available aggregate source. City costs for travel time and fuel will be considered in the evaluation of the bids received. The City will select a vendor based upon all factors stated in the offer. The City reserves the right to reject any and all responses, to waive minor irregularities or technicalities, and to re-advertise for all or any part of this solicitation as deemed in its best interest. All written bids must be received prior to 2:40 PM Wednesday, February 21, 2024. Written quotes should be delivered to City of Kalispell Public Works, Attn. Gene Corne, City Road and Fleet Superintendent. Physical Address: City Hall, 201 First Avenue East, Kalispell, MT 59901; Mailing Address: City Hall, PO Box 1997, Kalispell, MT 59903. Direct questions to Gene Corne at 406-758-7723. Authorized by order of the City Council of the City of Kalispell, Montana, in a regular meeting held on August 21, 2023. Jan. 28 and Feb. 11, 2024 MNAXLP __________________________

NO. 30046 INVITATION TO BID The City of Kalispell, Montana will receive sealed bids for the 2024 Asphalt Material project. The project primarily consists of furnishing materials, labor, and equipment required to supply the City of Kalispell with plant mix asphalt materials for scheduled street maintenance and improvement projects. Projects range from small utility patches, requiring less than two tons of asphalt hot mix, to mill and overlay projects requiring several hundred tons. Bid also includes item for disposal of asphalt. City costs for travel time and fuel will be considered in the evaluation of the bids received. Plans and specifications may be examined beginning Monday, January 29, 2024, through QuestCDN. More information on bid requirements and the portal to QuestCDN is located on the City of Kalispell website at https://kalispell.com/bids.aspx. A Pre-Bid Meeting will not be held. Bids will be received by QuestCDN until Wednesday, February 21, 2024 at 2:30 PM. All bids will be publicly opened and read aloud in the City Hall First Floor Conference Room, 201 First Avenue East, Kalispell, Montana 59901. Jan. 28 and Feb. 11, 2024 MNAXLP __________________________

NO. 30047 INVITATION TO BID The City of Kalispell, Montana will receive sealed bids for the 2024 Milling and Paving Project. The project includes furnishing materials, labor, and equipment required to mill city streets, taper mill city streets, reconstruct city streets, or mill and overlay city streets. Projects are located throughout the incorporated limits of the City of Kalispell and work is completed on an as needed basis with the issuance of work orders. The Contractor will begin work within 20 days of issuance of a work order and will invoice the City for completed work. Once work begins on any individual work order, work shall continue on-site until the work is complete, unless otherwise approved. The contractor shall reach final completion of all work orders no later than October 31, 2024. Plans and specifications may also be examined beginning Monday January 29th, 2024 through QuestCDN. More information on bid requirements is located on the City of Kalispell website at https://kalispell.com/bids.aspx. A Pre-Bid Meeting will be held in the City Hall First Floor Conference Room, 201 First Avenue East, Kalispell, Montana 59901 at 2:30 PM on Wednesday February 14th, 2024. Interested Bidders are encouraged to attend the Pre-Bid Meeting. Bids will be received by QuestCDN until 2:35 PM on February 21st, 2024. Jan. 28 and Feb. 11, 2024 MNAXLP __________________________

NO. 30048 INVITATION TO BID The City of Kalispell, Montana will receive sealed bids for Materials Testing 2024. The project primarily consists of furnishing labor, time, equipment and travel necessary to test for Asphalt Density, Asphalt Cores, Crushed Base Compaction, Soil Compaction, and Concrete Strength and Structure. The Asphalt Density and Base Density testing will be performed on overlay, reconstruction, and new construction projects completed by City Personnel. The concrete testing will be for valley gutters, sidewalks, foundations, and new curb installations. The testing service will be performed between the months of March and December 2024. Written bids must be received by 2:50 PM Wednesday, February 21, 2024. Further instructions for bid requirements can be found at https://www.kalispell.com/bids.aspx. Jan. 28 and Feb. 11, 2024 MNAXLP __________________________

NO. 30052 DAVID F. STUFFT Attorney at Law P.O. Box 2957 Kalispell, MT 59901 Phone: (406) 471-4819 david@stufftlaw.com Attorney for Robert L. Parker Jr.  Personal Representative of the Estate MONTANA ELEVENTH JUDICIAL DISTRICT COURT FLATHEAD COUNTY IN THE MATTER OF THE ESTATE OF CONNIE MARIE PARKER,   DECEASED. Cause No. DP-2024-016 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned. Robert L. Parker, Jr., 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 either be mailed to Robert L. Parker, Jr., the Personal Representative, return receipt requested c/o David F. Stufft, Attorney at Law, P.O. Box 2957, Kalispell, Montana 59901, or filed with the Clerk of the above Court. DATED this 24th day of January 2024. /s/Robert L. Parker, Jr. Robert L. Parker, Jr. Jan. 28 and Feb. 4, 11, 2024 MNAXLP __________________________

NO. 30057 Lost or Stolen Bicycles If you have had a bicycle lost or stolen between the period of July 2023 and January 2024, the Kalispell Police Department may have it in their possession. KPD intends to donate all found and/or abandoned bicycles on February 12, 2024, if not claimed prior, in accordance with City Resolution 4841. Please call 758-7772 with a description of your lost or stolen bike to claim. Jan. 31 and Feb. 1, 2, 4, 5, 6, 7, 8, 9, 11, 2024 MNAXLP __________________________

NO. 30067 CITY OF KALISPELL, MONTANA NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN that the City Council (the “Council”) of the City of Kalispell, Montana (the “City”) will hold public hearings to receive public testimony on February 5, 2024, and February 20, 2024, at 7:00 p.m., regarding Eligible Projects to be partially funded by the State-Local Infrastructure Partnership Act of 2023 (SLIPA) and the City Of Kalispell in order to maintain or repair existing government facilities. Any person wishing to give testimony may appear at these hearings in person or online via the link at the bottom of the council agenda and make oral statements or present same in writing. Information can be viewed on the City’s website at www.kalispell.com/679/Council-Public-Hearings or in the office of the City Clerk at 201 First Avenue East, Kalispell. Written comments may also be submitted for council consideration by delivering the same to the City Clerk at 201 First Avenue East, Kalispell, MT 59901, or by email to publiccomment@kalispell.com prior to the hearing. For additional information please contact the City Clerk at (406) 758-7756. Dated this 31st day of January 2024. Feb. 4, 11, 2024 MNAXLP __________________________

NO. 30070 NOTICE OF RECEIPT OF LETTERS OF INTENT FOR APPLICATION FOR CERTIFICATE OF NEED During the month of February 2024, the Montana Department of Public Health and Human Services received the following Letter of Intent to apply for Certificate of Need: 1. Cottonwood Healthcare, American Fork, UT, to establish long-term care services in Bigfork, Flathead County. Estimated amount of capital expenses over $2M are reported. REVIEWABLE Any person who wishes to apply for a Certificate of Need in competition with any of the above-listed reviewable applicants must submit a Letter of Intent that meets the requirements of state law and rules, and requests comparative review, early enough so that the Department receives it no later than 5:00 p.m. on March 12, 2024.  INFORMATIONAL HEARING: Any affected person (an applicant for a certificate of need, a health care facility located in the geographic area affected by the application, an agency that establishes rates for health care facilities, or a third-party payer who reimburses health care facilities in the area affected by the proposal) may request an informational hearing on any of the reviewable proposals listed above by writing to Michelle Truax, Inspector General, Licensure Bureau, Office of Inspector General, 2401 Colonial Drive, 2nd Floor, P.O. Box 202953, Helena, Montana 59620-2953. DATED this 11th day of February 2024. /s/ Michelle Truax Michelle Truax Inspector General Office of Inspector General Feb. 11, 2024 MNAXLP __________________________

NO. 30077 PUBLIC NOTICE INVITATION TO BID Polson School District #23 Cherry Valley and Linderman Elementary Schools Remodel & Addition Project Swank Enterprises on behalf of Polson School District #23, Lake County, Polson, Montana is requesting Bids for the Cherry Valley and Linderman Remodel & Addition Bid Package Two. This project will take place through the Fall of 2024 and consists of building finishes, mechanical, plumbing, electrical, and site improvements for 28,000 sf of additions, and remodeling of the existing buildings. The building shells for both additions are currently under construction and will be dried in April 2024.  Bid Package TWO – Building Finishes, Mechanical, Plumbing, Electrical, Site Improvements,  The Contract Documents consisting of Drawings and the Project Specification Manual will be available February 12, 2024. Documents may be viewed or obtained on-line at the Montana Plans Exchange or at the office of Swank Enterprises, 750 West Reserve Drive, Kalispell, MT. It is the bidder’s responsibility to acquire and acknowledge all addenda issued during the bid process.   Bids will be accepted by: 1. Email to leaann@swankenterprises.com 2. Delivered to Lea Ann Noffsinger, Swank Enterprises, 750 W. Reserve Dr. Kalispell, MT 59901. Bids are due before 3:00 PM (local time), Thursday, February 29, 2024. Bids must be plainly marked, “Cherry Valley and Linderman Remodel & Addition Bid Package Two” All Bids must be submitted on the Bid Form found in the Specifications, complete per the Bid Package descriptions and signed by an officer or a person duly authorized to sign Bids. All Bids shall be valid for a period of 45 days after the bid date. Late Bids will not be opened. Access to the existing buildings prior to bidding will be made available upon request. All bids shall include the cost of the following: 1. 1% Montana Gross Receipts Construction Tax 2. Current Montana State Prevailing Wages 3. Permits specific to the bid scope of work   Each Contractor will be required to have a certificate of registration from the Employment Relations Division of the Montana Department of Labor and Industry in the proper classification. Polson School District reserves the right to reject any or all Bids, to waive formalities and to accept the Bid(s) deemed most advantageous to them. All bids will be post-qualified by Swank Enterprises.  Please contact Swank Enterprises with questions.   Grant Kerley Swank Enterprises 750 West Reserve Drive Kalispell, MT 59901 grant@swankenterprises.com Feb. 11, 18, 25, 2024 MNAXLP __________________________

NO. 30078 NOTICE OF PUBLIC HEARING The Board of Commissioners of Flathead County, Montana, hereby gives notice, pursuant to the Flathead County Lake and Lakeshore Protection Regulations Section 5.1(B)(2)(f) that it will hold a public hearing to consider a request by the Montana Department of Fish, Wildlife & Parks, with assistance from Freshwater Map and Dr. Mark Lorang, for a Major Lakeshore Variance to the fill standards of Flathead County Lake and Lakeshore Protection Regulations (FCLR), specifically Sections 4.3(F)(2)(h)(2), 4.3(F)(2)(h)(5), and 4.3(F)(2)(h)(6). The project proposes the placement of 1,812 cubic yards of fill lakeward of the mean annual high-water mark in order to enhance the usable beach area. The subject property is located in Somers, Montana and can be legally described as:   Tract 1A in Lots 3, 4 & 5 and Tract 4AA in Lots 4 & 5 in Section 25, Township 27 North, Range 21 West, P.M.M., Flathead County, Montana. The Flathead County Lake and Lakeshore Protection Regulations are contained on file for public inspection at the Flathead County Planning and Zoning Office, 40 11th Street West, Kalispell, Montana, and on the Flathead County Planning and Zoning Office’s website, at: http://flathead.mt.gov/planning_zoning/downloads.php. Documents related to the proposed Major Variance are also on for file for public inspection at the Of¬fice of the Board of Commissioners and at the Flathead County Planning and Zoning Office. The public hearing will be held on the 5th day of March, 2024, at 10 o’clock -a.m. in the Commis¬sioner’s Chambers, Third Floor, Old Courthouse, Kalispell, Mon-tana. At the public hearing, the Board of Commissioners will give the public an opportunity to be heard regarding the proposed major variance request. Written comments are encouraged and will be reviewed by the Commissioners prior to the hearing if received by the Flathead County Commissioners’ Office at least three business days prior to the hearing. DATED this 6th day of February, 2024. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/Randy L. Brodehl  Randy L. Brodehl, Chairman Feb. 11, 2024 MNAXLP __________________________

NO. 30079 CITY OF COLUMBIA FALLS NOTICE OF PUBLIC HEARING   AMEND TITLE 13 – WATER/SEWER UTILITY ACCOUNT PROVISIONS On Tuesday, February 20, 2024, during the 7:00 p.m. Regular City Council meeting, the City Council of the City of Columbia Falls, shall conduct a public hearing for the purpose of reviewing and revising the water/sewer customer provisions, specifically Chapter 13.04.020 Definitions, 13.04.050 Service-Application, and 13.04.090 Deposits – Generally, and 13.08.060 Service Deposits, all of which are related to allowing customer accounts to be transferred out of the owner’s name and established in the name of a renter.  The City Council is proposing revising these provisions to require the water/sewer utility account to remain in the name of the owner and not be transferred to a renter thereby eliminating excessive paperwork, deposits, multiple meter reads and duplicative billing and notices.  The proposed changes are available for review at the office of the City Clerk, City of Columbia Falls 130 6th Street West, Columbia Falls, MT. Persons may contact the City Clerk or City Manager at 406-892-4391 or 130 6th Street West, Columbia Falls, MT for more information about the hearing. Written comments can be submitted to the City Clerk at 130 6th Street West, Columbia Falls, MT 59912, email: staalandb@cityofcolumbiafalls or delivered in person to the City Council during the hearing on February 20, 2024. Dated this 5th day of February 2024. Barb Staaland City Clerk Feb. 11, 18, 2024 MNAXLP __________________________

NO. 30081 NOTICE FOR PUBLIC COMMENT REQUEST FOR FLOODPLAIN DEVELOPMENT PERMIT The Flathead County Floodplain Administrator has received the following Floodplain Development Permit applications: FDP-24-03 A request by Water and Environmental Technologies, on behalf of Michael Holwick with Devil Dog Investments, LLC, for the replacement of a failing seawall within the 100-year floodplain of the Flathead River. The subject property is located at 350 River Street in Bigfork, and the correct legal description of the property is Tract RIR-4 in Section 36, Township 27 North, Range 20 West, P.M.M., Flathead County, Montana. It should be noted that this project is currently midway through the completion process from an identical approved floodplain permit from 2021. One extension was granted, which is the maximum, and the 2021 permit expired on December 29, 2023. This file is a request to complete the project as originally approved. The complete application may be viewed at our office. Written or oral comments concerning the above requests should be directed to the Floodplain Administrator at the Flathead County Planning & Zoning Office, South Campus Building, 40 11TH Street West, Suite 220, Kalispell, Montana 59901, (406) 751-8200. Comments should be received by 5:00 PM on Thursday, February 29, 2024. /s/Erik K. Mack Erik K. Mack, AICP Planning Director Flathead County Planning & Zoning Feb. 11, 2024 MNAXLP __________________________

NO. 30084 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 cmhash@hashlaw.com   MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY In The Matter of The Estate of: Diane Marie Wiggin, Deceased. Cause No. DP-24-24C 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 Robert G. Torgerson, the 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 this 7th day of February 2024. /s/ Robert G. Torgerson Personal Representative Hash, O’Brien, Biby & Murray, PLLP  By /s/ C Mark Hash   Attorneys for the personal representative Feb. 11, 18, 25, 2024 MNAXLP __________________________

NO. 30085 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 cmhash@hashlaw.com   MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY In The Matter of The Estate of: Lydia Ann Eastburn, Deceased. Cause No. DP-24-13A 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 Cecelia M. Eastburn, the 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 this 7th day of February 2024.             Cecelia M. Eastburn   Personal Representative Hash, O’Brien, Biby & Murray, PLLP  By C Mark Hash             Attorneys for the personal representative Feb. 11, 18, 25, 2024 MNAXLP __________________________