Legal Notices for 5/4/2011, page 2

 

 7. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 19th day of April, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616, FACSIMILE: (606) 528-0709

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO.: 10-CI-01015

THE BANK OF NEW YORK MELLON, AS TRUSTEE, BY AND THROUGH ITS ATTORNEY-IN-FACT, VANDERBILT MORTAGE AND FINANCE, INC., PLAINTIFF, VS. JAMES ANGEL; JENNIE M. ANGEL;  CREDIT ACCEPTANCE CORPORATION; and WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 4, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, May 9, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Default Judgment In Rem against the defendants, James Angel and Jennie M. Angel, plus costs is as follows:

(1) The principal sum in the amount of $36,347.49 with interest thereon at the contract rate of 14.99% per annum from September 17, 2010 until April 4, 2011, and thereafter at the contract rate, until paid.

(2) The property shall be sold as a whole along with the mobile home currently situated on the real property described as a 2001 Clayton Mobile Home, Serial No. CWP0095666TN. 

The property to be sold is as follows:

A certain tract of land located in Whitley County, Kentucky lying on the south side of the McNeil-Corn Creek Road 1.85 miles west of its junction with Kentucky Route 1034, on the waters of Corn Creek and more particularly described as follows:

Beginning at a point in the center of Corn Creek in the right of way of the McNeil-Corn Creek Road, referenced by an iron pin/cap which bears South 67°59’46” West 9.96 feet, also a corner to Delbert Swafford (D.B. 260, Pg. 115), thence down Corn Creek, in part with Delbert Swafford and in part with the Boyd Swafford reserve tract, South 57°22’52” East 214.05 feet to an iron pin; Thence severing the lands of Boyd Swafford 2 new lines:

1) South 48°51’11” West 221.26 feet to appoint witnessed by an iron pin/cap which bears North 16°47’17” West 93.69 feet;

2) North 16°47’17” West 221.26 feet to a point in the right of way of the McNeil-Corn Creek Road referenced by an iron pin/cap which bears North 16°47’17” West 2.29 feet; Thence with the right of way of Corn Creek Road three lines;

1) North 66°28’45” East 31.71 feet to a point;

2) North 48°55’16” East 55.10 feet to a point;

3) North 35°49’18” East 60.39 feet to the beginning, containing 1.00 acres according to a survey performed by Forrester W. Hamilton, PLS 2736, on October 7, 2001. 

The above-described tract is a part of Deed Book 339, Page 320, Whitley County Clerk’s Office.

Property Address:

1644 McNeil Corn Creek Road, Rockholds, KY 40759

TERMS OF SALE

1. The above property is indivisible and shall be sold as a 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 ten percent (10%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, it shall be entitled to a credit of its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable, and in that event, no payment shall be required and no bond shall be executed by them.

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 this 19th day of April, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO.: 10-CI-01012

FORCHT BANK, NA SUCCESSOR IN INTEREST TO WILLIAMSBURG NATIONAL BANK, PLAINTIFF, VS. THOMAS R. PREWITT and his wife, MARY GRACE PREWITT; and  WHITLEY COUNTY, KENTUCKY, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE   

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 4, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, May 9, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Default Judgment In Rem against the defendants, Thomas R. Prewitt and his wife, Mary Grace Prewitt, plus costs is as follows:

(1) The principal sum in the amount of $25,621.73 as of March 22, 2011, plus interest at the rate of 9.99%, per Count I of the plaintiff’s Complaint.

(2) And the principal sum in the amount of $14,813.31 as of March 22, 2011, plus interest at the rate of 4.25%, per Count II of the plaintiff’s Complaint.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

BEGINNING on a US Forest Service Corner No. 60 on North bank of Craig Road; thence with US line N 61° 24’ W 650 ft. to a white oak; thence N 35° 30’ E 210 ft to an iron stake; thence S 82° E 540 ft to an iron stake; thence S 56° 45’ E 280 ft to an iron stake on the North bank of Craig Road thence S 44° 45’ W 177 ft with road to iron stake; thence S 54° 45’ W 276.33 ft with road to point of BEGINNING.

BEING THE SALE PROPERTY acquired by Thomas R. Prewitt, single, by deed dated June 6, 2002, from Eva Prewitt, unremarried widow of Lowell Prewitt and Larry Prewitt and his wife, Orene Prewitt, recorded in Deed Book 435, Page 472, of the Whitley County Court Clerk’s Office, See also deed to Thomas R. Prewitt, single, dated July 18, 2002, from Eva Prewitt, unremarried widow of Lowell Prewitt, (deceased) and Larry R. Prewitt and his wife, Orene Prewitt, Marjorie G. Kerr, single, and Lendy B. Prewitt, single, and recorded in Deed Book 436, Page 586 of the Whitley County Court Clerk’s Office. See also Affidavit of Descent of Lowell Prewitt recorded in Deed Book 436, Page 576.

Property Address:  1221 Craig Road, Williamsburg, KY 40769

TERMS OF SALE

1. The above property is indivisible and shall be sold as a 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 ten percent (10%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, no payment shall be required and no bond shall be executed by them.

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 this 19th day of April, 2011.

HOWARD O. MANN, MASTER  COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 10-CI-00773

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR ABFC 2005-AQ1 TRUST,  ASSET-BACKED CERTIFICATES, SERIES 2005-AQ1, PLAINTIFF, VS. CHARLES D. FELTS; JENNIEFER M. FELTS; COUNTY OF WHITLEY; L&N FEDERAL CREDIT UNION, DEFENDANTS,

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on April 4, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, May 9, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Charles D. Felts and Jennifer M. Felts, plus costs, is as follows:

(1) The principal sum in the amount of $126,669.19, plus interest at the rate of 6.99000 percent per annum from April 1, 2010, together with amounts for late fees and assessments, advancements for protection of the property including but not limited to taxes and insurance, escrow advances, and attorney fees as permitted by KRS 411.195.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

Beginning at a Pine and Black Oak being Harts Corner, N.3. E. 300, to a 3 inch Cedar; thence North 173 feet to a stake; thence West 300 feet to a stake cornering on Canoe Branch; thence South 173 feet to the point of beginning, containing 1 acre more or less.

Following Black Diamond Road from the corner of Leland Sharp and Emit Hart’s line 20 feet west; thence South, .15 miles to the beginning of William and Karen Bray’s line. Thus being the right of way granted to Williams and Karen Bray from Leland and Gloria Sharp.

Being the same property conveyed to Charles D. Felts and Jennifer M. Felts, from Tri-County National Bank, by Deed dated 08/20/1999, recorded 08/27/1999, Deed Book 411, Page 587, Whitley County Clerk’s Records, and being known as 1365 Black Diamond Rd, Corbin, KY 40701.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within thirty (30) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, it shall be entitled to a credit of its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable, and in that event, no payment shall be required and no bond shall be executed by them.

2. 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.

3. 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.

4. 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.

5. 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.

6. This property is sold subject to the right of redemption, if applicable, provided in 28 USCA Sec. 2410.

Dated this 19th day of April, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. II

CIVIL ACTION NO. 09-CI-00553

21ST MORTGAGE CORPORATION, PLAINTIFF, VS. JEWELL PHILPOT; JAMES OTIS HARP;  SAMANTHA HARP; SAVANNAH N. MINTON; CENTRAL FINANCIAL SERVICES, INC.; COMMONWEALTH OF KENTUCKY, COURT OF JUSTICE; NORTHSIDE SUPPLY AND TRUSSES, INC.; UNKNOWN OCCUPANTS; COMMONWEALTH OF KENTUCKY, COUNTY OF WHITLEY; ALL UNKNOWN CREDITORS, IF ANY, WITH INTEREST IN PROPERTY LOCATED AT: 930 HWY 6, WOODBINE, KY.; UNKNOWN HEIRS, DEVISEES AND LEGATEES OF THE ESTATE, IF ANY, OF DONNA K. MINTON; UNKNOWN SPOUSE OF DONNA K. MINTON; UNKNOWN SPOUSE OF SAVANNAH N. MINTON; AND UNKNOWN SPOUSES OF UNKNOWN HEIRS, DEVISEES AND LEGATEES OF THE ESTATE, IF ANY, OF DONNA K. MINTON, DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on March 14, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, May 9, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The judgment against the defendants, Jewell Philpot; James Otis Harp; Samantha Harp; Savannah N. Minton; Unknown Occupants; All Unknown Creditors, if any, with interest in Property located at: 930 Hwy 6, Woodbine, KY.; Unknown Heirs, Devisees and Legatees of the Estate, if any, of Donna K. Minton; Unknown Spouse of Donna K. Minton; Unknown Spouse of Savannah N. Minton; and Unknown Spouses of Unknown Heirs, Devisees and Legatees of the Estate, if any, of Donna K. Minton, plus costs, are as follows:

(1) The principal sum in the amount of $72,300.01 plus, accrued interest thereon at the rate of 10.80000% per annum from February 11, 2011, until the amount has been paid in full.

(2) Including a 1997 Oakwood Mobile Home Serial Number HONCO2231590AB 28’ X 60’, including accessories.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

Beginning at a maple tree (the point of beginning) thence in an easterly direction with the right of way of Kentucky Highway 6 a distance of 90 feet to a concrete marker located on said right-of-way; thence north a distance of 470 feet to a dogwood located on the banks of Lynn Camp Creek; thence along said creek a distance of 75 feet to a maple (grantors former corner); thence with the creek to a big maple near the edge of Lynn Camp Creek where said creek meanders in western direction; thence from said big maple to the point of BEGINNING.

Being the same property Donna K. Minton obtained title to by deed dated 06-26-92 of record in MB 364 at Page 110 in the Office of the Whitley Co. Clerk.

Property Address:  930 Hwy 6, Woodbine, KY 40771.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a 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 ten percent (10%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within sixty (60) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, then, and in that event, no payment shall be required and no bond shall be executed by them.

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 this 19th day of April, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

COMMONWEALTH OF KENTUCKY 34TH JUDICIAL CIRCUIT

WHITLEY CIRCUIT COURT DIVISION NO. I

CIVIL ACTION NO. 09-CI-00026

TAX EASE LIEN INVESTMENTS 1, LLC, PLAINTIFF, VS. NANCY PAYTON, EARL MILLS, AMERICAN GENERAL FINANCE, INC., RESIDENTIAL FUNDING REAL ESTATE HOLDINGS, LLC (SUBSTITUTE FOR BANK ONE, NA), JAMES PRIDEMORE, WHITLEY COUNTY, KENTUCKY AND US BANK CUSTODIAN SASS MUNI V DTR,  DEFENDANTS.

NOTICE OF COMMISSIONER’S SALE

Pursuant to a Judgment and Order of Sale entered by the Whitley Circuit Court on March 14, 2011, I shall offer for sale at the Courthouse door in Williamsburg, Kentucky, at public auction on Monday, May 9, 2011, at 12:00 p.m., or thereabout, the real property described in this Notice.

The Default Judgment, in rem, against the defendant, Nancy Payton, Default Judgment against defendant, Earl Mills, and Summary Judgment against the defendant, Whitley County, Kentucky, plus costs, are as follows:

(1) The principal sum in the amount of $2,594.82, plus accrued interest in the amount of $298.32 through November 30, 2010, plus accrued interest in the per diem amount of $0.45 from November 30, 2010 until paid, actual and reasonable attorney fees expended herein in the amount of $1,400.00, court costs and filing fees expended in the amount of $576.84, and the costs of sale to be expended herein.

(2) Default Judgment, in rem, against the defendants, American General Finance, Inc. and James Pridemore, to the extent that said defendants’ interests, if any exist, in and to the property described below are hereby extinguished.

The property to be sold is as follows:

LOCATED in Whitley County, Kentucky:

BEGINNING at a post in the south end of the upper (Jackson’s) culvert at the right of way of Kentucky Highway 26; thence in an east southeast direction 80 feet to a post; thence in an eastern direction with the ditch 423 feet a steel post; thence in a southern direction 200 feet to a steel post; thence in a western direction 390 feet with the McNeal Hollow Road to Kentucky 26; thence in a northern direction 278 feet with the highway to the BEGINNING.

Being the same property conveyed to Nancy Payton and Earl Mills by deed dated September 25, 2000, of record in Deed Book 423, Page 427, in the Whitley County Clerk’s Office.

Property Address:  6608 Hwy 26, Rockholds, KY 40759.

TERMS OF SALE

1. The above property is indivisible and shall be sold as a whole to produce the sum of money so ordered to be made.

1. On the date of sale, the purchaser shall either pay cash or, with surety on a bond approved by the Commissioner, may pay ten percent (10%) down of the purchase price together with a bond (for the remainder of the purchase price) with good and sufficient surety, bearing interest from the day of the sale and payable to the Master Commissioner within sixty (60) days with interest at 12%.  Signatures of principal and surety on the bond shall have the effect of a Judgment.  In the event the Plaintiff or its representative is the purchaser, it shall be entitled to a credit of its judgment against the purchase price and shall only be obligated to pay court costs, the fees and costs of the Master Commissioner and any real estate taxes payable, and in that event, no payment shall be required and no bond shall be executed by them.

2. 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 this 19th day of April, 2011.

HOWARD O. MANN, MASTER COMMISSIONER

P.O. BOX 1344, CORBIN, KY 40702; TELEPHONE: (606) 528-0616

 

PUBLIC NOTICE

A Petition to Close a County Road has been presented to the Whitley County Fiscal Court concerning .16 miles of Rail Road Avenue. Pursuant to KRS 178.070, the hearing for this road closure, open to all interested parties, is scheduled to convene on May 16, 2011 at 6:00 p.m. during the regular scheduled court meeting. A review of the map pertaining to the road closure is available for viewing at the Whitley County Judge Executive’s office during regular business hours.

Pat White, Jr., Whitley County Judge Executive

 

BID NOTICE:

The Whitley County Board of Education is now accepting sealed bids on various surplus items. These items can be viewed by contacting T.O. Elliott at 606-549-7090.

All sealed bids will be due at the Whitley County Board of Education office, 300 Main Street, Williamsburg, Kentucky by 10:00 A.M. on Wednesday, May 18, 2011. The Board reserves the right to accept or reject any or all bids.

 

NOTICE OF INTENTION TO MINE

Pursuant to Application Number 918-0433

(1) In accordance with KRS 350.055, notice is hereby given that Alden Resources LLC, 332 West Cumberland Gap Parkway, Suite 100, Corbin, Ky 40701 , has filed an application for a permit for a surface coal mining and reclamation operation affecting 98.15 acres located 0.5 miles north of Perkins in Whitley County, Kentucky.

 (2) The proposed operation is approximately 0.8 miles east from Maple Creek Road’s junction with Brown Creek Road.   The latitude is N 36°47’01.68”.  The longitude is W 84°03’37.63”.  The surface area is owned by David Boyd, Dee Woods Heirs, William and Edna Hill, Ray and Geneva Hill and Doris Ann Vanover.

(3) The proposed operation is located on the Rockholds U.S.G.S. 7 ½ minute quadrangle map.  The operation will use the contour and auger methods of mining.

 (4) The application has been filed for public inspection at the Department for Natural Resources, 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.

 

PUBLIC NOTICE

Second Reading of a proposed Ordinance amending the Whitley County Budget for Fiscal Year 2010-2011, to include anticipated receipts increasing / decreasing from the General, Jail and Ambulance funds, in the amount of $52,281.00 and increasing / decreasing expenditures in the General, Jail and Ambulance funds in the amount of $52,281.00 will be held on 05/17/11 at 6:00 PM in the Whitley County Fiscal Court Room during the Regular Meeting. A copy of the proposed 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

 

CITY OF WILLIAMSBURG, KENTUCKY ORDINANCE NO. 11-003

AMENDMENT OF ORDINANCE #03-006 ESTABLISHING RATES AND CHARGES FOR THE USE OF AND THE SERVICES RENDERED BY THE CITY OF WILLIAMSBURG WATER AND SEWER SYSTEM.

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

WHEREAS, the City of Williamsburg desires to establish county water rates set forth in Ordinance #99-010.

PART I: The above styled Ordinance is hereby amended as follows:

PART II: WATER RATES

First 2,000 Gallons $11.85 Minimum Bill

Next 3,000 Gallons $4.00 Per Thousand

Next 10,000 Gallons $3.50 Per Thousand

All over 15,000 Gallons $3.50 Per Thousand

PART III: SEWER RATES

First 2,000 Gallons $11.10 Minimum Bill

Next 3,000 Gallons $4.25 Per Thousand

Next 10,000 Gallons $3.90 Per Thousand

All over 15,000 Gallons $3.80 Per Thousand

PART IV: COUNTY SEWER RATES

First 2,000 Gallons $16.65 Minimum Bill

Next 3,000 Gallons $6.40 Per Thousand

Next 10,000 Gallons $5.85 Per Thousand

All over 15,000 Gallons $5.20 Per Thousand

PART V: COUNTY WATER RATES

First 0-2,000 Gallons $20.00 Minimum Bill

All over 2,000 Gallons $8.00 Per Thousand

PART VI: NOW THEREFORE, let it be ordained that all sections of this Ordinance in conflict with preceding Ordinances are hereby repealed.

Enacted this 11th day of April, 2011.

RODDY HARRISON, MAYOR

ATTEST: TERESA H. BLACK, CITY CLERK

First Reading: March 14, 2011

Second Reading: April 11, 2011

 

CITY OF WILLIAMSBURG ORDINANCE NO. 11-001

AN ORDINANCE AMENDING (THE SEWER USE ORDINANCE) DATED OCTOBER 10, 1990, ARTICLE VIII. POWER AND

AUTHORITY OF INSPECTORS

BE IT ORDAINED BY THE CITY OF WILLIAMSBURG. KENTUCKY, AS FOLLOWS:

Article VIII. Power and Authority of Inspectors

13.12.510 Right to enter premises. The superintendent and other duly authorized employees and representatives of the city and authorized representatives of applicable federal and state regulatory agencies bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing pertinent to discharges to the public sewer system in accordance with the previsions of this chapter. The right to enter the premises is extended to and shall include those instances where repairs ordered by the City have been made and said entry shall be for the purpose of inspecting said repairs and shall include but not limited to, inspection observation, measurement, sampling repair and maintenance of any portions of the wastewater system. (Appendix C (Art. VIII(A) of an unnumbered ordinance dated October 10, 1990).

13.12.515 Liability of City for Damages.

A. The City shall not be liable for any damage to any customer of the sewer utility service furnished by the City due to backflow of the sewerage system, failure of supply, interruption of service or any other cause outside the direct control of the City. It is the customers’ responsibility to clear any blockage, maintain, repair, and or replace the lateral section of sewer line extending from the building to the city sewer. The City shall not be liable for any damage to any sewer customer due to sewage backflow resulting from blockage or damage to the lateral sewer line connecting the building to the main sewer line.

B. The water and sewer lines on city streets or easements which have been legally acquired by the City shall be maintained by the city water and sewer system All laterals extending from the city sewer to the property line or at the point where the house service is connected are the property of the sewer system and shall be maintained by and solely controlled by the city water and sewer system.

C. No persons(s) shall uncover, plug or make, any connection with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining written permission from the superintendent.

D. All costs and expense incident to the installation and connection of the building sewer shall be borne by the customer. The user shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. Connection to public sewers shall be made only by a plumber duly certified in writing. Fees for connection shall be as established by the city.

E. The building sewer may be brought into the building below the basement floor when gravity flow from the building to the sanitary sewer at a grade of one percent or more is possible. In cases where basement or floor levels are lower than the ground elevation at the point of connection to the sewer, adequate precautions, by installation of check valves or other backflow prevention devices to protect against flooding shall be provided by the user. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer at the expense of the owner.

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

ENACTED this 14th day of March, 2011.

First Reading: February 14, 2011.

Second Reading: March 14, 2011.

RODDY HARRISON, MAYOR

ATTEST: TERESA H. BLACK, CITY CLERK

 

CITY OF WILLIAMSBURG, KENTUCKY ORDINANCE NO. 11-002

AN ORDINANCE AUTHORIZING THE USE OF GOLF CARTS ON CERTAIN

DESIGNATED CITY STREETS

WHEREAS, KRS 189.286 was recently enacted by the Kentucky General Assembly which authorizes the use of golf carts on certain city streets;

WHEREAS, KRS 189.286 authorizes the City to regulate the operation of a golf cart on any public roadway under its jurisdiction if the City adopts an ordinance specifying each roadway that is open for golf cart use; and

WHEREAS, the City Council deems it appropriate and necessary to formally adopt the provisions of KRS 189.286;

NOW THEREFORE BE IT ENACTED BY THE CITY OF WILLIAMSBURG CITY COUNCIL THAT NEW PROVISIONS BE ADDED TO THE WILLIAMSBURG CODE OF ORDINANCES AS FOLLOWS:

Section 1: As used in this Chapter, the term “Golf Cart” means any self-propelled vehicle that:

1. Is designed for the transportation of players or maintaining equipment on a golf course, while engaged in the playing of golf, supervising the play of golf, or maintaining the condition of the grounds on a golf course;

2. Has a minimum of four (4) wheels;

3. Is designed to operate at a speed of not more than thirty-five (35) miles per hour;

4. Is designed to carry not more than six (6) persons, including the driver;

5. Has a maximum gross vehicle weight of two thousand five hundred (2,500) pounds;

6. Has a maximum rated payload capacity of one thousand two hundred (1,200) pounds; and

7. Meets the federal motor vehicle safety standards for low-speed vehicles set forth in 49 C.F.R. sec. 571.500.

Section 2: In compliance with [Section Three], golf carts may be operated on only the City streets whose speed limits are twenty-five (25) miles per hour or less.

Section 3: In order to be operated on such designated city streets, a golf cart shall:

1. Must fill out application for a yearly permit/sticker for the golf cart by the City of Williamsburg at a cost of $10.00, which is paid at the City Utility Office and issued after proof of inspection. Subsequent renewals of the permit shall be due on or before July 1 of each year. There shall be no proration of the fee for any permit issued after July 1. Insurance and proof of inspection by a certified inspector shall be presented prior to issuance of an official permit/sticker;

2. Be inspected by a certified inspector designated by the Whitley County Sheriff’s Department and certified through the Department of Vehicle Regulation to ensure that the golf cart complies with the requirements of this section. The inspection fee under this paragraph shall be five dollars ($5.00) if the inspection occurs at the Whitley County Sheriff’s Department in the Courthouse or ten dollars ($10.00) per trip charged if it becomes necessary for the certified inspector to travel to the site of the golf cart rather than having the golf cart brought to the Court House, then bring application back to city hall to show proof of inspection;

3. Display the permit/sticker, which has to be affixed to the lower left windshield of the golf cart that identifies that the golf cart is allowed to be operated on specific roadways within the City;

4. The golf cart displays a slow-moving vehicle emblem in compliance with KRS 189.820;

5. Be insured in compliance with KRS 304.39-080 by the owner or operator, and the proof of insurance shall be inside the golf cart at all times of operation on a public roadway;

6. Be operated only between sunrise and sunset; and

7. Be operated by a person with a valid operator’s license in his or her possession.

8. All motorized golf carts must be complete with rear view mirrors, lights (including brake lights, head lights and turn signals), and brakes.

Section 4: Any person operating a golf cart on a public roadway under the provisions of this Chapter shall be subject to the traffic regulations of KRS Chapter 189 and any other applicable provisions of this Code of Ordinances pertaining to the operation of vehicles upon City streets.

Section 5: A golf cart operating on a public roadway is not considered a motor vehicle and is exempt from:

1. Title requirements of KRS 186.020;

2. Vehicle registration requirements of KRS 186.050;

3. Emissions compliance certificates pursuant to KRS 224.20-720; and

Section 6: The provisions of these sections shall not apply to a golf cart that is not used on a public roadway except to cross a roadway while following a golf cart path on a golf course.

Section 7: Penalty. Any person violating the provisions of this Ordinance shall, upon conviction of a first offense, be fined not less than $100.00 nor more than $250.00. Any person convicted of a subsequent violation of this Ordinance within two (2) years of a prior conviction, under this Ordinance, shall be fined not less than $250.00 nor more than $500.00

Section 8: This Ordinance shall take effect May 1, 2011.

This Ordinance shall take effect after its passage and upon publication.

First Reading: March 14, 2011

Second Reading: April 11, 2011

Enacted this 11th day of April, 2011

RODDY HARRISON, MAYOR

ATTEST: Teresa H. Black, City ClerK

 

PUBLIC HEARING

On April 21, 2011, Kentucky Utilities Company and Louisville Gas and Electric Company filed their 2011 Joint Integrated Resource Plan with

the Public Service Commission of Kentucky.  This filing includes a load forecast and resource plans of Kentucky Utilities Company and Louis-

ville Gas and Electric Company to meet future demand with an adequate and reliable supply of electricity at the lowest possible cost for

all customers within their service areas.

Any person interested in participating in the review of this Integrated Resource Plan should submit a motion to intervene in Case No. 2011-

00140 to: Jeff DeRouen, Executive Director, Kentucky Public Service Commission, 211 Sower Boulevard, Frankfort, Kentucky 40602-0615.

Kentucky Utilities Company Louisville Gas and Electric Company, 220 West Main Street, Louisville, Kentucky 40202