Legal Notices for 8-31-16

NOTICE OF BOND RELEASE

Permit # 918-5195

In accordance with KRS 350.093, notice is hereby given that Alden Resources LLC, 332 West Cumberland Gap Parkway, Corbin, KY 40701, has filed for a Phase III bond release on Increment No. 2, and 4 of permit number 918-5195 which was last issued on March 13, 2012. The application covers an area of approximately 236.72 acres located 0.8 miles of Mud Creek road and the junction with KY 1595.

The permit area is approximately 1.5 miles northwest of Frakes, KY, and located 0.8 miles northeast of Mud Creek Road with the junction of KY 1595 and located 1.1 miles southwest of Round Mountain in Whitley County, Kentucky.

The bond now in effect for increment 2 is a surety in the amount of $39,400.00. Approximately 100% of the original bond amount of $224,500.00 is included in this application for release. The bond now in effect for increment 4 is a surety bond in the amount of $23,000.00. Approximately 100% of the original $53,100.00 is included in this application for release.

Reclamation work performed includes: Backfilling, regrading, topsoil replacement, and drainage control including soil preparation and initial seeding, mulching and tree planting in accordance with the approved reclamation plan completed November 15, 2010.

Written comments, objections, and requests for a public hearing or informal conference must be filed with the Director, Division of Field Services, 300 Sower Boulevard 2nd Floor, Frankfort, Kentucky 40601, by October 14, 2016.

A public hearing on the application has been scheduled for October 17, at 9:00 am. The Department for Surface Mining Reclamation and Enforcement’s Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, KY 40965-1229. The hearing will be cancelled if no request for a hearing or informal conference is received by October 14, 2016.

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-0476 AM #1

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 an amendment to an existing permit for a surface, auger/highwall coal mining and reclamation operation. The amendment will add 43.81 of surface disturbance and 22.93 acres of Auger/HM area making a total of 66.74 acres within the permit area. The total area of the permit is 228.13 acres. The permit is located 3.9 miles southeast of Rockholds in Whitley County.

The proposed operation is approximately 0.8 miles northwest of KY 779 junction with KY 3423 and located 2.2 miles northwest of the confluence of an un-named tributary of Meadow Creek with Meadow Creek.

The proposed operation is located on the Rockholds, KY 7½ minute quadrangle map. The operation will use a combination of contour, area and auger/highwall miner methods of surface mining. The surface and auger/highwall mining area is owned by Glenn D. Miller, Gary McKeehan, Lloyd Jackson, Don Young and Donald Bunch. The operation will affect an area within 100 feet of public road (CR) Springtown Road. The operation will not involve relocation or closure of the public road.

The application has been filed for public inspection at the Department for Surface Mining and 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, 300 Sower Blvd, Frankfort, Kentucky 40601.

 

NOTICE OF BOND SALE

The Williamsburg Independent School District Finance Corporation, will until 1:00 P.M. E.D.S.T., on September 13, 2016, receive in the office of the Executive Director of the Kentucky School Facilities Construction Commission, Suite 102, 229 W. Main Street, Frankfort, Kentucky 40601, competitive bids for its $4,210,000 School Building Refunding Revenue Bonds, Series 2016, dated as of October 4, 2016; maturing as to principal December 1, 2016 through 2030. Specific information and required Official Bid Form available in POS at www.rsamuni.com from Ross, Sinclaire & Associates, LLC, BQ

 

Whitley County Cooperative Extension District Board Audit and Adopted Budget

The Whitley County Cooperative Extension District Board’s most recent audit and adopted budget can be viewed anytime on the Department for Local Government’s Public Portal website, https://kydlgweb.ky.gov/Entities/SpecDistSearch.cfm.   If you would like to view the most recent financial statement, please visit the home office located in Cumberland Regional Mall, 965 S. Highway 25W, Suite 34, Williamsburg, during normal office hours Monday-Friday, 8 A.M.-12 P.M. and 1-4:30 P.M.

 

Notice of Hearing

Whitley County Board of Education

The Whitley County Board of Education will hold a public hearing at the Whitley County Board of Education Central Office on September 15, 2016 at 5:00 p.m. to hear public comments regarding proposed tax levies for fiscal year 2017.

The Whitley County Board of Education is proposing a tax rate of 42.0 cents for both personal and real property, which is equal to last year’s rate of 41.6 (for both personal and real property) plus an additional 0.4 cents for prior year losses due to exonerations per KRS 134.590. The General Fund tax levied in fiscal year 2016 produced revenue of $2,553,607.

The proposed General Fund tax rate of 42.0 cents on real property and 42.0 cents on personal property is expected to produce $2,695,423 (assuming a collection rate of 90%). Of this amount $465,406 (assuming a collection rate of 90%) is from new and personal property.

The general area to which revenue of $141,816 above 2016 revenue is to be allocated is instruction.

The General Assembly has required publication of this advertisement and information contained herein.

 

Public Notice

Houchens Food Group, INC. 700 Church Street Bowling Green. KY 42101 hereby declares intentions to apply for a NQ Retail Malt Beverage Package no later than September 16th 2016. The business to be licensed will be located at 25 North Highway 25 West, Williamsburg, KY 40769 doing business as IGA #57. Officers and Directors: CEO, James P. Gibson, 8375 Cemetery Rd. Bowling Green, KY 42103. CFO, J. Gordon Minter; 2228 Grider Pond Rd. Bowling Green, KY 42104. Vice President, Dion W. Houchens, 150 Rippling Creek Rd. Smith’s Grove, KY 42171. Any person, association, corporation, or body politic may protest the granting of the license by writing the Dept. Of Alcoholic Beverage Control; 1003 Twilight Trail Frankfort, KY 40601-8400, within 30 days (KRS243.430) of the date of this legal publication.

 

City of Williamsburg

ORDINANCE NO. 16-001

AN ORDINANCE ADOPTING THE CITY OF WILLIAMSBURG ARCHITECTURAL REVIEW BOARD/HISTORIC PRESERVATION COMMISSION

Section I. Williamsburg Architectural Review Board/Historic Preservation Commission

1. Establishment of the Commission

There is hereby established the Williamsburg Architectural Review Board, also known as the Williamsburg Historic Preservation Commission. The Commission shall consist of no fewer than five (5) members and no more than seven (7) members appointed by the Mayor and approved by the City Council. The Commission may also include ex facto members: The Main Street Director and the Zoning Administrator. The members shall have demonstrated interest in historic preservation. When the Commission reviews an issue that is normally evaluated by a professional member, the commission shall seek expert advice before rendering a decision. Members of the commission shall serve without compensation.

1. Terms of Office

The terms of office of the members shall be four (4) years. Except for the terms of two members of the original Commission that shall end after three (3) years and the terms of two (2) other members of the original Commission that will end after two (2) years. Each member shall serve until the appointment and qualifications of a successor. When necessary, the Mayor shall have authority to reappoint members.

Vacancies on the Commission shall be filled within sixty (60) days. When a vacancy occurs during a term of office, the person selected shall be appointed for the unexpired portion of the term.

1. Officers

The Commission shall elect each year members to serve as Chair, Vice Chair and Secretary. The Chair shall preside at the meeting, shall be the spokesperson for the commission, and shall represent the commission in its work with other City Departments. In the absence of the Chair, the Vice Chair shall perform these duties. The Secretary shall prepare the minutes of the Commission’s meetings, and provide copies to the City’s Administrative Assistant to be available to the public.

1. Conflict of Interest

No member of the commission shall act in their official capacity as a member of the commission in any matter where the member of the commission, a family member, or any business organization in which the commission member has a direct or indirect financial of personal involvement that might reasonably be expected to impair their objectivity, independence, or judgment.

Section II. Powers and Duties of the Commission

1. Specific Powers

In addition to the powers and duties, the Commission shall take action necessary and appropriate to accomplish the purpose of this Ordinance. These actions may include, but are not limited to, the following:

1. Maintaining a survey of historic buildings and areas.
2. Recommending to the City Council the designation of historic districts and landmarks.
3. Adopting written guidelines for making exterior changes to designated property and for undertaking new construction or designated property.
4. Regulating alterations visible to the public that are proposed for designated property and regulating demolitions, relocations, and new construction involving designated property.
5. Working with and advising the federal, state, and county governments and other parts of city government on historic preservation issues.
6. Advising and assisting owners of historic property and other persons and groups.
7. Reporting on present conditions of historic buildings in the City and identifying problems that may, at a later time, threaten the perseveration of these buildings.
8. Conducting educational programs including the placing of historical and architectural markers.
9. Rehabilitation of Buildings

The Commission may initiate and encourage plans for preservation and rehabilitation of individual historic buildings. The Commission shall give recognition to owners and tenants who maintain or rehabilitate their historic building with care and contribute to the preservation of the history of Williamsburg.

1. Incentives for Owners of Historic Property

The Commission shall study the assistance offered to the owners of historic property including incentives for rehabilitation of buildings and shall distribute this information to owners.

1. Survey of Historic Buildings

In making its survey of historic buildings and areas, the Commission shall conduct this work in accordance with the guidelines of the Kentucky Heritage Council. The Commission shall provide that its survey and preservation plans shall be maintained and continued. The Commission shall use the survey and the preservation plan to assist the City and County in their overall planning efforts.

1. Preparation of the Historic Preservation Element in the Comprehensive Plan

The Commission may prepare a Historic Preservation Element for use in the Comprehensive Plan that is adopted and maintained by the City.

1. Meeting of the Commission

The Commission will hold a minimum of four meetings during the calendar year. The Commission may, if deemed necessary, call special meetings. All meetings shall have an agenda and all meetings shall comply with the Kentucky Open Meeting Statute KRS 61.805. A simple majority of the membership shall be required for decisions involving historic district and landmarks.

1. Annual Report

The commission shall prepare and distribute a written annual report of its activities, cases, decisions, qualification of members and other work. The report shall include information about current conditions of the historic buildings in the City. The report shall be kept on file where it is available for the public and a copy is to be given to the city council also.

1. Other Duties Under the Certified Local Government Program

In the development of the Certified Local Government program, the City may ask the Commission to perform other responsibilities that may be delegated to the City under the National Historic Preservation Act.

First Reading: February 8, 2016

Second Reading: March 14, 2016

Enacted this 14th day of February, 2016

Roddy Harrison, Mayor

ATTEST: Teresa Black, City Clerk

 

CITY OF WILLIAMSBURG

ORDINANCE NO. 16-005

AN ORDINANCE, RENEWING ORDINANCE NO. 12-003, OF THE CITY OF WILLIAMSBURG, KENTUCKY, APPROVING AN INTERLOCAL AGREEMENT FOR THE APPORTIONMENT OF REVENUES GENERATED FROM THE COUNTY OCCUPATIONAL LICENSE FEE AND THE CITY OCCUPATIONAL LICENSE FEE; AND APPROVING THE EXECUTION OF THE INTERLOCAL AGREEMENT.

WHEREAS, the City of Williamsburg and Whitley County are each political subdivisions under KRS 65, and each determined that it is in their respective best interests to apportion the occupational fees, consistent with KRS 68.197, so as to jointly promote stable economic development within their common jurisdiction; to avoid competition between them for economic development; and, to share in the joint promotion of future economic growth within both Whitley County and the City of Williamsburg;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF WILLIAMSBURG, KENTUCKY.

SECTION 1

The City of Williamsburg, Kentucky does hereby adopt and approve the Interlocal Agreement attached hereto as Exhibit “A”. (No. 2016-05)

SECTION 2

The Mayor of the City of Williamsburg, Kentucky, is authorized and directed to sign the attached Agreement on behalf of the City.

SECTION 3

All ordinances or parts thereof in conflict herewith are to the extent of such conflict hereby repealed.

CITY OF WILLIAMSBURG, KENTUCKY

Roddy Harrison, Mayor

ATTEST: Teresa Black, City Clerk

Date of First Reading: August 8, 2016

Date of Second Reading: August 10, 2016

 

CITY OF WILLIAMSBURG, KENTUCKY

ORDINANCE NO. 16-006

AN ORDINANCE ANNEXING PROPERTY LOCATED AT 4078 N HIGHWAY 25 W, WILLIAMSBURG, WHITLEY COUNTY, KENTUCKY, CONTAINING 1.615 ACRES BY SURVEY, INTO THE CITY OF WILLIAMSBURG, KENTUCKY, BY CONSENT OF THE PROPERTY OWNER.

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WILLIAMSBURG, KENTUCKY, AS fOLLOWS:

SECTION I: That the corporate limits of the City of Williamsburg, Kentucky, as now established be extended so as to include the territory hereinafter described and to annex the property into the City of Williamsburg, Kentucky:

A certain tract or parcel of land in Williamsburg, Whitley County, Kentucky, and being all the same land obtained by K & H, LLC, a Kentucky Limited Liability Company, by Deed from Joe Freeman, Trustee, dated July 26, 2016, which is duly recorded at Deed Book 534, Pages 931-934, in the Whitley County Court Clerk’s Office, and bounded and described as follows:

For a more detailed description SEE: boundary survey description by Bobby B. Anderson, PLS #3377, with Appalachian Technical Services, Inc, on July 10, 2016, a copy of which is attached hereto as Exhibit “A” and incorporated herein by reference thereto, and SEE: Map (plat/drawing) prepared by Bobby B. Anderson, PLS #3377, with Appalachian Technical Services, Inc. dated July 10, 2016, which is recorded in Plat Cabinet Number 3, Slide Number 675, contained in the Whitley County Court Clerk’s Office, a copy of which is attached hereto as Exhibit “B” and incorporated herein by reference thereto.

SECTION II: The owner of the real property described herein has given his written consent to and request for annexation of the real property described herein.

SECTION III: That this Ordinance shall be in full force and effect from and after it’s adoption, approval, and publication, and all ordinances or parts of ordinances in conflict herewith are repealed and held for naught.

Enacted on this the 10th day of August 2106.

Roddy Harrison, Mayor

ATTEST: Teresa Black, City Clerk

Date of First Reading: August 8, 2016

Date of Second Reading: August 10, 2016

 

CITY OF WILLIAMSBURG, KENTUCKY ABC ORDINANCE

SUMMARY ORDINANCE

1. 16-007

AN ORDINANCE REPEALING ORDINANCE NO. 12-005 IN ITS ENTIRETY, ENACTED ON MAY 16, 2012 AND ESTABLISHING THE NEW CITY OF WILLIAMSBURG, KENTUCKY, REGULATIONS AND REQUIREMENTS FOR ALCOHOL BEVERAGE CONTROL, HEREINAFTER TO BE KNOWN AS THE CITY OF WILLIAMSBURG “ALCOHOLIC BEVERAGE CONTROL ORDINANCE” NO. 16-007; AND FURTHER ADOPTING ALL APPLICABLE REQUIRED KRS, INCLUDING BUT NOT LIMITED TO, KRS CHAPTERS 241 THROUGH 244 AS RECENTLY UPDATED BY THE GENERAL ASSEMBLY AND ADMINISTRATIVE AGENCIES; AND

WHEREAS, on June 28th, 2016, a local option election was held and, by and through a majority of registered voters, permits the presence of alcohol, manufacturing of alcohol, and sales of alcohol within the corporate limits of the City of Williamsburg so long as such is done in accordance with all applicable local, state and federal law; and

WHEREAS, the City of Williamsburg therefore has established uniform regulations and requirements for the licensing and regulation of alcoholic beverages, manufacturing, and sales pursuant to authorization under KRS Chapters 241 through 244, and all other applicable law;

NOW THEREFORE, BE IT ORDAINED BY THE CITY OF WILLIAMSBURG, KENTUCKY, THE FOLLOWING REGULATIONS AND REQUIREMENTS ARE HEREBY ADOPTED AS SET FORTH BELOW:

CITY OF WILLIAMSBURG ALCOHOLIC ORDINANCE SUMMARY OF KEY POINTS (INCLUDES BUT NOT LIMITED TO):

1. ENFORCEMENT

• Mayor remains City ABC Officer and shall have police powers of law enforcement, and their jurisdiction shall be co-exclusive with the boundaries of the city. The City ABC Officer along with City of Williamsburg law enforcement may inspect any premises where alcoholic beverages are manufactured, sold, stored or otherwise trafficked in, without first obtaining a warrant. (KRS Ch. 241-244)
• The Mayor shall have authority to delegate an appointee or other investigators.

2. ALCOHOL SALES

• Sales may take place 6:00 am to 12:00 am, except Sunday.
• Sunday sales 1:00 pm to 12:00 am
• Election Day sales are allowed.
• New Year sales may continue until 2:00 am.
• Happy Hour sales Monday through Saturday from 4:00 pm to 8:00 pm.

3. TRAINING

• All persons serving or selling alcoholic beverages must be trained in the KY S.T.A.R. Program.
• Penalties and Fines are defined for the selling or buying of alcohol to or by minors. Article VI Section G and Article VII

4. LICENSES FEES: See entire list in Ordinance 16-007, Article II.

5 LICENSE DURATION/EXPIRATION

• All City Licenses begin May 1 and expire April 30. Any City License issued after October 31, shall be assessed a fee based on the pro rata portion of the remainder of license period. Cost shall not be less than ½ of full fee.

6. REGULATORY FEES FOR THE CITY OF WILLIAMSBURG

• There shall be a 7% fee for alcoholic beverages by the drink.
• There shall be a 5% fee for packaged distilled spirits and wine.
• There shall be a 4% fee for packaged malt beverages.
• Regulatory Fees shall be paid to the city on the 20th day of each month.
• Failure to pay remittance within ten (10) days of due date constitutes a violation.
• A five percent (5%) penalty of the regulatory fee for failure to pay by due date will be assessed for every ninety (90) days for the infraction. The total shall not exceed twenty-five percent (25%) of the regulatory fee; however, in no case shall the penalty be less than ten dollars ($10).
• An interest rate of eight percent (8%) per annum will apply to any late payments.

For the Alcoholic Ordinance No. 16-007 in its entirety, see the cities website, www.williamsburgky.com or on file at City Hall, 423 Main Street, Williamsburg, KY, 40769, M – F, 8:30 am to 4:30 pm.

This Ordinance shall take effect immediately after its passage and publication, as required by law.

First Reading: August 8, 2016

Second Reading: August 10, 2016

Enacted this 10th day of August, 2016.

Roddy Harrison, Mayor

ATTEST: Teresa Black, City ClERK

 

PUBLIC NOTICE

Pursuant to KRS 65A.080 (2), the Williamsburg Tourism Commission has completed its most recent audit and budget and are on file with the City of Williamsburg. For those individuals who wish to view said audit and budget, a copy is available at the:

City of Williamsburg, City Hall, 423 Main Street, Williamsburg, Kentucky 40679

 

PUBLIC NOTICE

Pursuant to KRS 65A.080(2), the Corbin Industrial Development Commission’s most recent audit report and adopted budget can be found at https://kydlgweb.ky.gov/Entities/specDistSearch.cfm

Financial statements may be examined at: Corbin Industrial Development Commission, 100 N. Main Street, Suite 400, Corbin, KY 40701