CITY OF OPELIKA
ZONING BOARD OF ADJUSTMENT
REGULAR MEETING AGENDA
300 Martin Luther King Blvd.
August 8, 2023
TIME: 9:00 AM
A.APPROVAL OF MINUTES
B.VARIANCE
1.Blake Rice, Barrett-Simpson, authorized representative for Gamotis Enterprises, LLC, 111 N 16th Street, Requesting a 6-foot side yard variance from the minimum 10-foot side yard setback requirement.
2.Marilyn Noles, 1600 Jollit Avenue, R-3 zoning district, Requesting an accessory structure exceed the maximum 40% of the principal dwelling as provided in the Zoning Ordinance, Section 8.11 Accessory Structures for Residential Dwelling Units.
“In compliance with the Americans with Disabilities Act, the City of Opelika will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the ADA Coordinator 72 hours prior to the meeting at (334)705-5130.”
Legal Run 08-03-2023
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INVITATION TO BID
Separate sealed bids for the completion of the construction of Storm Drain Repair for the City of LaFayette, Alabama, will be received by the City of LaFayette, 50 Alabama Avenue West, PO Box 87, Alabama 36862, until 3:00 pm CST, August 17, 2023. No bids will be received after the time set forth hereinabove, and the Proposals will be publicly opened and read aloud.
The project consists of furnishing all labor, tools, materials, and equipment for completing the City of LaFayette Storm Drain Repair project. Inspection of the site prior to submitting a bid is mandatory. Time is of the essence to reopen Hospital Street.
Plans and Contract Documents may be obtained from the office of the engineer, Harmon Engineering & Contracting Co., Inc. located at 13376 C. L. Torbert Parkway, LaFayette, Alabama, 36862, upon payment of $100.00 per set, non-refundable. PDF sets are available for
$50.00 per set non-refundable. Direct request for bid packages to the address listed above, by email to austin@he-inc.co, or by phone 334-864-9135. The plans and specifications are also on file for examination at the LaFayette City Hall.
Bids will be opened publicly and read in the presence of those interested. The Owner reserves the right to waive any informality or to reject any or all bids. The owner reserves the right to select the lowest legal Bid deemed in the best interest of the owner. A “responsive” bid shall be evidenced by: (1), a Proposal Form completed in accordance with the Instructions to Bidders and with instructions and/or requests contained in any other sections of the Contract Documents; (2), a Proposal Form not evidencing any apparent unbalanced pricing for performance of the items of work; (3) a Proposal Form without excisions, special conditions or qualifications made by the Bidder.
Each bidder must deposit with his bid, security in the amount, form and subject to the conditions provided in the Information to Bidders. A Performance Bond and a Payment Bond will be required from all contractors in an amount equal to 100% of the contract price, guaranteeing faithful performance of the contract and payment of all persons supplying labor and/or materials for the construction of the project.
All bidders must have a current Contractors License with appropriate specialties from the State of Alabama. Each bidder shall be responsible for knowledge of and compliance with the Alabama Public Works bid law, Alabama Code Section 39-1-1, et seq. Bids will be received only from experienced contractors who have successfully completed projects of similar scope.
Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his address, the name of the project for which the bid is submitted, and the bidder’s Alabama’s Contractor’s License Number. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified. Envelopes containing bids must be addressed as follows, and delivered to Mr. Louis Davidson, City Clerk, City of LaFayette, 50 Alabama Avenue West, PO Box 87, LaFayette, AL 36862 and marked “BID FOR STORM DRAIN REPAIR”.
No bidder may withdraw his bid within 30 days after the actual date of the opening thereof.
Legal Run 08/03/2023
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IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA
IN RE: The Estate of WILLIAM RUSSELL MOORE, DECEASED
Case No. 2023-14
NOTICE OF HEARING
TO: Mickey Loughman – 4856 Old Farm Court NE, Woodstock, GA 3Ql88
Marty Ashe, 640 Magnolia Lane, Acworth, GA 30102
Martha McQuffie – 600 54th Avenue East, Tuscaloosa, AL 35404 AND ANY OTHER KNOWN OR UNKNOWN heirs of WILLIAM RUSSELL MOORE,
Deceased
Notice is hereby given that a Petition to Probate the Last Will and Testament of the Estate of WILLIAM RUSSELL MOORE, deceased has been filed in the Lee County Probate Office. A hearing has been set for the 6th day of September, 2023 at 10:00 a.m. central time, electronically via ..ZOOM”. Please contact the Lee County Probate Court at 334-737-3670 for access to the electronic hearing should you intend to take part in the hearing of the Petition to Probate the Last Will and Testament of the Estate of WILLIAM RUSSELL MOORE, deceased.
BILL ENGLISH
JUDGE OF PROBATE, LEE COUNTY, ALABAMA
Legal Run 08/03/2023, 08/10/2023 & 08/17/2023
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INVITATION FOR BIDS
Sealed bids will be received by the Board of Water and Sewer Commissioners of the City of Mobile, Alabama (“Board”), at MAWSS Training Center Conference Room, 4725A Moffett Road, Mobile, AL 36618, Mobile, AL 36618 until 12:00 p.m., Local Time, September 11, 2023, and then publicly opened and read at 1:00 p.m., for furnishing all labor, materials, and performing all work for the following project: Contract No. M5712-2700, Perch Creek Area Sanitary Sewer Trunk Line CIPP Phase 1.
Plans and Specifications may be inspected at the Board’s offices at 4725A Moffett Road, Mobile, AL 36618; or at the office of McCrory & Williams, Inc., Consulting Engineers, Mobile, AL.
Copies of the Plans, Specifications, and other Contract Documents may be obtained from McCrory & Williams, Inc. , 3207 International Drive, Suite G, upon a non-refundable payment of $100.00 per set. No Contract Documents will be issued later than twenty-four (24) hours prior to bid submission time.
A mandatory pre-bid conference will be held at MAWSS, 4725 Moffett Road, Mobile, Alabama 36618 on August 17, 2023 at 10:00 a.m., Local Time, to discuss bidding and project requirements. Prospective bidders and subcontractors should attend.
Bids must be submitted on the standard forms included with the Contract Documents.
The bidders shall comply with the requirements outlined in the Board of Water and Sewer Commissioners, Policy No.: UBE/DBE 16-01, Approved: December 5, 2016, Amended October 2017, DISADVANTAGED BUSINESS ENTERPRISE POLICY FOR PUBLIC WORKS ACT CONTRACTS.
Envelopes containing bids must be sealed and delivered to the Director, Board of Water and Sewer Commissioners of the City of Mobile, Alabama, 4725A Moffett Road, Mobile, AL 36618 or placed in the drop box located inside the MAWSS Business Entrance lobby: “Bid for constructing Contract No. M5712-2700, Perch Creek Area Sanitary Sewer Trunk Line CIPP Phase 1, to be opened at 1:00 p.m., Local Time, September 11, 2023”. The Bidder’s Alabama State Contractor’s License Number and discipline shall be on the envelope.
Bid guarantee in the form of certified check, bid bond, or irrevocable letter of credit acceptable to the Board will be required for at least 5% of the bid amount, not to exceed $10,000.
The Board reserves the right to reject any and all bids and to waive any informality in bids received.
The BID SCHEDULE may be examined at the following locations:
A. Alabama Department of Economic and Community Affairs Office of Minority Business Enterprise 401 Adams Avenue, Suite 580 Montgomery, AL 36103
The Board of Water and Sewer Commissioners of the City of Mobile 4725A Moffett Road Mobile, Alabama 36618
Any contract awarded under this Invitation for Bids may be paid for in whole or in part with grant funding from the Gulf Coast Ecosystem Restoration Council (“RESTORE Council”, also “Council”) and the Alabama Department of Conservation and Natural Resources (“ADCNR”) under the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012
(RESTORE Act). Any contract resulting from this solicitation will be subject to the terms and conditions of the funding award, the RESTORE Council Financial Assistance Standard Terms and Conditions, including any Special Award Conditions, the Standard Sub-Award Terms and Conditions, the RESTORE Act, 33 U. S. C. 1321(t) et seq., the U.S. Department of the Treasury Regulations 31 C. F. R. § 34 et seq., including 31 C. F. R.
§§ 34, Subpart F, all applicable terms and conditions in 2 C. F. R. Part 200 of the Office of Management and Budget (“OMB”) Uniform Guidance for Grants and Cooperative Agreements, as amended, (including Appendix II to Part 200), and all other OMB circulars, executive orders or other federal laws or regulations, as applicable. Notwithstanding the above, neither ADCNR nor the RESTORE Council, or any of their agents, representatives, or employees, is or will be a party to this Invitation for Bids or any resulting contract.
Further, any contractor awarded a contract under this Invitation for Bids shall not be deemed to be an agent, representative, employee or servant of ADCNR or the RESTORE Council.
Minority and women’s business enterprises are solicited to bid on this contract as prime contractors and are encouraged to make inquiries regarding potential subcontracting opportunities and equipment, material and/or supply needs.
All bidders must make positive efforts to use small and minority owned business and women business enterprises.
THIS INVITATION FOR BIDS IS CONDENSED FOR ADVERTISING PURPOSES. ADDITIONAL INFORMATION/REQUIREMENTS FOR BIDDERS CAN BE FOUND IN THE CONTRACT DOCUMENTS.
THE BOARD OF WATER AND SEWER COMMISSIONERS OF THE CITY OF MOBILE, ALABAMA
Legal Run 08/03/2023, 08/10/2023
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LEGAL NOTICE OF PUBLIC HEARING OF THE
CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA
To:Bill J. Jones, Jr., and all other persons claiming any interest in the building or structure located at 3807 Heritage Place, Opelika, Alabama.
The Building Official of the City of Opelika, Alabama, determined that the condition of the building or structure located 3807 Heritage Place, Opelika, Alabama, 36804, is in such condition as to make it dangerous to the life, health, property, morals, safety or general welfare of the public.
NOTICE is hereby given that the City Council of the City of Opelika, Alabama, will meet in public session at 6:00 p.m. on Tuesday, October 3, 2023, in the Courtroom of the Opelika Municipal Court Building, 300 Martin Luther King Boulevard, Opelika, Lee County, Alabama, for the purpose of discussing the findings of the Building Official and to consider the adoption of a resolution ordering the demolition of the building located at the above-described property.
All interested persons are invited to appear before the City Council to show cause why his or her objection to the demolition of the building or structure should be sustained. Upon the holding of the hearing, the City Council shall determine whether or not the building or structure is unsafe to the extent that it is a public nuisance. If it is determined by the City Council that the building or structure is unsafe to the extent that it is a public nuisance, the City Council shall order the demolition of the building or structure at the expense of the City and assess the expense of the demolition against the land on which the building or structure stands or to which it is attached. The property referred to is more particularly described as follows:
Lot Number Seventy-One (#71) of BENT CREEK SUBDIVISION, Heritage Section in Opelika, Lee County, Alabama, according to and as shown by plat of survey thereof made by T. Richard Fuller, Licensed Land Surveyor, Registration No. 7384, recorded in the Office of the Judge of Probate of Lee County, Alabama, in Plat Book 9 at Page 83.
Also being further described as Parcel Number 43-09-07-26-0-000-071.035, according to records maintained in the Lee County Revenue Commissioner’s Office.
All interested persons are invited to attend the meeting and be heard. Written communications concerning the above matter may be mailed to the City Clerk at City Hall, P.O. Box 390, Opelika, Alabama 36803, at any time prior to the public hearing and may be further submitted to the City Council at the meeting and public hearing.
Any person aggrieved by the decision of the City Council may, within ten (10) days hereafter, appeal to the Circuit Court upon filing with the Clerk of the Court notice of appeal and a bond for security of costs in the form and amount approved by the Circuit Clerk.
Please contact Brian Weiss, the City’s ADA Contact Person, at 334-705-5134 at least two (2) working days prior to the meeting if you require special accommodations due to any disability.
Further information concerning this Notice may be obtained at the Office of the City Clerk during normal business hours.
DATED this the 3rd day of August, 2023.
/s/Russell A. Jones, CMC
CITY CLERK OF THE CITY OF OPELIKA, ALABAMA
Legal Run 08/3/23, 08/10/23, 08/17/23 & 08/24/23
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STATE OF ALABAMA, LEE COUNTY, ALABAMA
IN THE PROBATE COURT OF LEE COUNTY,
IN THE MATTER OF THE WILL OF ENID LOVELESS WEISSINGER, DECEASED.
NOTICE TO FILE CLAIMS
Letters Testamentary on the Estate of Enid Loveless Weissinger, deceased, having been granted to Charles Hill Weissinger on the12th day of July, 2023, by the Hon. Bill English,
Judge of Probate of said county, notice is hereby given that all persons having claims against said estate are hereby required to present the same within the time allowed by law or the same will be barred.
Legal Run 08/3/23, 8/10/23, 8/17/23
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Notice of Public Auction Mini Mall Storage-Opelika
We will be holding a public auction online at SelfStorageAuction.com
Date: August 16, 2023
Time: 10:00am
The payment methods we accept for this are cash, debit, Visa, Mastercard and Amex.
All sales are final: The bidder must place a $100 cash deposit, make payment and clear out the unit within 48 hours from the time the auction closes. Once the unit has been inspected, the $100 cash deposit will be returned to the bidder.
We currently have 1 unit:
Unit-# B09
Contents: Wooden chairs & table, TV tray,microwave,flat screen TV, stuffed animals,boxes, outdoor chairs,rug,wooden magazine holder, small table,storage cubes,art, recliner/chair,desk chair
Legal Run 8-3-2023
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NOTICE OF COURT PROCEEDING
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
Notice of the filing of Petition for Summary Distribution
In the Estate of CONNIE BETH CASH, deceased.
Notice is hereby given that a Petition for Summary Distribution has been filed in
the LEE COUNTY Probate Office by Kevin M. Cash on April 24, 2023, pursuant
to Section 43-2-690, Code of Alabama and that 30 days after the notice of publication
hereof and pursuant to law the Court shall be requested to enter an Order Directing
Summary Distribution of the estate of said decedent.
BILL ENGLISH, PROBATE JUDGE
Legal Run 08/03/2023
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LEGAL NOTICE OF PUBLIC MEETING AND PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA
NOTICE is hereby given that the City Council (the “Council”) of the City of Opelika, Alabama, will meet in public session at 6:00 p.m. on Tuesday, August 15, 2023, in the Courtroom of the Municipal Court Building, 300 Martin Luther King Blvd. in the City of Opelika, Alabama, for the purpose of considering the transaction of business that may properly come before the Council, such business to include, but not be limited to, the authorization by the Council, pursuant to Amendment No. 772 to the Constitution of Alabama of 1901, as amended, of a resolution (the “Resolution”) approving the execution and delivery of a Development Agreement (the “Agreement”) by and between the City of Opelika, a municipal corporation (the “City”), and BROAD METRO, LLC, a Delaware limited liability company, (the “Company”) to be dated the date of delivery with respect to a proposed development to be located in the City (the “Project”).
Pursuant to the Agreement, the Company has acquired approximately 73.35 acres of real property located at the intersection of Gateway Drive and Interstate 85 in the corporate limits of the City, and is constructing approximately 100,000 square feet of improvements for use as retail, restaurants, a QuikTrip store and gas station, a golf entertainment venue and other commercial uses requiring a total estimated capital investment of $7,400,000. The Company estimates that the Project is expected to create, when fully placed in service, approximately 80-100 full and part-time jobs. In consideration for the obligations of the Company under the Agreement, the City has agreed to share with the Company an amount equal to fifty percent (50%) of (a) City Sales Tax Proceeds and (b) Non-Economic and Tourism City Loging Tax Proceeds actually generated and collected from the Development over a period of up to fifteen (15) years. The total maximum City Contribution under the Agreement shall not exceed $7,500,000.
The City seeks to achieve, by undertaking its obligations pursuant to the Agreement and the Resolution, to promote the economic development of the City by facilitating the acquisition and construction of the Project for the benefit of the general public, to increase employment opportunities in the City and to increase the tax and revenue base of the City.
The business entity to whom or for whose benefit the City proposes to lend its credit or grant of public funds or thing of value is Broad Metro, LLC.
All interested persons may examine and review the Project Agreement and Resolution and all relevant documents and make copies thereof at personal expense at the offices of the City Clerk during normal business hours, before and after the meeting referenced herein.
During the public meeting referenced above, the City Council will conduct a public hearing with respect to the Agreement and the matters therein contained. All interested persons are invited to attend the public hearing and be heard. Written communications concerning the above matter may be mailed to the City Clerk at City Hall, P.O. Box 390, Opelika, Alabama 36803 at any time prior to the public hearing and may be further submitted to the City Council at the meeting and public hearing.
Please contact Brian Weiss, the City’s ADA Compliance Officer at (334) 705-5134 at least two (2) working days prior to the meeting if you require special accommodations due to a disability.
Further information concerning the information of this Notice can be obtained at the office of the City Clerk during normal business hours.
DATED this the 3rd day of August, 2023.
/s/ Russell A. Jones, CMC CITY CLERK OF THE CITY OF OPELIKA, ALABAMA
Legal Run 08/03/2023
