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Legals For 07-08-10

Legal Notices Legal Notice The Calhoun County School Board proposes to amend policies as required by Florida Statute for the Calhoun County Schools as follows: ADMINISTRATIVE PROCEDURES ACT CALHOUN COUNTY SCHOOLS CHAPTER 3 – SCHOOL ADMINISTRATION CHAPTER 5 — STUDENTS CHAPTER 6 – HUMAN RESOURCES SERVICES Delete Policy Policy 5.65 Nutrition, Physical Fitness and Wellness Amend Policies: Policy 3.43 Nutrition, Physical Fitness and Wellness Policy 6.33 Alcohol and Drug Free Work Place Entire proposals are available for viewing at the School Superintendent’s Office, Room G-20, Calhoun County Court House, Blountstown, Florida. A hearing will be held on the above policies in the Cooperative Extension Building at 20816 Central Avenue East in Blountstown, Florida at the Regular School Board meeting beginning at 4:30 P.M., CDT, Tuesday, July 13, 2010. Kelly King, Board Chair Calhoun County School Board Attest: Wilson T. McClellan, Superintendent Calhoun County Schools “An Equal Opportunity Employer” Wilson T. McClellan Superintendent Board Meets Second Tuesday of Each Month 20859 Central Ave E, RM-G20 Blountstown, FL 32424 Phone: 850-674-5927 FAX: 850-674-5814 Legal Notice NOTICE OF INTENT TO APPLY FOR FEDERAL ASSISTANCE The City of Blountstown, Florida is complying with requirements of 7CFR 1780.19(a) by publishing this notice of intent to apply for Water Loan/Grant from the U. S. Department of Agriculture, Rural Utilities Service. This Project will consist of upgrades to the existing water distribution system. This project serves the City of Blountstown, Calhoun County, Florida. CITY OF BLOUNTSTOWN James A. Woods City Manager June 30, July 7 Legal Notice REQUEST FOR PROPOSALS GROUP HEALTH CITY OF BLOUNTSTOWN The City of Blountstown is requesting proposals for group health insurance for employees and eligible dependents. Please include in health proposal the plan’s accessibility in Calhoun County. A description of current benefits, rates and census information for quotation purposes may be picked up at City Hall. Assume an effective date of October 1, 2010. Sealed proposals, subject to the minimum general conditions herein, will be received by the City of Blountstown, Florida. Eight (8) copies of sealed proposals marked “GROUP HEALTH,” must be received by 2:00 P.M., C.S.T., on Tuesday, August 10, 2010 at City Hall, Attention: City Manager, 20591 Central Ave. W., Blountstown, Florida 32424. Proposals will then be opened August 10, 2010 and read aloud by the City Council during the Regular Session of the City Council on August 10, 2010 at 17262 NW Angle Street, Blountstown, Florida 32424. Bid opening will begin at 6:15 P.M., C.S.T. The City Council reserves the right to accept the bid deemed in the best interest of the City and to reject any or all bids. BY: R.W. Deason, Mayor FROM: James A. Woods, City Manager June 30th & July 7th, 2010 Legal Notice NOTICE OF APPLICATION FOR TAX DEED NOTICE HEREBY GIVEN THAT CHARLES E. NEWSOME, the holder of the following certificate has filed said certificate for a tax deed to be issued thereon. The certificate number and year of issuance, the description of the property, and the names in which it was assessed are as follows: Certificate No. 528 Year of Issuance: 2003 Parcel# 05-1N-11-0000-0021-0000 DESCRIPTION OF PROPERTY: The Southwest Quarter of the Northeast Quarter of the Southeast Quarter of Section Five (5), Township 1 North, Range 11 West, Comprising a total of Ten (10) Acres, more or less, and located in Calhoun County, State of Florida. NAME IN WHICH ASSESSED: Howard Quick, Jr., P.O. Box 905, Slocomb, AL 36375 Said Property being the County of CALHOUN, STATE OF FLORIDA. Unless such certificate shall be redeemed according to law the property described in such certificate shall be SOLD to the highest bidder at the Courthouse door on the 5th day of August, 2010 at 10:00 A.M. CST. RUTH W. ATTAWAY Clerk of Circuit Court of CALHOUN COUNTY, FLORIDA Legal Notice CONSENT ORDER This Consent Order (“Order”) is entered into between the State of Florida Department of Environmental Protection (“Department”) and the City of Blountstown (“Respondent”) to reach settlement of certain matters at issue between the Department and the Respondent. The Department finds and Respondent admits the following: The Department is the administrative agency of the State of Florida having the power and duty to protect Florida’s air and water resources and to administer and enforce the provisions of Chapter 403, Florida Statutes (“F.S.”), and the rules promulgated and authorized in Title 62, Florida Administrative Code (“F.A.C.”). The Department has jurisdiction over the matters addressed in this Order. Respondent is a person within the meaning of Section 403.031(5), F.S. Respondent is the owner and is responsible for the operation of the City of Blountstown wastewater treatment facility, a 1.5 MGD maximum monthly average daily flow wastewater treatment facility with basic disinfection using a dual channel ultraviolet light system for, and effluent disposal by discharging to Sutton Creek, which leads to the Apalachicola River (Class III fresh waters) (“Facility”). The Facility is operated under Wastewater Permit No. FL0026867 (“Permit”), which was issued on May 2, 2005 and will expire on May 1, 2010. The Facility is located at 16140 SE Johnson Street, Blountstown, Florida 32424, in Calhoun County, parcel number 33-1N-08-0000-0044-0000, approximate latitude 30° 27’ 45” N, longitude 85° 02’ 30” W (“Property”). Respondent owns the Property on which the Facility is located. The Department finds that the following violation occurred: The Respondent did not complete expanded effluent testing by the permit expiration date, May 1, 2010, thus violating Permit Coordination I.A.7 (PA File No, FL0026867-005-DW1P/NR). The Respondnet failed to adhere to the terms of the Permit, which is a violation of the Respondent’s Permit, Section 403.161(1)(b), F.S., and Rule 62-4.160(1), F.A.C. According to Permit Condition I.A.7, the Respondent was required to provide data from a minimum of three effluent samples taken in accordance with the instructions for Section 3.A. items 12, 13, and 14 of Wastewater Permit Application Form 2A (Form 2A), Form 62-620.910(2), F.A.C. Form 2A, Section 3.A.12, states that applicants must provide data from a minimum of three samples taken within four and one-half years prior to the date of the permit application. It also states that values must be representative of the seasonal variation in the discharge from each out fall or represent best engineering estimates for proposed treatment or disposal systems. The Respondent completed the effluent tests for winter conditions on December 8, 2009, and submitted the test results to the Department on February 12, 2010. On February 12, 2010, the Respondent also submitted a letter to the Department that proposed a schedule for completing the required expanded effluent testing for spring and summer conditions on April and July 2010. On April 28, 2010, the Respondent stated that the effluent sampling for spring conditions was conducted in April 2010. The Respondent is required to submit sample results for the spring conditions to the Department within 30 days of the sample date. In order to be representative of the seasonal variation in discharge, the expanded effluent tests for summer conditions will not be conducted until July 2010. Therefore, the Respondent failed to complete the required expanded effluent testing by May 1, 2010, the permit expiration date. Having reached a resolution of the matter, Respondent and the Department mutually agree and it is ORDERED: Respondent shall comply with the following corrective actions within the stated time periods: The Respondent will submit the expanded effluent testing results for spring conditions to the Department within 30 days of the sample date and no later than May 30, 2010. The Respondent will complete the expanded effluent testing for summer conditions by no later than July 31, 2010 and submit the test results to the Department within 30 days of the sample date and no later than August 30, 2010. Notwithstanding the time periods described in the paragraphs above, Respondent shall complete all corrective actions required by paragraph 8 within 150 days of the effective date of this Order and be in full compliance with Rule 62-4.160(1), F.A.C. and imposed in this Order, other than those excused delays agreed to by the Department, as described in paragraph 16. Within 30 days of the effective date of this Order, Respondent shall pay the Department $1,300.00 in settlement of the regulatory matters addressed in this Order. This amount includes $1,000.00 for civil penalties and $300.00 for costs and expenses incurred by the Department during the investigation of this matter and the preparation and tracking of this Order. The civil penalties are apportioned as follows: $1,000.00 for violation of Rule 62-4.160(1) and Section 403.161(1)(b), F.S. Respondent agrees to pay the Department stipulated penalties in the amount of $100.00 per day for each and every day Respondent fails to timely comply with any of the requirements of paragraphs 8 and 9 of this Order. The Department may demand stipulated penalties at any time after violations occur. Respondent shall pay stipulated penalties owed within 30 days of the Department’s issuance of written demand for payment, and shall do so as further described in paragraphs 12 and 13, below. Nothing in this paragraph shall prevent the Department from filing suit to specifically enforce any terms of this Order. Any stipulated penalties assessed under this paragraph shall be in addition to the civil penalties agreed to in paragraph 10 of this Order. Respondent shall make all payments required by this Order by cashier’s check or money order. Payment instruments shall be made payable to the “Department of Environmental Protection” and shall include both the OGC number assigned to this Order and the notation “Ecosystem Management and Restoration Trust Fund.” Except as otherwise provided, all submittals and payments required by this Order shall be sent to the Florida Department of Environmental Protection, Northwest District Office, 160 Governmental Center, Suite 308, Pensacola, Florida 32502-5794. Respondent shall allow all authorized representatives of the Department access to the Facility and the Property at reasonable times for the purpose of determining compliance with the terms of this Order and the rules and statutes administered by the Department. In the event of a sale or conveyance of the Facility or of the Property upon which the Facility is located, if all of the requirements of this Order have not been fully satisfied, Respondent shall, at least 30 days prior to the sale or conveyance of the Facility or Property, (a) notify the Department of such sale or conveyance, (b) provide the name and address of the purchaser, operator, or person(s) in control of the Facility, and (c) provide a copy of this Order with all attachments to the purchaser, operator, or person(s) in control of the Facility. The sale or conveyance of the Facility or the Property does not relieve Respondent of the obligations imposed in this Order. If any event, including administrative or judicial challenges by third parties unrelated to Respondent, occurs which causes delay or the reasonable likelihood of delay in complying with the requirements of this Order, Respondent shall have the burden of proving the delay was or will be caused by circumstances beyond the reasonable control of Respondent and could not have been or cannot be overcome by Respondent’s due diligence. Neither economic circumstances nor the failure of a contractor, subcontractor, materialman, or other agent (collectively referred to as “contractor”) to whom responsibility for performance is delegated to meet contractually imposed deadlines and shall be considered circumstances beyond the control of Respondent (unless the cause of the contractor’s late performance was also beyond the contractor’s control). Upon occurrence of an event causing delay, or upon becoming aware of a potential for delay, Respondent shall notify the Department by the next working day and shall, within seven calendar days notify the Department in writing of (a) the anticipated length and cause of the delay, (b) the measures taken or to be taken to prevent or minimize the delay, and (c) the timetable by which Respondent intends to implement these measures. If the parties can agree that the delay or anticipated delay has been or will be caused by circumstances beyond the reasonable control of Respondent, the time for performance hereunder shall be extended. The agreement to extend compliance must identify the provision or provisions extended, the new compliance date or dates, and the additional measures Respondent must take to avoid or minimize the delay, if any. Failure of Respondent to comply with the notice requirements of this paragraph in a timely manner constitutes a waiver of Respondent’s right to request an extension of time for compliance for those circumstances. 17. The Department, for and in consideration of the complete and timely performance by Respondent of all the obligations agreed to in this Order, hereby conditionally waives its right to seek judicial imposition of damages or civil penalties for the violations described above up to the date of the filing of this Order. This waiver is conditioned upon Respondent’s complete compliance with all of the terms of this Order. 18. This Order is a settlement of the Department’s civil and administrative authority arising under Florida law to resolve the matters addressed herein. This Order is not a settlement of any criminal liabilities which may arise under Florida law, nor is it a settlement of any violation which may be prosecuted criminally or civilly under federal law. Entry of this Order does not relieve Respondent of the need to comply with applicable federal, state, or local laws, rules, or ordinances. 19. The Department hereby expressly reserves the right to initiate appropriate legal action to address any violations of statutes or rules administered by the Department that are not specifically resolved by this Order. 20. Respondent is fully aware that a violation of the terms of this Order may subject Respondent to judicial imposition of damages, civil penalties up to $10,000.00 per day per violation, and criminal penalties. 21. Respondent acknowledges and waives its right to an administrative hearing pursuant to sections 120.569 and 120.57, F.S., on the terms of this Order. Respondent also acknowledges and waives its right to appeal the terms of this Order pursuant to section 120.68, F.S. 22. No modifications of the terms of this Order will be effective until reduced to writing, executed by both Respondent and the Department, and filed with the clerk of the Department. 23. The terms and conditions set forth in this Order may be enforced in a court of competent jurisdiction pursuant to sections 120.69 and 403.121, F.S. Failure to comply with the terms of this Order constitutes a violation of section 403.161(1)(b), F.S. 24. This Consent Order is a final order of the Department pursuant to section 120.52(7), F.S., and it is final and effective on the date filed with the Clerk of the Department unless a Petition for Administrative Hearing is filed in accordance with Chapter 120, F.S. Upon the timely filing of a petition, this Consent Order will not be effective until further order of the Department. 25. Respondent shall publish the following notice in a newspaper of daily circulation in Calhoun County, Florida. The notice shall be published one time only within 15 days of the effective date of the Order. Respondent shall provide a certified copy of the published notice to the Department within 10 days of publication. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF CONSENT ORDER The Department of Environmental Protection (“Department”) gives notice of agency action of entering into a Consent Order with City of Blountstown pursuant to section 120.57(4), Florida Statutes. The Consent Order addresses the failure to perform the required expanded effluent testing at the City of Blountstown domestic wastewater treatment facility located at 16140 SE Johnson Street, Blountstown, Florida 32424, in Calhoun County. The Consent Order is available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at the Department of Environmental Protection, Northwest District Office, 160 Governmental Center, Suite 308, Pensacola, Florida 32502-5794. Persons who are not parties to this Consent Order, but whose substantial interests are affected by it, have a right to petition for an administrative hearing under sections 120.569 and 120.57, Florida Statutes. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition concerning this Consent Order means that the Department’s final action may be different from the position it has taken in the Consent Order. The petition for administrative hearing must contain all of the following information: a) The OGC Number assigned to this Consent Order; b) The name, address, and telephone number of each petitioner; the name, address, and telephone number of the petitioner’s representative, if any, which shall be the address for service purposes during the course of the proceeding; c) An explanation of how the petitioner’s substantial interests will be affected by the Consent Order; d) A statement of when and how the petitioner received notice of the Consent Order; e) Either a statement of all material facts disputed by the petitioner or a statement that the petitioner does not dispute any material facts; f) A statement of the specific facts the petitioner contends warrant reversal or modification of the Consent Order; g) A statement of the rules or statutes the petitioner contends require reversal or modification of the Consent Order; and h) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the Department to take with respect to the Consent Order. The petition must be filed (received) at the Department’s Office of General Counsel, 3900 Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000 within 21 days of receipt of this notice. A copy of the petition must also be mailed at the time of filing to the District Office at Northwest District Office, 160 Governmental Center, Suite 308, Pensacola, Florida 32502-5794. Failure to file a petition within the 21-day period constitutes a person’s waiver of the right to request an administrative hearing and to participate as a party to this proceeding under sections 120.569 and 120.57, Florida Statutes. Before the deadline for filing a petition, a person whose substantial interests are affected by this Consent Order may choose to pursue mediation as an alternative remedy under section 120.573, Florida Statutes. Choosing mediation will not adversely affect such person’s right to request an administrative hearing if mediation does not result in a settlement. Additional information about mediation is provided in section 120.573, Florida Statutes and Rule 62-110.106(12), Florida Administrative Code. 26. Rules referenced in this Order are available at HYPERLINK “http://www.dep.state.fl.us/legal/Rules/rulelistnum.htm” http://www.dep.state.fl.us/legal/Rules/rulelistnum.htm . Legal Notice ACCEPTING BIDS CALHOUN COUNTY SCHOOL DISTRICT IS ACCEPTING BIDS FOR THE FOLLOWING USED SURPLUS COMPUTER EQUIPMENT Quantity Description 120 Monitors (CRT) 40 VCRs 80 Desktops 25 Laser Printers 30 Inkjet Printers 10 Scanners 1 Wide Format Printer 10+ Switches 15 Overhead Projectors 25 Printing Calculators 5 Slide Projectors 1 UPS 1 CDROM Tower 2 Servers Miscellaneous spare parts – speakers, cd rom drives, floppy drives, power supplies, keyboards and harddrives. *Approximate count of equipment. Not completely accurate. All computer equipment is available for inspection by calling David Simpson at 850-674-8734 ext. 221. All computer equipment must be included in the bid. One price for all. Closing date for the bids is July 20, 2010, by 4:00 p.m. The bids are to be sent to Calhoun County School Board Office in the basement of the courthouse (20859 Central Ave. E., Rm G-20, Blountstown, FL 32424). Calhoun County School District reserves the right to accept or reject any or all bids. Legal Notice IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR CALHOUN COUNTY, FLORIDA CASE NO.: 2010: 188-CA NEAL LAND & TIMBER COMPANY, INC. Plaintiff, -vs- THE ESTATE OF O.O. COOPER, All of the heirs-at-law and beneficiaries of O.O. COOPER, deceased, and THE ESTATE OF HARDY RIVERS RUSS, All the heirs-at-law and beneficiaries of HARDY RIVERS RUSS, deceased BERNICE GLOVER, individually, and ROSANNA SOLOMAN, individually, and any person or persons claiming by and through or associated with the above estates Defendants. NOTICE OF ACTION TO: Defendants, All of the heirs-at-law and beneficiaries of O.O. Cooper, deceased, and all the heirs-at-law of Hardy Rivers Russ, deceased, domiciles, residences, and addresses unknown and all others whom it may concern: YOU ARE NOTIFIED that an action to quiet title to Plaintiff, Neal Land & Timber Company, Inc., property in Calhoun County, Florida, described as: Parcel #1: SE of SW of Section 31, Township 1 South, Range 8 West, Calhoun County, Florida, Containing 40 acres, more or less. Parcel #2: SW of SE of Section 31, Township 1 South, Range 8 West, Calhoun County, Florida, Containing 40 acres, more or less. Parcel #3: SE of SE of Section 31, Township 1 South, Range 8 West, Calhoun County, Florida, Containing 40 acres, more or less. has been filed against you and you are required to serve a copy of your written defenses, if any, to it on J. David House, Plaintiff’s attorney, whose address is: 16865 SE River Street, Blountstown, Florida 32424, on or before August 6, 2010, and file the original with the clerk of this Court either before service on Plaintiff’s attorney or immediately thereafter; otherwise a default will be entered against you for the relief demanded in the complaint. Dated this 30th day of June, 2010. RUTH W. ATTAWAY CLERK CIRCUIT COURT CALHOUN COUNTY, FLORIDA Legal Notice IN THE CIRCUIT COURT OF THE 14TH JUDICIAL CIRCUIT, IN AND FOR CALHOUN COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO:07-2008-CA-000304 US BANK NATIONAL ASSOCIATION, AS TRUSTEE PLAINTIFFS, -vs- CHARLES W. MCCRANIE II; UNKNOWN SPOUSE OF CHARLES W. MCCRANIE II IF ANY; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, AND AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES OR OTHER CLAIMANTS; FARM CREDIT OF NORTHWEST FLORIDA, ACA; JOHN DOE AND JANE DOE AS UNKNOWN TENANTS IN POSSESSION DEFENDANT(S) NOTICE OF FORECLOSURE SALE NOTICE IS HEREBY GIVEN pursuant to a Summary Final Judgment of Foreclosure dated June 29, 2010, entered in Civil Case No. 07-2008-CA-000304 of the Circuit Court of the 14TH Judicial Circuit in and for CALHOUN County, Blountstown, Florida, I will sell to the highest and best bidder for cash at ON THE FRONT STEPS OF THE COURTHOUSE at the CALHOUN County Courthouse located at 20859 SE Central Avenue East in Blountstown, Florida, at 11:00 a.m. CST, on the 5th day of August, 2010 the following described property as set forth in said Summary Final Judgment to-wit: BEGIN AT THE NORTHEAST CORNER OF THE SW 1/4 OF SW 1/4 OF SECTION 22, TOWNSHIP 2 NORTH, RANGE 9 WEST, AND RUN SOUTH ALONG THE QUARTER SECTION LINE TO THE NORTH SIDE OF THE COUNTY ROAD FOR A POINT OF BEGINNING, THENCE RUN SOUTHEAST ALONG THE NORTH SIDE OF COUNTY ROAD TO THE INTERSECTION OF THE COUNTY ROAD WITH THE WEST SIDE OF STATE ROAD NO. 71; THENCE RUN NORTHERLY ALONG THE WEST SIDE OF STATE ROAD NO. 71, FOR A DISTANCE OF 211 FEET, THENCE RUN WEST 300 FEET, THENCE SOUTH 100 FEET, MORE OR LESS, TO THE NORTH SIDE OF COUNTY ROAD, THENCE RUN SOUTHEASTERLY ALONG THE NORTH SIDE OF COUNTY ROAD, TO THE POINT OF BEGINNING, SAID LAND BEING LOCATED IN THE SW 1/4 OF SECTION 22, TOWNSHIP 2 NORTH, RANGE 9 WEST. Any person claiming an interest in the surplus from the sale, if any, other than the property owner as of the date of the lis pendens, must file a claim within 60 days after the sale. Dated this 30th day of June, 2010 RUTH W. ATTAWAY Clerk of the Circuit Court

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