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
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
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
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
INVITATION TO BID 24032
Sealed bids for the construction of the Grandberry Drive Extension
shall be received at the Opelika City Hall Conference Room, 204 South Seventh Street, Opelika, Alabama, until 2:00 p.m., local time on September 10, 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. Bid documents may also be obtained on the City’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: Grandberry Drive Extension
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 08/22/24, 08/29/24 & 09/05/24
INVITATION TO BID
24031
Sealed bids for the construction of
Spring Villa
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 Thursday, September 12, 2024, and 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.
A Non-Mandatory Pre-Bid Conference will be held on Thursday, August 29, 2024, at 10:00 a.m. Central Time, at the Opelika City Hall 2nd Floor Conference Room (204 S. 7th Street, Opelika, Alabama).
Bidders are required to have a State of Alabama General Contractor’s License. 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 General Contractors bidding on this project shall be required to visit the site and examine all existing conditions prior to submitting their proposal. All Bidders shall have general liability and workman’s compensation insurance. The project shall be bid excluding taxes.
Bids must be submitted on proposal forms furnished by the City of Opelika. The right is reserved by the Owner to reject all Bids and to waive irregularities if, in the Owner’s judgment, the best interests of the Owner will thereby be promoted.
As a condition of award, the business entity and its subcontractors shall not knowingly employ or hire an unauthorized alien within the State of Alabama. The awarded business entity must provide documentation of enrollment in the E-Verify program. The business must participate in the E-Verify program for the length of the contract.
A certified check or Bid Bond payable to the City of Opelika, Alabama, in an amount not less than five percent (5%) of the amount of the bid, but in no event more than $10,000.00 must accompany the bidder’s sealed proposal – refer also to Instructions to Bidders. Performance and statutory labor and material bonds will be required at the signing of the Contract. In addition, a payment bond to the awarding authority letting the contract shall be executed in an amount not less than 50 percent (50%) of the contract price, with the obligation that the contractor or contractors shall promptly make payments to all persons supplying labor, materials, or supplies for or in the prosecution of the work provided in the contract and for the payment of reasonable attorneys’ fees incurred by successful claimants or plaintiffs in civil actions on the bond.
Drawings and specifications may be obtained at www.sslarchitecture.com/bids/ or by contacting Nick Vansyoc, nvansyoc@sslarch.com or (334) 781-6029, at Seay, Seay & Litchfield, P.C., at no charge as an electronic file if the bidder supplies a storage drive or as an email attachment. Additionally, bid documents are available on the City of Opelika’s website at www.opelika-al.gov/bids.aspx.
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, Opeli¬ka, Alabama 36803-0390. Attn: Spring Villa
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 08/22/24, 08/29/24 & 09/05/24
CASE NO. 2024 – 463
NOTICE TO CREDITORS
The State of Alabama, Lee County Probate Court
Estate of: BARBARA D. WILSON, Deceased.
Letters Testamentary upon the estate of said decedent, having been granted to the undersigned on the 6th day of August, 2024, by the Judge of Probate Court of Lee County, Alabama, notice is hereby given that all persons having claims against said Estate are required to file an itemized and verified statement of such claim in the office of the said Judge of Probate within six months from the above date, or said claim will be barred and payment prohibited.
MICHAEL STANLEY WILSON, Executor.
NOTICE TO CREDITORS BILLING INFORMATION:
HARRIS H. ANTHONY, ESQ.
MAYNARD NEXSEN PC
1901 Sixth Avenue North, Suite 1700
Birmingham, AL 35203
Tel: 205-254-1000
Executors:
Dated: Aug. 6, 2024
MICHAEL STANLEY WILSON
Legal Run 08/22/2024, 08/29/2024 & 09/05/2024
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN RE: The Estate of Mildred Q. Moncrief Also Known As Mildred Bellflower Davis, Deceased
Case No. 2024-315
TAKE NOTICE that Letters of Administration with Will Annexed having been granted to WILLIAM (BILL) P. DAVIS, as Administrator of the Estate of MILDRED Q. MONCRIEF, ALSO KNOWN AS, MILDRED BELLFLOWER DAVIS, deceased, on the 15th day of August, 2024, by Honorable 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.
WILLIAM (BILL) P. DAVIS
Administrator of the Estate of MILDRED Q. MONCRIEF also known as MILDRED BELLFLOWER DAVIS
Legal Run 08/22/2024, 08/29/2024 & 09/05/2024
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, September 5 2024, at 10:00AM
Unit A10 Unit C33
Unit A100 Unit C43
Unit A 17 Unit C56
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.
Legal Run 08/29/2024
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, 9-05-2024 at 10:00AM
Unit 417
Unit 822
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.
Legal Run 08/29/2024
IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA
IN RE: THE ESTATE OF JOSEPH J. CANNON, DECEASED
Case No. 2024-439
NOTICE TO CREDITORS
TAKE NOTICE that Letters of Administration have been granted to Joanne LaBuda as Administratrix for the Estate of Joseph J. Cannon, deceased on August 15, 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 15th day of August 2024.
BILL ENGLISH, Probate Judge, Lee County, Alabama
Legal Run 08/29/2024, 09/05/2024 & 09/12/2024
IN THE CIRCUIT COURT OF LEE COUNTY, ALABAMA
Case No.: CV-2024-900393
JUNE BARNES, as Personal Representative of
the Estate of Cecil Day, deceased,
Plaintiff, v.
A tract or parcel of land designated as:
A parcel of land lying in Sections 4 &5,
Township 18 North, Range 26 East, Lee
County, Alabama, and being more particularly
described as follows: Commending at the locally accepted Southwest corner of Section 5,
Township 18 North, Range 26 East, Lee
County, Alabama; thence North 00° 40’ 49” West
2,130.08 feet to a found ½ pipe located on the
Westerly right-of-way of New Wright’s Mill
Road and the POINT OF BEGINNING of
parcel described herein described; thence leaving
said right-of-way North 01° 28’ 48” West, a distance of 164.28 feet to a found 2 inch pipe;
thence North 00° 23’ 58” East, a distance of 261.89 feet to a found ¾ inch pipe; thence North 05° 29’ 04” West, a distance of 161.87 fee to a
Found ¾ inch solid iron; thence North 00° 04’ 33” East, a distance of 25.12 feet to a found 1
Inch flat iron; thence North 21° 30’ 21” West, a distance of 257.52 feet to a set 5/8 inch rebar set along the Southeasterly right-of-way of Interstate Highway 85; thence along saidright-of-way North 53° 48’ 34” East, a distance of 284.61 feet to a distance of 393.40 feet to a found 1 inch flat iron; thence South 05° 45’ 23” West, a distance of 592.43 feet to a found ½ inch pipe located on the Western right-of-way of
New Wrights Mill Road; thence along said right-of-way South 30° 26’ 43” West, a distance of 44.94 feet to the POINT OF BEGINNING.
Containing 2.04 acres, being further described On that certain Boundary Survey for Melmer Smith prepared on 10/20/10 by J. Keith
Maxwell, Ala. Reg. Land Surveyor No. 17262,
A copy of which is attached hereto as Exhibit
“A.” AndJohn Bowen, Jr., and/or the unknown heirs
Of John Bowen, Jr. And
Rebecca Bowen, and/or the unknown heirs Of Rebecca Bowen, And Fictitious Defendants A, B, C, D, E, F & G, Being Persons, Individuals, Firms, Associations,
Partnerships, Corporations or other Entities, Whose names are otherwise unknown to the
Plaintiff, but who claim interest in and to the above-captioned parcel of land, and whose
correct names and legal identities will be added by Amendment when ascertained,
Defendants.
PUBLICATION NOTICE
John Bowen, Jr., Rebecca Bowens, and any other persons who may claim an interest in the real property more particularly described herein below (“Defendants”), must answer the Complaint to Quiet Title, filed by the Estate of Cecil Day, deceased, by and through its Personal Representative, June Barnes, on or before November 1, 2024, or a Judgment by Default may be rendered against them in Lee County Case No.: CV-2024-900393. The real property situated in Lee County, Alabama, is more particularly described as:
A parcel of land lying in Sections 4 &5 Township 18 North, Range 26 East, Lee County, Alabama, and being more particularly described as follows: Commending at the locally accepted Southwest corner of Section 5 Township 18 North, Range 26 East, Lee County, Alabama; thence North 00° 40’ 49” West 2,130.08 feet to a found ½ pipe located on the Westerly right-of-way of New Wright’s Mill Road and the POINT OF BEGINNING of parcel described herein described; thence leaving said right-of-way North 01° 28’ 48” West, a distance of 164.28 feet to a found 2 inch pipe; thence North 00° 23’ 58” East, a distance of 261.89 feet to a found ¾ inch pipe; thence North 05° 29’ 04” West, a distance of 161.87 fee to a Found ¾ inch solid iron; thence North 00° 04’ 33” East, a distance of 25.12 feet to a found 1 Inch flat iron; thence North 21° 30’ 21” West, a distance of 257.52 feet to a set 5/8 inch rebar set along the Southeasterly right-of-way of Interstate Highway 85; thence along said right-of-way North 53° 48’ 34” East, a distance of 284.61 feet to a distance of 393.40 feet to a found 1 inch flat iron; thence South 05° 45’ 23” West, a distance of 592.43 feet to a found ½ inch pipe located on the Western right-of-way of New Wrights Mill Road; thence along said right-of-way South 30° 26’ 43” West, a distance of 44.94 feet to the POINT OF BEGINNING. Containing 2.04 acres, being further described on that certain Boundary Survey for Melmer Smith prepared on 10/20/10 by J. Keith Maxwell, Ala. Reg. Land Surveyor No. 17262, A copy of which is attached hereto as Exhibit “A.”
This notice is Ordered by Lee County Circuit Judge Christopher J. Hughes on August 19, 2024, a copy of which is attached hereto and incorporated herein by reference.
/s/ Jonathan K. Corley
Attorney for June Barnes, as Personal Representative of the Estate of Cecil Day, deceased
Mary B. Roberson, Lee County Circuit Clerk
Legal Run 08/29/24, 09/05/24, 09/12/24 & 09/19/24
Publication Notice to Creditors of Appointment
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
CASE NO.: 2024-490
IN RE: THE ESTATE OF SUSAN T. BECK, DECEASED.
TAKE NOTICE that Letters Testamentary having been granted to Darren Thomas Beck, as Executor of the Estate of Susan T. Beck, deceased, on the 21st day of August, 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.
Darren Thomas Beck, Executor of the Estate of Susan T. Beck, Deceased Michael W. Kelley, II
Kelley Legacy Law, LLC 3320 Skyway Drive, Suite 711 Opelika, AL 3680 l
334-801-9797
Legal Run 08/29/24, 09/05/24 & 09/12/24
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 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.
2010 Dodge Charger
VIN# 2B3CA4CD4AH108765
Legal Run 08/22/24, 08/29/24
IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA
IN THE MATTER OF THE ESTATE OF JOSEPH SINGLETON YORK, JR, Deceased
Case No.: 2024- 496
NOTICE TO CREDITORS
Letters Testamentary of said deceased having been granted to Rose Lynn Bliss York, Personal Representative on the 26th day of August, 2024, by Honorable Bill English, Judge of 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.
Rose Lynn Bliss York
Legal Run 08/29/24, 09/05/24 & 09/12/24
STATE OF ALABAMA LEE COUNTY PROBATE COURT
CASE NO. 2024-489
ESTATE OF DEBORAH GAMMON FORD, DECEASED
NOTICE OF APPOINTMENT OF PERSONAL REPRESENTATIVE
Letters Testamentary of said Deborah Gammon Ford, deceased, having been granted to Don Rogers this 26th day of August 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 the law or the same will be barred.
Don Rogers, Personal Representative
Jeffery A. Hilyer
Attorney at Law
334-745-2564
P.O. Box 30
Opelika, Alabama 36803-0030.
Legal Run 08/28/24, 09/05/24, 09/12/24
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, September 5, 2024 at 10:00AM
Unit C339
Unit C352
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.
Legal Run 08/29/2024
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN RE: The Estate of GLADYS DOWDELL DUMAS, Deceased
CASE NO.: 2024-350
NOTICE TO CREDITORS
TAKE NOTICE that on the 30th day of July, 2024, Letters of Administration were granted by the Honorable Bill English to Vivian Banks, as Administrator of the Estate of Gladys Dowdell Dumas, who was deceased on the 28th day of February of 2023.
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.
/s/ Vivian Banks
Vivian Banks, Administrator
Legal Run 08/22/2024, 08/29/2024 & 09/05/2024
THE MATTER OF THE ESTATE OF ROBERT EARL SULLIVAN, JR. ,
DECEASED.
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
Case No: 2024-229
Letters Testamentary on the estate of said decedent having been granted to the undersigned on the 16th day of August, 2024, by the Hon. 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.
TRACY E. SULLIVAN
Personal Representative
Robert H. Pettey
Samford & Denson, LLP
P.O. Box 2345
Opelika, AL 36803-2345
(334) 745-3504
Legal Run 08/22/24, 08/29/24 & 09/05/24
IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA
IN RE: THE ESTATE OF MARK BERNARD SANDERS, Deceased
CASE NO.: 2024-098
NOTICE TO CREDITOR
Take Notice that LETTERS OF ADMINISTRATION of said deceased having been granted to TAWANDA FAULK-ELAM on the 21st day of August, 2024, by the Honorable Bill English, Judge of 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.
TAWANDA FAULK-ELAM
Legal Run 08/29/24, 09/05/24 & 09/12/24
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN RE: THE ESTATE OF PEGGY BARNETT DECEASED
ESTATE NO.: 2024-431
NOTICE TO FILE CLAIMS
Letters of Administration on the Estate of Peggy Barnett, deceased, having been granted to Donald Bledsoe on the 15th day of August 2024, by the Honorable Bill English, Judge of Probate of Lee County, Alabama, 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.
BILL ENGLISH
Legal Run 08/29/24, 09/05/24 & 09/12/24
ORDINANCE NO. 021-24
ORDINANCE ANNEXING CERTAIN PROPERTY INTO THE CORPORATE LIMITS OF THE CITY OF OPELIKA
(Property located on west side of Lee Road 171)
WHEREAS, Prestige Worldwide Rentals LLC, a limited liability company (hereinafter referred to as the “Petitioner”) being the owner of the property hereinafter described, heretofore filed a Petition for Annexation (the “Petition”) with the City of Opelika, Alabama, a municipal corporation, a copy of which is attached hereto as Exhibit “A”, requesting the annexation of certain property owned by the Petitioner as more particularly described below; and
WHEREAS, the Petitioner is the owner of all of the lands described in his Petition; and
WHEREAS, the territory to be annexed is contiguous to the existing corporate limits of the City of Opelika and does not embrace any territory within the corporate limits of another municipality, and when annexed into the City of Opelika will form a homogenous part of the City; and
WHEREAS, the City Council of the City of Opelika did find and determine that it is in the best interest of the public that said property be annexed into the City of Opelika and it did further determine that all legal requirements for annexing said real property have been met pursuant to Sections 11-42-20 through 11-42-24, Code of Alabama (1975).
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Opelika, Alabama as follows:
Section 1. The City Council of the City of Opelika, finds and declares, as the legislative body of the City of Opelika, that it is in the best interest of the citizens of the City of Opelika, to bring the territory described in Section 2 of this Ordinance into the corporate limits of the City of Opelika.
Section 2. The following described property be, and the same is hereby annexed into the corporate limits of the City of Opelika, Alabama, and the boundary lines and corporate limits of the City of Opelika, Alabama shall be extended, altered and rearranged to include within the corporate limits of the City of Opelika, in addition to the territory now included therein, all the following territory, to wit:
Commence and begin at a found concrete monument located at the locally accepted center of Section 14, T20N, R26E, Lee County, Alabama, said point being the Point of Beginning of the portion of Prestige Subdivision to be annexed into the City of Opelika described herein: from this POINT OF BEGINNING, thence N01°03’06”W, 968.84’ to a set ½” rebar by Precision Surveying (CA788); thence N78°51’17”E, 446.88’ to a set ½” rebar (CA788); thence N00°17’02”E, 258.18’ to a set ½” rebar (CA788); thence N89°42’45”E, 957.07’ to a set ½” rebar (CA788); thence N00°00’40”E, 730.46’ to a set ½” rebar (CA788) at the right of way for Lee Road 171 being 30+’ of the centerline of the existing dirt road; thence along said right of way S32°01’45”E, 172.25’ to a set ½” rebar (CA788) at the beginning of a curve tangent to said line; thence along said right of way for an arc distance of 315.49’ along the curve concave to the southwest, having a radius of 1166.54’ and a chord of S24°16’53”E, 314.53’ to a set ½” rebar (CA788) at the point of a compound curve; thence along said compound curve concave to the West having a radius of 7213.71 and a chord which bears S12°39’24” E, 973.39’ for an arc distance of 974.13 to a set ½” rebar (CA788) at the point of a reverse curve; thence along said reverse curve for an arc distance of 807.86’ along the curve concave to the northeast, having a radius of 1232.73 and a chord of S29°09’01”E, 793.48 to a set ½” rebar (CA788) at the point of a reverse curve; thence along said reverse curve for an arc distance of 422.56 along the curve concave to the southwest, having a radius of 2663.19’ and a chord of S43°22’32”E, 422.12; thence along a compound curve to the right of a radius of 760.98’ concave to the West for an arc distance of 125.98’ on a chord of S34°10’24”E, 125.83’ to a found ½” rebar (CA788) at the Northeast corner of Lot 1, Prestige Subdivision as recorded in Plat Book 49, Page 163 in the Office of the Judge of Probate for Lee County, Alabama; thence leaving the right of way for Lee Road 171 and follow the North line of Lot 1, Prestige Subdivision S73°20’52”W, 1379.19’ to a found ½” rebar (CA788); thence S16°47’17”E, 499.93 to a found ½” rebar (CA788); thence along the North line of the City Limits for Opelika, Alabama N89°58’42”W, 1345.63’ to a calculated point at the intersection of the West line of this property and the North line of said City Limits; thence N01°03’06”W, 1263.63’ to the Point of Beginning.
The above-described property contains 109.9 acres, more or less, and is located on the west side of Lee Road 171.
Section 3. A map or plat of a survey describing the territory annexed and showing its relation to the corporate limits of the City of Opelika shall be attached to this ordinance, marked Exhibit “B” and made a part hereof.
Section 4. The Clerk of the City of Opelika is hereby authorized and directed to file with the Probate Judge of Lee County, Alabama, a certified copy of this ordinance, together with a certified copy of the petition of the property owner and the Clerk is further directed to take all necessary and proper steps to perfect the annexation of said territory herein described.
Section 5. This ordinance shall be published as provided by law in a newspaper of general circulation in the City of Opelika, Alabama.
Section 6. The territory described in this ordinance shall become a part of the corporate limits of the City of Opelika upon publication of this ordinance as set forth in Section 5 above.
ADOPTED AND APPROVED this the 20th 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 on this the 21st day of August, 2024.
/s/ Russell A. Jones, MMC CITY CLERK
ACTION BY MAYOR
APPROVED this the 21st day of August, 2024.
/s/ Gary Fuller MAYOR
ATTEST: /s/ Russell A. Jones, MMC CITY CLERK
Legal Run 08/29/2024
ORDINANCE NO. 020-24
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 parcel of land hereinafter in this section described, so as to change such parcel from one class of district to another class of district as follows, to-wit:
From a R-5M District (High Density Residential District) to a C-2 District (Office/Retail District), the parcel of land hereinafter described:
Commence at the Northeast corner of the Southeast quarter of the Southwest quarter of Section 12, Township 19 North, Range 26 East in Lee County, Alabama; run thence West for 59.6 feet; run thence South for 506.8 feet to a point on the Southeasterly margin of Pleasant Drive; run thence South 24 degrees 37 minutes West, along the Southeasterly margin of Pleasant Drive for 130 feet to the point of beginning of the lot to be herein described and conveyed; from said point of beginning run thence South 73 degrees 42 minutes East for 185.6 feet; run thence South l 2 degrees 53 minutes East for 113 feet; thence run North 73 degrees 42 minutes West for 255 feet to the Southeasterly margin of Pleasant Drive; run thence North 24 degrees 37 minutes East along the Southeasterly margin of Pleasant Drive; run thence North 24 degrees 37 minutes East, along the South Easterly margin of Pleasant Drive for 100 feet to the point of beginning.
The above-described property contains 22,450 square feet, more or less, and is located at 711 Pleasant Drive, Opelika, Alabama.
Section 2. Any ordinance or part thereof in conflict with 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 20th 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 on this the 21st day of August, 2024.
/s/ Russell A. Jones,MMC CITY CLERK
ACTION BY MAYOR
APPROVED this the 21st day of August, 2024.
/s Gary Fuller MAYOR
ATTEST:
/s/ Russell A. Jones, MMC
CITY CLERK
Legal Run 08/29/2024
ORDINANCE NO. 019-24
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 District (Office/Retail District) to a C-1 District (Downtown Commercial District), the parcels of land hereinafter described:
PARCEL I
From the intersection of the Northeasterly margin of First Avenue with the Southwesterly margin of North Seventh Street in the City of Opelika, Lee County, Alabama, run thence Northwesterly along the Southwesterly margin of North Seventh Street for 33 feet, more or less, to the center of the common wall between the building on the above described corner and the building on the within described property, the point so reached being the point of beginning of the property herein to be described and conveyed. FROM SAID POIN’I OF BEGINNING continue Northwesterly along the Southwesterly margin of said North Seventh Street for 67 feet, more or less, to the Northerly corner of Lot 2 D, Block 17 of the Grant Lands as shown on Totten’s Official Real Estate Map of the City o1 Opelika, Ala, 1930, recorded in the Lee County Probate Office in Town Plat Book 2 at Page 9 thence leaving said street, run Southwesterly parallel with First Avenue, 100 feet to the Westerly comer of said Lot 2 D; thence Southeasterly parallel with North Seventh Street, 67 feet, more or less; thence Northeasterly parallel with First Avenue, 100 feet, to North Seventh Street, and the point of beginning, a portion of the last said call running along the above described common wall.
PARCEL II
The Southeasterly 40 feet of Lot 2 E, Block 17, of the Grant Lands as shown on Totten’s Official Real Estate Map of the City of Opelika, Ala., 1930 the same being recorded in the Lee County Probate Office in Town Plat Book 2, at Page 9, and being more particularly described as follows: from the point of intersection of the Northwesterly margin of First Avenue with the Southwesterly margin of North Seventh Street in the City of Opelika, run thence Northwesterly along the Southwesterly margin of North Seventh Street 100 feet to the point of beginning of the property here in to be described and conveyed. FROM SAID POINT OF BEGINNING continue Northwesterly along said margin of said street, 40 feet, thence Southwesterly and parallel with First Avenue, 175 feet to the rear of lot of said Lot 2 E; thence Southeasterly parallel with North Seventh Street, 40 feet, to the Southerly corner of said Lot 2 E; thence Northeasterly 175 feet to the point of beginning.
PARCEL III
Commence at that certain point in the City of Opelika, Alabama where the Southwesterly margin of North 7th Street intersects the Northwesterly margin of First Avenue; thence run in a Southwesterly direction, along the Northwesterly margin of First Avenue, a distance of 100.0 feet to the point of beginning of the lot or parcel of land herein to be described and conveyed; from said point of beginning, thence run in a Southwesterly direction, along the Northwesterly margin of First Avenue, a distance of 45.0 feet; thence run in a Northwesterly direction, parallel with North 7th Street, for 100.0 feet; thence run in a Northeasterly direction, parallel with First Avenue, for 45.0 feet; thence run in a Southeasterly direction, parallel with North 7th Street, for 100.0 feet to the said point of beginning on the Northwest margin of First Avenue.
The above-described parcels are located at 704 1st Avenue, 104 North 7th Street and a vacant lot on North 7th Street, Opelika, Alabama.
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 20th 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 on this the 21st day of August, 2024.
/s/ Russell A. Jones, MMC CITY CLERK
ACTION BY MAYOR
APPROVED this the 21st day of August, 2024.
/s/ Gary Fuller MAYOR
ATTEST:
/s/ Russell A. Jones, MMC
CITY CLERK
Legal Run 08/29/2024
ORDINANCE NO. 018-24
AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES, RELATING TO ENCAMPMENTS IN PUBLIC PLACES; DECLARING CERTAIN CONDUCT TO BE UNLAWFUL AND PROVIDING PENALTIES
THEREFOR; AND PROVIDING FOR SEVERABILITY
WHEREAS, pursuant to Article 3 of Chapter 43, Code of Alabama 1975, the City of Opelika (the “City”) has the power to (1) adopt police regulations for the safety, health and welfare of the community; (2) manage and control its public property; and (3) regulate its streets and alleys; and
WHEREAS, a core function of local government is to help ensure its public property is used in a manner that is consistent with the property’s purpose and minimizes hazards to public health and safety; and
WHEREAS, the City has partnered with Valley Rescue Mission, a non-profit organization, to provide housing and social services to homeless persons, which efforts have reduced Opelika’s homeless population; and
WHEREAS, notwithstanding the efforts of the City and its partner, from time-to-time certain homeless persons erect tents or other temporary structures in the City’s public places for use as living quarters, which structures are inconsistent with the property’s purpose; and
WHEREAS, on occasion such structures have been used to shield criminal acts from public view, threatening the safety of the general public and, especially, of persons in or near the structures; and
WHEREAS, on occasion homeless persons have used heating or cooking devices in public places, which devices present a fire hazard threatening the safety of the general public and, especially, of persons near the devices; and
WHEREAS, some homeless persons have maintained in public places substantial amounts of personal property that the City, at significant public expense, must move to another location to clean the public place and reduce health hazards for the general public and, especially, for persons using the places; and
WHEREAS, the City is obligated to preserve, protect, and maintain public property for its intended purposes and to help ensure its public places are not used in a manner creating health or safety hazards for persons using the property or for the general public; and
WHEREAS, in the recent case of Grants Pass v. Johnson, the U.S. Supreme Court ruled that ordinances regulating camping on public property do not constitute “cruel and unusual punishment” prohibited by the Eighth Amendment of the United States Constitution.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Opelika, as follows:
Section 1. Findings incorporated. That the findings contained in the preamble of this Ordinance are determined to be true and correct and are hereby adopted as part of this Ordinance.
Section 2. Amendment to Chapter 26 of City Code. That Chapter 26 of the Code of Ordinances of the City of Opelika is hereby amended by adding a new Article XII that reads as follows:
“ARTICLE Xll. ENCAMPMENTS
Sec. 26-350. Definitions.
As used in this article, the following words and terms shall have the meanings ascribed in this section, unless the context of their usage clearly indicates another meaning:
Durable medical equipment means equipment customarily used for medical purposes, able to withstand repeated use, and generally not useful to a person in the absence of illness or injury. Non-exclusive examples of such equipment include wheelchairs, canes, crutches and portable oxygen tanks.
Encampment means any one or more of the following:
(a) To pitch, erect or occupy tents, huts or temporary or permanent structures that evidence an intent to function as temporary or permanent place of residence; or
(b) The unauthorized use of fabric, metal, cardboard, or other materials as a tent or other temporary structure for living accommodation purposes or human habitation; or
(c) The unauthorized use of a heating device; or
(d) The unauthorized accumulation of personal property (other than durable medical equipment) that would not fit in a container three feet high, three feet wide, and three feet deep.
Heating device means a camp stove, grill, heater, or other container or device capable of generating or containing an open flame.
Police officer means an officer of the city’s Police Department.
Public place means an outdoor area owned, managed, or controlled by the city to which the public has access, including public rights-of-way, parks, streets, sidewalks, hike and bike trails, underpasses, and parking lots.
Sec. 26-351. Encampment in a public place prohibited; penalty.
(a) Encampment in a public place in the city is unlawful.
(b) It shall be unlawful for any person to move an encampment from one public place in the City to another public place in the City within sixty (60) days after receiving a written warning, as required by Section 26-353(a). The re-establishment of an illegal campsite in a public place in the City within said sixty (60) day period shall constitute a continued violation of this Section and shall negate the requirement of another written warning as specified in Section 26-353(a).
(c) Any person who violates this section shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided in section 1-8 of this Code.
Sec. 26-352. Exceptions.
The provisions of Section 26-351 shall not apply to any persons participating in organized and supervised recreational activities in public parks within the City if approved by the City’s Director of Parks and Recreation nor to camping in public areas legally established and clearly designated for camping purposes.
Sec. 26-353. Procedure for enforcement.
(a) A police officer may issue a warrant for a violation of this article if prior to issuing the warrant:
(1) The officer has tendered a written warning to the person stating that a failure to comply with the city’s prohibition against encampment may result in the issuance of a criminal warrant to the person or in the person’s arrest; and
(2) The officer has provided a reasonable time of at least forty-eight (48) hours for the person to comply with the prohibition, but the person has not complied.
(b) The written warning required by subsection (a)(1) of this section may be accompanied by written information regarding the availability of medical treatment (including mental health treatment) or social services (including temporary shelter or drug or alcohol rehabilitation).
(c) A police officer may arrest a person for a violation of this article if prior to the arrest. The officer has tendered the written warning required by subsection (a) of this section and has provided a reasonable time of at least forty-eight (48) hours for the person to comply with the prohibition, but the person has not complied.
Sec. 26-354. Unlawful use of fires.
(a) It shall be unlawful for any person to build a fire or maintain open flames for any purpose on public property except in designated areas in parks when parks are open.
(b) Any person who violates this section shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided in Section 1-8 of this Code.
Sec. 26-355. Cumulative effect; conflict with other ordinances.
This article is cumulative of other applicable laws and ordinances. If this article conflicts with another provision of this Code, the more restrictive provision shall govern.
Section 3. Severability. That, if any provision, section, subsection, sentence, clause, or phrase of this Ordinance, or the application of same to any person or set of circumstances, is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining portions of this Ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this Ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any other portion hereof, and all provisions of this Ordinance are declared to be severable for that purpose.
Section 4. Effective Date. That this Ordinance shall become effective upon its adoption, approval and publication as required by law.
Section 5. Publication. That this Ordinance shall be published in a newspaper of general circulation in the City of Opelika, Lee County, Alabama.
ADOPTED AND APPROVED this the 20th 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 on this the 21st day of August, 2024.
/s/ Russell A. Jones, MMC CITY CLERK
ACTION BY MAYOR
APPROVED this the 21st day of August, 2024.
/s/ Gary Fuller MAYOR
ATTEST:
/s/ Russell A. Jones, MMC
CITY CLERK
Legal Run 08/29/2024
ORDINANCE NO. 017-24
AN ORDINANCE EXEMPTING PROCEEDS FROM THE SALE OF HEARING INSTRUMENTS FROM THE CITY OF OPELIKA’S SALES AND USE TAX AND AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES
WHEREAS, effective October 1, 2024, and ending September 30, 2029, the State of Alabama has enacted a tax exemption excluding all gross proceeds from the sale or sales of hearing instruments, including hearing aids, from the State of Alabama sales and use taxes; and
WHEREAS, the City Council of the City of Opelika, Alabama seeks to further exempt all gross proceeds from the sale or sales of hearing instruments from municipal sales and use taxes.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Opelika, Alabama, as follows:
Section 1. In conformity with Alabama Code Section 40-23-4(a)(55), the City hereby exempts the gross proceeds from the sale or sales of hearing instruments, as defined in Alabama Code Section 34-14-1, including hearing aids, from the City of Opelika, Alabama’s sales and use tax effective October 1, 2024 and ending September 30, 2029.
Section 2. That Chapter 14 of the Code of Ordinances of the City of Opelika is hereby amended by adding a section to be numbered Section 14-52, which said section shall read as follows:
Sec. 14-52 Exceptions.
The taxes levied by Sections 14-51 and 14-66 shall be subject to the following exceptions and exemptions:
(a) Annual State Sales Tax Holiday. In conformity with the provisions of Chapter 23, Article 7 of the Code of Alabama, providing for a State Sales Tax Holiday, the City of Opelika, Alabama, exempts “covered items” from municipal sales and use tax each year during the period authorized in §40-23-213, which begins at 12:01 a.m. on the third Friday in July and ends at 12:00 p.m. midnight the following Sunday. The exemption shall be subject to all terms and conditions, definitions, time periods and rules as provided by Chapter 23, Article 7 of the Code of Alabama and any subsequent amendments.
(b) Annual Severe Weather Preparedness Tax Holiday. In conformity with the provisions of Code of Ala. 1975, Title 40, Article 8, providing for a State Severe Weather Preparedness Tax Holiday, the City of Opelika exempts “covered items” from municipal sales and use tax each year during the period authorized in Code of Ala.1975, §40-23-233, beginning at 12:01 a.m. on Friday and ending at 12:00 midnight the following Sunday during the last full weekend of February. This exemption shall be subject to all terms, conditions, definitions and time periods as provided by Code of Ala. 1975, Title 40, Chapter 23, Article 8, and any subsequent amendments.
(c) Hearing Instruments. In conformity with the provisions of Section 40-23(a)(55) of the Code of Alabama, the City of Opelika hereby exempts the gross proceeds from the sale or sales of hearing instruments, as defined in Alabama Code Section 34-14-1, including hearing aids, from municipal sales and use taxes.
Section 3. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance under the seal of the City of Opelika, Alabama, and to forward said certified copy to the Alabama Department of Revenue.
Section 4. If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance.
ADOPTED AND APPROVED this the 20th 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 on this the 21st day of August, 2024.
/s/ Russell A. Jones, MMC CITY CLERK
ACTION BY MAYOR
APPROVED this the 21st day of August, 2024.
/s/ Gary Fuller MAYOR
ATTEST:
/s/ Russell A. Jones, MMC CITY CLERK
Legal Run 08/29/2024
