CITY OF OPELIKA – INVITATION TO BID 24029
INVITATION TO BID
24029
Sealed bids for the construction of the N. 7th St. Storm Drainage Updates
shall be received at the Opelika City Hall 2nd Floor Conference Room, 204 South Seventh Street, Opelika, Alabama, until 2:00 p.m., local time on August 27th, 2024, and then publicly opened and read aloud. All interested parties are invited to attend. Only bids from competent general contractors will be considered. At the time of contract award, the successful bidder must be a properly licensed general contractor. The attention of all bidders is called to the provisions of State law governing “General Contractors” as set forth in the Ala. Code §34-8-1, et. seq. (1975) and rules and regulations promulgated pursuant thereto. Bidders must be licensed by the Licensing Board for General Contractors when bids are submitted.
Bidders are required to have a State of Alabama General Contractor’s License with a specialty of “Highways and Streets, Clearing and Grubbing, Earthwork, Erosion, Site Work, Grading or Municipal and Utility”. All bidders must submit with their proposal, contractor’s license number, and a copy of the license. State law Ala. Code §34-8-8(b) requires all bids to be rejected which do not contain the contractor’s current license number. Evidence of this license shall be documented on the outside of the sealed bid.
All bidders shall possess all other licenses and/or permits required by applicable law, rule, or regulation for the performance of the work.
Drawings and Specifications may be examined at the Office of the City Engineer located at 700 Fox Trail, Opelika, Alabama, and phone number: 334-705-5450. Bid documents may be obtained from the Office of the City Engineer at no charge as an electronic file if the bidder supplies a storage drive or as an email attachment or electronic drop box. Additionally, bid documents are available on the City of Opelika’s website at www.opelika-al.gov/bids.aspx.
The bidder’s proposal must be submitted on the complete original proposal furnished to him/her by the City of Opelika. All information in the proposal must be completed by the bidder for the proposal to be accepted.
A Bid Bond in the amount of five (5) percent of the bid amount made payable to the City of Opelika must accompany each bid. Performance and Payment Bonds for the full contract sum will be required of the successful bidder. The right is reserved by the Owner to reject all Bids and to waive irregularities.
Envelopes containing bids must be sealed, marked, addressed as follows, and delivered to Lillie Finley, Purchasing-Revenue Manager, City of Opelika, 204 South 7th Street, P.O. Box 390, Opelika, Alabama, 36803-0390. Attn: N. 7th St. Storm Drainage Updates
LILLIE FINLEY- PURCHASING-REVENUE MANAGER
CITY OF OPELIKA
204 SOUTH SEVENTH STREET (36801)
POST OFFICE BOX 390 (36803-0390)
OPELIKA, ALABAMA
PH: (334) 705-5120 Legal Run 08/1/24, 08/8/24 & 08/15/24
ADVERTISEMENT FOR COMPLETTION
ADVERTISEMENT FOR COMPLETION
LEGAL NOTICE
In accordance with Chapter 1, Title 39, Code of Alabama, 1975, as amended, notice is hereby given that JLD Enterprises, LLC, Contractor, has completed the Contract for (Improvement) of New 6th Grade School Roadway Improvements Project Fox Run Parkway Opelika AL at for the State of Alabama and the (County) (City) of Lee, Opelika.
Owner(s), and have made request for final settlement of said Contract. All persons having any claim for labor, materials, or otherwise in connection with this project should immediately notify TURNERBATSON Architects, P.C.1950 Stonegate Drive Suite 200 Birmingham, Alabama 35242
JLD Enterprises, LLC (Contractor)
Mailing:P.O. Box 2280 Auburn AL 36830 (Business Address)
NOTE: This notice must be run for a minimum of three weeks for projects of $100,000.00 or more. For acceptable methods of advertisement, see General Conditions of the Contract, Article 34. Proof of publication of the notice shall be made by the contractor to the authority by whom the contract was made by affidavit of the publisher or website owner and a printed copy of the notice published. A final settlement shall not be made upon the contract until the expiration of 30 days after the completion of the notice. Legal Run 07/25/2024, 08/01/24, 08/08/24 & 08/15/24
CIVIL ACTION – NO. CV 2023-900377.00
IN THE CIRCUIT COURT OF LEE COUNTY, ALABAMA
RUSSELL OWENS MITCHELL
and LINDA BRADFORD, Plaintiffs,
CIVIL ACTION
NO. CV 2023-900377.00
A TRACT OR PARCEL OF LAND IN LEE AND RUSSELL COUNTIES, ALABAMA, DESCRIBED AS FOLLOWS: The Northeast quarter of Section 3, Township 16, Range 26, containing in the aggregate 320.0 acres, more or less, a portion of which is situated in Lee County, Alabama, and the remaining portion of which is situated in Russell County, Alabama; less and except therefrom Tract 1, Russell R. Toney Subdivision as shown on that certain plat of record in Plat Book 34, Page 183, in the Office of the Judge of Probate of Lee County, Alabama, and also less and except therefrom Tract 1, Russell R. Toney Subdivision as shown by that certain plat filed for record in Miscellaneous Book 25, Page 121, in the Office of the Judge of Probate of Russell County, Alabama
and vs. BENJAMIN DANIEL INGRAM, Defendants. Take notice that I, Robert H. Pettey, as Commissioner, having been appointed pursuant to Decree of Sale entered June 27, 2024 by the Circuit Judge of Lee County, Alabama, will offer for sale for division, to the highest bidder for cash, the following described real property on the 22nd day of August, 2024 at 1:30 p.m. CST in front of the Lee County Courthouse at 215 S. 9th Street, Opelika AL 36801, said property described as follows:
The Northeast quarter of Section 3, Township 16, Range 26, containing in the aggregate 320.0 acres, more or less, a portion of which is situated in Lee County, Alabama, and the remaining portion of which is situated in Russell County, Alabama, less and except Tract 1, Russell R. Toney Subdivision as shown on that certain plat of record in Plat Book 34, Page 183, in the Office of the Judge of Probate of Lee County, Alabama, and also less and except Tract 1, Russell R. Toney Subdivision as shown by that certain plat filed for record in Miscellaneous Book 25, Page 121, in the Office of the Judge of Probate of Russell County, Alabama.
The purpose of said sale is for distribution of the proceeds among the joint owners of said property.
This the 23rd day of July, 2024.
ROBERT H. PETTEY
Robert H. Pettey
SAMFORD & DENSON, LLP
Attorneys at Law
P.O. Box 2345
Opelika, AL 36803-2345
(334) 745-3504 Legal Run 07/25/24, 08/01/24, 08/08/24 & 08/15/24
NOTICE TO CREDITORS – ESTATE OF ALICIA HANKS
NOTICE TO CREDITORS
ESTATE OF ALICIA HANKS, DECEASED
PROBATE COURT, LEE COUNTY
CASE NO. 2024-419
NOTICE TO CREDITORS
Take Notice that LETTERS TESTAMENTARY of the Estate of ALICIA HANKS, are hereby granted to Freida L. Luster Barregarye on the 12th day of July, 2024, by the Honorable Bill English, Judge of the Probate Court of Lee County, Alabama.
Notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.
Freida L. Luster-Barregarye Legal Run 08/01/24, 08/08/24 & 08/15/24
NOTICE OF COMPLETION
Access Accommodations to Floral Park
The City of Opelika
RE: Form of Advertisement for Completion Legal Notice for Bid# 23026
In accordance with Chapter I, Title 39, Code of Alabama, 1975, notice is hereby given that Robinson Paving Company Inc, Contractor, has completed the Contract for The Construction of Access Accommodations to Floral Park Fields Opelika, AL, for the City of Opelika, owner, and have made request for final settlement of said Contract. All persons having any claim for labor, materials or otherwise in connection with this project should immediately notify Jeffrey Robinson, 5425 Schatulga Rd Columbus, GA 31907, in writing. Legal Run 08/01/24, 08/08/24, 08/15/24 & 08/22/2024
PROBATE NOTICE – ESTATE OF KENNETH COGGIN GODWIN
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN RE: THE ESTATE OF KENNETH COGGIN GODWIN, DECEASED.
Case No. 2024-366
TAKE NOTICE that Letters Testamentary having been granted to Nancy Adena Phillips Godwin, as Executrix of the Estate of Kenneth Coggin Godwin, deceased, on the 15th day of July, 2024, by the Honorable Bill English.
NOTICE IS HEREBY GIVEN that all persons having claims against the Estate are hereby required to present the same within the time allowed by law or the same be barred.
Nancy Adena Phillips Godwin, Executrix Of the Estate of Kenneth Coggin Godwin, Deceased
Marrell J. McNeal, Attorney at Law, PC
PO Box 308
Opelika, AL 36803
334-745-7033 Legal Run 08/1/24, 08/8/24 & 08/15/24
ADOPTION PETITION
IN THE MATTER OF THE ADOPTION PETITION OF ANDREW LANIER LANGLEY
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
CASE NO.: 2024-191
PUBLICATION NOTICE
TO: Ryan David Roberson or any other potential unknown or undisclosed fathers
Please take notice that a Petition for Adoption was filed in the Probate Court of Lee County, Alabama by Andrew Lanier Langley on March 27, 2024, for the adoption of E.L.W. born on November 21, 2013, in Opelika, Alabama to Rebecca Anne Walters.
A hearing has been set in the Lee County Probate Court, Opelika, Alabama. Should you intend to contest this adoption you must file a written response with the attorney for the petitioner, Hon. Gary Abell, P.O. Box 2682, Columbus, GA 31902 and with the Probate Court of Lee County, Alabama, P.O. Box 2266, Opelika, AL 36803 as soon as possible but no later than thirty (30) days from the last day this notice is published.
Dated on this the 25th day of July, 2024.
HON. BILLGLISH JUDGE OF PROBATE LEECOUNT ALABAMA Legal Notice 08/1/24, 08/8/24, 08/15/24 & 08/22/24
MORTGAGE FORECLOSURE SALE
MORTGAGE FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain Mortgage executed by Barbara A. Cummings, an unmarried woman, to First Horizon Home Loan Corporation, on May 25, 2006, in the original amount of $77,000.00, said Mortgage being recorded on June 13, 2006 in the Office of the Judge of Probate of Lee County, Alabama, in Book 3336 Page 471; FIRST HORIZON BANK, a Tennessee Banking Corporation, successor by conversion to First Tennessee Bank National Association, a National Banking Association, successor by merger to First Horizon Home Loan Corporation, a Kansas Corporation, as holder, under and by virtue of the power of sale contained in said Mortgage, the following described property will be sold at public outcry to the highest bidder for cash, in front of the main entrance of the Lee County Courthouse, 215 S 9th Street, Opelike, Alabama on September 10, 2024, during the legal hours of sale the following described real estate, situated in Lee County, Alabama, to-wit:
ALL THAT REAL PROPERTY SITUATE, LYING AND BEING IN THE COUNTY OF LEE, STATE OF ALABAMA, DESCRIBED AS FOLLOWS, TO WIT:
LOT(S) 305, CAMDEN RIDGE 8TH ADDITION SECTION 10, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 194/195 IN THE OFFICE OF THE JUDGE OF PROBATE, LEE COUNTY ALABAMA.
Property Known As: 1848 Shadow Bend Lane, Auburn, AL 36830 (address for informational purposes only)
Said property will be sold on an “as is, where is” basis subject to any easements, encumbrances, and exceptions contained in said Mortgage and those contained in the records of the Office of the Judge of Probate where the above-described property is situated. Said property will be sold without warranty or recourses expressed or implied as to title, use and\or enjoyment, and will be sold subject to the right of redemption of all parties entitled hereto. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments or easements, liens, zoning ordinances, restrictions, covenants, and any security deeds, mortgages or deeds of trust and any other matters of record superior to the Mortgage first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.
This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure, including attorney’s fees. The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit its purchase price against the expenses of sale and the indebtedness secured by the real estate. This sale is subject to postponement or cancellation.
FIRST HORIZON BANK, a Tennessee Banking Corporation, successor by conversion to First Tennessee Bank National Association, a National Banking Association, successor by merger to First Horizon Home Loan Corporation, a Kansas Corporation
Robert J. Solomon
Attorney for Holder
Solomon | Baggett, LLC
3763 Rogers Bridge Road
Duluth, GA 30097
(678) 243-2512 The law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. Legal Run 8/1/24, 8/8/24, 8/15/24
PROBATE COURT – ESTATE OF JOHN EDWIN LOHMEYER
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN RE: The Estate of JOHN EDWIN LOHMEYER, Deceased
CASE NO: 2024-330
NOTICE TO CREDITORS
TAKE NOTICE that Letters Testamentary having been granted to LINDA MAE LOHMEYER, as Personal Representatives of the Estate of JOHN EDWIN LOHMEYER, deceased, on the 19th day of July, 2024, by Bill English, Lee County Probate Judge.
NOTICE IS HEREBY GIVEN that all persons having claims against the said Estate are hereby required to present the same within the time allowed by law or the same will be barred.
LINDA MAE LOHMEYER
Personal Representative of the Estate of JOHN EDWIN LOHMEYER Legal Run 08/01/24, 08/08/24, 08/15/24
NOTICE TO CREDITORS – ESTATE OF ERIKA HAUSCHILD
NOTICE TO CREDITORS
ESTATE OF ERIKA HAUSCHILD, DECEASED
PROBATE COURT
LEE COUNTY
CASE NO. 2024-455
NOTICE TO CREDITORS
Take Notice that LETTERS TESTAMENTARY of the Estate of ERIKA HAUSCHILD, are hereby granted to Claudia Ziglar on the 30th day of July, 2024, by the Honorable Bill English, Judge of the Probate Court of Lee County, Alabama.
Notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.
Claudia ZiglarLegal Run 08/08/24, 08/15/24 & 08/22/24
PROBATE COURT – ESTATE OF HUGH LAMAR SPEAR
IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA IN RE: THE ESTATE OF
HUGH LAMAR SPEAR, DECEASED
Case No. 2024-424
NOTICE TO CREDITORS
TAKE NOTICE that Letters Testamentary have been granted to Coleman R. Allen as
Executor for the Estate of Hugh Lamar Spear, deceased, on July 29, 2024, by the Honorable Bill English, Judge of Probate Court of Lee County. NOTICE IS HEREBY GIVEN that all persons having claims against the said estate are hereby required to present the same within the time allowed by law or the same will be barred.
Done this the 29th day of July 2024.
/s/ Bill English
Bill English, Probate Judge
Lee County, Alabama
Jacob J. (Jake) Key, Esq.
Attorney for Executor
Johnson, Caldwell & McCoy, LLC
117 North Lanier Avenue, Suite 201
Lanett, Alabama 36863
(334) 644-1171 Legal Run 08/08/24, 08/15/24 & 08/22/24
PROBATE COURT – ESTATE OF MARGIE ANN TOMBLIN
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
In RE: The Estate of Margie Ann Tomblin, deceased
CASE NO. 2024-299
NOTICE TO CREDITORS
Take Notice that LETTERS TESTAMENTARY have been granted to Diana Wade as the personal representative of the Estate of Margie Ann Tomblin, deceased on the 23rd day of July, 2024, by the Honorable Bill English, Judge of the Probate Court of Lee County, Alabama.
Notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.
Done this the 23rd day of July, 2024.
Bill English, Probate Judge of Lee County, Alabama Legal Run 08/08/24, 08/15/24 & 08/22/24
PROBATE COURT – ESTATE OF ALICE MILNER
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
In the Matter of The Estate of ALICE MILNER, deceased
CASE NO. 2024-454
NOTICE TO CREDITORS
LETTERS TESTAMENTARY of said deceased have been granted to Brently C. Milner and Thomas D. Milner, Jr., Personal Representatives on the 30th day of July, 2024, by the Honorable Bill English, Judge of the Probate Court of Lee County. Notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.
Brently C. Milner and Thomas D. Milner, Jr., Legal Run 08/08/24, 08/15/24 & 08/22/24
ADVERTISEMENT FOR BIDS
ADVERTISEMENT FOR BIDS
SMITHS WATER & SEWER AUTHORITY
SMITHS STATION, ALABAMA
POTABLE WATER STORAGE TANK MAINTENANCE (2025-2034)
Sealed bids for the Potable Water Storage Tank Maintenance (2025-2034) CMGM240054 will be received by the Smiths Water & Sewer Authority, Attn: Mr. Andy Morris, GM, located at 2848 Lee Road 243, Smiths Station, AL 36877, until Thursday, September 12, 2024 at 11:00 EDT local time at which time the Bids received will be publicly opened and read.
The Project includes the following Work: Inspections, washouts, dive and vacuums, maintenance, renovation and repairs of eight (8) various capacity and type potable water storage tanks.
Information for the Project can be found at the following designated website: www.gmcnetwork.com
The Issuing Office for the Bidding Documents is Goodwyn Mills Cawood LLC, 11 N. Water St., Suite 19290, Mobile, AL 36602, Ashley.Morris@gmcnetwork.com. Prospective Bidders may examine the Bidding Documents at the Issuing Office on Monday through Friday between the hours of 8:00 a.m. – 5:00 p.m., and may obtain copies of the Bidding Documents from the Issuing Office as described below.
Copies of the Bidding Documents may be obtained from the Issuing Office, during the hours indicated above, upon payment of a deposit of $20.00 for a one-time administrative fee for digital access/file sharing and/or $100.00 for each printed set. Said cost represents the cost of printing, reproduction, handling, and distribution, therefore no refund will be granted. Checks for Bidding Documents shall be payable to “GMC.” Partial sets of Bidding Documents will not be available from the Issuing Office. Neither Owner nor Engineer will be responsible for full or partial sets of Bidding Documents, including Addenda if any, obtained from sources other than the Issuing Office.
Bid security shall be furnished in accordance with the Instructions to Bidders.
The Owner reserves the right to waive any informalities, or to reject any or all bids, and to award the contract to the best and most responsible bidder. All bidders shall submit, upon request, a list of projects “successfully completed” in the last 2 years, having the same scope of work and approximate construction cost as specified in this project. All bidders must comply with requirements of the Contractor’s Licensing Law of the State of Alabama and be certified for the type of work on which the proposal is submitted. Each bidder must deposit with his bid, security in the amount, form and subject to the conditions provided in the Instructions to Bidders.
All Bidders bidding in amounts exceeding that established by the State Licensing Board for General Contractors must be licensed under the provisions of Title 34, Chapter 8, Code of Alabama, 1975, and must show evidence of license before bidding or bid will not be received or considered by the Engineer; the Bidder shall show such evidence by clearly displaying the license number on the outside of the envelope in which the Proposal is delivered.
No bidder may withdraw his bid within 60 days after the opening thereof.
Bidders will be fully responsible for the delivery of their bids in a timely manner. Reliance upon the U.S. Mail or other carriers is the bidder’s risk.
Owner: Smith Water & Sewer Authority
By: Mr. Joe Walden
Title: Chairman Legal Run 08/15/24, 08/22/24 & 08/29/24
PUBLIC NOTICES FOR THE CITY OF OPELIKA
CITY OF OPELIKA
SYNOPSIS OF ZONING NOTICE
The City Council of the City of Opelika will hold a public hearing on Tuesday, September 3, 2024, at 6:00 p.m. in the Courtroom of the Opelika Municipal Court Building, 300 Martin Luther King Boulevard, Opelika, Lee County, Alabama, to consider the adoption of an ordinance to amend the Zoning Ordinance and the Zoning Map of the City of Opelika by rezoning or redistricting the parcel of land hereinafter described so as to change such parcel from one class of district to another class of district, as follows:
From a R-1 District (Low Density Residential District) to a Planned Unit Development (PUD), the parcel of land hereinafter described:
A tract or parcel of land containing 68 acres more or less being all that part of the the N1/2 of the SW1/4 of Section 33, Township 20 North, Range 27 East, Lee County, Alabama lying east of Andrews Road and north of Sportsplex Parkway.
The above-described property, containing approximately 68.4 acres, is located on the north side of Sportsplex Parkway.
The Development Plan (Master Plan) provides for a residential development consisting of approximately 132 single-family home lots. The development plan shows planned open space areas, amenity areas and on-site detention. The development plan shows two (2) entry points into the development from Sportsplex Parkway and one entry point from Andrews Road. The development plan also shows cross-access to the adjoining Hidden Lakes North development. The proposed density is less than 2 units per acre.
Public Notice of this public hearing with insertion of the proposed ordinance was first published on August 8, 2024, in the Opelika Observer. This notice is given pursuant to Sections 11-52-77 and 11-52-78 Code of Alabama (1975). The City Council reserves the right to modify or alter any of the proposed amendments to the Zoning Ordinance.
At the public hearing, all persons who desire to be heard shall have the opportunity to speak for or in opposition to the proposed ordinance. Written comments concerning the above matter may be mailed to the City Clerk at P.O. Box 390, Opelika, AL 36803 at any time prior to the public hearing and may be further submitted to the City Council at the meeting and the public hearing.
Please contact Brian Weiss, the City’s ADA Coordinator, at 334-705-5134 at least two (2) working days prior to the meeting if you require special accommodations due to any disability.
THIS NOTICE is given under my hand this the 15th day of August, 2024.
/s/ Russell A. Jones, MMC CITY CLERK OF THE CITY OF OPELIKA, ALABAMA
Legal Run 08/15/2024
ORDINANCE NO. 016-24
ORDINANCE AUTHORIZING THE CONVEYANCE OF
REAL PROPERTY TO THE OPELIKA CITY BOARD OF EDUCATION
(CARVER PRIMARY SCHOOL)
BE IT ORDAINED by the City Council (the “Council”) of the City of Opelika, Alabama as follows:
Section 1. The Council upon evidence duly presented to and considered by it, has found and determined, and does hereby find, determine and declare as follows:
(a) The following described real property is no longer needed for public or municipal purposes, to-wit:
Lot 1A according to and as shown by map or plat of the subdivision known as “A SUBDIVISION OF THE CARVER SCHOOL AND COVINGTON REC. CENTER PROPERTY” of record in Plat Book 48, at Page 131 in the Office of the Judge of Probate of Lee County, Alabama.
(b) The property described above has been utilized and maintained by The Opelika City Board of Education as a public education facility for more than fifty (50) years.
(c) The City is desirous of conveying all of its right, title, interest and claim in and to the property described in Section 1(a) to The Opelika City Board of Education.
Section 2. That the City Council does hereby determine and declare that it is in the best interest of the City to convey the real property described in Section 1(a) above to The Opelika City Board of Education without consideration.
Section 3.That the Mayor and the City Clerk be and they are hereby authorized and directed to execute and attest, respectively, for and on behalf of the City of Opelika, Alabama, a statutory warranty deed, a copy of which is on file in the Office of the City Clerk, whereby the City of Opelika does convey the premises described in Section 1(a) above to The Opelika City Board of Education.
Section 4.That the Mayor, City Clerk and other appropriate officers and employees of the City are hereby authorized to take such further actions and execute and deliver such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Ordinance.
Section 5. That this ordinance shall become effective immediately upon its adoption and publication as required by law.
Section 6. That the City Clerk of the City of Opelika is hereby authorized and directed to cause this ordinance to be published one (1) time in a newspaper published in and of general circulation in the City of Opelika, Alabama.
ADOPTED AND APPROVED this the 6th day of August, 2024.
/s/ Eddie Smith PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA
ATTEST:
/s/ Russell A. Jones, MMC CITY CLERK
TRANSMITTED TO MAYOR this the 7th day of August, 2024.
/s/ Russell A. Jones, MMC CITY CLERK
ACTION BY MAYOR
APPROVED this the 7th day of August, 2024.
/s/ Gary Fuller MAYOR
ATTEST:
/s/ Russell A. Jones, MMC CITY CLERK
Legal Run 08/15/2024
ORDINANCE NO. 015-24
ORDINANCE AUTHORIZING THE CONVEYANCE OF
REAL PROPERTY TO THE OPELIKA CITY BOARD OF EDUCATION
(OPELIKA MIDDLE SCHOOL SITE)
BE IT ORDAINED by the City Council (the “Council”) of the City of Opelika, Alabama as follows:
Section 1. The Council upon evidence duly presented to and considered by it, has found and determined, and does hereby find, determine and declare as follows:
(a) The following described real property is no longer needed for public or municipal purposes, to-wit:
Lot 1 according to and as shown by map or plat of the subdivision known as “Opelika City School Subdivision, Middle School Site” of record in Plat Book 50, at Page 6 in the Office of the Judge of Probate of Lee County, Alabama.
(b) The property described above has been utilized and maintained by The Opelika City Board of Education as a public education facility for more than sixty (60) years.
(c) The City is desirous of conveying all of its right, title, interest and claim in and to the property described in Section 1(a) to The Opelika City Board of Education.
Section 2. That the City Council does hereby determine and declare that it is in the best interest of the City to convey the real property described in Section 1(a) above to The Opelika City Board of Education without consideration.
Section 3. That the Mayor and the City Clerk be and they are hereby authorized and directed to execute and attest, respectively, for and on behalf of the City of Opelika, Alabama, a statutory warranty deed, a copy of which is on file in the Office of the City Clerk, whereby the City of Opelika does convey the premises described in Section 1(a) above to The Opelika City Board of Education.
Section 4. That the Mayor, City Clerk and other appropriate officers and employees of the City are hereby authorized to take such further actions and execute and deliver such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Ordinance.
Section 5. That this ordinance shall become effective immediately upon its adoption and publication as required by law.
Section 6. That the City Clerk of the City of Opelika is hereby authorized and directed to cause this ordinance to be published one (1) time in a newspaper published in and of general circulation in the City of Opelika, Alabama.
ADOPTED AND APPROVED this the 6th day of August, 2024.
/s/ Eddie Smith PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA
ATTEST:
/s/ Russell A. Jones, MMC CITY CLERK
TRANSMITTED TO MAYOR this the 7th day of August, 2024.
/s/ Russell A. Jones, MMC CITY CLERK
ACTION BY MAYOR
APPROVED this the 7th day of August, 2024.
/s/ Gary Fuller MAYOR
ATTEST:
/s/ Russell A. Jones, MMC CITY CLERKLegal Run 08/15/2024
ORDINANCE NO. 014-24
AN ORDINANCE AUTHORIZING CITY DEPARTMENTS
AND OFFICES TO CREATE AND RETAIN ELECTRONIC
RECORDS AND CONVERT WRITTEN RECORDS TO ELECTRONIC
RECORDS; AUTHORIZING THE USE OF ELECTRONIC SIGNATURES;
AND ADOPTING AN ELECTRONIC RECORDS MANAGEMENT POLICY
WHEREAS, the Alabama Uniform Electronic Transaction Act (“UETA”), codified at Ala. Code 1975 §8-1A-1 et seq, authorizes the City Council to determine whether, and the extent to which City departments and offices will create and retain electronic records and convert written records to electronic records; and
WHEREAS, UETA grants authority to the City Council to determine whether and to what extent City departments and offices may use electronic signatures in the conduct of official business; and
WHEREAS, UETA specifically empowers the City Council to adopt rules and policies for the creation, protection, maintenance, preservation and storage of electronic records; and
WHEREAS, a proposed Electronic Records Management and Imaging Policy has been prepared by City staff and presented to the City Council for approval.
NOW, THEREFORE, BE IT ORDAINED by the City Council (the “Council”) of the City of Opelika, Alabama (the “City”) as follows:
Section 1. Authority. To the fullest extent permitted by UETA and subject to the limitations of the rules and policies adopted in Section 4 below, the City Council hereby authorizes City departments and offices to create and retain electronic records and to convert written records to electronic records and to send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use and rely upon electronic records and electronic signatures.
Section 2. Scope. To the fullest extent permitted by UETA and subject to the limitations of the rules and policies adopted in Section 4 below, this Ordinance is intended to authorize the use of electronic records and electronic signatures in the conduct of official business of the City by City departments and offices and the conduct of official business with City departments and offices by any person. Such use shall be in accordance with and subject to the provisions of UETA and the rules and policies adopted in Section 4 below. This Ordinance does not require a record or signature to be created, generated, sent, communicated, received, stored or otherwise processed or used by electronic means or in electronic form.
Section 3. Limitations. Notwithstanding anything to the contrary contained in this Ordinance or the UETA:
(a) In no event shall any legal or binding recognition or effect be given to a record purported to be executed by a City signatory using an electronic signature, if the execution is not duly authorized in accordance with applicable law; and
(b)In the event that any electronic signature is found by a City department, office or agency to have been used or applied to a City record in violation of this Ordinance, the UETA, or any other law, the electronic signature shall be null and void and the City record signed electronically using the unlawful, fraudulent, unauthorized or otherwise improper electronic signature shall also be null and void, discontinued and unenforceable against the City.
Section 4. Adoption of electronic record management and imaging policy. The Electronic Records Management and Imaging Policy, attached hereto as Exhibit “A” and incorporated herein by reference, is hereby adopted and approved.
Section 5. Conflict and Severability. In the event any provision of this Ordinance conflicts with any other ordinance of the City of Opelika on the subject matter of this Ordinance, the more strict provision shall apply and supersede. If any provision of this Ordinance is held to be invalid, unconstitutional or unenforceable for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portion of this Ordinance, which shall be deemed separate, distinct and independent provisions enforceable to the fullest extent possible.
Section 6. Effective date. This Ordinance shall become effective upon its adoption, approval and publication as required by law.
Section 7. Publication. This Ordinance shall be published in a newspaper of general circulation in the City of Opelika, Lee County, Alabama.
ADOPTED AND APPROVED this the 6th day of August, 2024.
/s/ Eddie Smith PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA
ATTEST:
/s/ Russell A. Jones, MMC CITY CLERK
TRANSMITTED TO MAYOR this the 7th day of August, 2024.
/s/ Russell A. Jones, MMC CITY CLERK
ACTION BY MAYOR
APPROVED this the 7th day of August, 2024.
/s/ Gary Fuller MAYOR
ATTEST:
/s/ Russell A. Jones, MMC CITY CLERK Legal Run 08/15/2024
ORDINANCE NO. 013-24
AN ORDINANCE TO AMEND THE ZONING
ORDINANCE AND ZONING MAP OF THE CITY OF OPELIKA
BE IT ORDAINED by the City Council (the “City Council”) of the City of Opelika, Alabama (the “City”) as follows:
Section 1. That Ordinance 124-91 entitled “Zoning Ordinance City of Opelika, Alabama”, adopted on September 17, 1991, and the Zoning Map of the City of Opelika provided for and referred to therein, as previously amended and/or modified, be and the same is hereby amended by rezoning or redistricting the parcels of land hereinafter in this section described, so as to change such parcels from one class of district to another class of district as follows, to-wit:
From a C-2, GC-P District (Office/Retail, Gateway Corridor Primary District) to a C-3, GC-P District (General Commercial, Gateway Corridor Primary District), the parcels of land hereinafter described:
PARCEL I
Commencing at the Southwest corner of Section 15, Township 19 North, Range 26 East, Ope1ika, Lee County, Alabama; run thence North for a distance of 1837.78 feet; run thence East for a distance of 694.75 feet to the intersection of the Westerly right-of-way line of Speedway Drive and the Easterly right-of-way line of Veterans Parkway, said point being the POINT OF BEGINNING of the parcel of land herein described and conveyed; from said point of beginning, run thence Northerly along the last aforementioned right-of-way line, being a curve concave Easterly and having a radius of 2769.95 feet for a distance of 230.84 feet; thence leaving said right-of-way 1ine, run thence South 89°27’46” East for a distance of 70.88 feet to the Westerly right-of-way 1ine of the aforementioned Speedway Drive; thence along said right-of-way line, run thence South 00°30’00” West for a distance of 219.57 feet to the POINT OF BEGINNING, containing 0.187 acres± and being further described on that certain Boundary Survey for Richard A Massey prepared on February 13, 2002 by James D. Miller, Ala. Reg. Land Surveyor No. 17256.
Deed Reference: Book 2227, Page 506.
PARCEL II
Commencing at the Southwest corner of Section 15, Township 19 North, Range 26 East, Opelika, Lee County, Alabama; run thence North for a distance of 2058.01feet; run thence East for a distance of 625.79 feet to the Easterly right-of-way line of Veterans Parkway, said point being the POINT OF BEGINNING of the parcel of land herein described and conveyed; from said point of beginning, run thence Northerly along said right-of-way line, being a curve concave Easterly and having a radius and an arc length of 2769.95 feet for a distance of 356.29 feet and a chord bearing and distance of North 11°18’55” West for a distance of 356.04 feet to the intersection with the Southerly right-of-way line of Randal Drive; thence along said right-of-way line, run thence North 51°09’52” East for a distance of 40.81 feet; run thence North 88°31’04” East for a distance 87.57 feet; run thence South 45°49’46” East for a distance of 34.16 feet to the Westerly right-of-way line of Speedway Drive; thence along said right-of-way line, run thence South 00°30’00” West for a distance of 354.04 feet; thence leaving said right-of-way line, run thence North 89°27’46” West for a distance of 70.88 feet to the POINT OF BEGINNING, containing 0.964 acres± and being further described on that certain Boundary Survey for Richard A. Massey prepared on February 13, 2002 by James D. Miller, Ala. Reg. Land Surveyor No. 17256.
Deed Reference: Book 2227, Page 506.
The above-described property contains 0.964 acre, more or less, and is located at 1504 Speedway Drive, Opelika, Alabama.
PARCEL III
RIGHT-OF-WAY VACATION OF A PORTION OF SPEEDWAY DRIVE
COMMENCE AT A POINT UNDER ASPHALT LOCALLY ACCEPTED AS THE SOUTHWEST CORNER OF SECTION 15, TOWNSHIP 19 NORTH, RANGE 26 EAST, AUBURN, LEE COUNTY, ALABAMA; THENCE NORTH 21°46’52” EAST, A DISTANCE OF 2070.89 FEET TO THE POINT OF BEGINNING OF A RIGHT-OF-WAY VACATION MORE FULLY DESCRIBED AS FOLLOWS: THENCE NORTH 00°49’50” EAST, A DISTANCE OF 216.29 FEET; THENCE NORTH 00°49’50” EAST, A DISTANCE OF 110.44 FEET; THENCE SOUTH 89°10’10” EAST, A DISTANCE OF 48.78 FEET; THENCE SOUTH 00°49’55” WEST, A DISTANCE OF 110.16 FEET; THENCE SOUTH 00°49’55” WEST, A DISTANCE OF 99.88 FEET; THENCE SOUTH 00°49’55” WEST, A DISTANCE OF 99.90 FEET; THENCE SOUTH 00°49’55” WEST, A DISTANCE OF 99.92 FEET; THENCE SOUTH 00°49’55” WEST, A DISTANCE OF 37.57 FEET; THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 130.20 FEET, WITH A RADIUS OF 2662.7 FEET, WITH A CHORD BEARING OF NORTH 21°10’12” WEST, WITH A CHORD LENGTH OF 130.19 FEET TO THE POINT OF BEGINNING, SAID RIGHT-OF-WAY VACATION CONTAINING 18,949.9 SQUARE FEET OR 0.44 ACRES, MORE OR LESS.
Section 2. Any ordinance or part thereof in conflict with the provisions of this Ordinance be and the same are hereby repealed.
Section 3. This Ordinance shall be published in a newspaper of general circulation in the City of Opelika, Lee County, Alabama.
ADOPTED AND APPROVED this the 6th day of August, 2024.
/s/ Eddie Smith PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA
ATTEST:
/s/ Russell A. Jones, MMC CITY CLERK
TRANSMITTED TO MAYOR this the 7th day of August, 2024.
/s/ Russell A. Jones, MMC CITY CLERK
ACTION BY MAYOR
APPROVED this the 7th day of August, 2024.
/s/ Gary Fuller MAYOR
ATTEST:
/s/ Russell A. Jones, MMC CITY CLERK Legal Run 08/15/2024
ADVERTISEMENT FOR BIDS
ADVERTISEMENT FOR BIDS
Sealed bids will be received by the County Commission of Mobile County, Alabama, in the Mobile Government Plaza, Eighth Floor South Tower, Mobile, Alabama, until 10:00 A.M. on AUGUST 28, 2024, and then publicly opened for furnishing all labor and materials, and performing all work required by Mobile County and described as follows:
Project: Mobile County Soccer Complex Phase 2 – Four Permanent Fields and Parking Area
Project No.: CCP-014-2023D
ONE HUNDRED FIFTY (150) calendar days are allowed for the construction of the project.
All bids must be on blank forms provided in the specifications and submitted in its entirety. A cashier’s check drawn on an Alabama bank or a bidder’s bond, payable to Mobile County, Alabama, for an amount not less than five percent (5%) of the amount bid, but in no event more than ten thousand dollars ($10,000.00), shall be filed with the bid, as a bid guaranty. The bidder’s bond shall be prepared on the form specified and issued by a surety company authorized to do business in the State of Alabama.
This project is being bid EXCLUDING TAXES and requires the Contractor to comply with applicable provisions of Section 40-9-14.1, Code of Alabama, 1975, as amended; applicable provisions of the Alabama Administrative Code; and applicable requirements of the Alabama Department of Revenue (ADOR).
A performance bond in the form and terms approved by the County in an amount not less than the contract price will be required at the signing of the contract. A labor and materials bond in the form and terms approved by the County in an amount not less than the contract price, insuring payment for all labor and materials, shall also be required at the signing of the contract. In addition, the contractor must furnish to the County at the time of the signing of the contract a certificate of insurance coverage as provided in the specifications. The right is reserved to reject any and/or all bids and to waive informalities and to furnish any item of material or work to change the amount of said contract.
Liquidated damages for non completion of the work within the time limit agreed upon will be assessed in accordance with the terms of the contract.
Specifications are on file and may be viewed in the Mobile County, Alabama, Engineering Department, Mobile Government Plaza, Sixth Floor South Tower, Mobile, Alabama, or in the office of DUPLANTIS DESIGN GROUP, 3703 OLD SHELL ROAD, MOBILE, AL 36608 by appointment. Contact the Project Engineer, Evan Geerts, P.E. (egeerts@ddgpc.com) to schedule a viewing appointment. Plans and specifications in electronic format may be obtained by prime contractor bidders by contacting the Project Engineer, Evan Geerts, P.E. (egeerts@ddgpc.com). Physical copies may be obtained by prime contractor bidders by depositing NINETY-FIVE AND NO/100 DOLLARS ($95) with the Project Engineer for each set. This deposit shall be refunded in full upon return of the documents in reusable condition within ten (10) days after bid opening. The cost of and return of additional sets of specifications shall be in accord with Section 39-2-3(b), Code of Alabama (1975). No Specifications will be issued later than twenty four (24) hours prior to the time indicated above for receiving bids.
A pre-bid conference will be held on AUGUST 21, 2024 at 10:30 A.M., in the Mobile County, Alabama Engineering Department, Mobile Government Plaza, Sixth Floor South Tower, Mobile, Alabama. All prospective bidders should have a representative present at the pre-bid conference.
No bids will be considered unless the bidder, whether resident or non resident of Alabama, is properly licensed and qualified to perform the work described herein in accordance with all applicable laws of the State of Alabama. This shall include evidence of holding a current certificate to engage in general contracting in the State of Alabama, issued by the State of Alabama Licensing Board for General Contractors, Montgomery, Alabama, as required by Section 34-8-2, Code of Alabama (1975). Any contractor that desires to bid as a prime contractor must have at least one of the following major classifications of license per Section 230-X-1-.27 of the State of Alabama Licensing Board for General Contractors Administrative Code:
1.c.) Highways and Streets
1.d.) Municipal and Utility
1.e.) Heavy and Railroad Construction
Out of state corporations shall furnish a certificate of authority to transact business in Alabama. Out of state limited liability companies shall provide proof of registration to transact business in this state.
Prior to the award of a competitively bid contract to a contractor having one or more employees in the State of Alabama, Alabama law requires that the contractor provide the County proof of enrollment in E-Verify (see www.uscis.gov/everify).
If applicable to a contract resulting from this bid invitation, the successful bidder must comply with the Mobile County Contractor Felony Investigation Policy, available in the Engineering Department, or online at www.mobilecountyal.gov/government/departments/engineering.
No bid shall be withdrawn for a period of thirty (30) days subsequent to the opening of bids without the consent of the County Commission of Mobile County, Alabama. A tabulation of the bids will be available for public viewing within two (2) weeks of the award of the bid by visiting the following web address: www.mobilecountyal.gov/government/departments/engineering.
COUNTY COMMISSION OF MOBILE COUNTY, ALABAMA
BY: RANDALL DUEITT, PRESIDENT Legal 08/15//2024
CASE NO. CV-24-900161
IN THE CIRCUIT COURT OF LEE COUNTY,ALABAMA
CASE NO. CV-24-900161
VICKIE RIGGINS,
Plaintiff, vs.
A PARCEL OF LAND LOCATED IN LEE COUNTY, ALABAMA, TO-WIT:
Start at the NW corner of Section 20; Township 18 North; Range 28 East, Lee County, Alabama; thence North 89 degrees 03 minutes 06 seconds East,
274.72 feet to a point on the Easterly ROW of a Lee County Road; thence South 15 degrees 00 minutes 00 seconds East along said ROW, 448.70 feet to a point; thence South 15 degrees, 55 minutes, 05 seconds East, 46.21 feet; thence South 14 degrees 55 minutes 05 seconds East along said ROW, 810.85 feet to point of beginning
of parcel to be described; thence leaving said ROW North 89 degrees 03 minutes 26 seconds East, 1144.92 feet to a point; thence South 06 degrees 21 minutes 29 seconds Wet, 265.31 feet to a point; thence North 86 degrees 01 minute 28 seconds West, 718.46 feet to a point; thence South 75 degrees 00 minutes 00 seconds West,
335.00 feet to a point on the Easterly ROW of a Lee County Road; thence North 14 degrees 55 minutes 05 seconds West
along said ROW, 291.56 feet to a point of beginning, containing 5.9559 acres;
being parcel 6 of that certain plat of survey prepared by James W. Calhoun,
reg L. S. No. 9426, entitled “Survey for Williams Estate” and dated April 12, 1988, and May 24, 1988,
SHAWAN PARKER, CEDRIC PARKER,
BRUYTTA PARKER-BAILEY UNKNOWN HEIRS OF CONSTANCE
PARKER
AND TERRIE PARKER McLEAN,
UNKNOWN HEIRS OF WILLIE PARKER BELL,
UNKNOWN HEIRS OF NELLIE PARKER, ANY UNKNOWN PERSONS
Defendants. }
NOTICE OF ACTION
To: All Defendants herein, whose whereabouts are unknown, and which cannot be ascertained after the exercise of reasonable diligence.
You are hereby notified that on the 8th day of April 2024 a Bill to Quiet Title and Complaint to Sell for Division was filed in the Circuit Court of Lee County, Alabama, regarding the following described real property:
Start at the NW corner of Section 20; Township 18 North; Range 28 East, Lee County, Alabama; thence North 89 degrees 03 minutes 06 seconds East, 274.72 feet to a point on the Easterly ROW of a Lee County Road; thence South 15 degrees 00 minutes 00 seconds East along said ROW, 448.70 feet to a point; thence South 15 degrees, 55 minutes, 05 seconds East, 46.21 feet; thence South 14 degrees 55 minutes 05 seconds East along said ROW, 810.85 feet to point of beginning of parcel to be described; thence leaving said ROW North 89 degrees 03 minutes 26 seconds East, 1144.92 feet to a point; thence South 06 degrees 21 minutes 29 seconds West, 265.31 feet to a point; thence North 86 degrees 01 minute 28 seconds West, 718.46 feet to a point;
thence South 75 degrees 00 minutes 00 seconds West, 335.00 feet to a point on the Easterly ROW of a Lee County Road; thence North 14 degrees 55 minutes 05 seconds West along said ROW,
291.56 feet to a point of beginning, containing 5.9559 acres;
being parcel 6 of that certain plat of survey prepared by James
W. Calhoun, reg L. S. No. 9426, entitled “Survey for Williams Estate” and dated April 12, 1988, and May 24, 1988.
All persons having an interest in said lands or any portion thereof, claiming any title thereto or any encumbrance or lien thereon, are hereby directed to plead, answer, or otherwise respond to the Complaint on or before the expiration of 30 days after the last publication of this notice, or thereafter suffer judgment by default to be rendered against them it being intended that this notice shall be used to perfect service against all parties who cannot be personally served with a copy of the Complaint
Done this the 29th day of July, 2024
Mary Roberson
Circuit Court Clerk, Lee County
Benjamin H. Parr
830 Avenue A, Suite A Opelika, Alabama 36801
Telephone Number: 334-749-6999
Fax: 334-203-1875
ben(a),benparrlaw.com Legal Run 08/15/24, 08/22/24, 08/29/24 & 09/05/24
STORAGE UNIT AUCTIONS
STORAGE TREASURES AUCTION
Extra Space Storage, on behalf of itself or its affiliates, Life Storage or Storage Express, will hold a public auction to sell personal property described below belonging to those individuals listed below at the location indicated:
2020 S. College St. Auburn, AL 36832 Thursday, August 22, 2024 at 10:00AM
Unit B173
The auction will be listed and advertised on www.storagetreasures.com. Purchases must be made with cash only and paid at the above referenced facility in order to complete the transaction. Extra Space Storage may refuse any bid and may rescind any purchase up until the winning bidder takes possession of the personal property.
Run Date 08/15/2024
Extra Space Storage will hold a public auction to sell personal property described below belonging to those individuals listed below at the location indicated:
1412 Opelika Rd Auburn, AL 36830 – Thursday, August 22, 2024 @ 10:00 AM
Unit Y410
The auction will be listed and advertised on www.storagetreasures.com. Purchases must be made with cash only and paid at the above referenced facility in order to complete the transaction. Extra Space Storage may refuse any bid and may rescind any purchase up until the winning bidder takes possession of the personal property. Run Date 08/15/2024
STORAGE TREASURES AUCTION
Extra Space Storage (Life Storage) will hold a public auction to sell personal property described below belonging to those individuals listed below at the location indicated:
(1231 Gatewood Dr. Auburn Al ) Thursday, 8-22-2024 at 10:00AM
Unit 701
Unit 661
The auction will be listed and advertised on www.storagetreasures.com. Purchases must be made with cash only and paid at the above referenced facility in order to complete the transaction. Extra Space Storage may refuse any bid and may rescind any purchase up until the winning bidder takes possession of the personal property. Run Date 08/15/2024
STORAGE TREASURES AUCTION
Extra Space Storage (Life Storage) will hold a public auction to sell personal property described below belonging to those individuals listed below at the location indicated:
3951 Pepperell Pkwy Opelika AL 36801 Thursday, Aug 22, 2024 at 10:00AM
Unit A28
The auction will be listed and advertised on www.storagetreasures.com. Purchases must be made with cash only and paid at the above referenced facility in order to complete the transaction. Extra Space Storage may refuse any bid and may rescind any purchase up until the winning bidder takes possession of the personal property. Run Date 08/15/2024
CITY OF OPELIKA – PLANNING COMMISSION MEETING
CITY OF OPELIKA
NOTICE OF PLANNING COMMISSION MEETING AND PUBLIC HEARINGS
TO: RESIDENTS AND PROPERTY OWNERS OF THE CITY OF OPELIKA AND ALL OTHER INTERESTED CITIZENS
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Opelika, Alabama will hold a regular meeting and will be conducting public hearings on Tuesday, August 27, 2024 at 3:00 p.m. in the Meeting Chamber at Opelika Municipal Court located at 300 MLK Boulevard, Opelika, Alabama. A Planning Commission work session will be held at 2:45 pm before the regular meeting. The purpose of the public hearings is to receive public comment on the following:
I. Some items at the meeting will have a designated public hearing (noted below). Individuals are limited to 5-minute comment period per public hearing.
II. Approval of Minutes
III. Update on Previous PC Cases
IV. New Business
A Master Plan Revisions, Minor Amendment and Preliminary Plat – Public Hearing
- A public hearing on a request by Blake Rice, authorized representative of SMB Land, LLC and Opelika Industrial Development Authority, property owners to consider a minor amendment to the Foxrun Extension PUD Master Plan on Foxrun Avenue and Douglas Street. The amendment decreases the single family lots from 50 lots to 41 lots and increases the common/detention areas by about 8.2 acres. The 41 single family home lots are a minimum 8,000 square feet and minimum 58 feet wide. Minimum setbacks are 25’ front, 6’ side, and 20’ rear yard. From the original master plan, the amendment provides less single family home lots and more open/detention space. The Planning Commission will consider the request and vote.
- A public hearing on a request by Blake Rice, Barrett-Simpson, Inc., authorized representative for SMB Land, LLC, property owners, for preliminary approval of the Foxrun Extension subdivision consisting of 43 lots accessed from Douglas Street.
B. Plat (Preliminary) – Public Hearing - A public hearing on a request by Steve Timms, authorized representative for Retirement Systems of Alabama (RSA), property owners, for preliminary approval of the National Village Phase 1E subdivision consisting of 39 lots accessed at 5193 Grand National Parkway and Robert Trent Jones Parkway.
C. Conditional Use – Public Hearing - A public hearing on a request by Blake Rice, Barrett-Simpson, Inc., authorized representative for Auburn 57, Inc., property owner, for conditional use approval for a hotel (RAM Opelika Hotel) in a C-2, GC-P zoning district accessed at the 2400 block of Interstate Drive.
- A public hearing on a request by Lara Potts-Redeeming Grace Ministries, property owners, for conditional use approval for a residential transition program for women located in a R-1 zoning district at 3306 Ridge Road.
- A public hearing on a request by Chris Taylor, authorized representative for B. Marrell Hartley, president of Bence-Hartley, Inc, property owner, for conditional use approval for an auto sales lot located in a C-3, GC-S zoning district at 1418 2nd Avenue.
- A public hearing on a request by Buddy Ingram, authorized representative for South Ninth LLC, property owner, for conditional use approval for a wine bar located in a C-1 zoning district at 113 S 9th Street.
- A public hearing on a request by Bradley Creasy, representative for Dyas Properties, LLC, property owner, for conditional use approval for a 147-unit Build-to-Rent attached dwelling unit development in a C-2, GC-P zoning district at the 1400 block of South Fox Run Parkway.
- A public hearing on a request by Staley Fincher, property owner, for conditional use approval for 56 townhome units located in a C-3 zoning district at the end of Yarbrough Drive.
D. Rezoning – Public Hearing
10a. An agenda item related to a rezoning request is an amendment to the Future Land Use Map for 5.76 acres accessed at the 3900 block Waverly Parkway from a manufacturing land use category to a light commercial land use category. If the Planning Commission votes to send a positive recommendation to the City Council to rezone the 5.76 acres and Council approves the rezoning, then the said amendments to the Future Land Use map will be approved.
10b. A rezoning public hearing to consider a recommendation to the City Council on a request by David Slocum, authorized representative for the Opelika Industrial Development Authority, property owner, to rezone 5.76 acres accessed at 3900 block Waverly Parkway from a R-5 and M-2 zoning district to C-2 zoning district.
V. Old Business
E. Final Plat - A request by Nick Howell, representative for 2H Properties, LLC, property owner, for preliminary and final approval of the Asheton Village subdivision consisting of 45 lots accessed at 5067 Birmingham Highway. This item was tabled by the applicant at the July 23, 2024 PC meeting.
F.Conditional Use and Preliminary Plat – Public Hearing
12.A public hearing on a request by Hayes Eiford and Mike Maher, authorized representative for Whiteridge Opelika LLC and R&S Properties, LLC, property owners, for conditional use approval for 78 twinhome lots, three open space lots, and one lot for future development in a R-3 zoning district accessed from Waverly Place. (This agenda item was tabled at the July 23rd Planning Commission meeting.)
13.A public hearing on a request by Hayes Eiford and Mike Maher, authorized representative for Whiteridge Opelika LLC and R&S Properties, LLC, property owners, for preliminary approval of the Waverly Woods subdivision consisting of 83 lots accessed from Waverly Place. (This agenda item was tabled at the July 23rd Planning Commission meeting.)
G.Conditional Use Extension – Public hearing
14.A request by Jack Johnson to extend a conditional use approval for 12 months starting at the current expiration date of August 22, 2024. The said conditional use approval is for a climate-controlled self-storage building accessed at the 300 block of Samford Avenue originally approved at the August 2019 Planning Commission meeting and extensions approved in subsequent years.
H.Master Plan Amendment- Public Hearing
15.A public hearing on a request by Gateway at Opelika, LLC, property owner, for a major amendment to The Ballfields Master Plan zoned PUD at the corner of Pepperell Parkway and North 30th Street. The amendment replaces 32 townhome units with 64 apartment units. The Planning Commission will consider the request and vote. This item was tabled by the applicant at the July 23, 2023 PC meeting.
I.Conditional Use – Public Hearing
16.A public hearing on a request by Arthur R. Nettles, authorized representative for Dave King, King Automobiles, Inc., property owner, for conditional use approval for an automobile sales lot in a C-3, GC-P zoning district accessed at Pepperell Parkway and West Thompson Circle. This item was tabled by the applicant at the July 23, 2023 PC meeting. - A public hearing on a request by Arthur R. Nettles, authorized representative for Dave King, King Automobiles, Inc., property owner, for conditional use approval for a King Honda automobile paint shop and parking/display of vehicles for sale in a C-3, GC-P zoning district accessed at Dunlop Drive. This item was tabled by the applicant at the July 23, 2023 PC meeting.
All interested persons are invited to attend the meeting/public hearings and be heard. Written comments concerning the above matters may be mailed to the Planning Director at 700 Fox Trail, Opelika, Alabama 36801 at any time prior to the meeting/public hearings and may be further submitted to the Planning Commission at the meeting/public hearings.
The Planning Commission reserves the right to modify or alter any of the proposed amendments to the Zoning Ordinance and to make its recommendations accordingly to the City Council.
Please contact the Planning department at 334-705-5156 at least two (2) working days prior to the meeting if you require special accommodations due to a disability.
PLANNING DIRECTOR Legal Run 08/15/2024
NOTICE TO CREDITORS
NOTICE TO CREDITORS
Take Notice that LETTERS TESTAMENTARY were granted to Judy Geiger on the Estate of Curtis Leroy Word also known as Curtis L. Word, deceased, on the 12th day of August, 2024 by Honorable Bill English.
NOTICE IS HEREBY GIVEN that all persons having claims against the said Estate are hereby required to present the same within the time allowed by law or the same will be barred.
BILL ENGLISH
JUDGE OF PROBATE Legal Run 08/15/24, 08/22/24 & 08/29/24
PUBLIC AUCTION OF ABANDONED VEHICLES
PUBLIC AUCTION OF ABANDONED VEHICLES
In accordance with Alabama Abandoned Motor Vehicle Act, Alabama Code Sections 32-13-1 through 32-13-8 notice is hereby given to the owners, lienholders, and other interested parties. The following motor vehicles will be sold at public auction to the highest bidder at 9:00 am , September 20, 2024 at Opelika Chrysler Dodge Jeep Ram , 801 Columbus Highway, Opelika, Alabama. Seller reserves the right to reject any bid and the right to bid.
2008 Chrysler Town & Country
VIN# 2A8HR54P98R783214
2006 Jeep Grand Cherokee
VIN# 1J8HR78336C214044
2013 Chrysler 200
VIN# 1C3CCBAB5DN646972
Legal Run 08/15/24, 08/22/24
PUBLIC AUCTION OF ABANDONED VEHICLES
In accordance with Alabama Abandoned Motor Vehicle Act, Alabama Code Sections 32-13-1 through 32-13-8 notice is hereby given to the owners, lienholders, and other interested parties. The following motor vehicles will be sold at public auction to the highest bidder at 9:00 am , September 16, 2024 at Opelika Chrysler Dodge Jeep Ram , 801 Columbus Highway, Opelika, Alabama. Seller reserves the right to reject any bid and the right to bid.
2009 Dodge Journey
VIN# 3D4GG57V09T567675
Legal Run 08/15/24, 08/22/24
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN THE MATTER OF THE ESTATE OF: JOHNNY MACK PRINCE
Deceased
CASE NO.: 2024- 456
NOTICE TO CREDITORS
TAKE NOTICE that Letters Testamentary have been granted to Thomas R. Prince of the Estate of Johnny Mack Prince, deceased, on the 31s1 day of July, 2024 by the Honorable Bill English, Judge of Probate.
NOTICE IS HEREBY GIVEN that all persons having claims against the said Estate are hereby required to present the same within the time allowed by law or the same will be barred.
BY: Ben C. Hand
Attorney for Thomas R. Prince
Personal Representative of the Estate of Johnny Mack Prince
Legal Run 08/15/24, 08/22/24 & 08/29/24
