PUBLIC IMPROVEMENT ORDINANCE NO. 118-17
AN ORDINANCE PROVIDING FOR THE CONSTRUCTION
OF CERTAIN SANITARY SEWERS AND APPURTENANCES
THERETO WITHIN THE RIGHT-OF-WAY OF SUTTON WAY
BE IT ORDAINED by the City Council (the “Council”) of the City of Opelika, Alabama, a municipal corporation (the “City”) as follows:
Section 1. That sanitary sewers shall be constructed within the right-of-way of Sutton Way in the City of Opelika, Alabama, with the materials and in the manner hereinafter specified for the purpose of draining, serving or benefitting the area as more fully described. The sanitary sewer main and improvements will be constructed to serve fourteen (14) residential lots within its service area. The said sewers shall be constructed in accordance with full details, drawings, specifications and surveys prepared by Barrett-Simpson, Inc., on file in the office of the City Engineer, 700 Fox Trail, Opelika, Alabama.
Section 2. That said sanitary sewer main of PVC pipe eight inches in diameter and appurtenances shall be constructed between the terminal points and in the area hereinafter designated, the centerline of the sanitary sewer main to be constructed being described as follows:
Beginning at a point which is 1.55 feet north of and 10.88 feet west of the intersection of the prolongation of the centerline of Sutton Way and the easterly right of way of Cunningham Drive, said point being Station 0+00, the center of Existing Manhole 1; thence N89°28’00”W, 223.61 feet to a point which is 4.82 feet northeasterly of the centerline of the aforementioned Sutton Way and is Station 2+23.61, the center of Proposed Manhole 2; thence N81°20’02”W, 163.19 feet to a point which is 4.80 feet northeasterly of the centerline of Sutton Way and is Station 3+86.80, the center of Proposed Manhole 3; thence N89°58’47”W, 279.29 feet to a point which is 5.37 feet north of the centerline of Sutton Way and is Station 6+66.09, the center of Proposed Manhole 4 and the end of the sewer main.
The sanitary sewer main to be constructed shall commence at an existing manhole located in the intersection of the right-of-way of Cunningham Drive and Sutton Way and shall run in a generally westerly direction along the right-of-way of Sutton Way for approximately 667.00 feet to the existing cul-de-sac at the end of Sutton Way.
Section 3 That said sanitary sewers hereinabove described shall be constructed with the necessary manholes, connections, and appurtenances, in accordance with full details, drawings, specifications, surveys, and estimates, prepared by Barrett-Simpson, Inc., on file in the office of the City Engineer, 700 Fox Trail, Opelika, Alabama, where property owners who may be affected by said public improvements may see and examine the same. Said sewers and appurtenances shall be constructed of the materials hereinafter specified. The sewer improvements provided for in this ordinance shall generally consist of the following, to-wit:
(a) Construction or installation of a gravity sanitary sewer of PVC Pipe, SDR 26, eight (8) inches in diameter, for a distance of 667 feet.
(b) Construction or installation of lateral sanitary sewer service lines of PVC pipe, SDR 26, four (4) inches in diameter, for a total distance of 502 feet, extended to the Right of Way of the respective streets mentioned above.
(c) Construction or installation of all incidentals, appurtenances, and manholes as describe above.
Section 4 That said sanitary sewers and appurtenances mentioned above and described in sections 2 and 3 of this Ordinance shall be constructed for the purpose of draining, serving or benefitting the area or territory in the City of Opelika, Alabama described as follows; to wit: the following designated lots or parcels of land according to and as shown by recorded plats of record in the Office of the Judge of Probate of Lee County, Alabama, to-wit:
(a) Lot 1 of Sutton Way Phase One, as recorded in Plat Book 9, at Page 149 in the Office of the Judge of Probate of Lee County, Alabama.
(b) Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12, Sutton Way Phase Two, as recorded in Plat Book 20, at Page 14 in the Office of the Judge of Probate of Lee County, Alabama.
(c) Lots 13 and 14, Sutton Way Phase Three, as recorded in Plat Book 20, at Page 76 in the Office of the Judge of Probate of Lee County, Alabama.
The street addresses of the abovementioned lots or parcels of land to be drained, served or benefitted by said sanitary sewer main are as follows:
2502 Cunningham Drive, 2801 Sutton Way, 2802 Sutton Way, 2803 Sutton Way, 2804 Sutton Way, 2805 Sutton Way, 2806 Sutton Way, 2807 Sutton Way, 2808 Sutton Way, 2809 Sutton Way, 2810 Sutton Way, 2811 Sutton Way, 2812 Sutton Way and 2813 Sutton Way.
That said sanitary sewers and appurtenances mentioned above and described herein shall be constructed in the City of Opelika between the terminal points described in section 2 above and for the purpose of draining, serving or benefitting the areas herein above designated and described.
Section 5. That the cost of the construction of the public improvements authorized by this Ordinance shall, after completion and acceptance thereof, be assessed in fair proportion against all of the lots or tracts of land lying within the district or territory drained, served or benefitted by the aforesaid sanitary sewers; provided, however, that the assessment shall not exceed the total cost of said improvement, and the amount so assessed shall not exceed the increased value of such property by reason of the special benefits derived from said improvement, and no charge assessed upon or against any lot or parcel of land drained, served or benefitted by said sanitary sewers shall be greater than the increased value of such property by reason of the special benefits derived from said improvement.
Section 6. That the City Council of the City of Opelika shall meet in the Council Chambers of the Municipal Building, 204 South 7th Street, Opelika, Alabama at 7:00 p.m. on the 5th day of September, 2017 to hear any objections or remonstrances that may be made to said improvements, the manner of making the same or the character of the material or materials to be used.
Section 7. That this Ordinance shall be published once a week for two (2) consecutive weeks in a newspaper of general circulation published in the City of Opelika, and a copy of said Ordinance shall be sent by registered or certified mail, postage prepaid, to the persons last assessing for City taxation the property which may be assessed for the cost of said public improvements, at their last known address, notices to be mailed not less than ten (10) days before the date of the meeting provided for in Section 6 of this Ordinance.
ADOPTED AND APPROVED this the 1st day of August, 2017.
/s/ Eddie Smith
PRESIDENT OF THE CITY COUNCIL OF THE
CITY OF OPELIKA, ALABAMA
ATTEST:
/s/ R. G. Shuman
CITY CLERK
TRANSMITTED TO MAYOR on this the 2nd day of August, 2017.
/s/ R. G. Shuman
CITY CLERK
ACTION BY MAYOR
APPROVED this the 2nd day of August, 2017.
/s/ Eddie Smith
MAYOR
ATTEST:
/s/ R. G. Shuman
CITY CLERK
Legal run 8/2/17 & 8/9/17
AN ORDINANCE PROVIDING FOR THE CONSTRUCTION OF CERTAIN SANITARY SEWERS AND APPURTENANCES
