Legals September 10, 2019
ADVERTISEMENT FOR BIDS Atlas Waterfront Park FOR THE CITY OF COEUR D'ALENE Sealed BIDS for City of Coeur d'Alene 2019 Atlas Waterfront Park will be received by the City Clerk, 710 E. Mullan Avenue, Coeur d'Alene, Idaho 83814, until 2:00 p.m., Local Time, September 24, 2019. Bids will be opened in Conference Room #5 and read aloud at that time. All interested individuals are welcome to attend. All bids shall be presented or delivered under seal with a concise statement marked on the outside identifying the project to which the bid pertains. The SCOPE of the project includes clearing and grubbing, mass excavation and embankment, Suzanne Road extension, a parking lot, concrete plaza, shared-use path, sidewalks, a masonry restroom building, a pole building, an irrigation pump system, rock landscape walls, shoreline stabilization with rockery walls, beach restoration, reinforced concrete water access, wood log boom and pilings, and site irrigation and landscaping. Approximately 1,200 LF of waterline, 2,400 LF of 12" storm sewer, and 2,200 LF of 8" and 10" gravity sewer will also be installed. Bid forms, Bidder's instructions, specifications, and Contract forms are available at the Customer Service Center at City Hall. A non-refundable fee will be charged for each set. -Or- Plans and Specifications, bid forms, forms of agreement, etc., may be obtained by general contractors, sub-contractors and suppliers at www.CityofCDAPlanRoom.com. Complete bidding documents for this project are available in electronic form only. A Public Works Contractor License for the State of Idaho is required to bid on this work. All bids shall contain one of the following forms of Bidders security in an amount equal to 5% of the total Bid amount, made payable to the City: a) Bidder's Bond executed by a surety company qualified to conduct business in the State of Idaho, b) Certified Check, c) Cashier's Check, or d) Cash. The City, in accordance with Title VI of the Civil Rights Act of 1964, 78 stat. 252, 42 U.S.C. 2000d to 2000d-4 and the Regulations, notifies all bidders that it will ensure that disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex. Prevailing wages are NOT required for this project. The City of Coeur d'Alene reserves the right to reject any or all bids. A non-mandatory pre-bid walkthrough is scheduled for Friday, September 13, 2019 at 9:00 a.m. Interested parties shall meet at the City of Coeur d'Alene, Conference Room #6, 710 E. Mullan Avenue, Coeur d'Alene, ID 83814. Date: August 29, 2019 Renata McLeod, City Clerk CDA LEGAL 2315 AD# AUGUST 29, SEPTEMBER 10, 2019
SUMMARY OF COEUR D'ALENE ORDINANCE NO. 3640 AN ORDINANCE AMENDING SECTIONS 5.68.040, 5.68.050, 5.68.060, 5.68.100, 5.68.110, AND 5.68.130 OF THE MUNICIPAL CODE OF THE CITY OF COEUR D'ALENE, KOOTENAI COUNTY, IDAHO; AMENDING THE TITLE OF SECTION 5.68.100; ADDING A NEW SECTION, 5.68.103, TO THE COEUR D'ALENE MUNICIPAL CODE; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE PUBLICATION OF A SUMMARY; AND PROVIDING FOR AN EFFECTIVE DATE. THE FULL TEXT OF THE SUMMARIZED ORDINANCE NO. 3640 IS AVAILABLE AT COEUR D'ALENE CITY HALL, 710 E. MULLAN AVENUE, COEUR D'ALENE, IDAHO 83814 IN THE OFFICE OF THE CITY CLERK. Renata McLeod, City Clerk CDA LEGAL 2393 AD# 325420 SEPTEMBER 10, 2019
ORDINANCE NO. 3641 AN ORDINANCE ENTITLED "THE ANNUAL APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2019," APPROPRIATING THE SUM OF $97,303,279 TO DEFRAY THE EXPENSES AND LIABILITIES OF THE CITY OF COEUR D'ALENE FOR SAID YEAR; LEVYING A SUFFICIENT TAX UPON THE TAXABLE PROPERTY WITHIN SAID CITY FOR GENERAL REVENUE PURPOSES FOR WHICH SUCH APPROPRIATION IS MADE; LEVYING SPECIAL TAXES UPON THE TAXABLE PROPERTY WITH SAID CITY FOR SPECIAL REVENUE PURPOSES WITHIN THE LIMITS OF SAID CITY OF COEUR D'ALENE, IDAHO; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED by the Mayor and City Council of the City of Coeur d'Alene, Kootenai County, Idaho: Section 1 That the sum of $97,303,279 be and the same is hereby appropriated to defray the necessary expenses and liabilities of the City of Coeur d'Alene, Kootenai County, Idaho, for the fiscal year beginning October 1, 2019. Section 2 That the objects and purposes for which such appropriations are made are as follows: GENERAL FUND EXPENDITURES: Mayor and Council $265,825 Administration 216,721 Finance Department 1,197,516 Municipal Services 1,820,374 Human Resources 400,519 Legal Department 1,291,857 Planning Department 973,288 Building Maintenance 675,981 Police Department 15,974,160 Fire Department 10,575,497 General Government 125,750 Streets / Engineering 5,039,108 Parks Department 2,497,538 Recreation Department 761,988 Building Inspection 963,810 TOTAL GENERAL FUND EXPENDITURES: $42,779,932 SPECIAL REVENUE FUND EXPENDITURES: Library Fund $1,785,766 Community Development Block Grant 597,467 Impact Fee Fund 360,000 Parks Capital Improvements 564,500 Annexation Fee Fund 99,000 Cemetery Fund 369,627 Cemetery Perpetual Care Fund 191,500 Jewett House 28,853 Reforestation/Street Trees/Community Canopy 111,000 Public Art Funds 369,300 TOTAL SPECIAL FUNDS: $4,477,013 ENTERPRISE FUND EXPENDITURES: Street Lighting Fund $706,000 Water Fund 14,621,311 Wastewater Fund 16,672,037 Water Cap Fee Fund 3,900,000 WWTP Cap Fees Fund 1,250,000 Sanitation Fund 3,959,644 City Parking Fund 1,375,011 Drainage Fund 1,821,546 TOTAL ENTERPRISE EXPENDITURES: $44,305,549 FIDUCIARY FUNDS: $3,250,041 STREET CAPITAL PROJECTS FUNDS: 1,611,812 DEBT SERVICE FUNDS: 878,932 GRAND TOTAL OF ALL EXPENDITURES: $97,303,279 Section 3 That a General Levy of $21,160,045 on all taxable property within the City of Coeur d'Alene be and the same is hereby levied for general revenue purposes for the fiscal year commencing October 1, 2019. Section 4 That a Special Levy upon all taxable property within the limits of the City of Coeur d'Alene in the amount of $2,622,548 is hereby levied for special revenue purposes for the fiscal year commencing October 1, 2019. Section 5 The provisions of this ordinance are severable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this ordinance or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this ordinance would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the ordinance or part thereof is held inapplicable had been specifically exempt there from. Section 6 This ordinance shall take effect and be in full force upon its passage, approval and publication in one (1) issue of the Coeur d'Alene Press, a newspaper of general circulation published within the City of Coeur d'Alene and the official newspaper thereof. APPROVED by this Mayor this 3rd day of September, 2019. Steve Widmyer, Mayor CDA LEGAL 2396 AD# 325667 SEPTEMBER 10, 2019
NOTICE OF INTENT TO SUBMIT STATE PLAN AMENDMENT AND SOLICITATION OF PUBLIC INPUT Pursuant to 42 C.F.R. § 447.205, the Idaho Department of Health and Welfare Division of Medicaid (Department) provides public notice of its intent to submit a State Plan Amendment (SPA) to the Centers for Medicare and Medicaid Services (CMS) to update the payment policy for facilities operated by Indian Health Services (IHS) or by Tribes. PROPOSED CHANGES FOR IHS/TRIBAL FACILITY PAYMENT POLICY The State Plan Amendment (SPA) will update the payment policy which affects federal funding for services received by Medicaid-eligible individuals who are Tribal Medicaid beneficiaries through facilities operated by Indian Health Services (IHS) or by Tribes. These changes will allow Tribal facilities that are enrolled as Federally Qualified Health Centers (FQHCs) to bill Idaho Medicaid for covered services on a per-visit basis whether those services are furnished at the facility, outside the facility, or by off-site providers under contract to the Tribal FQHC. Tribal FQHCs are responsible for contracting the care of their Tribal beneficiaries with the non-Tribal provider. Under the authority of section 1902(bb)(6) of the Social Security Act, IHS/Tribal facilities that are enrolled with Idaho Medicaid as a Tribal FQHC have agreed through tribal consultation to be paid using an Alternative Payment Methodology (APM) that is the all-inclusive rate (AIR) for services published annually in the Federal Register. Tribal FQHCs may bill the appropriate number of payable daily encounters based on the services that members receive. This change is intended to help Idaho, the IHS, and Tribes to improve healthcare delivery systems for Tribal Medicaid beneficiaries by increasing access to care, strengthening continuity of care, and improving population health. The effective date is October 1, 2019. ESTIMATE OF EXPECTED CHANGE IN ANNUAL AGGREGATE EXPENDITURES There is no expected increase or decrease in annual aggregate expenditures. LOCATIONS FOR PUBLIC REVIEW OF PROPOSED STATE PLAN AMENDMENT Ada County DHW Region 4, 1720 Westgate Drive, Boise, ID 83704 Central District Health Department, 707 North Armstrong Place, Boise, ID 83704 Adams County Adams County Clerk's Office, 201 Industrial Avenue, Council, ID 83612 Bannock County DHW Region 6, 1070 Hiline, Pocatello, ID 83201 Southeastern Idaho Public Health, 1901 Alvin Ricken Drive, Pocatello, ID 83201 Bear Lake County Southeastern Idaho Public Health, 455 Washington, Suite #2, Montpelier, ID 83254 Benewah County Panhandle Health District, 137 N 8th Street, St Maries, ID 83861 Bingham County DHW Region 6, 701 East Alice, Blackfoot, ID 83221 Southeastern Idaho Public Health, 145 W Idaho Street, Blackfoot, ID 83221 Blaine County South Central Public Health, 117 East Ash Street, Bellevue, ID 83313 Boise County Boise County Clerk's Office, 420 Main Street, Idaho City, ID 83631 Bonner County DHW Region 1, 207 Larkspur Street, Ponderay, ID 83852 Panhandle Health District, 2101 W. Pine Street, Sandpoint, ID 83864 Bonneville County DHW Region 7, 150 Shoup Avenue, Idaho Falls, ID 83402 Eastern Idaho Public Health, 1250 Hollipark Drive, Idaho Falls, ID 83401 Boundary County Panhandle Health District, 7402 Caribou Street, Bonners Ferry, ID 83805 Butte County Southeastern Idaho Public Health, 178 Sunset Drive, Arco, ID 83213 Camas County Camas County Clerk's Office, 501 Soldier Road, Fairfield, ID 83327 Canyon County DHW Region 3, 3402 Franklin Road, Caldwell, ID 83605 Southwest District Health, 13307 Miami Lane, Caldwell, ID 83607 Caribou County Southeastern Idaho Public Health, 55 East 1st South, Soda Springs, ID 83276 Cassia County DHW Region 5, 2241 Overland Avenue, Burley, ID 83318 Clark County Eastern Idaho Public Health, 332 West Main, Dubois, ID 83423 Clearwater County North Central Health District, 105 115th Street, Orofino, ID 83544 Custer County Eastern Idaho Public Health, 1050 N. Clinic Road, Suite A, Challis, ID 83226 Elmore County DHW Region 4, 2420 American Legion Blvd., Mountain Home, ID 83647 Central District Health Department, 520 E. 8th Street N, Mountain Home, ID 83647 Franklin County DHW Region 6, 223 North State, Preston, ID 83263 Southeastern Idaho Public Health, 50 West 1 St. South, Preston, ID 83263 Fremont County Eastern Idaho Public Health, 45 South 2nd West, St. Anthony, ID 83445 Gem County Southwest District Health, 1008 East Locust, Emmett, ID 83617 Gooding County South Central Public Health, 255 North Canyon Drive, Gooding, ID 83330 Idaho County DHW Region 2, Camas Resource Center, 216 South C Street, Grangeville, ID 83530 North Central Health District, 903 W Main, Grangeville, ID 83530 Jefferson County Eastern Idaho Public Health, 380 Community Lane, Rigby, ID 83442 Jerome County South Central Public Health, 951 East Avenue H, Jerome, ID 83338 Kootenai County DHW Region 1, 1120 Ironwood Drive, Coeur d'Alene, ID 83814 Panhandle Health District, 8500 N. Atlas Road, Hayden, ID 83835 Latah County DHW Region 2, 1350 Troy Highway, Moscow, ID 83843 North Central Health District, 333 E Palouse River Drive, Moscow, ID 83843 Lemhi County DHW Region 7, 111 Lillian Street, Suite 104, Salmon, ID 83467 Eastern Idaho Public Health, 801 Monroe, Salmon, ID 83467 Lewis County North Central Health District, 132 N Hill Street, Kamiah, ID 83536 Lincoln County South Central Public Health, Lincoln County Community Center, 201 South Beverly St., Shoshone, ID 83352 Madison County DHW Region 7, 333 Walker Drive, Rexburg, ID 83440 Eastern Idaho Public Health, 314 North 3rd East, Rexburg, ID 83440 Minidoka County South Central Public Health, 485 22nd Street, Heyburn, ID 83336 Nez Perce County DHW Region 2, 1118 F Street, Lewiston, ID 83501 North Central Health District, 215 10th Street, Lewiston, ID 83501 Oneida County Southeastern Idaho Public Health, 175 South 300 East, Malad, ID 83252 Owyhee County Southwest District Health, 132 E. Idaho, Homedale, ID 83628 Payette County DHW Region 3, 515 N. 16th Street, Payette, ID 83661 Southwest District Health, 1155 Third Avenue North, Payette, ID 83661 Power County Southeastern Idaho Public Health, 590 1/2 Gifford, American Falls, ID 83211 Shoshone County DHW Region 1, 35 Wildcat Way, Suite B, Kellogg, ID 83837 Panhandle Health District, 114 Riverside Avenue W, Kellogg, ID 83837 Teton County Eastern Idaho Public Health, 820 Valley Centre Drive, Driggs, ID 83422 Twin Falls County DHW Region 5, 601 Pole Line Road, Twin Falls, ID 83301 South Central Public Health, 1020 Washington Street North, Twin Falls, ID 83301 Valley County Central District Health Department, 703 1st Street, McCall, ID 83638 Washington County Southwest District Health, 46 West Court, Weiser, ID 83672 PUBLIC COMMENT The Department is accepting written and recorded comments regarding the proposed SPA for a period of at least 30 calendar days. Any persons wishing to provide input may submit comments. Comments must be received by the Department within thirty (30) days of the posting of this notice, and must be sent using one of the following methods: *Send Email Comments To: [email protected] *Call and Leave Recorded Comments At: (208)-287-1175 *Send Fax Comments To: 1-208-287-1170 *Mail Comments To: Medicaid Central Office, Idaho Department of Health and Welfare, PO Box 83720, Boise, ID 83720-0036 Attn: KayLee Leavitt Hand Deliver Comments During Regular Business Hours (M-F from 8AM to 5PM, except holidays) To: Medicaid Central Office, Idaho Department of Health and Wel- fare, 3232 Elder Street, Boise, ID 83705 Attn: KayLee Leavitt The Department will review all comments received prior to submitting the SPA to CMS. PUBLIC HEARING No public hearings have been scheduled at this time. QUESTIONS For technical questions or to review the changes, call KayLee Leavitt at (208) 287-1175, or e-mail the request to [email protected]. CDA LEGAL 2398 AD# 325674 SEPTEMBER 10, 2019
NOTICE OF BUDGET HEARING NOTICE IS HEREBY GIVEN that the Joint Powers Board of the Kootenai County Emergency Medical Services System will hold a public hearing on the 2018-2019 fiscal year proposed amended budget as part of their regularly scheduled meeting on September 26th, 2019 at 3:00 PM at the Kootenai County EMS Administrative Building, located at 4381 W. Seltice Way, Coeur d'Alene, Idaho. The budget may be examined prior to the hearing date at the same address Monday through Thursday, 7:30 a.m. to 4:00 p.m. and Friday 7:30 a.m. to 3:00 p.m. PROPOSED AMENDED BUDGET FOR 2018-2019 FISCAL YEAR FY2019 Original FY2019 Amended Change Anticipated Revenue: Insurance/Restitution Proceeds - 300,061 300,061 Grant Revenue - 19,810 19,810 Tax Revenue 2,797,235 2,797,235 - Ambulance Service Revenue 5,477,639 5,477,639 - Contract Revenue 16,000 16,000 - Interest & Other Revenue 40,500 40,500 - Total Anticipated Revenue: 8,331,375 8,651,246 319,871 Anticipated Expenses: Service Contracts & Subsidies 5,288,433 5,288,433 - Bad Debt Write-off 683,047 683,047 - Billing & Collection Contracts 242,435 242,435 - Medical Supplies 263,200 263,200 - Personnel Expenses 832,057 832,057 - Education & Training 67,100 67,100 - Vehicle Operation & Maintenance Exp. 186,000 186,000 - Administrative & Other Expenses 222,252 222,252 - Capital & Equipment Expenditures 546,852 866,723 319,871 Total Anticipated Expenses: 8,331,375 8,651,246 319,871 Dated September 10th, 2019 Tracy Abrahamson Director of Admin / Treasurer CDA LEGAL 2325 AD# 323307 SEPTEMBER 10, 2019
NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Kootenai County Board of County Commissioners will conduct a public hearing at or after the hour of 9:00 am on October 10, 2019 in the Boardroom of Kootenai County Administration Building at 451 Government Way, Coeur d'Alene, Idaho, to consider the following Case No. ZON19-0006, Spokane Roofing Company, LLC to complete a Zone Change from Agricultural to Light Industrial on a 16.747 acre parcel of land. The parcel number is 50N05W-06-3200. The parcel is described as: Tax # 15836 [IN NW-NW] in Section 06, Township 50 North, Range 05 West, B. M., Kootenai County, ID. Southeast of the intersection of Bedrock Road and Beck Road. The Hearing Examiner held a public hearing on August 15, 2019 and recommended approval. Written comments must be received ten (10) days prior to the date of hearing. If you require special accommodations, please contact the Kootenai County Community Development seven (7) days prior to the public hearing. Additional information may be obtained from the Kootenai County Community Development located at 451 Government Way, P.O. Box 9000, Coeur d'Alene, Idaho 83816-9000, (208) 446-1070. CDA LEGAL 2380] AD# 325202 SEPTEMBER 10, 2019
ORDINANCE NO. 544 CASE NO. ZON19-0005 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF KOOTENAI COUNTY BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY WITHIN THE UNINCORPORATED AREA OF KOOTENAI COUNTY, IDAHO; REPEALING ALL ZONING MAP PROVISIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Kootenai County Hearing Examiner held a duly-noticed public hearing on June 20, 2019 for Case No. ZON19-0005 and made a recommendation of approval on said application; and WHEREAS, the Kootenai County Board of Commissioners held a public hearing on August 15, 2019 for the same request after receiving the recommendation of approval from the Hearing Examiner and issuing an Order evidencing the reasons for approval; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Kootenai County, Idaho: SECTION 1. AMENDMENT OF ZONING MAP Case No. ZON19-0005, Robert Pickering to complete a Zone Change from Agricultural to Rural on approximately 10 acres of land. Access to the property is from Bodine Avenue, a public road maintained by the Post Falls Highway District. The property is located within the shared tier of the Coordinated Area of City Impact of Cities of Hayden. Post Falls and Rathdrum. The parcel number is 51N05W-21-4410. The parcel is described as: SW-SE-NW (FKA TR 27 GREENACRES PLAT 4] in Section 21, Township 51N, Range 05W B.M. Kootenai County Idaho. The subject site is located at 13989 W. Bodine Avenue, Post Falls, Idaho 83854. SECTION 2. REPEAL OF CONFLICTING PROVISIONS Any previous zoning classification for lands described in Section 1 of this Ordinance is hereby repealed. SECTION 3. PROVIDING AN EFFECTIVE DATE This Ordinance shall take effect and be in full force upon its passage, approval, and publication in one (1) issue of the Coeur d'Alene Press. Dated this 5th day of September, 2019 by the following vote: BY ORDER OF THE KOOTENAI COUNTY BOARD OF COMMISSIONERS /s/ Chris Fillios, Chair /s/ Leslie Duncan, Commissioner /s/ Bill Brooks, Commissioner ATTEST: JIM BRANNON, CLERK /s/ Sandi Gilbertson BY: DEPUTY CLERK CDA LEGAL 2389 AD# 325372 SEPTEMBER 10, 2019
NOTICE TO CREDITORS IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI STEVEN R. McTIGHE Deceased. CASE NO. CV28-19-1668 NOTICE IS HEREBY GIVEN that the undersigned 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 (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 5th day of March, 2019. /s/ MERRITT H. WEESE C/O Kenneth T. Jacobsen Attorney at Law P.O. Box 1116 Coeur d'Alene, ID 83816 208-664-8258 CDA LEGAL 2397 AD# 325684 SEPTEMBER 10, 17, 24, 2019
NOTICE TO CREDITORS IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI IN THE MATTER OF THE ESTATE OF CAROLE ROMEY, DECEDENT. CASE NO. CV28-19-5790 Notice is hereby given that Teresa Newins has been appointed as the personal representative of the above-named Decedent. Pursuant to Chapter 3, Title 15 of the Idaho Code, all persons having claims against the Decedent or the Decedent's 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 personal representative at the address listed below and filed with the Clerk of the Kootenai County District Court, 451 Government Way, P.O. Box 9000, Coeur d'Alene ID 83816-9000, Telephone: (208) 446-1180. Dated this 22 Day of August, 2019. /s/ Teresa Newins as Personal Representative c/o Kinzo H. Mihara, Esq., Mihara Law Pllc, 923 N. Third Street, Coeur d'Alene, Idaho 82814 Tel.: (208) 292-4883 Fax: (208) 620-2200 Email: [email protected] CDA LEGAL 2293 AD# 321675 AUGUST 27, SEPTEMBER 3, 10, 2019
NOTICE TO CREDITORS IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI IN THE MATTER OF THE ESTATE OF RHONDA J. CARD, DECEDENT. CASE NO. CV28-19-6016 Notice is hereby given that Gwen Dyson has been appointed as the personal representative of the above-named Decedent. Pursuant to Chapter 3, Title 15 of the Idaho Code, all persons having claims against the Decedent or the Decedent's 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 personal representative at the address listed below and filed with the Clerk of the Kootenai County District Court, 451 Government Way, P.O. Box 9000, Coeur d'Alene ID 83816-9000, Telephone: (208) 446-1180. Dated this 23rd Day of August, 2019. /s/ Gwen Dyson as Personal Representative c/o Kinzo H. Mihara, Esq., Mihara Law Pllc, 923 N. Third Street, Coeur d'Alene, Idaho 82814 Tel.: (208) 292-4883 Fax: (208) 620-2200 Email/iCourt: [email protected] CDA LEGAL 2294 AD# 321735 AUGUST 27, SEPTEMBER 3, 10, 2019
NOTICE OF TRUSTEE'S SALE TS No: ID-19-863787-RM NOTICE IS HEREBY GIVEN that on 1/2/2020, at the hour of 10:00 AM of said day, Veteran's Memorial Plaza North Entrance Admin Building 451 N Government Way Coeur d'Alene ID 83815 , said Trustee will sell at public auction to the highest bidder, for cash in lawful money of the United States of America, all payable at the time of sale, the following described real property situated in the County of KOOTENAI, State of Idaho, and described as follows, to-wit: A TRACT OF LAND SITUATED IN SECTION 34, TOWNSHIP 49 NORTH, RANGE 1 EAST, B.M., SHOSHONE COUNTY, STATE OF IDAHO MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE TRACT FROM WHENCE THE NORTHWEST CORNER OF SECTION 34, TOWNSHIP 49 NORTH, RANGE 1 EAST, B.M., BEARS NORTH 26°45'07" WEST, 3652.61 FEET DISTANT; THENCE NORTH 69°25'14" EAST, 100.00 FEET DISTANT TO A POINT; THENCE SOUTH 20°34'46" EAST, 75.00 FEET DISTANT TO A POINT; THENCE SOUTH 69°25'14" WEST, 100 FEET DISTANT TO A POINT; THENCE NORTH 20°34'46" WEST, 75.00 FEET DISTANT TO THE POINT OF BEGINNING. THE BEARINGS AS SHOWN ABOVE ARE FROM THE IDAHO PLAN COORDINATE SYSTEM, WEST ZONE. TO CONVERT TO THE GEODETIC BEARINGS, A CORRECTION OF 0°24'40" MUST BE ADDED TO ALL NORTHWEST AND SOUTHEAST BEARINGS AND SUBTRACTED FROM ALL NORTHEAST AND SOUTHWEST BEARINGS. The current trustee is Robert W. McDonald, Esq, whose address is 108 1st Ave. South, Suite 202, Seattle, Washington 98104 and who can be reached by telephone at (866) 925-0241. The Trustee has no knowledge of a more particular description of the above-described real property, but for purposes of compliance with Idaho Code Section 60-113, the Trustee has been informed that the street address of 86 REED RD, CATALDO, ID 83810 may sometimes be 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 made and entered into on 9/20/2005, by and among DANNY J. CARNEY AND AMY J. CARNEY, HUSBAND AND WIFE, as Grantor, and ALLIANCE TITLE AND ESCROW CORP, as Trustee, and CITIFINANCIAL, INC. , as Beneficiary; said Deed of Trust having been filed of record on 9/22/2005, as Instrument No. 426095 and unrecorded loan modification dated 10/27/2010 and unrecorded loan modification dated 1/16/2009 and unrecorded loan modification dated 2/26/2010 and unrecorded loan modification dated 3/30/2017 and unrecorded loan modification dated 8/8/2007 Official Records of KOOTENAI County, Idaho. The naming of the above Grantor(s) is done to comply with Idaho Code Sections 45-1506(4)(a); no representation is made as to the responsibility of Grantor(s) for this obligation. The default for which this sale is to be made is: The monthly installment of $464.08, which may include principal, interest and escrow, due on 3/1/2019, and all subsequent installments of principal and interest through the date of this Notice, plus amounts that are due for late charges, delinquent property taxes, insurance premiums, advances made on senior liens, taxes and/or insurance, trustee's fees, and any attorney fees and court costs arising from or associated with the beneficiaries efforts to protect and preserve its security, all of which must be paid as a condition of reinstatement, including all sums that shall accrue through reinstatement or pay-off. Nothing in this notice shall be construed as a waiver of any fees owing to the Beneficiary under the Deed of Trust pursuant to the terms of the loan documents. The balance due and owing as of the date hereof on the obligation secured by said Deed of Trust is the amount of $112,525.42 in principal; plus accrued interest at the rate of 5.2720 percent per annum from 3/1/2019 adjusting, if at all, pursuant to the terms of the note; plus service charges, late charges, and any other costs or expenses associated with this foreclosure as provided by the Deed of Trust or Deed of Trust Note, or by Idaho law. Dated this 21st day of August, 2019. Robert W. McDonald, Esq, Trustee By: TS No: ID-19-863787-RM IDSPub #0156162 8/27/2019 9/3/2019 9/10/2019 9/17/2019 CDA LEGAL 2295 AD# 321742 AUGUST 27, SEPTEMBER 3, 10, 17, 2019
NOTICE TO CREDITORS IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI In the Matter of the Estate of DONALD K. MERKELEY , Deceased. Probate Case No. CV28-19-1526 NOTICE IS HEREBY GIVEN that JEFFREY G. MERKLEY has been appointed Personal Representative for 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 to Creditors, 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 22nd day of August, 2019. /s/ RICHARD P. WALLACE Attorney for Personal Representative Jeffrey G. Merkley Attorney at Law 1900 Northwest Blvd, Ste 106 Coeur d'Alene, ID 83814 CDA LEGAL 2290 AD# 321560 AUGUST 27, SEPTEMBER 3, 10, 2019
NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI NORTH IDAHO BUILDING CONTRACTORS ASSOCIATION, an Idaho non-profit corporation; TERMAC CONSTRUCTION, INC., an Idaho corporation, on behalf of itself and all others similarly situated; and JOHN DOES 1-50, whose true names are unknown. Plaintiffs, vs. CITY OF HAYDEN, an Idaho municipality, Defendant. Case No. CV 12-2818 NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION PLEASE READ THIS NOTICE CAREFULLY AND IN ITS ENTIRETY. YOUR RIGHTS MAY BE AFFECTED BY PROCEEDINGS IN THIS ACTION. TO: ALL CLASS MEMBERS WHO PAID THE CITY OF HAYDEN A "SEWER CAPITALIZATION FEE" BETWEEN THE DATES OF APRIL 12, 2010 AND MARCH 4, 2016. This Notice is issued pursuant to Rule 77 of the Idaho Rules of Civil Procedure and an Order of the District Court of the First Judicial District in and for the County of Kootenai (the "Court"). The purpose of this Notice is to inform you of: (a) the pendency of a proposed settlement of the above captioned class action before the Honorable Cynthia K.C. Meyer (the "Action"); (b) the general details of the terms of the proposed settlement, (c) your right to object to the settlement and/or be excluded from the Class. If you paid the Sewer Capitalization Fee noted above between April 12, 2010 and March 4, 2016, both dates inclusive, and have not previously requested exclusion, you are a member of the Class. As a Class Member, you will be bound by the result of the settlement of the Action, any judgment entered by the Court, and any determination made by the Court, unless you timely deliver a request for exclusion, as described below, postmarked or delivered no later than 5:00 PM on September 12, 2019 (6 days prior to the hearing stated below). DESCRIPTION OF THE ACTION Summary of the Action The Plaintiffs in this action are NORTH IDAHO BUILDING CONTRACTORS ASSOCIATION, INC. and TERMAC CONSTRUCTION, INC., whom the Court has appointed to represent the Class. The Amended Complaint ("Complaint") filed by the Plaintiffs alleges that the City of Hayden collected an impermissible tax disguised as a user fee. The Plaintiffs and the Class are represented by Court appointed legal counsel: Jason S. Risch RISCH * PISCA, PLLC 407 West Jefferson Street Boise, Idaho 83702 Telephone: (208) 345-9929 The Defendant in this action is THE CITY OF HAYDEN. The City is represented by: Merlyn W. Clark Tyler J. Anderson Caitlin D. Kling HAWLEY TROXELL ENNIS & HAWLEY LLP 877 Main Street, Suite 1000 P.O. Box 1617 Boise, Idaho 83701 Telephone: (208) 344-6000 The Positions of the Parties The Plaintiffs claim that the Defendant's fees were illegal because the fee was not a user fee, was not based on the value of the existing system, but rather based on the costs of expanding the system to accommodate future system users, and were arbitrary, unreasonable and a source of revenue to the City. Defendant defends the fee on the basis that Idaho law permits the Defendant to use the amounts collected on improvements to and expansion of the sewer system, and that the amount of the fee was calculated in a manner that reasonably reflected the value of the service being provided to the fee payer. The parties have stipulated to a negotiated settlement whereby neither party admits any prior wrongdoing. PROPOSED SETTLEMENT The settlement negotiated by the Plaintiffs and the Defendant involves the tender of $350,000 by the City to NIBCA and other non-monetary considerations not applicable to the Class. Of this amount approximately $235,000 will be proportionally refunded to the Class Members and approximately $115,000 will be retained by NIBCA as a partial reimbursement for costs and attorneys' fees incurred in prosecuting this action (the "Settlement.") NOTICE OF HEARING The Court will hold a hearing to consider the Settlement and determine if it is fair, reasonable and adequate on September 18, 2019 at 3:00 PM or as soon thereafter as reasonable in the Kootenai County Courthouse located at 324 W Garden Ave, Coeur d'Alene, Idaho. INSTRUCTIONS TO CLASS MEMBERS A. You May Remain in the Class and Receive a Portion of the Settlement. If you fit the description of a Class Member, you have a choice whether or not to remain a member of the Class on whose behalf this Action was being maintained. If you wish to remain a Class Member, you are not required to do anything at this time. If you do nothing, you will remain a Class Member and will be bound by the result of the settlement and any judgment or determination of the Court, whether favorable or unfavorable to Plaintiffs. If you choose to do nothing at this time a portion of the settlement amount will be recovered for you. If you choose to remain in the Class, you will not be able to pursue a lawsuit on your own with regard to any of the issues that were or could have been decided in this Action. If you remain in the Class, you are not personally responsible for any expenses or attorneys' fees. There has been a proposed settlement and you may be entitled to share in the proceeds, less costs, expenses and attorney fees as the Court may allow out of any recovery. OR B. You May Object to the Settlement. As a Class Member you also have the option to object to the proposed settlement either through your own attorney at your own expense or by providing a written objection to Class Counsel. OR C. You May Opt Out of the Class. If you do not want to be included in the Class or do not want to be legally bound by the outcome of the Action you must exclude yourself from the class. If you request exclusion, you would be entitled to pursue any individual remedy which you may have, but only at your own expense. If you desire to object or be excluded from the Class, you must state so in writing and deliver it to Class counsel at: By mail: Risch Pisca PLLC 407 West Jefferson Boise, Idaho 83702 In person:Risch Pisca PLLC 407 West Jefferson Boise, Idaho 83702 Your objection or request for exclusion must state: your desire to object or be excluded from the Class, the name and address of the person or entity objecting or requesting exclusion, the amount of fees paid (this amount may be obtained by contacting Class counsel), and the written document must be signed by that person or an authorized person on behalf of the entity objecting or requesting exclusion. Objections or Requests for exclusion must be transmitted by first class mail or overnight delivery service to Class counsel at the address stated above. DEADLINE FOR OBJECTIONS OR OPTING OUT To be effective any objection or request for exclusion must be postmarked or delivered no later than 5:00 PM on September 12, 2019. EXAMINATION OF PAPERS AND INQUIRIES For further information about the Settlement or the Action, you may contact class counsel at the addresses listed above or consult the pleadings and other papers filed in the Action at the Office of the Clerk of the Court, First Judicial District in and for the City of Kootenai, 324 W Garden Ave, Coeur d'Alene, Idaho 83814, during normal business hours of each business day. Certain information is also available online at https://www.idcourts.us/repository/start.do under the Case Number CV 12-2818. INQUIRIES SHOULD NOT BE DIRECTED TO THE COURT, THE CLERK'S OFFICE, THE DEFENDANT, OR DEFENDANT'S COUNSEL. Dated: September 5, 2019. By Order of the Court. CDA LEGAL 2394 AD# 325549 SEPTEMBER 10, 2019
T.S. No. 076063-ID Parcel No.: 084600020100 / 084600020110 NOTICE OF TRUSTEE'S SALE On 12/27/2019 at 9:00 AM (recognized local time), AUCTION.COM ROOM, LA QUINTA INN & SUITES, 333 W. IRONWOOD DRIVE, COEUR D'ALENE, ID 83814, in the County of Kootenai, SYDNEY K. LEAVITT, ESQ., a member of the State Bar of Idaho, of ALDRIDGE PITE, LLP as 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 Kootenai, State of Idaho, and described as follows, to wit: LOTS 10 AND 11, BLOCK 2, VISTA HEIGHTS, ACCORDING TO THE PLAT RECORDED IN BOOK E OF PLATS, PAGE 37, RECORDS OF KOOTENAI COUNTY, IDAHO. The Trustee has no knowledge of a more particular description of the above referenced real property, but for purposes of compliance with Idaho Code Section 60-113, the Trustee has been informed that the address of: 3682 S VISTA LOOP, COEUR D ALENE, IDAHO 83814-8722, is commonly associated with said real property. Said sale will be made without covenant or warranty, express or implied, 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 SHON WADDELL AND RAQUEL WADDELL, HUSBAND AND WIFE, as Grantor(s), to FIRST AMERICAN TITLE COMPANY, as Trustee, for the benefit and security of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., SOLELY AS NOMINEE FOR ALL AMERICAN LIBERTY MORTGAGE, ITS SUCCESSORS AND ASSIGNS, as Beneficiary, dated 7/14/2008, recorded 7/18/2008, as Instrument No. 2169222000, in Book , Page , , official records of Kootenai County, Idaho. Please note: The above named Grantors are named to comply with Idaho Code Section 45-1506(4)(a); no representation is made that they are, or are not, presently responsible for the obligation. The default for which this sale is to be made is the failure to make monthly payments when due from 6/1/2018 and all subsequent monthly payments thereafter, including installments of principal, interest, impounds, advances, plus any charges lawfully due under the note secured by the aforementioned Deed of Trust, Deed of Trust and as allowed under Idaho Law. The sum owing on the obligation secured by said Deed of Trust as of 8/8/2019 is $255,922.10 including interest, costs, fees, including trustee and/or attorney fees and costs, and expenses actually incurred in enforcing the obligation thereunder or in this sale and to protect the security associated with the Deed of Trust, as authorized in the Note, Deed of Trust or as allowed under Idaho Law. Because interest, late charges, fees, costs and expenses continue to accrue, the total amount due varies from day to day. Hence, if you pay the amount shown above, an adjustment may be necessary after receipt of funds to satisfy the debt. For further information, write the Trustee at 4375 Jutland Drive, Ste. 200, San Diego, CA 92117, or call (866)931-0036 DATED: 8/8/2019 SYDNEY K. LEAVITT, ESQ., a member of the State Bar of Idaho, of ALDRIDGE PITE, LLP LEGAL 2216 AD#319057 August 20, 27, 2019 September 3, 10, 2019