Wednesday, November 30, 2022

Legals for November, 1 2022

| November 1, 2022 12:00 AM

EAST SHOSHONE COUNTY WATER DISTRICT Public Hearing on Proposed 2022-2023 Budget A public hearing, pursuant to Idaho Code 50-1002, For consideration of the proposed budget for the Fiscal year that begins December 1, 2022 and ends November 30, 2023. The hearing will be held at the Water District Office, at 606 Cedar Street, Wallace Idaho on November 10, 2022 at 4:30 p.m. all interested Persons are invited to appear and show cause if any, Why said budget should or should not be adopted. Copies of the proposed budget are available at the District office during regular business hours. Anyone desiring accommodation for disabilities related to the budget documents or to the hearing, please contact the District Office at 752-1174 within 48 hours prior to the public hearing. The District's 2022-2023 proposed fiscal year budget is briefly Summarized as follows: Expenses Proposed Labor $371,802 Operating $227,462 Admin & General $ 66,460 Financial $216,780 $882,504 Revenues Proposed Water $813,000 Other Income $ 10,800 Transfer operating fund $ 58,704 $882,504 Legal#4288 AD#567558 October 25, November 1, 2022

NOTICE TO CREDITORS CASE NO. CV40-22-0563 IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF SHOSHONE IN THE MATTER OF THE ESTATE OF MARC MATTHEW MATOCK Deceased. NOTICE IS HEREBY GIVEN that MEGHAN MATOCK has been appointed as Personal Representative of the estate of the above-named decedent. All persons having claims against the decedent, or the estate are required to present their claims within four (4) months after the date of the first publication of this Notice 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 27th day of October, 2022. JAMES, VERNON & WEEKS, P.A. BY:/s/ Daniel M. Keyes Attorneys for Personal Representative ISB # 9492 1626 Lincoln Way Coeur d'Alene, ID 83814 Telephone: (208) 667-0683 Facsimile: (208) 664-1684 Email: Service Email: Legal#4301 AD#568834 November 1, 8, 15, 2022

Idaho Constitutional Amendment SJR 102 Legislative Council's Statement of Meaning, Purpose, and Result to Be Accomplished Currently, the Legislature may meet in a special session only upon call of the Governor. The proposed amendment would allow the Legislature to convene itself in special session if 60% of the members in each house submit a petition to the President Pro Tempore of the Senate and the Speaker of the House of Representatives. The petition must specify the subjects to be addressed in the special session, and only those subjects could be considered during the special session. The amendment also requires the Legislature to hold an organizational session in December following a general election. The purpose of the organizational session is to prepare for the upcoming regular session. The proposed amendment would formalize in the Idaho Constitution the Legislature's longstanding practice of holding an organizational session. Statements FOR the Proposed Amendment 1. This constitutional amendment is needed to correct an imbalance of power among the three branches of government. The executive and judicial branches of government have no restrictions on their ability to conduct business when and as they deem appropriate, and the legislative branch should have the same power. 2. Idaho is one of just 12 states whose legislature has no power to convene itself into a special session under certain circumstances. The Idaho Legislature should not be dependent on the Governor to call it into special session when extraordinary events occur. For example, in 2020, the Idaho Legislature wished to convene to consider Covid-19 matters and the expenditure of federal funding related to the pandemic but the Governor delayed convening the Legislature. Idaho should join the 38 states (including all of Idaho's neighboring states) that recognize the legislative branch of government's right to determine independently when it should convene and conduct the business of the people it represents. 3. Authorizing the Legislature to convene itself into special session will prevent the need for one or both houses of the Legislature to defer adjourning sine die indefinitely as happened in 2021 when the House of Representatives wanted to preserve its right to take up anticipated issues later in the year. Deferring the date of adjourning sine die results in numerous administrative problems such as delaying effective dates of legislation and administrative rules. If the Legislature is able to convene itself, there will be no need to avoid adjourning sine die. 4. The proposed amendment contains sufficient safeguards against any potential abuse of power by limiting the subjects of legislation to be considered during a special session to those listed in the petition, just as a special session called by the Governor is limited to the subjects listed in the Governor's proclamation. Statements AGAINST the Proposed Amendment 1. The Legislature has conducted its business for over 130 years without needing the ability to call itself into special session. This constitutional amendment is not necessary because the Governor has called and can continue to call the Legislature into a special session when necessary. Passing this amendment would remove a check and balance from the Idaho Constitution. 2. The Idaho Legislature is a part-time citizen legislature. The proposed amendment provides no limitations on how often special sessions may be called or how long they may last. Idaho should not move toward having a full-time legislature, and Idaho's part-time citizen legislators with other careers should not be burdened with sudden, unpredictable special sessions. 3. Idaho businesses and citizens need the stable, predictable, and routine timeline of the regular legislative session to communicate with legislators regarding the effects that pending legislation may have on businesses and citizens. The ability of the Legislature to convene itself into various special sessions may result in the passage of legislation that has not been properly vetted and could result in unintended consequences for Idaho businesses and citizens. 4. The proposed amendment requires a petition signed by only 60% of the members of each house of the Legislature. This threshold is too low. Many states require a higher percentage, such as 67% or 75%. A higher percentage would deter the Legislature from convening itself for subjects that may be trivial, vague, or not widely agreed upon. Amendment Text Section 8. SESSIONS OF THE LEGISLATURE. (1) The regular sessions of the legislature must be held annually at the capital of the state, commencing on the second Monday of January of each year, unless a different day shall have been appointed by law, and at other times in extraordinary sessions when convened by the governor and in organizational sessions commencing on the first Thursday of December after the general election, unless a different day shall have been appointed by law. (2) The legislature, while remaining a part-time, citizen legislature, must also be convened in special session by the president pro tempore of the senate and the speaker of the house of representatives upon receipt of a joint written petition of at least sixty percent of the membership of each house, specifying the subjects to be considered. Such special session must commence no later than fifteen days after the petition is received by the president pro tempore of the senate and the speaker of the house of representatives. At a special session convened pursuant to this section, the legislature shall have no power to consider or pass any bills or resolutions on any subjects other than those specified in the petition and those necessary to provide for the expenses of the session. Legal#4253 AD#560632 September 27, October 18, November 1, 2022

PUBLIC NOTICE OF INTENT TO PROPOSE OR PROMULGATE NEW OR CHANGED AGENCY RULES The following agencies of the state of Idaho have published the complete text and all related, pertinent information concerning their intent to change or make the following rules in the latest publication of the state Administrative Bulletin. The proposed rule public hearing request deadline is November 16, 2022, unless otherwise posted. The proposed rule written comment submission deadline is November 23, 2022, unless otherwise posted. (Temp & Prop) indicates the rulemaking is both Temporary and Proposed. (*PH) indicates that a public hearing has been scheduled. IDAPA 21 - IDAHO DIVISION OF VETERANS SERVICES 351 Collins Rd, Boise, ID 83702 21-0101-2201, Rules Governing Admission, Residency, and Maintenance Charges in Idaho State Veterans Homes and Division of Veterans Services Administrative Procedure. Rulemaking accurately comports rule with the Unclaimed Property Act in state statute regarding an eligible applicant's assignment of assets upon death, discharge, or voluntary departure; and clarifies rights of a resident for notices of transfer, discharge, or denial of an application for residency. NOTICE OF ADOPTION OF TEMPORARY RULE ONLY IDAPA 08 - STATE BOARD OF EDUCATION 08-0203-2203, Rules Governing Thoroughness Please refer to the Idaho Administrative Bulletin November 2, 2022, Volume 22-11, for the notices and text of all rulemakings, proclamations, negotiated rulemaking and public hearing information and schedules, executive orders of the Governor, and agency contact information. Issues of the Idaho Administrative Bulletin can be viewed at Office of the Administrative Rules Coordinator, Division of Financial Management, PO Box 83720, Boise, ID 83720-0032 Phone: 208-334-3900; Email: Legal#4300 AD#568823 November 1, 2022

NOTICE TO CREDITORS CASE NO.: CV40-22-0476 IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF SHOSHONE IN THE MATTER OF THE ESTATE OF MITCHELL DAVID KILLEBREW DECEASED. NOTICE IS HERBY GIVEN that Christina F. Heimbigner has been appointed Personal Representative for the Estate of the above-named Decedent. All persons having claims against the Decedent or the Estate are required to present their claims within four (4) months after the date of the first publication of this Notice 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 14 day of October, 2022 RATHDRUM & POST FALLS ESTATE PLANNING By:/s/Kurt Schwab, Attorney for Christina F. Heimbigner ISBN: 9210 POST FALLS ESTATE PLANNING RATHDRUM ESTATE PLANNING P.O. Box 1310 Rathdrum, Idaho 83858 Ph. 208.508.1930 For Service: Legal#4293 AD#567821 October 25, November 1, 8, 2022

NOTICE OF HEARING ON NAME CHANGE Case No. CV40-22-548 IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF SHOSHONE IN RE: Lori Ann Kolczak, A petition to change the name of Lori Ann Kolczak, now residing in the City of Osburn, State of Idaho, has been filed in the District Court in Shoshone County, Idaho. The name will change to Lori Ann Zeimet. The Reason for the change in name is: Divorce, with last name change to stepfather's last name. He was my actual father for mywholelife. My birth father was not. A hearing on the petition is scheduled for 10:00 o'clock a.m. on 11/28/22 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: October 13, 2022 /s/Tamie EberhardCLERK OF THE DISTRICT COURT /s/Gail Elliot Deputy Clerk Legal#4281 AD#566813 October 18, 25, November 1, 8, 2022

NOTICE OF FORECLOSURE SALE No. CV40-21-0549 Date of Sale: 11/15/2022 Time of Sale: 10:00 am Place of Sale: 700 Bank St, Wallace ID L&A Case No. 20.77578.3/KF IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF SHOSHONE HMC ASSETS, LLC, a California limited liability company, Plaintiff, v. MICHAEL J. CATLETT, an unmarried person, JOHN C. BURMEISTER and ILSA BURMEISTER, a married couple, STACY W. MAIER and JODY R. MAIER, a married couple, and DOES 1-10 as individuals with an interest in the real property commonly be known as 244 Palo Road, Kingston, ID 83839: Defendants. The following described property will be sold at public auction to the highest bidder, payable in lawful money to the United States at the time of the sale, at the front entrance of the Shoshone County Courthouse 700 Bank Street, Wallace, ID 83873, on November 15, 2022, at 10:00 am of said day, for the purpose of foreclosing a Deed of Trust as described in the Order of Reformation and Foreclosure and Judgment entered in this case: A parcel of land located in -government Lot 6, of Section 8, Township 49 North, Range 2 East, Boise Meridian, Shoshone County, Idaho. Said parcel being the remainder of the parcel described under instrument number 446298 Shoshone County records after the adjustment to the west boundary as recorded in instrument number 455868 and adjoins the parcel that is described under instrument number 479351. The origin of these parcels was found in Shoshone County records on a map made by Kenneth Preston which created 10 Tracts along the south bank of the North Fork of Coeur d'Alene River. The record of survey recorded under instrument number 4534098 recorded in 2014 found monuments believed to be set by the original surveyor. The following description used this record of survey as its basis. The bearings and distance listed here as record are as shown on the original survey by Preston and on the deed of record. Beginning at corner 1 being a calculated position for the northeast corner of Tract 10 from whence the North Quarter Corner of said Section 8, bears North 18°51'56" East a distance of 897.05 feet (shown of record as North 10° 35' 6" East, 895.76 feet); Thence North 79°36'13" East on the northerly line of Tracts 8-9 a distance of 96.29 feet (shown as North 76°54.1' East, 96.02 feet) to a 5/8" iron rod with yellow plastic cap marked "TATE PLS 4997", said point being the northwest corner of that parcel described in instrument number 479351, Shoshone County records; Thence South 22°30'35" East a distance of 184.65 feet (shown as South 22°48' East, 186.0 feet) on the West line of said instrument number 479351 to a 5/8" iron rod with yellow plastic cap marked "TATE PLS4997", and the. North right of way of Palo Drive being a 30 foot private road; Thence South 67°32'12" West a distance of 125.75 feet on the southerly line of Tracts 8-9 and 10 (shown as South 67°12' West, 156.84 feet) to a 5/8" iron rod with yellow plastic cap marked "TATE PLS 4997", being the southeast corner of boundary line adjustment recorded under instrument number 455868, from which the original southwest corner of Tract 10 extended South 67°32'12" West a distance of 31.10 feet; Thence North 24°15'21" West a distance of 213.03 feet on the easterly line of said boundary line adjustment to a 5/8" iron rod with yellow plastic cap marked "TATE PLS 4997", being the northwest corner of Tract 10; Thence North 79°36'13" East a distance of 38.96 feet (shown as North 76°54.1' East, 38.81 feet) to the Point of Beginning. Containing 0.664 acres more or less and being subject to easements and conditions of record or in view. The street address of the property is 244 Palo Road, Kingston, ID 83839, located in Shoshone County, Idaho. The undersigned disclaims any liability for the error in the street address. The Deed of Trust is dated July 23, 2011, and was executed by Michael J. Catlett ("Defendants") in favor of Wells Fargo Bank, N.A. and was recorded as Instrument No. 463680 with the Shoshone County Recorder's Office, covering Defendants interest in the real property. As of August 1, 2022, the amount of the obligations secured by the real property is $270,548.23, plus interest accruing at the judgment rate from August 1, 2022 until paid, and all accruing costs and fees. The successful bidder, other than HMC Assets, LLC, which will bid on its credit, must be prepared to pay the entire amount of its bid, in certified funds, at the time of sale. Payment may be made only in the form of a cashier's check drawn on a federally insured state of national bank or a check drawn by a federally insured credit union, savings and loan associates or savings bank. The time period for redemption of this property is six (6) months from the date of sale herein. The Sheriff, by a Certificate of Sale, will transfer right, title and interest in and to the property. The Sheriff will also give possession but does not guarantee clear title nor continue possessory right to the purchaser. DATED this 19th day of October, 2022 SHERIFF OF SHOSHONE COUNTY By: Kattie Ross NOTE: THE SHERIFF'S OFFICE DOES NOT GUARANTEE CLEAR TITLE OR GUARANTEE CONTINUED POSSESSORY RIGHTS. Legal#4289 AD#567597 October 25, November 1, 8, 2022

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