Legal Notices

LEGAL NOTICE
NOTICE OF LAPSE OF MINERAL INTEREST
TO: Robert E. Ruth and Louise Ruth, husband and wife, and their successors, heirs, and assigns;
NOTICE IS HEREBY GIVEN that an undivided one-third (1/3) mineral interest reserved by the above-named parties has LAPSED pursuant to Indiana Code § 32-23-10-2. This undivided one- third (1/3) interest is extinguished and ownership has reverted to Tex Murphy and Cora Jean Murphy, husband and wife, and Joey Murphy, the owner of record of the interest out of which the mineral interest was carved.
The above-named parties reserved their undivided one-third (1/3) mineral interest in a Warranty Deed to Thomas L. Murphy and Mary C. Murphy, husband and wife, dated October 16, 1986 and recorded February 13, 1987 in Deed Record Volume 77, Page 315 in the official records of Scott County, Indiana. The mineral interest relates to the following described real property:
LEGAL DESCRIPTION
A part of the Northwest Quarter of Section 2, Township 3 North of Range 6 East, Jennings Township, Scott County, Indiana, described as follows: Commencing at the Northwest corner of said Section 2 and running thence South with the section line 516 feet to THE TRUE POINT OF BEGINNING of this description; thence East parallel with the North line of said Section 2, a distance of 1690 feet; thence North parallel with the West line of said Section 2 a distance of 516 feet to the North line of said Section 2, thence East with the Section line 335 feet, thence South parallel with the West line of said Section 2, to the South line of said Northwest Quarter, thence West with the South line of said Northwest Quarter to the West of said Section 2, thence North with the Section line to THE TRUE POINT OF BEGINNING, containing 85.5 acres, more or less.
Said land also identified as Scott County Tax Parcels No. 72-04-02-200-021.000-002 and No. 72-04-02-200-018.000-003.
Anyone that wishes to protect or challenge this disposition has sixty (60) days to contact the party below:
Mr. Joey Murphy
1081 South Findley Firehouse Road
Scottsburg, Indiana 47170
(812) 595-6635
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LEGAL NOTICE
The following will be sold for charges:
123 W MAIN ST AUSTIN
At 1/4/2019 @ 9:00 AM
2000 LINCOLN VIN 1LNHM86S1YY790268; $1,935.00.
2011 HYUNDAI VIN KMHCM3AC1BU199949; $1,935.00.
2004 MAZDA VIN 1YVFP80CX45N10664; $1,970.00
108 S MAC DR AUSTIN
At 1/4/2019 @ 11:00 AM
2000 FORD VIN 1FMDU74E5YUB55163 $2,250.00
2001 MAZDA VIN 4F2YU08191KM06451 $2,100.00
2006 KIA VIN KNDJC733565616671 $2,400.00
108 S MAC DR AUSTIN
On 01/11/2019 @ 09:00 AM
2007 CHEVROLET KL1TG56657B043403 $2,450.00
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LEGAL NOTICE
These are the Court Claims that were approved by Commissioners for the month of September 2018.
Circuit Court
Bedford Office Supply, $87.86; Christie Guthrie, $1020.00; Pete Walker, $175.00; Pitney Bowes Global, $156.00; Thomson Reuters-West, $1529.50
Superior Court I
Bedford Office Supply Inc, $220.75; Marshall Memories, $1203.36; Phillips & Co, $180.00; Postmaster, $285.90
Superior Court II
Bedford Office Supplies, $1445.02; IN Council of Juvenile, $195.00; Melissa Hayes, $1168.00; Smith Law Services, $1400.00; South Central IN Interpreting, $684.40
Kathy S. Hohenstreiter
Jackson County Auditor
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LEGAL NOTICE
These are the Court Claims that were approved by Commissioners for the month of October 2018.
Circuit Court
Offices Gutierrez, $168.00; Christie A Guthrie, $493.00; Bedford Office Supply Inc, $2.58; Quill Corporation, $251.49; Comcast Cable, $240.90
Superior Court I
Bedford Office Supply Inc, $440.33; Postmaster, $1715.40; Amy Marie Travis-Lucas, $276.95; Travis Thompson, $25.00
Superior Court II
Bedford Office Supplies, $660.88; Smith Law Services, $1650.00; South Central IN Interpreting, $314.00
Kathy S. Hohenstreiter
Jackson County Auditor
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LEGAL NOTICE
These are the Court Claims that were approved by Commissioners for the month of November 2018.
Circuit Court
Offices Gutierrez, $168.00; Christie A Guthrie, $2176.00; Blondie’s Pizzeria, $333.05; Azteca Mexican Restaurant, $587.65; Comcast Cable, $481.80; Phillips & Co, $530.00; Pengad Inc, $46.45; Bedford Office Supply, $27.69; Quill Corporation, $1455.54; Thomson Reuters West, $3059.00; Dr. Mohammad Mian, MD, $450.00; Pitney Bowes, $5000.00; Herbert Walker, $25.00; Denise Connell, $50.00; Business Office Solutions, $1740.00; Toshiba Business Solutions, $1074.06
Superior Court I
Bedford Office Supply Inc, $290.59; Phillips & Co, $345.00; CDW Government, Inc, $262.33
Superior Court II
Bedford Office Supplies, $721.10; Smith Law Services, $3600.00; South Central IN Interpreting, $314.00; Melissa Hayes, $1444.00
Kathy S. Hohenstreiter
Jackson County Auditor
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LEGAL NOTICE
NOTICE TO TAXPAYERS OF ADDITIONAL APPROPRIATIONS
Notice is hereby given to the taxpayers of Scott County, Indiana that the Scott County Redevelopment Commission, will meet in the Commissioners Room, Suite 128, 1 East McClain Ave, Scottsburg, IN at 11:30 a.m. on the 7th day of January, 2019, to consider the following additional appropriations in excess of the budget for the current year.
Fund Name:
TIF Allocation Fund -Capital Outlay $ 100,000
TIF Allocation Fund-Other Services $20,000
TIF Allocation Fund-Other Services $25,000
Taxpayers appearing at the meeting shall have a right to be heard. The additional appropriations as finally made will be referred to the Department of Local Government Finance (DLGF). The DLGF will make a written determination as to the sufficiency of funds to support the appropriations made within fifteen (15) days of receipt of a Certified Copy of the action taken.
Dated: December 19, 2018
Tammy Stout Johnson
Scott County Auditor
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LEGAL NOTICE
NOTICE OF PROPOSED PRECINCT BOUNDARY CHANGES
To the voters of Scott County:
You are notified that the Election Division of the Office of the Secretary of State of Indiana has determined that a proposed order by the Scott County board of Commissioners to change certain precinct boundaries within this county would comply with state law, and that the Election Division has notified the Commissioners that precinct boundaries may be established in accordance with the county’s proposed order.
The boundaries of the following existing precincts would be changed by the adoption of the county’s proposed order:
Jennings 2
Vienna 3
Vienna 5
Any registered voter of this County may object to the county’s proposed order by filing a sworn statement with the Election Division. This statement must set forth the voter’s specific objections to the proposed order, and request that a hearing be conducted by the Indiana Election Commission under the Administrative Orders and Procedures Act (Indiana Code 4-21.5).
The mailing address of the Election Division is:
Election Division of the Office of the Secretary of State of Indiana
302 West Washington Street, Room E-204
Indianapolis, IN 46204-2743
Any objection to the proposed order must be filed with the Election Division no later than noon, Indianapolis time on December 31, 2018. A complete copy of the county’s proposed order is available for public inspection and copying at the Scott County Circuit Court Clerk’s Office, 1 East McClain Avenue, Suite 124, Courthouse, Scottsburg, IN and the Election Division.
The Scott County
Board of Commissioners
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LEGAL NOTICE
ORDINANCE 2018-06
AN ORDINANCE REGULATING SMOKING IN THE CITY OF AUSTIN
WHEREAS, the Common Council of the City of Austin has reviewed multiple studies and been presented information and evidence on the dangers of smoking and of secondhand smoke and finds that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer;
WHEREAS, the Common Council of the City of Austin further finds that smoking is a potential fire hazard and can lead to economic loss, and that the smoking of tobacco or the use of electronic cigarettes are forms of air pollution and constitute both a danger to health and constitute a public nuisance; and
WHEREAS, the Common Council of the City of Austin finds and declares that the purposes of this Ordinance are (1) to protect the public health and welfare by prohibiting smoking in public places; and (2) to guarantee the right of nonsmokers to breathe smoke-free air, and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke in public places.
THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF AUSTIN that:
SECTION 1: DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PERSON. Any man, woman, or child, regardless of age.
PLACE OF EMPLOYMENT. Any area under the control of a public or private employer including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles.
PUBLIC PLACE(S). Any area to which the public is invited or in which the public is permitted, including but not limited to, banks, bars, educational facilities, gaming facilities, health care facilities, hotels and motels, laundromats, public transportation vehicles and facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a “public place” unless it is used as a childcare, adult day care, or health care facility.
SMOKE or SMOKING. Means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, including hookahs and marijuana, whether natural or synthetic, in any manner or in any form. “Smoking” also includes the use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this Article.
TOBACCO. Any of several plants belonging to the genus Nicotiana, of the nightshade family, especially one of those species, as N. tabacum, whose leaves are prepared for smoking or chewing or as snuff; the prepared leaves, as used in cigarettes, cigars, and pipes, any product or products made from such leaves; any of various similar plants of other genera.
SECTION 2: SMOKING IN PUBLIC PLACES PROHIBITED.
A. Prohibition of smoking in public places. Smoking shall be prohibited in any public place, including, but not limited to, the following areas:
1. Smoking shall be prohibited in all enclosed areas of places of employment without exception. This includes, without limitation, common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities.
2. All school buildings and grounds, including athletic facilities located within the Scott County School District 1, pursuant to the policy of Scott County School District 1;
3. In, and within fifteen (15) feet of, all outdoor playgrounds;
4. All other governmental buildings and grounds pursuant to policies adopted by such governmental entities;
5. Notwithstanding the foregoing prohibition, the Mayor, in his or her discretion, may provide a location for smoking outside city-owned buildings and on city-owned grounds that shall be a designated smoking area to be used only by employees of the city during a permissible work break. Such a designated location shall meet the conditions of division B below. An appropriate container shall be provided by the city at such location in order to avoid the accumulation of trash and debris and cigarette residue.
B. Reasonable distance. Smoking shall occur at least fifteen (15) feet outside any area where smoking is prohibited to ensure that tobacco smoke does not enter the area through entrances, windows, ventilation systems, or any other means. It shall be a violation for smoke to be detected in any area where smoking is prohibited.
C. Posting of signs – removing of paraphernalia.
1. “No Smoking” signs or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently, and conspicuously posted in every building or other area where smoking is prohibited by this section, by the owner, operator, manager, or other person having control of such building or other area.
2. Every public place where smoking and tobacco is prohibited by this section shall have posted at every entrance, a conspicuous sign clearly stating that smoking and tobacco is prohibited.
3. All ashtrays and other smoking paraphernalia shall be removed from any area where smoking is prohibited by this section, by the owner, operator, manager, or other person having control of such area.
D. Where Smoking Not Regulated. Notwithstanding any other provision of this Article to the contrary, smoking shall not be prohibited in private residences, unless used as a childcare, adult day care, or health care facility.
E. Enforcement.
1. This Article shall be enforced by the Scott County Health Department.
2. Any citizen who desires to register a complaint under this Article may initiate enforcement with the Scott County Health Department.
3. A city duly authorized ordinance control officer may, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this Article.
4. An owner, manager, operator, or employee of an area regulated by this Article shall direct a person who is smoking in violation of this Article to extinguish or turn off the product being smoked. If the person does not stop smoking, the owner, manager, operator, or employee shall refuse service and shall immediately ask the person to leave the premises. If the person in violation refuses to leave the premises, the owner, manager, operator, or employee shall contact a law enforcement agency.
5. Notwithstanding any other provision of this Article, an employee or private citizen may bring legal action to enforce this Article.
6. In addition to the remedies provided by the provisions of this Section, the city or any person aggrieved by the failure of the owner, operator, manager, or other person in control of a public place or a place of employment to comply with the provisions of this Article may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction.
F. Violations and penalties.
1. It shall be unlawful for any person who owns, operates, or otherwise controls the use of any premises subject to regulation under this section to fail to comply with any of its provisions.
2. It shall be unlawful for any person who owns, manages, operates, or otherwise controls the use of any premises subject to regulation under this section to knowingly or willingly allow smoking to occur where prohibited by this section. It is a defense to this section, if the foregoing persons or their employees act in a reasonable and timely manner to personally inform the violator of the prohibition and request that he/she refrain from smoking.
3. It shall be unlawful for any person to smoke in an area where smoking is prohibited by the provisions of this section.
4. Any person who violates any provision of this section shall be subject to a fine of $25 for each violation of this section.
5. In addition to the fines established by this Section, violation of this Article by a person who owns, manages, operates, or otherwise controls a public place or place of employment may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred.
6. Violation of this Article is hereby declared to be a public nuisance, which may be abated by the city attorney at the direction of the Mayor by restraining order, preliminary and permanent injunction, or other means provided for by law, and the city may take action to recover the costs of the nuisance abatement.
7. Each day on which a violation of this Article occurs shall be considered a separate and distinct violation.
G. Public education. The city may engage in programs to explain and clarify the purposes and requirements of this section to citizens affected by it, and to lead owners, operators, and managers in their compliance with it.
H. Liberal Construction. This Article shall be liberally construed so as to further its purposes.
I. Severability. If any provision, clause, sentence, or paragraph of this Article or the application thereof to any person or circumstances shall be held invalid, that invalidity shall not affect the other provisions of this Article which can be given effect without the invalid provision or application, and to this end the provisions of this Article are declared to be severable.
J. Other applicable laws. This section shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable state or local laws.
PASSED AND ADOPTED by the Common Council of the City of Austin, Indiana on the 10th day of December 2018 by a vote of 5 to 0.
COMMON COUNCIL
CITY OF AUSTIN, INDIANA
ss/Brandon White
Brandon White, President
Attest:
Ss/Chris Fugate
Chris Fugate, Clerk-Treasurer
Presented by me to the Mayor of the City of Austin for his approval or veto pursuant to Indiana Code § 36-4-6-15 and 16, this 10th day of December 2018 at 6:15 p.m.
ss/ Chris Fugate
Chris Fugate, Clerk-Treasurer
This Ordinance having been passed by the legislative body and presented to me is approved by me and duly adopted, pursuant to Indiana Code § 36-4-6-16(a)(1), this 10th day of December 2018 at 6:15 p.m.
ss/ Dillo Bush
Dillo Bush, Mayor
Attest:
ss/ Chris Fugate
Chris Fugate, Clerk-Treasurer
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