Legal Notices for 10-6-2021

NOTICE:

Notice is hereby given by order of the Whitley District Court that the following appointments have been made:

Tambrey Engle, 1233 Candle Ridge Church Rd., Gray, KY 40734 was appointed as administratrix on 9/13/2021 for the estate of Robin C. Prewitt (deceased), 3505 Whetstone Road, Rockholds, KY 40759.

Denny Waddell, 48 Mosley Road, Rockholds, KY 40759 was appointed as executor on 9/27/2021 for the estate of Portia Roberta Cox (deceased), 5570 Meadow Creek Road, Rockholds, KY 40759.

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 30th day of September, 2021.

GARY W. BARTON, CLERK

DISTRICT & CIRCUIT COURTS

WHITLEY COUNTY/WILLIAMSBURG, KY 40769

 

NOTICE:

Stephanie and Janet Owens have filed the final settlement for the estate of Layton Jesse Owens (deceased). The settlement hearing will be held on 11/15/2021 at 10:00 AM.

Edward E. Woods has filed the final settlement for the estate of Narva Bryant (deceased). The settlement hearing will be held on 11/15/2021 at 10:00 AM.

Exceptions, if any, must be filed prior to November 1st, 2021.

The hearing will be held at Whitley District Court, 100 Main Street, Courtroom D, Williamsburg, KY 40769.

Given under my hand this 30th day of September, 2021.

GARY W. BARTON

WHITLEY CIRCUIT/DISTRICT COURTS

WILLIAMSBURG, KY 40769

 

PUBLIC NOTICE

An Ordinance amending the Whitley County Budget for Fiscal Year 2020-2021, to include unanticipated receipts increasing/decreasing from various funds in the amount of $3,897,643.50 and increasing/decreasing expenditures from the various funds in the amount of $3,897,643.50 was passed on 09/29/21. A copy of the Ordinance with full text is available for public inspection at the Office of the County Judge Executive during normal business hours.

PAT WHITE, JR., COUNTY JUDGE EXECUTIVE

 

INVITATION TO BID

The City of Corbin, Kentucky is accepting sealed bids for the resurfacing and painting of the Arena basketball court.

Specifications include a 120’ x 60’ Conner basketball floor. For additional information please contact the City Clerk 606-528-0669 or tori.mouser@corbin-ky.gov. Sealed bids shall be received in the office of the City Clerk, located at the Corbin Government Center, 805 South Main Street, Corbin, KY 40701, no later than 10 a.m. Thursday, October 14, 2021. The bid opening will also take place on October 14, at 10:30 a.m. in the upstairs meeting room at the Corbin Government Center. The City of Corbin reserves the right to accept or reject any/all bids.

 

ORDINANCE NO. 2021-10

AN ORDINANCE FIXING THE TAX RATE ON MOTOR VEHICLES FOR THE YEAR 2022

BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF CORBIN, KENTUCKY, AS FOLLOWS:

1. That an Ad Valorem Tax of Twenty Four and Twenty Three Hundred Cents (.2423) be and the same is now hereby levied on each One Hundred Dollars ($100.00) worth of taxable value of motor vehicles for the year 2022.
2. Each of the levies is hereby made for the following separate and distinct uses, to wit:
3. That .1551 out of every Twenty Four and Twenty Three Hundred Cents (24.23) of the aforesaid tax is hereby levied for the Current Expense Fund.
4. That .0727 out of every Twenty Four and Twenty Three Hundred Cents (24.23) of the aforesaid tax is hereby levied for the benefit of the Police and Firemen Pension Fund.
5. That .0145 out of every Twenty Four and Twenty Three Hundred Cents (24.23) of the aforesaid tax is hereby levied for the benefit of the Library Fund.
6. Each and every aforesaid levy is hereby designated separate and distinct levy and taxes collected thereunder shall be used for no other purpose than the designated and in the event any one or more of said levies is held to be unauthorized by law, it shall in no wise affect the other tax levies as provided in this ordinance.
7. All ordinances or parts of ordinances in conflict herewith are hereby repealed.

First Reading: 09/20/2021

Second Reading: 09/28/2021

Approved: Suzie Razmus, Mayor

Attest: Tori Mouser, City Clerk

 

SUMMARY OF ORDINANCE 2021-11

At a meeting held on September 28, 2021, the governing body of the City of Corbin, Kentucky adopted the following ordinance:

AN ORDINANCE APPROVING A LEASE FOR THE FINANCING OF A PROJECT PROVIDING FOR THE PAYMENT AND SECURITY OF THE LEASE; CREATING A SINKING FUND; AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS RELATED TO SUCH LEASE

It is hereby certified that the foregoing ordinance provides for approval of a lease with Kentucky Bond Corporation for financing certain public improvements and provides a general obligation pledge to assess sufficient taxes to comply with the obligations to pay lease payments. The full text of the section relating to the pledge to levy and assess a tax to pay the lease obligation is:

Section 2. General Obligation Pledge. Pursuant to the Constitution of the Commonwealth and Chapter 66 of the Kentucky Revised Statutes, as amended (the “General Obligation Statutes”), the obligation of the Lessee created by the Lease shall be a full general obligation of the Lessee and, for the prompt payment of the Lease Payments, the full faith, credit and revenue of the Lessee are hereby pledged. During the period the Lease is outstanding, there shall be and there hereby is levied on all the taxable property in the Lessee, in addition to all other taxes, without limitation as to rate, a direct tax annually in an amount sufficient to pay the Lease Payments on the Lease when and as due, it being hereby found and determined that current tax rates are within all applicable limitations. Said tax shall be and is hereby ordered computed, certified, levied and extended upon the tax duplicate and collected by the same officers in the same manner and at the same time that taxes for general purposes for each of said years are certified, extended and collected. Said tax shall be placed before and in preference to all other items and for the full amount thereof; provided, however, that in each year to the extent that the other taxes of the Lessee are available for the payment of the Lease Payments and are appropriated for such purpose, the amount of such direct tax upon all of the taxable property in the Lessee shall be reduced by the amount of such other taxes so available and appropriated.

There is hereby established, or it is acknowledged that there has heretofore been established, with the Lessee a sinking fund (the “Sinking Fund”). The funds derived from said tax levy hereby required or other available taxes shall be placed in the Sinking Fund and, together with interest collected on the same, are irrevocably pledged for the payment of all bonds or obligations issued under the General Obligation Statutes and all Tax Supported Leases, as defined in General Obligation Statutes, including the Lease herein authorized, when and as the same fall due. Amounts shall be transferred from the Sinking Fund to the Lessor at the times and in the amounts required by the Lease.

A complete copy of the ordinance may be reviewed at the office of the City of Corbin, Kentucky.

By /s/ Tori Mouser, City Clerk

The undersigned, an attorney licensed to practice law in the Commonwealth of Kentucky, hereby certifies that the foregoing is a true and accurate summary of an Ordinance that has been prepared by an attorney licensed to practice law in the Commonwealth of Kentucky.

/s/ Daniel D. Briscoe, Jr.

Dinsmore & Shohl LLP

Louisville, Kentucky

 

ORDINANCE NO. 2021-12

AN ORDINANCE FIXING THE TAX RATE LEVYING A TAX FOR THE YEAR 2021 FOR THE CITY OF CORBIN, KENTUCKY.

BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF CORBIN, KENTUCKY AS FOLLOWS:

1. That an Ad Valorem Tax of Thirty Two and One Tenth Cents (32.1) be and the same is now hereby levied on each One Hundred dollars ($100.00) worth of taxable property, real and mixed, of every kind and description. And that an Ad Valorem Tax of Thirty Nine and Seventy Three Hundred Cents (39.73) be and the same is now hereby levied on each One Hundred Dollars ($100.00) worth of personal property, tangible and intangible, and the taxable situs of which was in the City of Corbin, Kentucky for municipal purposes in cities of Home Rule class.
2. Each of the levies is hereby made for the following separate and distinct uses to wit:

REAL PROPERTY

20. That 20.54 cents out of every Thirty Two and One Tenth Cents (32.1) of the aforesaid tax for city purposes is hereby levied to provide a Current Expense Fund for the City of Corbin to pay the general expenses of the City and the improvements of its property.
21. That 9.63 cents out of every Thirty Two and One Tenth Cents (32.1) of the aforesaid tax for city purposes is hereby levied for the benefit of the Police and Firemen Pension Fund.
22. That 1.93 cents out of every Thirty Two and One Tenth Cents (32.1) of the aforesaid tax for city purposes is hereby levied for the benefit of the Library Fund.

PERSONAL PROPERTY

25. That 25.43 cents out of every Thirty Nine and Seventy Three Hundred Cents (39. 73) of the aforesaid tax for city purposes is hereby levied to provide a Current Expense Fund for the City of Corbin to pay the general expenses of the City and the improvements of its property.
26. That 11.92 cents out of every Thirty Nine and Seventy Three Hundred Cents (39.73) of the aforesaid tax for city purposes is hereby levied for the benefit of the Police and Firemen Pension Fund.
27. That 2.38 cents out of every Thirty Nine and Seventy Three Hundred Cents (39.73) of the aforesaid tax for city purposes is hereby levied for the benefit of the Library Fund.
28. Each and every aforesaid levy is hereby designated a separate and distinct levy and the taxes collected thereunder shall be used for no other purposes than the designated and in the event any one or more of said levies is held to be unauthorized by law, it shall in no wise affect the other tax levies as provided in this ordinance.
29. All ordinances or parts of ordinance in conflict herewith are hereby repealed.

First reading: 09/20/2021

Second reading: 09/28/2021

Approved: Suzie Razmus, Mayor

Attest: Tori Mouser, City Clerk

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 861-0543 RN-01

In accordance with the provisions of KRS 350.070, notice is hereby given that Mountainside Coal Co., LLC, 7692 S. Hwy 25-W, Williamsburg, KY, has applied for a coal mining and reclamation operation located near Permon in Knox and Whitley Counties.  The permit proposes 330.2 acres of surface disturbance and will underlie an additional 592.2 acres making a total area of 922.4 acres within the permit area.

The proposed operation is approximately 1.2 miles north of the intersection of Hwy 779 and Hwy 1418 and located near Flat Creek and Cotton Creek.

The proposed operation is located on the Barbourville & Rockholds U.S.G.S. 7 1/2 minute quadrangle maps.  The surface area to be disturbed is owned Robert Lambdin, Vickie Partin, Charles Cupp, Carolyn A. Moses, David Monhollen, Glenn Lawson, Willard (Wayne) Hubbs, Donald Mackey, Calvin Jones, Willard & Freda J Hubbs, James Carter, Blanche & Harold Edward Ward, Venda Hill, Joyce Lawson, Debbie Lawson and Gino Cima.  The underground operations will underlie land owned by Robert Lambdin, Vickie Partin, Charles Cupp, Carolyn A. Moses, David Monhollen, Glenn Lawson, Willard (Wayne) Hubbs, Donald Mackey, Calvin Jones, Willard & Freda J Hubbs, James Carter, Blanche & Harold Edward Ward, Venda Hill, Joyce Lawson, Debbie Lawson, Gino Cima and Denver Ray & Millard Elliott.  The operation will use the contour, auger and highwall mining methods of mining.  Refuse from coal mined on this permit may be returned to the pits and buried as part of the reclamation process.

The permit application has been filed for public inspection at the Department for Natural Resources, Division of Mine Reclamation and Enforcement’s Middlesboro Regional Office, 1804 East Cumberland Avenue, Middlesboro, KY 40965-1229.  Written comments, objections, or requests for a permit conference must be filed with the Director, Division of Permits, #2 Hudson Hollow, U.S. 127 South, Frankfort, Kentucky 40601.

 

NOTICE OF BOND RELEASE

Permit # 918-0478

In accordance with KRS 350.093, notice is hereby given that Alden Resources LLC, 332 West Cumberland Gap Parkway, Suite 100, Corbin, KY 40701, has filed for a Phase I, Phase II & Phase III Bond Release on Increments 1, 2 and 3 of permit number 918-0478 which was last issued on 01/11/2021. The application covers an area of approximately 150.20 acres located approximately 0.26 miles northeast from the junction of Springtown Road with KY1064 and located 0.95 miles west of Meadow Creek. The operation is further located 0.95 miles west of Meadow Creek in Whitley County.

The bonds now in effect are as follows:

Increment one (1) is a Surety Bond in the amount of $179,400.00. Approximately 100% of the original bond amount of $179,400.00 is included in this application for release.

Increment two (2) is a Surety Bond in the amount of $ 84,700.00 Approximately 100% of the original bond amount of $ 84,700.00 is included in this application for release.

Increment three (3) is a Surety Bond in the amount of $198,800.00. Approximately 100% of the original bond amount of $198,800.00 is included in this application for release.

Reclamation work performed includes: Backfilling, re-grading, topsoil replacement, and drainage control including soil preparation and initial seeding and mulching in accordance with the approved reclamation plan, completed March 2018.

Written comments, objections, and requests for a public hearing of informal conference must be filed with the Director, Division of Field Services, 300 Sower Boulevard, 2nd Floor, Frankfort, KY 40601, by 11/19/2021.

A public hearing on the application has been scheduled for 11/22,2021at 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 11/19/2021.

 

NOTICE OF BOND RELEASE

Permit # 918-0497

In accordance with KRS 350.093, notice is hereby given that Alden Resources LLC, 332 West Cumberland Gap Parkway, Suite 100, Corbin, KY 40701, has filed for a Phase I Bond Release on Increment 1, of permit number 918-0497 which was last issued on 06/08/2021. The application covers an area of approximately 145.56 acres located approximately 0.11 miles southwest of KY 779 junction with KY 26 and located 0.15 miles southwest of the confluence of Browns Creek with Watts Creek and 01.5 miles east of Williamsburg in Whitley County Kentucky. The bonds now in effect are as follows:

Increment one (1) is a Surety Bond in the amount of $186,200.00. Approximately 60% of the original bond amount of $186,200.00 is included in this application for release.

Reclamation work performed includes: Backfilling, re-grading, topsoil replacement, and drainage control including soil preparation and initial seeding and mulching in accordance with the approved reclamation plan, completed April 2021.

Written comments, objections, and requests for a public hearing of informal conference must be filed with the Director, Division of Field Services, 300 Sower Boulevard, 2nd Floor, Frankfort, KY 40601, by 11/19/2021.

A public hearing on the application has been scheduled for 11/22/2021 at 10:00 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 11/19/2021.