Legal Notices for 1-24-2024

INVITATION TO BID

Corbin Board of Education Banking Services, Pizza, Blacktop Bid & Installation & Surplus Buses Available for Purchase

The Corbin Board of Education will receive separate sealed bids for banking services, pizza, blacktop and installation as needed at district locations, and two surplus buses available for purchase.  Please contact Charity Roberson or Rhonda Moore at the Corbin Board of Education at 606-528-1303 to obtain the bid specifications or bid form.  Bid specifications are available at Corbin Board of Education, 108 Roy Kidd Avenue, Corbin, Kentucky 40701 during regular office hours from 8:00 a.m. until 4:00 p.m. Monday through Friday.  Questions related to the banking services bid and blacktop & installation bid should be directed to Rhonda Moore at Rhonda.moore@corbin.kyschools.us.  Questions related to pizza bids should be directed to Janie Keith at Janie.keith@corbin.kyschools.us.  Questions related to the buses should be directed to Josh VanNorstran at josh.vannorstran@corbin.kyschools.us.  Bid deadline is 2:00 p.m., Wednesday, January 31, 2024.  Bids will be opened at 2:00 p.m., Wednesday, January 31, 2024.  Bids received after the scheduled closing time will be returned unopened to the bidder.  The Corbin Board of Education reserves the right to reject any or all bids or proposals, and to waive informalities.

NOTICE:

Sai Mahi Inc hereby declares its intention(s) to apply for a NQ Retail Malt Beverage Package license and transitional license no later than January 19, 2024. The licensed premises will be located at 105 18th St., Corbin, Kentucky 40701 doing business as One Stop. The sole owner and president is Nileshbhai Patel, 610 Weymuth Pl, Louisville, KY 40245. Any person, association, corporation, or body politic may protest the granting of the license(s) by writing the Department of Alcoholic Beverage Control, 500 Mero St 2NE33, Frankfort, Kentucky 40601, within thirty (30) days of the date of legal publication.

PUBLIC NOTICE:

Pursuant to 405 KAR 8:010, Section 16(5), the following is a summary of permitting decisions made by the Department for Natural Resources, Division of Mine Permits with respect to applications to conduct surface coal mining and reclamation operations in Whitley County. ALDEN RESOURCES LLC, 9185193 MI, 12/20/2023.

WHITLEY COUNTY FISCAL COURT

ORDINANCE NO. 2024-01

RENEWING ORDINANCE NO. 2008-03

PERTAINING TO THE LOCAL AGREEMENT AMONG THE CITY OF CORBIN, KENTUCKY, CITY OF WILLIAMSBURG, KENTUCKY AND WHITLEY COUNTY, KENTUCKY

WHEREAS, the County of Whitley, in the Commonwealth of Kentucky, has determined the desire to renew the Local Agreement for a period of four years among the City of Corbin, Kentucky, City of Williamsburg, Kentucky and Whitley County, Kentucky;

WHEREAS, this agreement is entered into by and among the Whitley County Fiscal Court (hereinafter referred to as “Whitley County”), the City of Corbin, Kentucky, (hereinafter referred to as “Corbin”) and the City of Williamsburg, Kentucky, (hereinafter referred to as “Williamsburg”) pursuant to the Kentucky Interlocal Cooperation Act, KRS 65 .210, et seq.

RECITALS

Pursuant to KRS 68.197 and KRS 67.750 to 67.795, Whitley County imposed an occupational license tax by way of Ordinance No. 2005-08, duly enacted on June 29, 2005. Whitley County’s Ordinance imposes an occupational license tax of one percent (1%) on all persons and business entities conducting business, occupations and professions within Whitley County.

Pursuant to KRS 67.750 to 67.790, Corbin enacted an occupational license tax by way of Ordinance No. 13-2005, duly enacted on August 11, 2005. Corbin’s Ordinance imposes an occupational license tax of one percent (1%) on all persons and business entities conducting business, occupations and professions in Corbin.

Williamsburg has the authority under KRS 67.750 to 67.790 to impose an occupational license tax by Ordinance, whereby, Williamsburg would collect an occupational license tax of up to one percent (1%) on all persons and business entities conducting business, occupations and professions in Williamsburg.

Where cities in counties of more than 30,000, like Whitley County, impose an occupational license tax, KRS 68.197(7) provides that the payment of the city occupational license tax may be credited against any occupational license tax imposed by the county.

Notwithstanding the provisions of KRS 68.197(7), the parties intend by this Agreement to:

(A) Eliminate dual occupational license tax burdens for the persons and business entities subject to their occupational license taxes; and

(B) To provide a system for disbursement of the occupational license tax revenue among Whitley County, Corbin and Williamsburg in a manner that is fair, equitable and consistent with the Kentucky Revised Statutes.

It is in the best interest of Corbin, Williamsburg and Whitley County to apportion revenues generated from occupational license taxes in order to promote stable economic development, to avoid competition for economic development and to share in the joint promotion of future economic growth.

The parties acknowledge their capacity to enter into and form an agreement pursuant to the provisions of KRS 65.210 through KRS 65.300 and the parties acknowledge their intent and desire to enter into this interlocal agreement.

IN CONSIDERATION OF THE MUTUAL PROMISES HEREINAFTER MADE, IT IS HEREBY AGREED, BY AND BETWEEN THE PARTIES AS FOLLOWS:

SECTION 1

APPORTIONMENT

1.1 From July 1, 2024, through June 30, 2028, Whitley County shall have the sole right and duty to collect the occupational license tax from all taxpayers in Whitley County pursuant to Whitley County Ordinance No. 2005-08.

1.2 Established on October 1, 2005, and through the termination of this Agreement, all occupational license taxes paid and collected from taxpayers in Whitley County shall be deposited into an escrow account. Whitley County, Corbin and Williamsburg agree to continue utilizing an escrow agent and to execute all such agreements as shall be required to satisfy the escrow agent that periodic payments may be made by the agent directly to Corbin and Williamsburg for their separate portions of the collected occupational license taxes. Whitley County, Corbin and Williamsburg will each pay one third (1/3) of the cost of an annual audit of the account to be conducted by a mutually agreed upon independent auditor.

1.3 Out of the escrow account, Whitley County shall recoup its actual expenses incurred in the administration and collection of the occupational license taxes in Whitley County. In no event, however, shall this amount exceed five percent (5%) of the gross amount of occupational license taxes collected in any one year. Whitley County’s actual expenses shall be recouped as follows:

(1) Whitley County shall estimate its annual costs for the administration and collection of the occupational license tax;

(2) Whitley County shall divide its estimated annual costs into four equal amounts to arrive at the estimated quarterly costs;

(3) The estimated quarterly costs shall then be divided by three to determine the estimated quarterly costs to be assessed for each party to this Agreement; and

(4) Corbin’s share of the estimated quarterly costs and Williamsburg’s share of the estimated quarterly costs shall be subtracted from their respective quarterly payments as called for in sections 1.4 through 1.5 of this Agreement. At the end of each year, Whitley County shall reconcile the estimated costs for administration and collections of the occupational license tax with the actual costs incurred and make the appropriate adjustment in the next quarterly payment to Corbin and Williamsburg. Whitley County shall also maintain an accounting of its actual expenses for the administration and collection of the occupational license tax and provide that accounting to Corbin and Williamsburg on an annual basis.

1.4 Out of the escrow account for the periods of July 1, 2024, through June 30, 2028, Whitley County shall pay to Corbin 75% of all occupational license taxes collected for those periods from taxpayers in Corbin. Payments shall be made on a quarterly basis within 30 days after the end of each calendar quarter.

1.5 Out of the escrow account and for the periods of July 1, 2024, through June 30, 2028, Whitley County shall pay to Williamsburg 75% of all occupational license taxes collected for those periods from taxpayers in Williamsburg. Payments shall be made on a quarterly basis within 30 days after the end of each calendar quarter.

SECTION II

ADMINISTRATION

2.1 Whitley County shall maintain a list of the names and addresses of all occupational license taxpayers in Corbin and a list of the names and addresses of all occupational license taxpayers in Williamsburg and provide copies of such lists to Corbin and Williamsburg with each quarterly payment required by 1.4 through 1.5 of this Agreement. Corbin and Williamsburg shall each report to Whitley County the names and address of any occupational taxpayer who is not on Whitley County’s list and the list shall be updated to accurately reflect the occupational license taxpayers in each city.

2.2 The terms of this Agreement shall remain effective notwithstanding the future application of or amendments to KRS 68.197.

2.3 This Agreement will be administered by the County Judge/Executive of Whitley County, the Mayor of Corbin and the Mayor of Williamsburg or their respective designees who shall have authority to enact rules and regulations to implement and carry out this Agreement.

SECTION III

TERM

3.1 This Agreement shall be in effect for a term of four (4) years beginning July 1, 2024, and ending on June 30, 2028.

3.2 This Agreement shall be valid and binding only when all of the following acts have occurred:

(A) Execution by the Mayors of Corbin and Williamsburg as authorized by their respective City Commissions and/or Councils, pursuant to duly enacted municipal ordinances;

(B) Execution by the Whitley County Judge/Executive as authorized by the Whitley County Fiscal Court pursuant to a duly enacted County Ordinance No. 2024-01.

(C) Filing of attested copies with the Secretary of State of the Commonwealth of Kentucky and the County Clerk of Whitley County as required by KRS 65.290.

In witness whereof, we have hereunto set our hands pursuant to the law of the Commonwealth of Kentucky and duly enacted City and County Ordinances, copies of which are attached hereto, authorizing execution of this Agreement.

First Reading: Introduced for the first reading on Motion made by Harrison and seconded by Jarboe and passed by majority of vote of the Whitley Fiscal Court in duly assembled session on this 16th day of January, 2024.

PAT WHITE, JR., WHITLEY COUNTY JUDGE/EXECUTIVE

ATTEST: CAROLYN WILLIS, WHITLEY COUNTY COURT CLERK