Legals for September, 24 2024
Idaho Constitutional Amendment HJR 5 Legislative Council’s Statement of Meaning, Purpose, and Result to Be Accomplished This proposed constitutional amendment provides that only Idaho residents who are citizens of the United States are eligible to vote in elections in the State of Idaho and that noncitizens are not eligible to vote in any election in the State of Idaho. Currently, Section 2, Article VI of the Constitution of the State of Idaho provides: “[e]very male or female citizen of the United States, eighteen years old, who has resided in this state, and in the county where he or she offers to vote for the period provided by law, if registered as provided by law, is a qualified elector.” This provision does not expressly prohibit noncitizens from voting. The proposed amendment adds language to provide that only United States citizens may vote in elections in the State of Idaho. Statements FOR the Proposed Amendment 1. This constitutional amendment is needed to clarify that United States citizenship is a requirement for eligibility to vote in Idaho elections because the current language does not expressly prohibit noncitizens from voting. The proposed amendment will ensure that individuals who are not citizens of the United States do not vote in any government election in the State of Idaho. 2. The amendment is also needed to clarify that the right to vote shall not be granted in the future to individuals who are not citizens of the United States. Noncitizens have been granted the right to vote in some local elections across the United States. Legislation to expand voting to noncitizens has been considered in other states and cities in the United States. 3. Allowing noncitizens to vote in Idaho elections could lead to concerns regarding election integrity and allow for foreign influence in Idaho elections. The proposed constitutional amendment will protect the State of Idaho from such issues. Statements AGAINST the Proposed Amendment 1. The proposed constitutional amendment is not needed because United States citizenship is currently required for participation in Idaho elections. Under current law, the Idaho Secretary of State requires citizenship and proof of residency with respect to individuals who register to vote, and it is a felony for an individual to provide false information on an Idaho voter registration form. Additionally, federal statute provides that it is a crime for a noncitizen to vote in any federal election. 2. Election fraud involving voting or attempts to vote by noncitizens is not a significant issue in Idaho. Adding additional language to the Idaho Constitution in an effort to solve a problem that is not occurring could inadvertently create new problems or add an additional barrier to registering to vote by new citizens and state residents. 3. The proposed amendment undermines local control of local elections. The amendment would foreclose any opportunity in the future for the Idaho Legislature or local governments in Idaho to authorize noncitizens to vote in certain elections that might directly affect their interests. Amendment Text Section 2. QUALIFICATIONS OF ELECTORS. Every male or female citizen of the United States, eighteen years old, who has resided in this state, and in the county where he or she offers to vote for the period provided by law, if registered as provided by law, is a qualified elector. No person who is not a citizen of the United States shall be a qualified elector in any election held within the state of Idaho. Legal#6381 AD#26852 September 24, October 15, 25, 2024
NOTICE OF HEARING ON NAME CHANGE (Minor) Case No. CV09-24-1386 IN THE DISTRICT COURT FOR THE 1st JUDICIAL DISTRICT FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNER IN RE: Elijah Jag Moore, A petition to change the name of Elijah Jag Moore, a minor, now residing in the City of Priest River, State of Idaho, has been filed in the District Court in BonnerCounty, Idaho. The name will change to Elijiah Jag Camp. The reason for the change in name is: want my son to have + carry on my last name. A hearing on the petition is scheduled for 11 o’clock a.m. on October 16th at the Bonner County Courthouse. Objections may be filed by any person who can show the court a good reason against the name change. Date: 9/5/2024 /s/Heather Ross CLERK OF THE DISTRICT COURT Deputy Clerk Legal#6439 AD#27602 Sept.10, 17, 24 & Oct. 1, 2024 _________________________
NOTICE OF TRUSTEES SALE T.S. No. 125405-ID Parcel No.: RPS04320120090 NOTICE OF TRUSTEE’S SALE On 1/13/2025 at 10:00 AM (recognized local time), at the BONNER COUNTY COURTHOUSE, 215 S. FIRST AVE., SANDPOINT, ID 83864, in the County of Bonner, 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 Bonner, State of Idaho, and described as follows, to wit: LOT 9 IN BLOCK 12 OF SOUTHMAYD, MCKINNEY AND WILSON’S SECOND ADDITION TO SANDPOINT, IDAHO, ACCORDING TO THE PLAT THEREOF, RECORDED IN BOOK 1 OF PLATS, PAGE 55, RECORDS OF BONNER 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: 436 S LAVINA AVE, SANDPOINT, ID 83864, 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 BRIAN MCCRUM, A MARRIED MAN, as Grantor(s), to FIDELITY NATIONAL TITLE INSURANCE CO, as Trustee, for the benefit and security of BANK OF AMERICA, N.A, as Beneficiary, dated 10/23/2009, recorded 11/12/2009, as Instrument No. 782955, official records of Bonner 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 1/1/2024 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 8/26/2024 is $110,361.59 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: 8/26/2024 /S/By: SYDNEY K. LEAVITT, ESQ., a member of the State Bar of Idaho, of ALDRIDGE PITE, LLP Legal#6460 AD#27880 Sept.17, 24 & Oct. 1, 8 2024 _________________________
NOTICE OF PUBLIC
HEARING
NOTICE IS HEREBY GIVEN that the Bonner County Commissions will hold a public hearing at 1:30 p.m. on Wednesday, October 9, 2024 in the Bonner County Administration Building 1500 Highway 2, Sandpoint, Idaho, by Zoom teleconference, and YouTube Livestream to consider the following request:
File VS0003-24 – Vacation Title 50 - Plat – Dennis McIntire The applicant is requesting to vacate the plat of 16-56N-2W PLAT OF SWSE less tax 1. The 3.874 acre property is zoned Commercial. The project
site is located off Hwy 95 in Section 16, Township 56N Range 2W, Boise-Meridian.
** Written statements must be submitted to the planning department record no later than seven (7) days prior to the public hearing. Written statements not exceeding one standard letter sized, single spaced page may be submitted at the public hearing. Statements can be sent to the Bonner County Planning Department at 1500 Highway 2, Suite 208, Sandpoint, Idaho 83864; faxed to (866) 537-4935 or e-mailed to planning@bonnercountyid.gov
NOTICE OF PUBLIC
HEARING
NOTICE IS HEREBY GIVEN that the Bonner County Commissioners will hold a public hearing at 1:30 pm on Wednesday, October 23, 2024 in the Bonner County Administration Building, 1500 Highway 2, Sandpoint, Idaho, by Zoom teleconference, and YouTube Livestream to consider the following request:
File ZC0007-24 - Zone Change - R-10 to R-5 The applicant is requesting a Zone Change from Rural 10 to Rural 5. The property is 79.445 acres and is located off Jenkins Road and Bowen Arrow Road in Section 15, Township 59 North, Range 1 West, Boise-Meridian.
File ZC0008-24 - Zone Change - Agricultural/Forestry 20, Agricultural/Forestry 10, and Alpine Village to all Alpine Village. The applicant is requesting a Zone Change on seven (7) parcels from Agricultural/Forestry 20, Agricultural/Forestry 10, and Alpine Village to all Alpine Village. The properties
have a cumulative total acreage of 1,565.44 acres. The project is located off Schweitzer Mountain Road in Sections 22, 23, 28 & 29, Township 58 North, Range 2 West, Boise-Meridian.
File ZC0009-24 - Zone Change – AF-20 to AF-10 The applicant is requesting a Zone Change from AF-20 to AF-10. The property is 20.73 acres and is located off Beare Road in Section 7, Township 54 North,
Range 4 West, Boise-Meridian.
** Written statements must be submitted to the planning department record no later than seven (7) days prior to the public hearing. Written statements not exceeding one standard letter sized, single spaced page may be submitted at the public hearing. Statments can be sent to the Bonner County Planning Department at 1500 Highway 2, Suite 208, Sandpoint, Idaho 83864; faxed to (866) 537-4935 or e-mailed to planning@bonnercountyid.gov
SUMMARY ORDINANCE NO. 177 AN ORDINANCE OF THE CITY OF PONDERAY, BONNER COUNTY, IDAHO, PROVIDING FOR THE AMENDMENT OF CITY CODE TITLE 4, CHAPTER 4, ANIMAL CONTOL TO PROHIBIT ANIMALS WITHIN THE FENCE AT THE FIELD OF DREAMS; AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PONDERAY, IDAHO: Section 1.00. amends Ponderay City Code,Title 4, Chapter 4, Subchapter 15 to provide regulations for animals within city parks, to read as follows: 4-4-15: ANIMALS IN PARKS: A. Animals shall be allowed in city parks when properly restrained as out lined in Ponderay City Code 4-4-9, except as follows: 1. All animals, except properly identified service animals. shall be prohibited from all areas at the Field of Dreams complex that are located within the fenced perimeter of the turf sports fields. Failure to comply with this requirements shall constitute a violation of this chapter and shall be subject to the penalties established at PCC 4-4-17. 2. During City events where signage indicates that animals are prohibited. Section 2.00. amends Ponderay City Code Title 4, Chapter 4, to adjust the subchapter numbering as follows to accommodate the new subsection 15 described in Section 1.00 of this document. Subchapter 16, Disturbing the Peace Subchapter 17, Penalty Section 3.00. provides for the publication and effective date of September 24, 2024 ADOPTED as an Ordinance of the City of Ponderay on the 16th day of September 2024. /s/Stephanie Peterson, City Clerk I, Louis Marshall, City Attorney of Ponderay Idaho, have reviewed the summary of Ordinance 177 and find it to be a true and complete summary of said ordinance that provides adequate notice to the public of the contents thereof. /s/Louis Marshall City Attorney Legal#6477 AD#28178 September 24, 2024 _________________________
SUMMARY ORDINANCE NO. 178 AN ORDINANCE OF THE CITY OF PONDERAY, BONNER COUNTY, IDAHO, PROVIDING FOR THE AMENDMENT OF CITY CODE TITLE 5, CHAPTER 1, SUBCHAPTER 1, SUBSECTIONS B, C, D, E AND F, GENERAL TRAFFIC PROVISIONS, SPEED LIMITS; AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PONDERAY, IDAHO: Section 1.00. Amends Ponderay City Code, Title 5, Chapter 1, Subchapter 1, Subsections B, C, D, E and F shall be deleted and replaced with the following language: 5-1-1: SPEED LIMITS: A. Definition: For the purposes of this section, unless otherwise specifically indicated, “truck” shall mean any vehicle which exceeds twelve thousand (12,000) pounds’ gross weight. B. Speed Limits for Streets in Ponderay: All public streets in Ponderay shall have a speed limit of twenty-five (25) miles per hour unless otherwise posted, except as follows: 1. U.S. Highway 95: The speed limit for vehicular traffic on that portion of U.S. Highway 95 from 0.01 miles south of railroad structure to 0.01 miles south of Bronx Cutoff Road in the City shall be forty-five (45) miles per hour. (Ord. 4- 29, 1997) 2. Trucks: All roads lying east of Highway 200 within the City limits shall have the speed limit of ten (10) miles per hour for all truck traffic. (Ord. 4-20, 1994) C. Posting: The speed limit shall be posted in accordance with Idaho Code title 49 and the rules set forth by the Idaho Department of Transportation. D. Penalty: Penalties for violations of the speed limit shall be in accordance with Idaho Code title 49. (Ord. 4-39, 12-4-2006) Section 6.00. provides for the publication and effective date of September 24, 2024 ADOPTED as an Ordinance of the City of Ponderay on the 16th day of September 2024. /s/Stephanie Peterson, City Clerk I, Louis Marshall, City Attorney of Ponderay Idaho, have reviewed the summary of Ordinance 178 and find it to be a true and complete summary of said ordinance that provides adequate notice to the public of the contents thereof. /s/Louis Marshall City Attorney Legal#6478 AD#28179 September 24, 2024 _________________________
NOTICE TO CREDITORS (I.C. 15-3-801) CASE NO.: CV09-24-1136 IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNER In the Matter of the Estate of: ERNEST F COMBS, JR. and PATRICIA ANN COMBS, Deceased. NOTICE IS HEREBY GIVEN that George Murchison, whose address is 5100 E. Anaheim Road, Long Beach, CA 90815, and Mathew Sisson, whose address is 21010 N. 38th Place, Phoenix, AZ 90815 have been appointed Personal Representatives of the estate of the above-named Decedents. All persons having claims against the Decedents 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 20th day of September, 2024. CRANDALL LAW GROUP, PLLC /s/Ryan Crandall, Idaho Bar No. 8757 8596 N. Wayne Dr., Suite B Hayden, ID 83835 Telephone: (208) 772-7111 Facsimile: (208) 772-7110 info@CrandallLawGroup.com Attorney for Personal Representative Legal#6479 AD#28180 Sept. 24, Oct. 1, 8, 2024 _________________________