Legal Notices for 2/19/14

 

 CITY OF WILLIAMSBURG, KENTUCKY, BOARD OF ZONING ADJUSTMENT, NOTICE OF PUBLIC HEARING

Notice is given that the Planning & Zoning Commission and the Board of Zoning Adjustment of the City of Williamsburg, Kentucky will hold a public hearing on March 3rd, 2014 at 5:30 p.m. at Williamsburg City Hall Council Chambers, located at 423 Main Street, Williamsburg, Kentucky, to consider the application filed by Richard Foley to begin building a house in an R1 zone, located on Pelham St, Williamsburg, Kentucky.

The public is invited to attend the meeting and make comments to the Commission regarding the proposed apartment building.

HON. GRETA S. PRICE,  WILLIAMSBURG CITY ATTORNEY

PO BOX 848, WILLIAMSBURG KY 40769; 606-546-2780

 

 

CITY OF WILLIAMSBURG, KENTUCKY

ORDINANCE NO.  14-001

AN ORDINANCE RELATING TO AMENDMENT OF THE UNNUMBERED ORDINANCE DATED APRIL 3, 1989 RELATING TO THE FINANCE AND COST OF ACQUISITION, CONSTRUCTION, OPERATION AND MAINTENANCE OF FACILITIES USEFUL IN THE ATTRACTION AND PROMOTION OF TOURIST AND CONVENTION BUSINESS IN THE CITY OF WILLIAMSBURG, KENTUCKY.  (RESTAURANT TAX)

WHEREAS, the City Council has experienced the need for continued funding for the promotion of recreational, convention and tourist activity within and around the City of Williamsburg; and

WHEREAS, the city has a Tourist and Convention Commission for the promotion of these activities within the City of Williamsburg, known as the Williamsburg Tourism and Convention Commission; and

WHEREAS, KRS 91A.400 authorizes the imposition of a 3% special tax on the gross retail sales of restaurants doing business within the City of Williamsburg, Kentucky for the funding of the Recreation, Tourism and Convention Commission;

BE IT HEREBY ORDAINED by the Council of the City of Williamsburg, Kentucky, as follows:  

SECTION 1:  For the purpose of operation of the Williamsburg Tourism and to finance the cost of acquisition, construction, operation and maintenance of facilities useful in the attraction and promotion of tourist and convention business, including the city park system, there is hereby imposed and levied a special tax of 3% of the gross retail sales of restaurants doing business within the city.

SECTION 2:  As used in this ordinance, Restaurant means: any fixed or mobile commercial establishment that engages in the preparation and serving of ready-to-eat foods in portions to the consumer, including, but not limited to: restaurants; coffee shops; bakery; cafeterias; short order cafes; luncheonettes; concession stands; grills; tearooms; sandwich shops; soda fountains; taverns; bars; cocktail lounges; nightclubs; roadside stands; street vendors; catering; commissaries; or similar places in which food is prepared for sale for consumption on the premises or elsewhere.  It does not include school operated cafeterias, churches and other non-profit organizations.  Also excluded are Old Fashioned Trading Days and other non-profit community events, food vending machines, establishments serving beverages only in single service or original containers or retail food markets which only cut, slice and prepare cold-cut sandwiches for individual consumption.  School cafeterias and any other non-profit organizations food service operated by an independent company will be taxable.  However; this special tax shall not be assessed on any meal obtained using a resident student semester meal plan included as a part of room and board fees.  (Excluded:  alcoholic drinks that are subject to a regulatory fee under KRS 111.17.)

SECTION 3: Temporary food stands, booths, street concessions and similar type operations, whether operated by non-profit corporations or not, when food is prepared and sold for immediate consumption, are not exempt from this tax.

SECTION 4: On and after September 1, 1998, every person, company, corporation or other like, or similar persons, groups or organizations doing business as restaurants located in the city shall pay monthly to the City Clerk a tax of 3% of the gross retail sales collected by them during the preceding month.  Such tax shall be due and payable to the City Treasurer twenty (20) days after the last day of each month, together with a return on a form furnished by or obtained from the City Clerk, setting forth and aggregate amount of gross retail sales charged and collected during the period to which the tax applies, together with such other pertinent information as the Treasurer may require.  Restaurants would begin collecting September 1, 1998, and make the first payment before October 1, 1998.

SECTION 5:  Any tax imposed by this ordinance which shall remain unpaid after it becomes due, as set forth herein, shall have added to it a penalty of 10%, together with interest at the rate of 6% against the total amount of tax overdue at any time.  After sixty (60) days, the amount of penalty shall be compounded each month.  These penalties are the same as those for late payment of city occupational taxes.  Penalty or interest not paid shall have the same 10% penalty, together with interest at the rate of 6% against the total amount of the penalty and interest.  Violator shall pay all cost including attorney fees, court fees and other expenses involved in the collection of past due amount.  Any person presenting for payment a credit card, check or draft payment of the taxes set forth in this section and the payment is dishonored, returned for non-sufficient funds (NSF) or charged back to the city account for any reason shall be charged a fee of fifty dollars ($50.00) in addition to any other penalties, fees or interest provided herein.  Any payment to the city which is dishonored, returned for non-sufficient funds (NSF) or charged back to the city account for any reason shall be treated as if payment had not been received and penalties and interest for non-payment provided for herein shall be charged.

SECTION 6:  As reimbursement for the cost of collection and remitting the tax, the restaurant owner, corporation, person or entity responsible for collecting the tax shall deduct on each return, two percent (2%) of the first One Thousand Dollars ($1,000.00) tax due and one and one-quarter percent (1 ¼%)  of the tax in excess of One Thousand Dollars ($1,000.00) provided the amount due is not delinquent at the time of payment.

SECTION 7:  The tax imposed herein shall be in addition to other general taxes and the occupational or business license taxes payable to the City of Williamsburg.

SECTION 8:  It will be the responsibility of the tax payer to maintain books, records, and papers in support of all amounts reported on the monthly return.  The City will be permitted to examine the books, records and papers of the tax payer upon notification in writing to the tax payer.

SECTION 9:  Any person who shall purposefully refuse to file a return, pay the tax due, or who shall knowingly file a false or fraudulent return required herein, shall be guilty of a misdemeanor subject to a fine of not more than $100.00 for each violation, imprisonment for not more than thirty (30) days, or both.

SECTION 10:  A collection fee in the amount of 2% 3% of the first $1,000.00 and 1¼% 2% of the tax in excess of $1,000.00 shall be retained by the city.

SECTION 11:  The Tourism and Convention Commission shall annually submit to the City Council a request for funds for the operation of the commission for the ensuing year.  The council shall include the commission in its annual budget and shall provide funds for the operation of the commission in its annual budget.

SECTION 12:  The funds collected from this tax shall be maintained by the City Clerk in a special fund and disbursed to the commission in accordance with its annual budget.  All such money shall be used solely for the purpose of promoting recreational, convention and tourist activity in the city as set out in KRS Section 91A.390, and shall not be used to provide a subsidy in any form to any hotel, motel or restaurant.  Any money not expended by the Commission during any fiscal year will be used to make up a part of the Commission’s budget for the next fiscal year.

SECTION 13:  The Treasurer and any other officer of the Commission writing checks or handling funds shall be bonded by the City of Williamsburg in an amount commensurate to the largest amount of money on hand in any given month.

SECTION 14:  The Williamsburg City Council forbids the Commission to issue revenue bonds or the borrow money beyond the fiscal year without the express approval of the Williamsburg City Council.  The fiscal year shall begin July 1, of each year and terminate on June 30 following.

SECTION 15:  A lien is granted unto the City of Williamsburg upon all property, real and personal, of any restaurant facility, to secure the unpaid tax receipts due from that restaurant.  The lien shall be perfected by filing a notice of tax due and statement of lien in the office of the County Court Clerk, describing the property on which the lien is asserted. 

SECTION 16:  The city shall be entitled to injunctive relief in the Circuit Court, both temporary and permanent, against any person or entity that fails to pay the tax imposed by this ordinance, ordering said person or entity to stop doing business and close to the public and for a judgment revoking any privilege license held by such person or entity.

SECTION 17:  The city shall be entitled to judgment for all attorney fees, court costs and expert witness fees expended in any proceeding for injunctive relief or for collection of the tax imposed in this ordinance. 

SECTION 18: All other provisions of the unnumbered ordinance dated April 3, 1989 remain in full force and effect.

SECTION 19:  This ordinance shall take effect after its passage and upon publication. 

First Reading: January 13, 2014

Second Reading:  February 10, 2014

Enacted this the  10th day of February, 2014.

RODDY HARRISON, MAYOR

ATTEST: TERESA BLACK, CITY CLERK

**Original Ordinance 4-3-1989, 98-005, 2004-005 all Combined in this ordinance and updated.

 

 

CITY OF WILLIAMSBURG, KENTUCKY

ORDINANCE NO. 14-002

ESTABLISHING DATE AND TIME OF WILLIAMSBURG CITY COUNCIL MEETINGS.

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

(A) The regular monthly meeting of the City Council shall be held at 5:00 p.m. on the Second Monday of each month at City Hall.

(B) Special meetings of the Council may be called by the Mayor.  In the call, the Mayor shall designate the specific purpose, time, and place of the special meeting with sufficient notice for the attendance of Council members and for compliance with KRS Chapter 61.

(C) At a special meeting no business may be considered other than that set forth in the designation of purpose.

 (D) The minutes of every meeting shall be signed by the officer presiding at the meeting and attested by the City Clerk.  In the absence of the City Clerk, the City Attorney shall attest presiding officer’s signature.  

(KRS 83A.130 (11))

(E)  All other ordinances are repealed.

ENACTED ON THIS 10TH DAY OF FEBRUARY, 2014.

RODDY HARRISON, MAYOR

ATTEST: TERESA BLACK, CITY CLERK

First Reading:January 13, 2014

Second Reading:  February 10, 2014.

 

 

BID NOTICE:

The Whitley County Health Department will be taking sealed bids on a 2001 Chevrolet Silverado. This vehicle is 2 WD, 2D, V6, automatic with 161,000 miles. Vehicle is being sold as is. Sealed bids can be turned in to either the Williamsburg or Corbin office of the Health Department by 12:00 pm on Friday, February 28, 2014. For more information, please call Bill Freeman at 606-280-3562 or Cindy Rice 606-549-3380.

 

 

PUBLIC NOTICE

An ordinance amending the Whitley County Budget for Fiscal Year 2013-2014, to include unanticipated receipts increasing/decreasing from the General, Road and Jail funds in the amount of $193,829.00 and increasing/decreasing expenditures from the General, Road and Jail funds in the amount of $193,829.00 was passed on 02/18/14. 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