Legal Notices for 6/3/09
THE WILLIAMSBURG INDEPENDENT SCHOOL DISTRICT BOARD OF EDUCATION is soliciting parties interested in becoming the board attorney for the 2009-2010 school year. If you have an interest in this position, contact the Williamsburg Independent Board of Education and a salary scale plus requirements will be provided. You must be board licensed in the state of Kentucky.
Contact: Williamsburg Independent Board of Education, 1000 Main Street, Williamsburg, KY 40769; Phone: 606-549-6046 ext. 319.
Deadline: Friday, June 5, 2009
NOTICE OF INTENTION TO MINE
Pursuant to Application Number 918-8012, Renewal
In accordance with KRS 350.055, notice is hereby given that Alden Resources LLC
332 West Cumberland Gap Parkway, Suite 100, Corbin, Kentucky 40701 has applied for renewal of a permit for a preparation plant coal processing facility affecting 55.6 acres located 2.0 miles southeast of Nevisdale in Whitley County.
The proposed facility is approximately 8.5 miles southeast from KY Hwy. 92’s junction with KY Hwy. 904 and located 0.01 mile south of Bennetts Branch.
The proposed operation is located on the Saxton, KY 7½ minute quadrangle map. The surface area is owned by Begley Properties, LLC.
The application has been filed for public inspection at the Department for Mining Reclamation and Enforcement’s Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, Kentucky 40965-1229. Written comments, objections or requests for a permit conference must be filed with the Director, Division of Mine Permits, #2 Hudson Hollow, U.S. 127 South, Frankfort, Kentucky 40601.
This is the final advertisement of the application. All comments, objections or requests for a permit conference must be received within thirty (30) days of today’s date.
NOTICE OF INTENTION TO MINE
Pursuant to Application Number 918-5187, Renewal
In accordance with KRS 350.055, notice is hereby given that Alden Resources LLC
332 West Cumberland Gap Parkway, Suite 100, Corbin, Kentucky 40701 has applied for renewal of a permit for an underground coal mining operation located 2.0 miles southeast of Nevisdale in Whitley County. The proposed operation will disturb 173.9 surface acres and will underlie 1,841.0 acres and the total area within the permit boundary will be 2,014.9 acres.
The proposed operation is approximately 8.5 miles southeast from KY Hwy. 92’s junction with KY 904 and located at the head of Bennetts Branch.
The proposed operation is located on the Saxton and Frakes, KY 7½ minute quadrangle maps. The surface area to be disturbed is owned by Begley Properties, LLC. The operation will underlie land owned by Begley Properties, LLC.
The application has been filed for public inspection at the Department for Mining Reclamation and Enforcement’s Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, Kentucky 40965-1229. Written comments, objections or requests for a permit conference must be filed with the Director, Division of Mine Permits, #2 Hudson Hollow, U.S. 127 South, Frankfort, Kentucky 40601.
This is the final advertisement of the application. All comments, objections or requests for a permit conference must be received within thirty (30) days of today’s date.
NOTICE OF INTENTION TO MINE
Pursuant to Application Number 918-0404, Amendment No. 2
In accordance with KRS 350.070 notice is hereby given that Alden Resources LLC 332 West Cumberland Gap Parkway, Suite 100, Corbin, Kentucky 40701 has applied for an amendment to an existing surface coal mining and reclamation operation located 3.2 miles southeast of Nevisdale in Whitley County. The amendment will add 30.02 acres of surface disturbance making a total area of 390.85 acres within the amended permit area.
The proposed amendment area is approximately 2.7 miles southeast from Keswick-Gatliff Road’s junction with KY 904 and located near the head of Cane Creek.
The proposed amendment is located on the Frakes and Saxton, KY 7½ minute quadrangle map. The operation will use the contour and auger method of surface mining. The surface area to be disturbed by the amendment is owned by the Gibbs & St. Clair Heirs. The operation will use the contour, area and auger methods of mining.
The amendment application has been filed for public inspection at the Department for Mining Reclamation and Enforcements, Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, Kentucky 40965-1229. Written comments, objections or requests for a permit conference must be filed with the Director, Division of Mine Permits, #2 Hudson Hollow, U.S. 127 South, Frankfort, Kentucky 40601.
This is the final advertisement of the application. All comments, objections or requests for a permit conference must be received within thirty (30) days of today’s date.
COMMONWEALTH OF KENTUCKY
34TH JUDICIAL CIRCUIT
WHITLEY CIRCUIT COURT
CASE NO. 08-CI-00775
DIVISION II
INDYMAC FEDERAL BANK, FSB, PLAINTIFF,
VS:
HAROLD DWAYNE COOK a/k/a HAROLD DEWAYNE COOK; HOMETOWN BANK OF CORBIN, INC., DEFENDANTS.
NOTICE OF COMMISSIONER’S SALE
Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on December 8, 2008 and a Judgment and Order of Sale entered by the Whitley Circuit Court on April 17, 2009, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, June 8, 2009, at 12:00 p.m., or thereabout, the real property located in Whitley County, Kentucky, and described in this Notice.
The judgment against the defendants, Harold Dwayne Cook a/k/a Harold Dewayne Cook, plus costs, are as follows:
(1) The principal sum of $121,603.92 as of March 1, 2008, plus interest at the rate of 9.37500% per annum until paid; and
(2) The sum of $17,525.35 as of December 8, 2008, plus interest at the rate of 12% per annum from December 8, 2008, until paid.
The property to be sold is as follows:
TRACT #1: BEGINNING at a point and stake in the west line of Poplar Street in the middle of the driveway leading to a garage, and which point and stake is fifty-seven (57) feet and two (2) inches south of the southeast corner of Harry Feather heirs; thence in a westwardly direction in a straight line with the middle of said driveway one hundred seventy (170) feet and six (6) inches, more or less, to a stake in the east line of M. G. Sigmon’s lot; thence southwardly with the east line of said M. G. Sigmon’s lot and the east line of Christian Church property sixty-five (65) feet 6 to a stake in north line of said Christian lot; thence with the north line of Christian Church Parsonage lot one hundred seventy (170) feet and six (6) inches, more or less, to a stake and point in the northeast corner of Christian Church lot in the west line of Poplar Street; thence north with the west line of Poplar Street forty (40) feet and six (6) inches, more or less, to the BEGINNING.
TRACT #2: BEGINNING at a point on the west right of way of Poplar Avenue (40 feet wide) and being S 02-48-49 W, 40.50 feet from the center of a shared drive and being a common to the southeast original corner of Virgie Faulkner lot and the original northeast corner of the Gerald and Rosemary Davenport lot; thence running with Poplar Avenue S 02-48-49 W, 2.03 feet to a new corner between Faulkner and Davenport; thence leaving Poplar Avenue and running with a new line which is approximately 6 inches from an existing fence between Faulkner and Davenport S 84-55-47 W, 171.11 feet to a point; thence running N 02-07-32 E, 7.84 feet to a point and the common back corner of the Faulkner and Davenport lots; thence running with the original line between Faulkner and Davenport N 86-52-01 E, 170.50 feet to the point of beginning and containing 0.02 acre, more or less.
THE ABOVE REFERENCED TWO (2) TRACTS HAVE BEEN SURVEYED INTO ONE DESCRIPTION AS FOLLOWS:
BEGINNING at a point and stake in the west line of Poplar Street in the middle of the driveway leading to a garage, and which point and stake is fifty-seven (57) feet and two (2) inches south of the southeast corner of Harry Feather heirs; thence running with Poplar Street, south 02 degrees 48 minutes 49 seconds West, 42.53 feet to a new point between Gerald and Rosemary Davenport and Virgie T. Faulkner; thence leaving Poplar Street and running with a new line which is approximately six (6) inches North from an existing fence between Davenport and Faulkner, south 84 degrees 55 minutes 47 seconds west, 171.11 feet to a point and a new back corner between Davenport and Faulkner; thence leaving the Davenport lot and running North 02 degrees 07 minutes 32 seconds east, 72.84 feet to a point; thence running partly with the center line of a shared drive, South 84 degrees 53 minutes 25 seconds East, 170.50 feet to the point of beginning, containing 0.23 acres.
Subject to any and all easements, restriction, conditions, and legal highways of record and/or in existence.
Being the same property acquired by Harold Dwayne Cook from Gary Akins and wife, Janie Akins, by deed of conveyance bearing date of March 29, 2007, and of record in Deed Book 476, Page 168, Whitley County Clerk’s Office.
Said property address is: 112 1/2 N. Poplar Street, Corbin, KY 40701.
TERMS OF SALE
1. The above property is indivisible and shall be sold as whole to produce the sum of money so ordered to be made.
2. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay 10% down with the balance in 60 days with interest at 12%. Signatures of principal and surety on the bond shall have the effect of a Judgment.
3. The risk of loss for the subject property shall pass to the purchaser on the date of sale. Possession of the premises shall pass to the purchaser upon payment of the purchase price and delivery of deed.
4. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years. All taxes or assessments upon the property for prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the purchaser prior to payment of the purchase price.
5. The property shall be sold subject to the following:
(a) Easements, restrictions and stipulations of record;
(b) Assessments for public improvements levied against the following real estate;
(c) Any facts which an inspection and accurate survey of the following described real estate may disclose.
6. If the property does not bring two-thirds of its appraised value, a one year right of redemption will exist pursuant to KRS 426.530.
7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.
Dated the 18th day of May, 2009.
KIMBERLY FROST WILSON
SPECIAL MASTER COMMISSIONER
WHITLEY CIRCUIT COURT
PO BOX 72
WILLIAMSBURG, KY 40769
PHONE:606-539-0881
NOTICE:
Notice is hereby given by Order of the Whitley District Court that the following appointments have been made:
Earl D. Smith, 9445 Hwy. 779, Rockholds, KY 40759 and Betty J. Sears, 9645 Hwy. 779, Rockholds, KY 40759 have been appointed administrators for the estate of Kate Smith, deceased, 9475 Hwy. 779, Rockholds, KY 40759. Hon. Robert L. Brown III, 1005 South Main St., Corbin, KY 40701, atty. for said estate.
William C. Satterfield, 2749 Cripple Creek Rd., Rockholds, KY 40759 and Kenneth R. Satterfield, 240 Satterfield Rd., Corbin, KY 40701 have been appointed Executors for the estate of Hazel Satterfield, deceased, 120 Hwy. 511, Corbin, KY 40701. Hon. Shame Romines, PO Drawer 1580, Corbin, KY 40702, atty. for said estate.
Charles Hunter, 401 Southbrook Dr., Nicholasville, KY 40356 has been appointed administrator for the estate of Charles Hunter, deceased, 2236 Hwy. 26, Williamsburg, KY 40769. Hon. Shane Romines, PO Drawer 1580, Corbin, KY 40702, atty. for said estate.
Rebecca Hipolito, 106 Ewing Court Apt 12, Frankfort, KY 40601, has been appointed administratrix for the estate of Carl M. Henson, deceased, 56 Jones St., Corbin, KY 40701. Hon. Eugene Siler III, PO Drawer 630, Williamsburg, KY 40769, atty. for said estate.
All persons having claims against the said estates are requested to present same, verified according to law to the said appointees, not later than six months from said date of appointment.
Given under my hand this 29th day of May, 2009.
GARY W. BARTON, CLERK
DISTRICT & CIRCUIT COURTS
WHITLEY COUNTY – WILLIAMSBURG, KY 40769
NOTICE:
Gladys Allen has filed the final settlement for the estate of Troy Robbins.
Exceptions, if any, must be filed prior to Monday, July 6, 2009.
The Hearing will be held at Whitley District Court, Corbin, KY 40701.
Given under my hand this 29th day of May, 2009.
GARY W. BARTON, CLERK
DISTRICT & CIRCUIT COURTS
WHITLEY COUNTY – WILLIAMSBURG, KY 40769
NOTICE:
Notice is hereby given by Order of the Whitley District Court that the following Appointments have been made:
Vina Carr, 8903 East Hwy. 92, Williamsburg, KY 40769 has been appointed administratrix over the estate of Robert E. Carr, deceased.
Jesse Inman, 11704 Wesley Chapel Rd., California, KY 41007 has been appointed administrator over the estate of Linda G. Inman, deceased.
Anna Cotner, PO Box 274, Emlyn, KY 40730 has been appointed administratrix over the estate of Gerald W. Cotner, Jr., deceased.
Joshua Patterson, 1297 E Hwy. 904, Williamsburg, KY 40769 has been appointed executor over the estate of Monroe C. Patterson, deceased.
Russell & Allen Lewis, 3210 Bee Creek Road, Corbin, KY 40701 have been appointed co-administrators over the estate of Wanda M. Lewis, deceased.
Joann Duncan, 179 Goldbug Church Road, Williamsburg, KY 40769 has been appointed executrix over the estate of Dovie Belcher, deceased.
Wilma Hamblin, 442 Bennett Branch, Williamsburg, KY 40769 has been appointed administratrix over the estate of Andy Hamblin, deceased.
Lorene Bowling, 38 Lorene St., Williamsburg, KY 40769 has been appointed administratrix over the estate of Jessica C. Corn, deceased.
Robert H. Perkins III, 16055 S.W. Walker Road, Beaverton, OR 97006 has been appointed administrator over the estate of Billie J. Hibbard, deceased.
All persons having claims against the said Estates are requested to present same, verified according to law to the said Appointees, not later than six months from said date of appointment.
Given under my hand this 29th day of May, 2009.
GARY W. BARTON, CLERK
WHITLEY COUNTY DISTRICT AND CIRCUIT COURTS
WILLIAMSBURG, KY 40769
PUBLIC NOTICE:
WHITLEY COUNTY FISCAL COURT
REQUEST FOR BID
The Whitley County Fiscal Court will be accepting sealed bids for Stone, Culvert and Asphalt Materials. Bids will be accepted up to and opened in the Whitley County Fiscal Court Room at 2:00 p.m. on Tuesday, June 16, 2009. Bids will be awarded during the regular session of the Whitley County Fiscal Court on June 16, 2009 at 6:00 p.m.
Bids can be picked up at the Whitley County Judge/Executive’s Office beginning June 3, 2009, may be downloaded from the county’s website at www.whitleycountyfiscalcourt.com/news.asp or contact the office at (606) 549-6000. Mark envelopes as “BID”.
PUBLIC REVIEW
The Bell-Whitley Community Action Agency’s Community Services Block Grant Recovery Act Proposals has been submitted to the state, and is available for review at Bell-Whitley Community Action located at 129 Pine Street, Pineville, Kentucky. Please contact Judy Rice at 606-337-3044 or 606-549-3933.
ADVERTISEMENT FOR BIDS
WHITLEY COUNTY FISCAL COURT (OWNER) will receive proposals through Codell Construction Company (CM) to furnish all labor and materials to complete the WHITLEY COUNTY JUDICIAL CENTER located on the CORNER OF MAIN AND NORTH SECOND STREET, WILLIAMSBURG, KY 40769. Work is to be performed in accordance with plans, specifications, and addenda prepared by MURPHY GRAVES ARCHITECTS (ARCHITECT), MARCUM ENGINEERING (MECHANICAL AND ELECTRICAL ENGINEER), GEOTECH ENGINEERING & TESTING (CIVIL ENGINEER), GEOTECH ENGINEERING & TESTING (STRUCTURAL ENGINEER), and WEE LANDSCAPE ARCHITECTS, INC. (LANDSCAPE ARCHITECT).
Drawings, specifications, and the project manual may be obtained by contacting LYNN IMAGING @ 859/255-1021. Questions should be directed in writing to the C.M.’s attention:
TRAVIS CURRY
Codell Construction Company
P. O. Box 17
Winchester, KY 40392
PHONE: (859) 744-2222
FAX: (859) 744-2225
E-MAIL: tcurry@codellconstruction.com
A complete set of Drawings, Specifications, and the project manual requires a refundable deposit of $250.00 payable to WHITLEY COUNTY FISCAL COURT.
Bids will be due by June 23, 2009 at 2:00 PM, and will be opened at the WHITLEY COUNTY COURTHOUSE, CIRCUIT COURT ROOM, 200 MAIN STREET, WILLIAMSBURG, KY 40769. Each bid must be accompanied by a 5% Bid Bond. No Bidder may withdraw a bid submitted for a period of sixty (60) days after the date set for the opening of bids.
A pre-bid conference is scheduled for June 11, 2009 at 3:00 PM at WHITLEY COUNTY COURTHOUSE, CIRCUIT COURT ROOM, 200 MAIN STREET, WILLIAMSBURG, KY 40769. All bidders are urged to attend this meeting.
The Project is to be complete within 610 calendar days from the date of the official Notice to Proceed, and liquidated damages are $1,000.00/day thereafter, if the completion date is not met. Successful Bidders may be required to furnish a 100% Performance and Labor and Material Payment Bond for this Project. The cost of the premium for such a bond shall be included in the base bid as an alternate, which may or may not be accepted.
WHITLEY COUNTY FISCAL COURT AND
CODELL CONSTRUCTION COMPANY
PUBLIC NOTICE
The second reading and adoption of the Whitley County Fiscal Court proposed budget ordinance #2009-03 for Fiscal Year 2009-2010 is scheduled to be held at the courthouse, in the Fiscal Court Room on June 16, 2009 at 06:00 PM.
BUDGET SUMMARY
An Ordinance relating to the Annual Budget and Appropriations.
BE IT ORDAINED BY THE FISCAL COURT OF WHITLEY COUNTY, KENTUCKY
WHEREAS, the proposed budget was tentatively approved by the fiscal court on May 19, 2009 and pending approval as to form and classification by the State Local Finance Officer.
SECTION ONE. The following budget is for the Fiscal Year 2009-2010 and the amounts stated are appropriated for the purposes indicated:
General Fund
5000 General Government 1,337,634.00
5100 Protection to Persons and Property 1,104,555.00
5200 General Health and Sanitation 322,995.00
5300 Social Services 30,000.00
7700 Leases 70,515.00
9100 General Services 201,400.00
9200 Contingent Appropriations 407,583.00
9400 Fringe Benefits 312,550.00
Total General Fund 3,787,232.00
Road Fund
5000 General Government 3,000.00
6100 Roads 2,021,928.00
9100 General Services 49,000.00
9200 Contingent Appropriations 16,621.00
9400 Fringe Benefits 244,700.00
9500 Dist. To other Government Agencies 57,000.00
Total Road Fund 2,392,249.00
Jail Fund
5100 Protection to Persons and Property 1,699,273.00
7200 Debt Service 489,440.00
9100 General Services 73,400.00
9200 Contingent Appropriations 116,413.00
9400 Fringe Benefits 405,200.00
Total Jail Fund 2,783,726.00
Local Government Economic Assistance Fund
5000 General Government 245,062.00
5400 Recreation and Culture 60,000.00
6100 Roads 311,250.00
9200 Contingent Appropriations 46,314.00
Total L.G.E.A. Fund 662,626.00
Ambulance Fund
5100 Protection to Persons and Property 1,218,320.00
9100 General Services 33,000.00
9200 Contingent Appropriations 124,350.00
9400 Fringe Benefits 411,000.00
Total Ambulance Fund 1,786,670.00
Forestry Fund
5000 General Government 100.00
5100 Protection to Persons and Property 4,000.00
9200 Contingent Appropriations 5,115.00
Total Forestry Fund 9,215.00
Occupational Tax Fund
5000 General Government 136,800.00
9200 Contingent Appropriations 31,150.00
9400 Fringe Benefits 32,600.00
9500 Dist. To other Gov. Agencies 1,924,341.00
Total Occupational Tax Fund 2,124,891.00
Tourist Tax Fund
5400 Recreation and Culture 60,100.00
9200 Contingent Appropriations 3,700.00
Total Tourist Fund 63,800.00
911 Fund
5100 Protection to Persons and Property 693,500.00
9200 Contingent Appropriations 62,700.00
9400 Fringe Benefits 137,200.00
Total 911 Fund 893,400.00
TOTAL BUDGETED APPROPRIATIONS
Total General Fund $ 3,787,232.00
Total Road Fund $ 2,392,249.00
Total Jail Fund $ 2,783,726.00
Total LGEA Fund $ 662,626.00
Total Ambulance Fund $1,786,670.00
Total Forestry Fund $ 9,215.00
Total Occupational Tax Fund $ 2,124,891.00
Total Tourist Fund $ 63,800.00
Total 911 Fund $ 893,400.00
Total All Funds $14,503,809.00
SECTION TWO. This ordinance shall be published in the local newspaper by title and summary within thirty (30) days following adoption.
SECTION THREE. This ordinance shall become effective upon passage and publication.
NOTICE OF AVAILABILITY
All interested parties and organizations in the County are hereby notified that a copy of the County’s Adopted Budget in full is available for public inspection at the office of the County Judge/Executive during normal business hours.




