Legals September 29, 2018
CITY OF OSBURN, IDAHO PROPOSED ORDINANCE NO. 297 AN ORDINANCE GRANTING AVISTA CORPORATION, d/b/a AVISTA UTILITIES, A WASHINGTON CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE NONEXCLUSIVE RIGHT, PRIVILEGE, AUTHORITY AND FRANCHISE TO LOCATE, CONSTRUCT, INSTALL, OWN, MAINTAIN, REPAIR, REPLACE, EXTEND, OPERATE AND USE FACILITIES IN, UPON, OVER, UNDER, ALONG, AND ACROSS THE FRANCHISE AREA FOR PURPOSES OF THE TRANSMISSION, DISTRIBUTION AND SALE OF GAS. Avista Corporation dba Avista Utilities ("Avista"), a Washington Corporation, which is authorized to do business within the state of Idaho, has filed with the City of Osburn, State of Idaho, (the "City") a written application for a renewal of its Franchise to locate, construct, operate, maintain and use such plants, works, underground pipelines, equipment and appurtenances over, under, along and across all of City's rights of way and public property in the City for the purposes of the transmission, distribution and sale of Gas; and the City has determined it is in the interest of persons and businesses in this jurisdiction to have access to Avista's services; THEREFORE, THE CITY OF OSBURN DOES ORDAIN: SECTION 1.0 DEFINITIONS For the purposes of this Franchise the following terms, phrases, words and their derivations shall have the meaning given in this Section. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. Words not defined shall be given their common and ordinary meaning. Avista: means Avista Corporation, dba Avista Utilities, a Washington Corporation, and its respective successors and assigns, agents and contractors. City: means the City of Osburn, a municipal corporation of the State of Idaho, and its respective successors, assigns, agents and contractors. Commission: means the Idaho Public Utilities Commission or such successor regulatory agency having jurisdiction over investor-owned public utilities in the State of Idaho. Days: means business days. Effective Date: means the date of legal publication of this Ordinance, upon which the rights, duties and obligations of this Franchise shall come into effect, and the date from which the time requirement for any notice, extension and/or renewal shall be measured. Facilities: means, collectively, any and all gas transmission, and distribution systems and appurtenances owned by Avista, now and in the future in the Franchise Area, including but not limited to, Gas plants, Gas pipes, pipelines, mains, laterals, conduits, services, regulators, valves, meters, meter-reading devices, fences, vehicular protection devices, communication and control systems and other equipment, appliances, fixtures, attachments, appurtenances and other items necessary, convenient, or in any way appertaining to any and all of the foregoing for the purposes of transmission, distribution, storage and sale of Gas. Franchise: means the grant by the City of rights, privileges and authority embodied in this Ordinance. Franchise Area: means the surface and space above and below all public property and rights-of-way owned or held by the City, including, without limitation, rights-of-way for: public roads, streets, avenues, alleys, bridges, tunnels, City-owned easements, and highways that may hereafter be laid out, platted, dedicated, acquired or improved; and all City-owned utility easements dedicated for the placement and location of various util ities, provided such easements would permit Avista to fully exercise the rights granted under this Franchise within the area covered by the easement. Gas: means natural, manufactured, renewable and/or mixed gases. Maintenance, maintaining, or maintain: means, without limit, repairing, replacing, upgrading, examining, testing, inspecting, and removing Avista Facilities, vegetation management, digging and excavating, and restoration of affected Right-of-way surfaces. Parties: means City and Avista collectively. Party: means either City or Avista individually. Person: means a business entity or natural person. Right-of-way: means the surface of and the space along, above, and below any street, road, highway, freeway, bridge, tunnel, lane, sidewalk, alley, City-owned utility easement and/or right-of-way now or hereafter held or administered by the City. State: means the State of Idaho. Tariff: means the rate schedules, rules, and regulations relating to utility service, filed with and approved by the Commission in effect upon execution and throughout the term of this Franchise. SECTION 2.0 GRANT OF FRANCHISE 2.1 Grant City hereby grants to Avista the right, power, privilege and authority to enter upon all roads, rights-of-way, streets, alleys, highways, public places or structures, lying within the Franchise Area to locate, construct, operate and maintain its Facilities for the purpose of controlling, transmitting and distributing Gas, as may be necessary to provide Gas service. 2.2 Effective Date This Ordinance will be effective as of the date of approval, passage and publication as required by law. 2.3 Term The rights, privileges and Franchise granted to Avista will extend for a term of 25 years from the Effective Date, and shall continue year-to-year thereafter, until it is otherwise renewed for another twenty-five (25) year term, or terminated by either Party, with not less than 180 days prior written notice to the other Party. 2.4 Non-Exclusive Franchise This Franchise is not an exclusive Franchise. This Franchise shall not prohibit the City from granting other franchises within the Franchise Area that do not interfere with Avista's rights under this Franchise. City may not, however, award a Gas Franchise to another party under more favorable or less onerous terms than those of this Franchise without this Franchise being amended to reflect such more favorable or less onerous terms. 2.5 Notice of City's Intent to Compete with Avista In consideration of Avista's undertaking pursuant to this Franchise, the City agrees that in the event the City intends to engage in the business of providing Gas service during the life of this Franchise or any extension of this Franchise, in competition with Avista, the City will provide Avista with six (6) months' notice of such action. 2.6 Assignment of Franchise Avista shall have the right to assign its rights, benefits and privileges under this Franchise. Any assignee shall, within sixty (60) days of the date of any assignment, file written notice of the assignment with the City together with its written acceptance of all terms and conditions of this Franchise. As permitted by federal and state law and Commission regulation, Avista shall have the right, without notice to or consent of the City, to mortgage or hypothecate its rights, benefits and privileges in and under this Franchise as security for indebtedness. 2.7 Franchise Taxes, Fees and Costs Avista shall pay all permitting, license fees, costs and/or franchise fees which it might be required to pay in connection with the issuance, maintenance, existence, continuation, or use of this Franchise, to the extent permitted by state law or City ordinance now in effect or enacted during the term of this Franchise. The City reserves the right to designate the time and manner of payment of such fees or costs owed by Avista in connection with this Franchise. To the extent that any Franchise fees or other costs are imposed on Avista, City shall impose equivalent charges, fees or costs upon any other franchisee in a comparable business or otherwise competing with Avista. 2.8 Franchise Fees As compensation for the Franchise granted by this ordinance, Avista shall pay to the City an amount equal to one percent (1%) of the annual gross revenue collected by Avista from its customers for natural gas consumed within the City to be paid quarterly. Gross revenue will be computed by deducting from the total natural gas billings of Avista the total net write-off of uncollectible accounts. The City has the right to increase its Franchise fee up to three percent (3%), by obtaining Avista's approval or the approval of a majority of the City voting on the question at an election held in accordance with Chapter 4, Title 50, Idaho Code. Any such vote to increase the Franchise fee hereunder shall provide that the increased Franchise fee will apply to any natural gas service provider (other than the City), who utilizes the City's Right-of-way to provide electric service within the City, during the term of this Franchise. If Grantee fails to pay the Franchise fee to the City within thirty (30) days of the end of each calendar quarter, Grantee shall pay a penalty in the amount of five percent (5%) of the amount due. SECTION 3.0 AVISTA'S OPERATIONS AND MAINTENANCE 3.1 Compliance with Laws, Regulations, Codes and Standards In carrying out any authorized activities under the privileges granted by this Franchise, Avista shall meet accepted industry standards and codes and shall comply with all applicable laws, regulations and ordinances of any governmental entity with jurisdiction over Avista's Facilities in the Franchise Area. This includes all applicable, laws, regulations and ordinances existing as of the Effective Date or may be subsequently enacted by any governmental entity with jurisdiction over Avista's operations within the Franchise Area. The City shall have the right to make and enforce reasonable rules and regulations pertaining to the conduct of Avista's operations within the Franchise Area. Prior to the adoption of any new rule, procedure or policy, Avista shall be provided a written draft document for comment with a response period of not less than thirty days. Service shall be supplied to the City and its inhabitants in accordance with Avista's rules and regulations and Tariffs currently or subsequently filed with and approved by the Commission. 3.2 Facility Location by Avista and Non-Interference Avista shall have the discretion to determine the placement of its Facilities as may be necessary to provide safe and reliable Gas service, subject to the following non-interference requirements. All construction, installation, repair or relocation of Avista's Facilities performed by Avista in the Franchise Area will be done in such a manner as not to interfere with the construction and maintenance of other utilities, drains, drainage and irrigation ditches and structures, and City-owned property within the Franchise Area. 3.3 Facility Location Information Avista shall provide the City, upon the City's reasonable request, Facility location information in electronic or hard copy showing the location of its Facilities at specific locations within the Franchised Area, to the extent such information is reasonably available. Avista does not warrant the accuracy of any such Facility location information provided and, to the extent the location of Facilities are shown, such Facilities may be shown in their approximate location. With respect to any excavations within the Franchise Area undertaken by or on behalf of Avista or the City, nothing stated in this Franchise is intended (nor shall be construed) to relieve either party of their respective obligations arising under the State one-call law with respect to determining the location of existing underground utility facilities in the vicinity of such excavations prior to commencing work. 3.4 Vegetation Management - Removal of Trees/Vegetation Encroachment The right of Avista to maintain its Facilities shall include the right, as exercised in Avista's professional discretion to minimize the likelihood that encroaching (either above or below the ground) vegetation can interfere with or limit access to Avista's Facilities, or pose a threat to public safety and welfare. Avista or its agents may, without recourse or payment of compensation, accordingly remove or limit the growth of vegetation which encroaches upon its Facilities and/or Gas transmission and distribution corridors within the Franchise Area. 3.5 Right of Excavation For the purpose of implementing the privileges granted under this Franchise, and subject to the conditions described herein, Avista is authorized to make any necessary excavations in, under and across the streets, alleys, roads, rights-of-way and public grounds within the Franchise Area. Such excavation shall be carried out with reasonable dispatch and with as little interference with or inconvenience to the public as may be feasible. Avista shall remove all debris stemming from excavation and construction. Whenever Avista, its successors or assigns shall excavate in or obstruct any of the streets, alley or rights-of-way of the City for the purposes aforesaid, the street(s), alley(s), or right-of-way surface shall be reasonably restored, by Avista and to standards mutually agreed upon by the City and Avista, as soon as feasible after work is completed. 3.6 Emergency Work In the event of an emergency requiring immediate action by Avista to protect the public health and safety or for the protection of its Facilities, or the property of the City or other persons in the Franchise Area, Avista may immediately proceed with excavation or other Right-of-way work, with concurrent notice to the City to the extent possible. SECTION 4.0 RESERVATION OF CITY'S RIGHTS AND POWERS 4.1 Reservation of Right The City, in granting this Franchise, does not waive any rights which it may not have or may subsequently acquire with respect to road rights-of-way or other property of City under this Franchise, and this Franchise shall not be construed to deprive the City of any such powers, rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the City's roads, rights-of-way and other public property covered by this Franchise. Nothing in the terms of this Franchise shall be construed or deemed to prevent the City from exercising at any time and any power of eminent domain granted to it under the laws of this State. 4.2 Necessary Construction/Maintenance by City The construction, operation and maintenance of Avista's Facilities authorized by this Franchise shall not preclude the City, its agents or its contractors, from grading, excavating, or doing other necessary road work contiguous to Avista's Facilities; provided that Avista shall be given not less than ten (10) business days' notice of said work, except in events of emergency when there exists an unforeseen and substantial risk or threat to public health, safety, welfare, or waste of resources, in which case the City will make reasonable efforts to contact Avista prior to doing said work; and provided further that the City, its agents and contractors, shall be liable for any damages, including any consequential damages to third parties, caused by said work to any Facilities belonging to Avista. 4.3 Expansion of Avista's Facilities Facilities in the City's Franchise Area that are incidental to the Franchise Area, or that have been, or are at any future time acquired, newly constructed, leased, or utilized in any manner by Avista shall be subject to all provisions of this Franchise. 4.4 Change of Boundaries of the City Any subsequent additions or modifications of the boundaries of the City, whether by annexation, consolidation, or otherwise, shall be subject to the provisions of this Franchise as to all such areas. The City shall notify Avista of the scope of any change of boundaries not less than thirty (30) days prior to such change becoming effective or in accordance with applicable state laws, and shall affirm, authorize and ratify all prior installations authorized by permits or other action not previously covered by this Franchise. 4.5 Removal of Abandoned Facilities During the Term of this Franchise, or upon a revocation or non-renewal of this Franchise, the City may direct Avista to remove designated abandoned Facilities from the Franchise Area at its own expense and as soon as practicable, but only where such abandoned Facilities constitute a demonstrated threat to public health and safety. Avista shall not be required to remove, or pay for the removal of facilities it has previously abandoned to another franchisee, or utility under a joint use agreement, or Person granted permission to access Avista's facilities. 4.6 Vacation of Properties by City If, at any time, the City shall vacate any road, right-of-way or other public property which is subject to rights granted by this Franchise, such vacation shall be subject to the reservation of a perpetual easement to Avista for the purpose of constructing, reconstructing, operating, repairing, upgrading and maintaining Avista's Facilities on the affected property. The City shall, in its vacation procedure, reserve and grant said easement to Avista for Avista's Facilities and shall also expressly prohibit any use of the vacated properties which will interfere with Avista's full enjoyment and use of said easement. SECTION 5.0 RELOCATION OF AVISTA'S FACILITIES 5.1 Relocation of Facilities Requested by City Upon request of the City, Avista shall relocate its Facilities as necessary within the Franchise Area as specifically designated in design plans that are no less than sixty (60) percent complete by the City for such purpose. For purposes of this provision, all reasonable efforts shall be made by the City, with input from Avista, to minimize the impacts of potential relocation. The City shall provide Avista reasonable notice of any intended or expected requirement or request to relocate Avista's Facilities. Said notice shall not be less than ninety (90) calendar days prior to any such relocation and, depending on the circumstances, may be greater than one hundred twenty (120) calendar days if necessary to allow Avista sufficient time to arrange for relocation. In in cases of emergency, or where not otherwise reasonably foreseeable by the City, the notice requirements of this Section may be shortened by discussion and agreement between the Parties. The City shall use reasonable efforts to cause any such relocation to be consistent with any applicable long-term development plan(s) of the City. In the event a relocation forces Avista off City's existing Public Right(s) of Way then the City shall accommodate such relocation by securing an acceptable, alternate location for utilities and removing any obstructions, including, without limitation, trees, vegetation or other objects that may interfere with the installation, operation, repair, upgrade or maintenance of Avista's Facilities on the affected Property. If the City requires the subsequent relocation of any of Avista's Facilities within five (5) years from the date of relocation of such Facilities or installation of new Facilities, regardless of the cause for either the initial or subsequent relocation, the City shall bear the entire cost of such subsequent relocation. Avista agrees to relocate all Facilities promptly within a reasonable time. Upon notice from the City, the parties agree to meet and determine a reasonable relocation time, which shall not exceed the time normally needed for construction projects of the nature of the City's relocation request unless otherwise mutually agreed. Notwithstanding the above, Avista shall not be required to relocate facilities of other entities that were abandoned to another franchisee. Such relocation of these types of facilities shall be accordance with Section 5.2 below. This Section shall not apply to Facilities in place pursuant to private easement held by Avista, regardless of whether such Facilities are also located within the Franchise Area. In the event the City requests relocation of Facilities that are in place pursuant to an existing easement, said relocation shall be treated in the same manner as a relocation requested by third parties under Section 5.2, below, with the City bearing the expense of relocation. 5.2 Relocation of Facilities Requested by Third Parties City acknowledges that Avista is obligated to provide gas service and related line extension or relocation of Facilities for the benefit of its customers and to require compensation for such services on a non-preferential basis in accordance with applicable Tariffs. If Facilities are to be relocated at the request of or for the primary benefit of a third party, the City shall not require Avista to relocate its Facilities until such time as a suitable location can be found and the third party has entered into an agreement to reimburse Avista for its reasonable costs of relocation 5.3 Availability of Other Funds In the event federal, state or other funds are available in whole or in part for utility relocating purposes, the City agrees to use reasonable efforts to apply for such funds, provided such funds do not interfere with the City's right to obtain the same or similar funds, or otherwise create any expense or detriment to the City. The City may recover all costs, including internal costs, associated with obtaining such funds. SECTION 6.0 INDEMNITY 6.1 Indemnification of City Avista agrees to defend and indemnify the City, its appointed and elected officers and employees or agents, from any and all liabilities, claims, causes of action, losses, damages and expenses, including costs and reasonable attorney's fees, that the City may sustain, incur, become liable for, or be required to pay, as a consequence of or arising from the negligent acts or omissions of Avista, its officers, employees or agents in connection with Avista's obligations under this Franchise; provided, however, that this indemnification provision shall not apply to the extent that said liabilities, claims, damages and losses were caused by or result from the negligence of the City, elected officers and employees or agents. 6.2 Indemnification of Avista To the extent permitted by law, City agrees to defend and indemnify Avista, its officers and employees, from any and all liabilities, claims, causes of action, losses, damages and expenses, including costs and reasonable attorney's fees, that Avista may sustain, incur, become liable for, or be required to pay, as a consequence of or arising from the negligent acts or omissions of the City, its appointed and elected officers and employees or agents in connection with City's obligations under this Franchise; provided, however, that this indemnification provision shall not apply to the extent that said liabilities, claims, damages, losses and so forth were caused by or result from the negligence of Avista, its employees or agents. SECTION 7.0 FRANCHISE DISPUTE RESOLUTION 7.1 Non-waiver Failure of a Party to declare any breach or default of this Franchise immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall not waive such breach or default, but the Party shall have the right to declare any such breach or default at any time. Failure of a Party to declare one breach or default does not act as a waiver of the Party's right to declare another breach or default. In addition, the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a revocation and forfeiture for breach of the conditions of the Franchise. 7.2 Dispute Resolution by the Parties Disputes regarding the interpretation or execution of the terms of this Franchise that cannot be resolved by department counterparts representing the Parties, shall be submitted to the City's Attorney and an attorney representing Avista for resolution. If a mutually satisfactory or timely resolution cannot then be reached by the above process, prior to resorting to a court of competent jurisdiction, the Parties shall submit the dispute to a non-binding alternate dispute resolution process agreed to by the Parties. 7.3 Right of Enforcement No provision of this Franchise shall be deemed to bar the right of the City or Avista to seek judicial relief from a violation of any provision of the Franchise to recover monetary damages for such violations by the other party or to seek enforcement of the other Party's obligations under this Franchise by means of specific performance, injunctive relief or any other remedy at law or in equity pursuant to Section 7.4. Any litigation between the City and Avista arising under or regarding this Franchise shall occur, if in the state courts, in a court of competent jurisdiction, and if in the federal courts, in the United States District Court for the District of Idaho. 7.4 Attorneys' Fees and Costs Each Party shall pay for its own attorneys' fees and costs incurred in any dispute resolution process or legal action arising out of the existence of this Franchise. SECTION 8.0 GENERAL PROVISIONS 8.1 Franchise as Contract, No Third Party Beneficiaries This Franchise is a contract between the Parties and binds and benefits the Parties and their respective successors and assigns. This Franchise does not and is not intended to confer any rights or remedies upon any persons, entities or beneficiaries other than the Parties. 8.2 Force Majeure In the event that Avista is delayed in or prevented from the performance of any of its obligations under the Franchise by circumstances beyond Avista's control (Force Majeure) including, without limitation, third party labor disputes, fire, explosion, flood, earthquake, power outage, acts of God, war or other hostilities and civil commotion, then Avista's performance shall be excused during the period of the Force Majeure occurrence. Avista will use all commercially reasonable efforts to minimize the period of the disability due to the occurrence. Upon removal or termination of the occurrence Avista will promptly resume performance of the affected Franchise obligations in an orderly and expeditious manner. 8.3 Prior Franchises Superseded As of the Effective Date this Franchise shall supersede all prior gas franchises for the Franchise Area previously granted to Avista or its predecessors by City, and shall affirm, authorize and ratify all prior installations authorized by permits or other action not previously covered by franchise. Termination of the prior Franchise shall not, however, relieve the Parties from any obligations which accrued under said Franchise prior to its termination, including but not limited to, any outstanding indemnity, reimbursement or administrative fee payment obligations. 8.4 Severability The Franchise is granted pursuant to the laws of the State of Idaho relating to the granting of such rights and privileges by City. If any article, section, sentence, clause, or phrase of this Franchise is for any reason held illegal, invalid, or unconstitutional, such invalidity shall not affect the validity of the Franchise or any of the remaining portions. The invalidity of any portion of this Franchise shall not abate, reduce, or otherwise affect any obligation required of Avista. 8.5 Changes or Amendments Changes or amendments to this Franchise shall not be effective until lawfully adopted by the City and agreed to by Avista. 8.6 Supremacy and Governing Law This Agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of Idaho. In the event of any conflict between this Franchise and any City ordinance, regulation or permit, the provisions of this Franchise shall control. In the event of a conflict between the provisions of this Franchise and Avista's applicable Tariff on file with the Commission, the Tariff shall control. 8.7 Headings The headings or titles in this Franchise are for the purpose of reference only and shall not in any way affect the interpretation or construction of this Franchise. 8.8 Acceptance of Franchise. Avista shall, within thirty (30) days after passage of this Ordinance, file with the City Clerk, its acceptance of the terms and conditions of this Franchise. 8.9 Abandonment or Suspension of Franchise Rights and Obligations Avista may at any time abandon the rights and authorities granted hereunder, provided that six (6) months' written notice of intention to abandon is given to City. In addition, pursuant to Section 8.6 and in the event a conflict exists between the terms of this Franchise and Avista's Tariff with the Commission that cannot be resolved, Avista may suspend or abandon the rights and obligations of this Franchise upon reasonable notice to the City. 8.10 Franchise Effective Date The Effective Date of this Franchise shall be November 13th, 2018, after passage, approval and legal publication of this ordinance as provided by law, and provided that it has been duly accepted by Avista as specified above. Final Reading of Ordinance 297 is anticipated to be held before the Osburn City Council on November 13th, 2018 at 6:30pm in the City Council Chambers. SHO LEGAL 2841 AD#230051 SEPTEMBER 29, 2018
PUBLIC NOTICE Coeur d'Alene Trust Call for Contractor Qualifications: The Coeur d'Alene Trust was established to investigate, design, and implement emedies for environmental impacts associated with former mines, mills, and tailings piles within the Upper Basin of the Bunker Hill Mining and Metallurgical Complex Superfund Site. The Coeur d'Alene Trust is soliciting qualifications from construction Contractors to perform the initial construction of the Canyon Complex Repository, operate the facility, and consolidate waste excavated from the Silver Valley Natural Resource Trustees Repository. The Request for Qualifications will be available beginning at 8 AM (Pacific Time) on September 24, 2018 at the following website (https://new.civcast.co m/publishers/5b9aa53499434a 2fb0b1676d). Statements of Qualification are due by 12:00 PM (Noon Pacific Time) on October 19, 2018 SHO LEGAL 2838 AD# 227636 SEPTEMBER 22, 26, 29, OCTOBER 3, 2018
NOTICE TO CREDITORS Case No.: CV-40-18-393 IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF SHOSHONE MAGISTRATE DIVISION In the Matter of the Estate of: MARVIN DALE NEUBERGER, Deceased. NOTICE IS HEREBY GIVEN that the KEITH NEUBERGER has been appointed personal representative of the above-named decedent. All persons having claims against the decedent or the estate are required to present their claims within four months after the date of the first publication of the Notice to Creditors, or within 60 days after the undersigned mailed or delivered a copy of this Notice to such persons, whichever is later, or said claims will be forever barred. Claims must be presented to the undersigned at the address indicated, and filed with the Clerk of the Court. DATED this 10th day of September, 2018 _/s/ James McMillan JAMES McMILLAN 512 Cedar Street Wallace, ID 83873 Attorney for Personal Representative SHO LEGAL 2831 AD#225988 SEPTEMBER 22, 29, OCTOBER 6, 2018
PUBLIC NOTICE Les Schwab Tire Centers of Idaho Inc. located at 15 East Cameron Ave will be holding an auction of a vehicle which it has rights to a possessory lien. This auction will take place Monday October 9th at 10.00 am Vehicle to be sold is a 1997 Ford Explorer VIN# 1FMDU35P4VZ19474 Lic# ASF3459 WA SHO LEGAL 2847 AD# 230842 SEPTEMBER 29, 2018
SUMMONS To: ZABRINA K. GOLOB You have been sued by ALLY FINANCIAL INC, the plaintiff, in the FIRST District Court in and for SHOSHONE COUNTY, Idaho, Case No. C140-18-0288. The nature of the claim against you is collection of money owed by you. Any time after 21 days following the last publication of this summons, the court may enter a judgment against you without further notice, unless prior to that time you have filed a written response in the proper form, including the Case No., and paid any required filing fee to the Clerk of the Court at 700 Bank St, Ste 120, Wallace, Id 83873, and served a copy of your response on the plaintiff's attorney MICHAEL J. ARCHIBALD, ISB #8476 at M2 Law Group PC, P.O. Box 330, Meridian, ID 83680, telephone (208) 336-3331. A copy of the Summons and Complaint can be obtained by contacting either the Clerk of the Court or the attorney for Plaintiff. If you wish legal assistance, you should immediately retain an attorney to advise you in this matter. Dated:9/18/2018 PEGGY WHITE SHOSHONE COUNTY District Court DeBi Ruggles, Deputy Barbara A. Duggan SHO LEGAL 2844 AD# 230044 SEPTEMBER 29, OCTOBER 6, 13, 20, 2018
ORDINANCE NO. 382 APPROPRIATION ORDINANCE FOR FY 2018/2019 AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018. APPROPRIATING THE SUM OF $374,953.00 TO DEFRAY THE EXPENSE AND LIABILITIES OF THE CITY OF MULLAN FOR SAID FISCAL YEAR. AUTHORIZING A LEVY OF A SUFFICIENT TAX UPON THE TAXABLE PROPERTY AND SPECIFYING THE OBJECTS AND PURPOSE FOR WHICH SAID APPROPRIATIONS IS MADE. BE IT ORDAINED by the Mayor and Council of the City of Mullan, Shoshone County, Idaho: Section 1. That the sum of $374,953.00 be and the same is appropriated to defray the necessary expenses and liabilities of the City of Mullan, Shoshone County, State of Idaho for the fiscal year beginning October 1, 2018. Section 2: The objects and purposes for which such appropriation is made, and the amount of each object and purpose follows: ESTIMATED EXPENDITURES: General Fund $177,920.00 Street Fund $150,825.00 Sewer Fund $46,208.00 Total Expenditures: $374,953.00 ESTIMATED REVENUES: Taxes $163,000.00 State Monies $122,921.00 Other Income $42,824.00 Sewer Fees $46,208.00 Total Revenues: $374,953.00 Section 3: That a general tax levy on all taxable property within the City of Mullan be levied in an amount allowed by law for the general purposes for said city, for the fiscal year beginning October, 2018. Section 4: All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section 5: This ordinance shall take effect and be in full forces upon its passage, approval and publication in one issue of the Shoshone County News-Press, a news paper of general circulation in the City of Mullan, and the official newspaper of said city. Signed: Don Kotschevar, Mayor ATTEST: Trisha Crandall, City Clerk SHO LEGAL 2845 AD# 230295 SEPTEMBER 29, 2018
ORDINANCE NO. 381 AN ORDINANCE OF THE CITY OF MULLAN, IDAHO, AMENDING ORDINANCE NO. 376, THE APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2017; APPROPRIATING ADDITIONAL MONIES THAT ARE TO BE RECEIVED BY THE CITY OF MULLAN, IDAHO IN THE SUM OF $59,798.00; DIRECTING THE CITY CLERK TO FILE A CERTIFIED COPY OF THIS ORDINANCE WITH THE IDAHO SECRETARY OF STATE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the Mayor and Council of the City of Mullan, Shoshone County, Idaho: Section 1. That Ordinance No. 376; the appropriations ordinance for the City of Mullan, Idaho, for the fiscal year commencing October 1, 2017, be, and the same is hereby amended as follows: That the additional amount of $59,798.00 be appropriated out of the revenues from the street fund be used for road remediation. Section 2: All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section 3: This ordinance shall take effect and be in full force upon its passage, approval and publication in one issue of the Shoshone News Press, a newspaper of general circulation in the City of Mullan. PASSED under suspension of rules upon a roll call vote was taken and duly enacted an Ordinance of the City of Mullan, Shoshone County, Idaho at a convened meeting of the City of Mullan City Council held on the 18th day of September, 2018. Attest: Trisha Crandall, City Clerk Don Kotschevar, Mayor SHO LEGAL 2846 AD# 230308 SEPTEMBER 29, 2018
CITY OF OSBURN ORDINANCE NO. 296 AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018, APPROPRIATING THE SUM OF $1,289,103 TO DEFRAY THE EXPENSES AND LIABILITIES OF THE CITY OF OSBURN FOR SAID FISCAL YEAR, AUTHORIZING A LEVY OF A SUFFICIENT TAX UPON THE TAXABLE PROPERTY AND SPECIFYING THE OBJECTS AND PURPOSES FOR WHICH SAID APPROPRIATION IS MADE. BE IT ORDAINED by the Mayor and Council of the City of Osburn, Shoshone County, Idaho. Section 1: That the sum of $1,289,103 be, and the same is hereby appropriated to defray the necessary expenses and liabilities of the City of Osburn, Shoshone County, Idaho for the fiscal year beginning October 1, 2018. Section 2: The objects and purposes for which such appropriation is made, and the amount of each object and purpose is as follows: CDB GRANT $500,000 GENERAL & ADMIN. FUND $212,628 LAW ENFORCEMENT FUND $264,882 LIBRARY FUND $ 59,199 STREET & HIGHWAY FUND $190,528 SEWER FUND $ 56,525 CEMETERY FUND $ 5,341 TOTAL APPROPRIATIONS $1,289,103 Section 3: That a general tax levy on all taxable property within the City of Osburn be levied in an amount allowed by law for the general purposes for said City, for the fiscal year beginning October 1, 2018. Section 4: All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section 5: This ordinance shall take effect and be in full force upon its passage, approval and publication in one issue of the Shoshone News Press, the official newspaper of the City of Osburn. PASSES under suspension of rules upon which a roll call vote was taken and duly enacted an Ordinance of the City of Osburn, Shoshone County, Idaho at a convened meeting of the City of Osburn City Council held on the 4th day of September, 2018. /s/Kip McGillivray, Mayor ATTEST: /s/Lisa Millard, City Clerk/Treasurer SHO LEGAL 2842 AD# 230849 SEPTEMBER 29, 2018
CITY OF OSBURN TREASURER'S QUARTERLY FINANCIAL REPORT ENDING March 31, 2018 YR TO DATE BUDGET % BUDGET REVENUE GENERAL FUND: Property Tax 53,715 91,984 58.4% Licenses & Permits 3,605 11,150 32.3% Intergovernmental Rev. 30,479 47,600 64.0% Other Revenue 14,983 65,208 23.0% LAW ENFORCEMENT 138,642 255,842 54.2% STREET & HIGHWAYS 102,166 200,215 51.0% LIBRARY 24,255 57,351 42.3% ENTERPRISE FUNDS: Sewer 23,874 61,522 38.8% Cemetery 338 7,293 4.6% TOTAL 392,057 798,165 49.1% EXPENDITURES GENERAL FUND 78,043 215,942 36.1% LAW ENFORCEMEMT 116,592 255,842 45.6% STREET & HIGHWAYS 81,483 200,215 40.7% LIBRARY 28,570 57,351 49.8% ENTERPRISE FUNDS: Sewer 19,708 61,522 32.0% Cemetery 1,169 7,293 16.0% TOTAL 325,565 798,165 40.8% Citizens are invited to inspect the detailed supporting records of the above report. Lisa Millard Municipal Clerk/Treasurer SHO LEGAL 2848 AD# 230858 SEPTEMBER 29, 2018
NOTICE OF TRUSTEE'S SALE On Tuesday, the 8th day of January, 2019, at the hour of 10:00 o'clock a.m. of said day at the front steps of Shoshone County Courthouse, 700 Bank Street, Wallace, in the County of Shoshone, State of Idaho, Ryan M. Fawcett, as Successor Trustee, will sell at public auction, to the highest bidder, for cash, in lawful money of the United States, all payable at the time of sale, the following described real property situated in the County of Shoshone, State of Idaho, and described as follows, towit: A portion of Lots 10, 11 and 12, Block 14, Kellogg, Shoshone County, State of Idaho, according to the official and recorded plat thereof, being more particularly described as follows: Beginning at the Northwest corner of Block 14, City of Kellogg from whence the Southwest Corner of Lot 22, Block 27, Kellogg Townsite bears North 13°42'53" East, 524.95 and Kellogg Monument No. 55 bears North 42°33'00" West, 102.52 feet; thence North 89°59'00" East, 63.46 feet (Shown of record as East 63.53 feet); thence South 00°56'53" East, 42.13 feet (Shown of record as South 43.61 feet); thence South 89°03'08" West, 9.11 feet (Shown of record as West 9 feet); thence South 00°56'53" East, 27.06 feet (Shown of record as South 26.73 feet); thence North 72°54'49" West, 58.08 feet (Shown of record as North 71°57'21" West, 57.35 feet); thence North 00°01'00" East, 52.25 feet (Shown of record as North 52.57 feet) to the Place of Beginning. The Successor Trustee has no knowledge of a more particular description of the abovereferenced real property, but for purposes of compliance with Section 60-113, Idaho Code, the Successor Trustee has been informed that the street address of 5 E. Mill Ave. Kellogg, Idaho, is sometimes associated with said real property. Said sale will be made without covenant or warranty regarding title, possession or encumbrances to satisfy the obligation secured by and pursuant to the power of sale conferred in the Deed of Trust executed by CALEB BAKER, an Unmarried Man, Grantor, to Ryan M. Fawcett, Successor Trustee, for the benefit and security of MOTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded August 31, 2016, as Instrument No. 486388, Mortgage records of Shoshone County, Idaho; and assigned to the IDAHO HOUSING AND FINANCE ASSOCIATION by Assignment of Deed of Trust recorded on August 2, 2018, as Instrument No. 495114, Mortgage records of Shoshone County, Idaho. THE ABOVE GRANTOR IS NAMED TO COMPLY WITH SECTION 45-1506 (4)(a), IDAHO CODE. NO REPRESENTATION IS MADE THAT HE IS, OR IS NOT, PRESENTLY RESPONSIBLE FOR THIS OBLIGATION. The default for which this sale is to be made is the failure to pay when due, monthly installment payments under the Deed of Trust Note dated August 30, 2016, in the amount of $708.00 each, for the months of March through August, 2018, inclusive; and for each and every month thereafter until date of sale or reimbursement. All delinquent payments are now due, plus accumulated late charges, plus any costs or expenses associated with this foreclosure. The accrued interest is at the rate of 3.50% per annum from February 1, 2018. The principal balance owing as of this date on the obligation secured by said Deed of Trust is $90,724.38, plus accrued interest at the rate of 3.50% per annum from February 1, 2018. DATED This 6th day of September, 2018. RYAN M. FAWCETT, a Member of the Idaho State Bar, SUCCESSOR TRUSTEE SHO LEGAL 2830 AD#255984 SEPTEMBER 22, 29, OCTOBER 6, 13, 2018
NOTICE OF HEARING ON NAME CHANGE (Adult ) CASE NO. CV40-18-474 IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF SHOSHONE IN RE: TRACY ANN WHITESIDE A Petition to change the name of Tracy Ann Whiteside, now residing in the City of Kellogg, State of Idaho, has been filed in the District Court in Shoshone County, Idaho. The name will change to Tracy Ann Smith. The reason for the change in name is: "After divorcing I kept "Whiteside" for my daughter. Hailey recently passed away I would like to return to my maiden name Smith". A hearing on the petition is scheduled for 10 o'clock a.m. on October 22, 2018, at the Shoshone County Courthouse. Objections may be filed by any person who can show the court a good reason against the name change. Date: September 7, 2018 By: /s/ DeBi Ruggles Deputy Clerk SHO LEGAL 2829 AD# 225663 SEPTEMBER 15, 22, 29, OCTOBER 6, 2018