Legals for August, 21 2024
NO. 2769 FORM OF NOTICE OF HIGH SCHOOL BOND ELECTION NOTICE IS HEREBY GIVEN by the Board of Trustees (the “Board”) of High School District No. 44 (Whitefish), Flathead County, Montana (the “District”), that pursuant to a resolution duly adopted at a meeting of the Board on April 9, 2024, an election of the registered voters of the District will be held by mail ballot election on September 17, 2024 for the purpose of voting on two ballot questions. BALLOT QUESTION NO. 1 Shall the Board of the District be authorized to sell and issue general obligation bonds of the District in one or more series in the aggregate principal amount of up to Twenty-Six Million Five Hundred Thousand and No/100 Dollars ($26,500,000), bearing interest at rates to be determined at the time of sale, payable semiannually, during a term for each series of bonds of not more than twenty (20) years, for the purpose of paying the costs of designing, constructing, equipping, and furnishing improvements to the existing Whitefish High School building, to include: constructing additional classrooms, shops, and laboratories; expanding the kitchen space, multipurpose space, Independent High School, and facilities to enhance higher education and career and technology education opportunities; related improvements and costs; and paying costs associated with the sale and issuance of the bonds (the “High School Building Question”)? If the High School Building Question passes, based on the taxable value of the school district, it is estimated that the property taxes on a home with an assessed market value for tax purposes of $100,000 would increase by $14.27 in the first year, of $300,000 would increase by $42.82 in the first year, and of $600,000 would increase by $85.64 in the first year. An increase in property taxes may lead to an increase in rental costs. BALLOT QUESTION NO. 2 Shall the Board of the District be authorized to sell and issue general obligation bonds of the District in one or more series in the aggregate principal amount of up to Six Million One Hundred Thousand and No/100 Dollars ($6,100,000), bearing interest at rates to be determined at the time of sale, payable semiannually, during a term for each series of bonds of not more than twenty (20) years, for the purpose of paying the costs of designing, constructing, equipping, and furnishing improvements to the existing athletic fields, to include a new track, a new football field and adding grass practice fields; constructing grandstands and ticketing, concessions, and restroom facilities; improving parking; related improvements and costs; and paying costs associated with the sale and issuance of the bonds (the “Athletic Fields Question”)? If the Athletic Fields Question passes, based on the taxable value of the school district, it is estimated that the property taxes on a home with an assessed market value for tax purposes of $100,000 would increase by $4.27 in the first year, of $300,000 would increase by $12.80 in the first year, and of $600,000 would increase by $25.61 in the first year. An increase in property taxes may lead to an increase in rental costs. The High School Building Question and the Athletic Fields Question are two separate and independent ballot questions and the outcome of one ballot question is not dependent on the outcome of the other ballot question. Each series of bonds shall bear interest at a rate or rates to be determined at the time of sale and be payable semiannually during a term of not more than twenty (20) years. The election will be conducted by the District solely by mail ballot. Ballots will be mailed to all eligible registered voters in the District on August 28, 2024, and must be returned by each voter, by mail or in person to the District Clerk at Whitefish Public Schools, 600 East Second Street, Whitefish, Montana 59937, during regular business hours (8:00 a.m. to 4:30 p.m.), weekdays (exclusive of holidays), August 29, 2024 through September 16, 2024 or as described below. On Election Day, September 17, 2024, the only place for deposit of voted ballots will be the office of the District Clerk at Whitefish Public Schools, 600 East Second Street, Whitefish, Montana, which will be open from 8:00 a.m. to 8:00 p.m., and all ballots must be in that office by 8:00 p.m. in order to be counted. All ballots will be counted on September 17, 2024, in accordance with Montana law with the preliminary results, if known, expected to be released after 8:00 p.m. on that day. A qualified voter who will be absent from the District during the time the election is being conducted may: (a) vote in person in the office of the District Clerk as soon as the ballots are available and until 8:00 p.m. on Election Day; or (b) make a written request prior to noon on September 16, 2024, signed by the applicant and addressed to the office of the District Clerk requesting the ballot be mailed to an address other than that which appears on the registration records. An elector may obtain a replacement ballot if his or her ballot is destroyed, spoiled, lost, or not received by the elector by filling out and mailing, emailing, or faxing back a completed replacement ballot request form or by the elector by personally appearing at the District Clerk’s Office, Whitefish Public Schools, 600 East Second Street, Whitefish, Montana. Ballots may be returned in person at the place of deposit listed above, or returned by mail. If returning by mail, please use the then-prevailing first-class-postage price or one Forever Stamp. Postmark date does not apply; ballots returned by mail must be received at the District Clerk’s Office by the 8:00 p.m. Election Day deadline to be counted. Please note, all electors, as defined in Section 20-20-301, M.C.A., are those who reside within the District and are registered to vote by the close of registration on August 19, 2024. For electors who miss the close of registration deadline, such electors may register late by appearing in person at the office of the Flathead County Election Administrator located at 290 B North Main Street, in Kalispell, Montana and providing to the County Election Administrator the electors’ voter registration information in verifiable form prior to 8 p.m. on September 17, 2024. DATED this 9th day of April, 2024. Lucie Shea, District Clerk August 21, 28 and September 4, 2024 MNAXLP __________________________
NO. 2770 PUBLIC OPPORTUNITY TO PROTEST TRANSFER OF OWNERSHIP AND LOCATION OF Montana Retail On-Premises Consumption Restaurant Beer and Wine License CHALET LICENSE LLC (EVA NOONE 100.00%, Owner(s)) has applied to transfer Montana Retail On-Premises Consumption Restaurant Beer and Wine License No. 07-937-2528-401 to be operated at MAMA EV’S PIZZERIA, 6430 Us Highway 93 S, Whitefish, Flathead 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 Flathead 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 07-937-2528-401 and the applicant’s name CHALET LICENSE 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 5th, 2024. 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 Whitefish. 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 Andrew Erickson, Compliance Specialist for the Department of Revenue’s Alcoholic Beverage Control Division, at 444-4332 or Andrew.Erickson2@mt.gov. August 14, 21, 2024 MNAXLP __________________________
NO. 2774 Capital Fund Budget + Annual PHA Plan Hearing – Whitefish Housing Authority A Public Hearing will be held to review and solicit comments from the general public regarding the Whitefish Housing Authority’s proposed Capital Fund Budget for the upcoming federal fiscal year & to report on PHA plan progress. The hearing will occur on October 8th at 5:30pm at Whitefish City Hall in the Whitefish Conference Room. The full packet of information about WHA’s Capital Fund Budget and current PHA Plan is available for review and inspection on the City of Whitefish website, the Whitefish Housing Authority website, and in person by appointment at 100 4th St, Whitefish, MT. For more information, please contact Riss Getts at director@whitefishhousing.org or 406-901-2844. August 21, 2024 MNAXLP __________________________
NO. 2775 CITY OF WHITEFISH, MONTANA REQUEST FOR PROPOSALS RAIL CORRIDOR CROSSING STUDY Proposals due: Friday September 6, 2024 4:00 P.M. Contact: Craig Workman, Public Works Director Phone Number: (406) 863-2455 Email Address: cworkman@cityofwhitefish.org ANNOUNCEMENT The City of Whitefish and BNSF Railway Company (BNSF) invites you to submit a proposal to provide visual assessment, data evaluation, strategy, and feasibility efforts for the Whitefish Rail Corridor Crossing Study. PROJECT OVERVIEW The study will initiate planning activities along a three-mile corridor within the City encompassing three at-grade crossings and one viaduct (rail under) to support safer, more efficient rail movement along the BNSF Kootenai River Subdivision – a vital thoroughfare for national and regional freight movement. As a part of the BNSF Northern Transcon, this network segment hosts high volumes of freight trains. The line also carries Amtrak’s Empire Builder passenger trains. Of the 12 Amtrak stations in Montana, Whitefish is by far the busiest, boarding or detraining an average of 170 passengers per day. The objective of this project is to evaluate the safety, roadway connectivity, and potential improvements at these highway-rail crossing locations. As shown in Figure 1 and Table 1, the City has four existing crossings – three at grade (2nd Avenue, Birch Point Drive, and State Park Road) and one viaduct (railroad under) at Baker Avenue – in a three-mile corridor through the City limits. A full copy of the request for proposals can be found at: www.cityofwhitefish.org/Bids.aspx August 21, 28, 2024 MNAXLP __________________________