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 the Improvements of S. 10th Street and Avenue C Infrastructure Improvement Project at S. 10th Street and Avenue C, Opelika AL at for the State of Alabama and the county of Lee, city of 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
The City of Opelika Alabama at 204 S. 7th Street Opelika AL 36801.
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 10/24/24, 10/31/24, 11/7/24 & 11/14/24
IN THE PROBATE
COURT FOR LEE COUNTY, ALABAMA
IN RE: THE ESTATE OF BRUCE ROBERTS, DECEASED
CASE NO. 2023-423
NOTICE TO CREDITOR
TAKE NOTICE that Letters of Administration have been granted to Jacqueline R. Fryer as Administratrix for the Estate of Bruce Roberts, deceased on Oct. 28, 2024, by the Honorable Bill English, Judge of the 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 28th day of October, 2024.
BILL ENGLISH, Probate Judge
Lee County, Alabama
Legal Notice 10/31/24, 11/7/24 & 11/14/24
NOTICE TO CREDITORS
ESTATE OF CAROL LOUISE DEANGELO, DECEASED
PROBATE COURT, LEE COUNTY
CASE NO. 2024-569
NOTICE TO CREDITORS
Take Notice that LETTERS TESTAMENTARY of the Estate of CAROL LOUISE DEANGELO, are hereby granted to John DeAngelo. on the 7th day of October, 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 14th allowed by law or the same will be barred.
John DeAngelo
Legal Run 10/31/24, 11/7/24 & 11/14/24
MORTGAGE FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Alisha S. Buckhanon to United States of America acting through the Rural Housing Service or Successor agency, United States Department of Agriculture, dated May 29, 2019 said mortgage recorded in the Office of the Judge of Probate of Lee County, Alabama, in Book 4475, Page 650 . Said mortgage was subsequently sold, assigned and transferred to Secretary, United States Department of Agriculture, Rural Development. Under and by virtue of the power of sale contained in said mortgage, the undersigned, Secretary, United States Department of Agriculture, Rural Development, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse in Lee County, Alabama on December 6, 2024, during the legal hours of sale, all of its right, title, and interest in and to the following describe real estate situated in Lee County, Alabama, to-wit:
LOT TWENTY-NINE (29), WESTRIDGE, A SUBDIVISION LYING IN SECTION 11, TOWNSHIP 17 NORTH, RANGE 29 EAST, LEE COUNTY, ALABAMA, AS SHOWN ON A PLAT THEREOF RECORDED IN THE OFFICE OF THE JUDGE OF PROBATE OF LEE COUNTY, ALABAMA, IN PLAT BOOK 22, AT PAGES 166, WHICH PLAT IS INCORPORATED HEREIN BY REFERENCE FOR A MORE PARTICULAR DESCRIPTION.
Property Street Address for Informational Purposes: 144 Lee Road 2083 Phenix City, AL 36870
Said property will be sold “AS IS”. NO REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, IS MADE AS TO THE TITLE OF SAID PROPERTY. Said property is subject to any title deficiencies including but not limited to: any outstanding ad valorem taxes – including taxes which are a lien but not yet due and payable, federal tax liens any matters which might be disclosed by an accurate survey and inspection of the property, any assessments liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Mortgage first set out above. Said property will be sold subject to the right of redemption of all parties entitled thereto. The highest bidder must tender the total amount of the winning bid in certified funds at the time and place of sale. 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 the rights and programs as a part of the foreclosure process.
This sale will be made for the purpose of paying the same and all expenses of this sale, as provided in said Mortgage and by Alabama law. This sale is subject to postponement or cancellation.
This is an attempt to collect a debt and any information obtained may be used for that purpose.
Secretary, United States Department of Agriculture, Rural Development, Mortgagee or Transferee
Jonathan Smothers, Esq
ALAW
420 North 20th Street, Suite 2249
Birmingham, AL 35203
Attorney for Mortgagee/Transferee
24-032134
Legal Run 10/31/24, 11/7/24 & 11/14/24
IN THE MATTER OF THE ESTATE OF MARTHA CHRISTINE SANCHEZ,
DECEASED.
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
Case No: 2024-896
Letters of Administration of said deceased having been granted to the undersigned on the 22nd day of October, 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.
JUAN CARLOS SANCHEZ
Administrator
Robert H. Pettey
Samford & Denson, LLP
P.O. Box 2345
Opelika, AL 36803-2345
(334) 745-3504
Legal Run 10/31/24, 11/7/24 & 11/14/24
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN RE: THE ESTATE OF WAYNE STEVEN O’SHIELDS
NOTICE TO CREDITORS
TAKE NOTICE that Letters of Administration having been granted to ELIZABETH WATERS, as Administratrix of the Estate of WAYNE STEVEN O’SHIELDS deceased, on the 25th day of September, 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.
BILL ENGLISH , JUDGE OF PROBATE
Legal Run 10/31/24, 11/7/24 & 11/14/24
NOTICE OF PUBLIC HEARING
OPELIKA CITY COUNCIL
DECEMBER 3, 2024, 6:00 P.M.
NOTICE IS HEREBY GIVEN in accordance with §23-4-2, Code of Alabama, 1975, that the City Council of the City of Opelika will conduct a Public Hearing during the regularly scheduled City Council meeting on Tuesday, December 3, 2024, beginning at 6:00 p.m. in the Courtroom of the Opelika Municipal Court Building, 300 Martin Luther King Boulevard, Opelika, Lee County, Alabama, to receive the benefit of public input concerning a proposal to vacate a portion of the right-of-way of South 6th Street between Avenues A and B. All persons interested in the proposed vacation are invited to appear at the public hearing and express their views. Written statements or objections may be submitted to the City Clerk prior to the time of the hearing.
The portion of South 6th Street proposed to be vacated is more particularly described as follows:
Beginning at the northwest corner of Lot 4B, Block C, Byrd Lands, as shown on Totten’s Official Real Estate Map of Opelika, said point being on the southeasterly right of way line of Avenue A; thence S47°15’20”W, along said right of way line, 100.0 feet to the True Point of Beginning of the Parcel of Land herein described; thence, along the present right of way line of Sixth Street, S42°44’40”E, 200.00 feet; thence, continuing along said right of way line, S47°15’20”W, 21.48 feet; thence, continuing along said right of way line, S42°44’40”E, 199.12 feet to the northwesterly right of way line of Avenue B; thence S47°15’20”W, along said right of way line, 13.47 feet to the new right of way line of Sixth Street; thence, along said new right of way line, N42°44’40”W, 372.12 feet; thence N47°15’20”E, 27.00 feet; thence N42°44’40”W, 27.00 feet to the southeasterly right of way line of Avenue A; thence N47°15’20”E, along said right of way line, 7.95 feet to the True Point of Beginning.
Said parcel of land being 8942 Square Feet or 0.2053 Acre in Section 7, Township 19 North, Range 27 East in Opelika, Lee County, Alabama, and formerly being portions of Lots 1 A & B and Lot 4 A, Block C, Byrd Lands, as shown on Totten’s Official Real Estate Map of Opelika as recorded in Plat Book 2, Page 9, in the office of the Judge of Probate of Lee County, Alabama.
Being further described according to and as shown on that certain survey or drawing prepared by Mark L. Miller, Registered Surveyor, attached hereto and marked Exhibit “A”.
A copy of the Petition to Vacate and the proposed resolution approving the vacation will be available upon request at the office of the City Clerk, 2nd Floor of City Hall, 204 South 7th Street, Opelika, Alabama.
Please contact Brian Weiss, the City’s ADA Contact Person, at 334-705-5134 at least two (2) working days prior to the meeting if you require special accommodations due to a disability.
DATED this the 31st day of October, 2024.
/s/ Russell A. Jones, MMC CITY CLERK
Legal Run 10/31/24, 11/7/24, 11/14/24 & 11/21/24
NOTICE TO CREDITORS
ESTATE OF DEBRA H MCCLAIN, DECEASED
PROBATE COURT, LEE COUNTY
CASE NO. 2024-586
NOTICE TO CREDITORS
Take Notice that LETTERS TESTAMENTARY of the Estate of DEBRAH. MCCLAIN, are hereby granted to James G. McClain, Jr. on the 15th day of October, 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 14th allowed by law or the same will be barred.
James G. McClain Jr
Legal Run 11/7/2024, 11/14/2024 & 11/21/2024
STATE OF ALABAMA
LEE COUNTY PROBATE COURT
CASE NO. 2024-574
ESTATE OF JOHN FRANK WIGGINS, DECEASED
NOTICE OF APPOINTMENT OF PERSONAL REPRESENTATIVE
Letters Testamentary of said John Frank Wiggins, deceased, having been granted to Pamela Wyche Hutchins this 31st day of October 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.
Pamela Wyche Hutchins, Personal Representative
Jeffery A. Hilyer
Attorney at Law
334-745-2564
P.O. Box 30
Opelika, Alabama 36803-0030.
Legal Run 11/7/24, 11/14/24, 11/21/24
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 the Construction of the Opelika New Aquatics Facility at 1001 Sportsplex Parkway, Opelika AL at for the State of Alabama and the county of Lee, city of 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
Robins & Morton 400 Shades Creek Parkway Birmingham AL 35209
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 11/7/24, 11/14/24, 11/21/24 & 11/27/24
IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA
IN RE: THE ESTATE OF HILDA PENNINGTON, DECEASED
CASE NO. 2024-558
NOTICE TO CREDITORS
TAKE NOTICE that Letters Testamentary have been granted to Anne Bradford as Executrix for the Estate of Hilda Pennington, deceased on October 29, 2024, by the Honorable Bill English, Judge of the 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 October 2024.
Bill English, Probate Judge, Lee County, Alabama
Legal Run 11/7/24, 11/14/24 & 11/21/24
ORDINANCE NO. 030-24
AN ORDINANCE AMENDING ARTICLE X OF CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY OF OPELIKA BY ADDING A NEW SECTION AUTHORIZING THE POLICE CHIEF TO DESIGNATE THE MAXIMUM NUMBER OF WRECKER SERVICES INCLUDED IN THE WRECKER ROTATION LOG AND AMENDING SECTION 26-311 RELATING TO RATES AND CHARGES
FOR WRECKER SERVICES PAID TO COMPANIES ON CITY ROTATION
WHEREAS, pursuant to Ordinance No. 126-15, the City of Opelika (the “City’), adopted procedures for wrecker services participation on the City’s rotation log; and
WHEREAS, said procedures are codified as Article X of Chapter 26 of the Code of Ordinances of the City of Opelika; and
WHEREAS, the City Council desires to add a new section 26-301.1 authorizing the Police Chief to designate the maximum number of wrecker services included on the wrecker rotation log; and
WHEREAS, Section 26-311 of the Code of Ordinances establishes maximum fees and charges for wrecker services by any wrecker service operated on the rotation log; and
WHEREAS, the City Council desires to adjust the rates paid to wrecker companies for services performed in response to a wrecker rotation log dispatch.
NOW, THEREFORE, BE IT ORDAINED by the City Council (the “Council”) of the City of Opelika, Alabama (the “City”) as follows:
Section 1. Add Section 26-301.1. That Article X of Chapter 26 of the Code of Ordinances of the City of Opelika is amended by adding a section to be numbered 26-301.1, which said section shall read as follows:
Sec. 26-301.1 – Rotation System.
The Police Chief shall designate the maximum number of wrecker services included in the Opelika Police Department wrecker rotation system (regular haul log and large haul log). The Police Chief shall establish the number of operators based on maintaining adequate and timely service as well as minimizing the department’s management of the rotation system. The number may be revised if the Police Chief finds that the public is not being adequately served as a result of an insufficient number of qualified wrecker operators. Participation on the wrecker log shall not constitute a property right but rather a mere license. The Police Chief, or his designee, will decide whether the wrecker operator is approved or denied inclusion on the wrecker rotation log.
Section 2. Amendment to Section 26-311. That Section 26-311 of the Code of Ordinances of the City of Opelika, Alabama, is hereby amended to read as follows:
Sec. 26-311. – Rates and charges.
The maximum fees for wrecker services provided by any wrecker service operator on the rotation log in regard to services provided as a result of a dispatch shall not exceed the following amounts per wrecker, which include operator, unless otherwise indicated (see note):
(1) Vehicles less than ten thousand (10,000) lbs.
Normal breakdown service: two-axle vehicle (ten thousand (10,000) lbs. or less) …$150.00
Note: Normal breakdown service includes pickup and towing vehicle to any destination not to exceed ten (10) miles from scene of the call and disconnect. Every additional mile…. $7.00
–Traffic Crash and/or Impound: Two-axle vehicle (ten thousand (10,000) lbs., or less) …$225.00
The wrecker company may assess the following additional charges for services at an accident scene, if necessary:
Additional debris cleanup: $35.00
Oil Dry per bag: $30.00
Winching to roadway: $100.00
Righting vehicle: $150.00
Dollies: $50.00
Window wrap per window: $35.00
Additional wait time at scene per hour: $175.00
(2) Vehicles more than ten thousand (10,000) lbs., less than twenty-six thousand (26,000) lbs.
Normal breakdown service: Two-axle vehicle more than ten thousand (10,000) lbs., less than twenty-six thousand (26,000) lbs. ……$250.00
Note: Normal breakdown service includes pickup, removing of drive shaft (if required), and towing vehicle to destination not to exceed ten (10) miles from the scene of the call to disconnect.
Traffic Crash and/or impound: Vehicle more than ten thousand (10,000) lbs., less than twenty-six thousand (26,000) lbs. …. $285.00
The wrecker company may assess the following additional charges for services at an accident scene, if necessary:
Additional debris cleanup: $45.00
Oil dry per bag: $30.00
Winching: $100.00 per hour
Righting vehicle: $ 150.00 per hour
(3) Vehicles over twenty-six thousand (26,000) lbs.
Breakdown $295.00 per hour (two-hour min) afterhours $325.00 per hour (two-hour min)
Breakdown Diesel pusher RV $400.00 per hour (four-hour min) afterhours $450.00 per hour (four-hour min)
Storage: $50.00 per day for truck
$75.00 per day trailer
Accident/rollover rates:
1 truck/1 operator: $750.00 per hour extra man at $125.00 per hour
Rotator/1 operator: $1,250.00 per hour
(4) Special operations / extra equipment as needed:
Trailer dolly: $1,500.00
Van trailer: $125.00 per hour ($240.00 per day to store cargo)
Landoll trailer: $175.00 per hour
Skid Steer: $150.00 per hour + $175.00 per hour for rollback to transport
Tractor to transport trailers: $125.00 per hour
Any rental services shall be at commercial rental rates plus twenty-five percent per hour (not including operator)
(5) Surcharge for holidays, inclement weather and hazardous conditions.
On City designated holidays and during inclement weather and hazardous conditions, a wrecker service operator may add a 50% surcharge for a normal breakdown service, a traffic crash and/or impound call. For example, if an operator is dispatched on a City-designated holiday to a normal breakdown service call (two-axle vehicle), the maximum rate shall be $225.00 rather than the standard rate of $150.00. For purposes of this subsection, inclement weather shall mean severe weather conditions that are unsafe for travel or work. Examples of inclement weather include snow, sleet, high winds, heavy rain and tornadoes. Hazardous conditions are weather-related phenomena that can be dangerous. Examples of hazardous conditions include thunderstorms, flash flooding, freezing rain, winter storms, lightening and hail.
(6) Vehicle storage rates:
First twenty-four (24) hours…. No charge
Second twenty-four (24) hours…. $40.00
Each day thereafter…. $40.00
Crashed electric vehicles…. $80.00
After hours vehicle release…. $75.00
The rates and charges as established herein do not relate to or regulate consensual wrecker services in which the vehicle’s owner or operator expressly requests towing or wrecker service from a specific wrecker operator and chooses not to utilize the rotation list.
Section 3. Severability. If any section, clause, sentence or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then such holding shall in no way affect the validity of the remaining portion of this Ordinance.
Section 4. Repealer. All ordinances or parts thereof which are in conflict with the provisions of this Ordinance are hereby repealed in their entirety to the extent of such conflict.
Section 5. Effective Date. This Ordinance shall become effective upon publication as required by law.
Section 6. Publication. The City Clerk of the City of Opelika, Alabama is hereby authorized and directed to cause this Ordinance to be published one (1) time in a newspaper of general circulation published in the City of Opelika, Lee County, Alabama.
ADOPTED AND APPROVED this the 5th day of November, 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 6th day of November, 2024.
/s/ Russell A. Jones, MMC CITY CLERK
ACTION BY MAYOR
APPROVED this the 6th day of November, 2024.
/s/ Gary Fuller, MAYOR
ATTEST:
/s/ Russell A. Jones, MMC CITY CLERK
Legal Run 11/14/2024
ORDINANCE NO. 029-24
AN ORDINANCE TO AMEND CHAPTER 26 OF THE CODE OF ORDINANCES FOR THE CITY OF OPELIKA, ALABAMA TO AMEND SECTION 26-252 RELATING TO THE BOUNDARIES OF THE DOWNTOWN ENTERTAINMENT DISTRICT
BE IT ORDAINED by the City Council (the “Council”) of the City of Opelika, Alabama (the “City”) as follows:
Section 1. Amendment. That Section 26-252 of the Code of Ordinances of the City of Opelika is hereby amended to read as follows:
Sec. 26-252. District Designation.
(a) Under the authority granted in Act No. 2012-438, the Council hereby creates a Downtown Entertainment District, the boundaries of which are described as follows:
Begin at the centerline intersection of First Avenue and North Sixth Street, thence run southwesterly along the centerline of First Avenue for one (1) block to the intersection of First Avenue and North Seventh Street; thence run northwesterly along the centerline of North Seventh Street for approximately one-half (1/2) block to the mid-block point between First Avenue and Second Avenue; thence run southwesterly for one (1) block to North Eighth Street at the mid-block point between First Avenue and Second Avenue; thence run southeasterly along the centerline of North Eighth Street for approximately one-half (1/2) block to the intersection of First Avenue and North Eighth Street; thence run southwesterly along the centerline of First Avenue for two (2) blocks to the intersection of First Avenue and North Tenth Street; thence run southeasterly along the centerline of North Tenth Street for approximately 350 feet to the intersection of Tenth Street and the CSX Railroad tracks; thence run southwesterly along the CSX Railroad tracks for approximately 600 feet to the intersection of the CSX Railroad tracks and the Norfolk Southern Railroad tracks; thence run southeasterly along the Norfolk Southern Railroad tracks for approximately 1,900 feet to a point that is the intersection of Norfolk Southern Railroad and the southwesterly extension of an unnamed public alley between Avenue C and M. L. King Boulevard; thence run northeasterly along the centerline of the extended, unnamed public alley for approximately 700 feet to the intersection of the unnamed public alley and South Tenth Street; thence run northwesterly along the centerline of South Tenth Street for approximately 250 feet to the intersection of Avenue C and South Tenth Street; thence run northwesterly along the centerline of South Tenth Street for one (1) block to the intersection of Avenue B and South Tenth Street; thence run northeasterly along the centerline of Avenue B for two (2) blocks to the intersection of Avenue B and South Eighth Street; thence run northwesterly along the centerline of South Eighth Street for approximately 150 feet; thence run northeasterly along an existing property boundary for approximately 300 feet; thence run southeasterly along an existing property boundary for approximately 150 feet to the centerline of Avenue B; thence run northeasterly along the centerline of Avenue B for approximately 150 feet to the intersection of Avenue B and South Seventh Street; thence run northeasterly along the centerline of Avenue B for one (1) block to the intersection of Avenue B and South Sixth Street; thence run northwesterly along the centerline of South Sixth Street for one (1) block to the intersection of Avenue A and South Sixth Street; thence run southeasterly along the centerline of Avenue A for one and one-half (1-1/2) blocks to the mid-block point between South Seventh Street and South Eighth Street; thence run northwesterly for one (1) block to South Railroad Avenue at the mid-block point between South Seventh Street and South Eighth Street; thence run northeasterly along the centerline of South Railroad Avenue for one and one-half (1-1/2) blocks to the intersection of South Railroad Avenue and South Sixth Street; thence run northwesterly along the centerline of Sixth Street for two (2) blocks to the intersection of First Avenue and North Sixth Street and the point of beginning.
All the land described above contains 79 acres, more or less, and is located in Sections 7 and 18, Township 19 North, Range 27 East, Lee County, Alabama.
The boundaries of the entertainment district are further described according to a map or drawing attached hereto marked Exhibit “A”.
(b) On the second Saturday of December of each year beginning December 14, 2024, the boundaries of the Downtown Entertainment District shall be temporarily expanded in connection with the Victorian Front Porch Tour event from 8:00 a.m. to 10:00 p.m. on said day to include the following property.
Commence at the point of intersection of the centerlines of First Avenue and North Seventh Street; thence northwesterly along the centerline of North Seventh Street, 230 feet, more or less, to the mid-block point between First Avenue and Second Avenue and the Point of Beginning; thence continue northwesterly along said centerline, 460 feet, more or less, to the mid-block point between Second Avenue and Third Avenue; thence southwesterly, leaving said centerline, and travelling through the center of the block, 460 feet, more or less to the centerline of North Eighth Street; thence southeasterly along the centerline of the said North Eighth Street, 460 feet, more or less, to the mid-block point between First Avenue and Second Avenue; thence northeasterly, leaving said centerline, and travelling through the center of the block, 460 feet, more or less, to the centerline of North Eighth Street and the Point of Beginning.
All the land described above contains 4.86 acres, more or less, and being in the west half of Section 7, Township 19 North, Range 27 East, in Opelika, Lee County, Alabama.
The boundaries of the area to be temporarily included in the Downtown Entertainment District on the second Saturday of each December are further described according to a map or drawing attached hereto as Exhibit “B”.
If the Victorian Front Porch Tour event is moved to an alternate date in any calendar year, the temporary expansion of the boundaries of the Downtown Entertainment District shall apply to said alternate date from 8:00 a.m. to 10:00 p.m. on said alternate date.
Nothing in this subsection (b) shall be interpreted or construed to affect the permanent boundaries of the Downtown Entertainment District as described in subsection (a) of this Section 26-252.
(c) Notwithstanding anything in this section to the contrary, at any time and from time-to-time, the Downtown Entertainment District established in this section may, by ordinance, be enlarged, reduced, modified or eliminated , permanently or temporarily, in whole or in part, and the regulations set forth in Section 26-253 are subject to amendment at any time and from time-to-time. No vested rights shall be acquired by or be conferred upon any person as a result of the establishment of the Downtown Entertainment District or permitting under this article.
Section 2. Periodic Review by Council. The Council may at any time conduct a review and examination of this Ordinance and Article VIII of Chapter 26. If, after such a review and examination of said Article, the Council determines that one (1) or more provisions of this Article should be amended, repealed, revised, clarified or deleted, then the Council may take whatever measures are necessary in accordance with applicable law in order to accomplish the same. The Council may, at any time, in the best interests of the City, repeal the entire Article.
Section 3. Severability. The provisions of this Ordinance are severable. If any section, subsection or provision of this Ordinance be for any reason declared void or invalid, such invalidity shall not affect any other section, subsection of provision of this Ordinance.
Section 4. Effective Date. This Ordinance shall become effective upon its passage and publication as required by law.
Section 5. Publication. The City Clerk of the City of Opelika, Alabama is hereby authorized and directed to publish this Ordinance one (1) time in a newspaper of general circulation published in the City of Opelika, Lee County, Alabama.
ADOPTED AND APPROVED this the 5th day of November, 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 6th day of November, 2024.
/s/ Russell A. Jones, MMC CITY CLERK
ACTION BY MAYOR
APPROVED this the 6th day of November, 2024.
/s/ Gary Fuller, MAYOR
ATTEST:
/s/ Russell A. Jones, MMC CITY CLERK
Legal Run 11/14/2024
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, November 19, 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. Plat (Preliminary Only) – Public Hearing
1.A public hearing on a request by Brandon Bolt, authorized representative for Edgar Hughston Builder, Inc., property owners, for preliminary approval of Sentinel Hills subdivision consisting of 18 lots accessed from Lee Road 177.
B. Preliminary and Final Plat – Public Hearing
- A public hearing on a request by Mike Maher, authorized representative for Holland Homes, LLC, property owners, for preliminary and final approval of Firefly Subdivision Redivision of Lots 1 and 3, Redivision of Lots 31-40 & 96 consisting of 7 lots accessed from Summers Street.
3.A public hearing on a request by Timothy J. Moore, property owner, for preliminary and final approval of Taylin Subdivision, consisting of 8 lots accessed from Hanson Street.
C. Conditional Use – Public Hearing
4.A public hearing on a request by Staley Fincher, property owner, for conditional use approval to for 68 townhome units in a C-3 zoning district accessed at the end of Yarbrough Drive.
5.A public hearing on a request by Foresite Group, LLC, authorized representative for Broad Metro, LLC, property owner, for conditional use approval for a 323-unit apartment in a C-2 zoning district at 3310 Society Hill Road.
D. Rezoning – Public Hearing
6a. An agenda item for a rezoning request includes an amendment to the Future Land Use Map for 12.6 acres accessed at the 900 block of Lake Condy Road from a medium density residential land use category to a mixed use land use category. If the Planning Commission votes to send a positive recommendation to the City Council to rezone the 12.6 acres and Council approves the rezoning, then the amendments to the Future Land Use map will be approved.
6b. A public hearing to consider a recommendation to the City Council on a request by Blake Rice, Barret-Simpson, Inc., authorized representative for Lania Harrison, Laura Hartley, Linda Nixon, and Louie Morris, property owners, to rezone 12.6 acres accessed from 900 block Lake Condy Road from R-3 to PUD.
E. Vacation of Right-of-Way - The following agenda item is included for review at the November 19th Planning Commission meeting as a recommendation to the City Council. A petition from Lee County Youth Development Center, Laura Cooper, director, requesting the City Council to vacate a portion of Spring Drive to construct a 10×10 guard house. The Planning Commission provides a recommendation to City Council.
- The following agenda item is included for review at the November 19th Planning Commission meeting as a recommendation to the City Council. A petition from Stene Benson authorized representative of Sun Self Storage, Inc., property owner, requesting the City Council to vacate Lynch, Haddox, and Brown Street as recorded in Operell Subdivision, and vacate King Street and a portion of Penland Street that fronts on Lots 5 through 16 as platted in Operell Subdivision recorded in Plat Book 3, page 21 as both plats are recorded in the offices of the Judge of Probate, Lee County. The Planning Commission provides a recommendation to City Council.
F. Annexation - An agenda item to consider an annexation recommendation to the City Council on a request by Timothy J. Moore, authorized representative for Moore’s Construction LLC, property owner, to annex 6 acres into the City limits at 448 Lee Road 174. A R-1 zoning district is requested.
G. Development Plan Review – Setback Wavier
10.A request by Blake Rice, authorized representative for Tidal Wave Auto Spa, developer of Lot 1-B, The Ballfields Plat No. 4, for a setback variance for a proposed development as provided in Section 7.6 of the Zoning Ordinance. A variance is allowed with Planning Commission approval if alternative access is provided and no access is taken from the Gateway Corridor. A 10 foot variance is requested from the minimum 20 foot side yard setback to allow 10 feet of additional building width and access to the development is from Ballfields Loop not Pepperell Parkway, a Gateway Corridor.
Old Business
H. Conditional Use – Public Hearing
11.A public hearing on a request by Josh Oneal, authorized representative for Barnes and Horton, LLC, property owner, for conditional use approval for a lounge and event center in a C-1, GC-S zoning district at 1001 1st Avenue. (This item was tabled at the October 22, 2024 PC meeting until a rezoning request for the property is approved.)
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 11/14/2024
SYNOPSIS OF ZONING NOTICE
The City Council of the City of Opelika will hold a public hearing on Tuesday, December 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 C-3, GC-S District (General Commercial, Gateway Corridor Secondary District) to a C-1, GC-S District (Downtown Commercial, Gateway Corridor Secondary District), the parcel of land hereinafter described:
A portion of Lot 2 of Block 2 of the Grant Lands as shown by Totten’s Official Real Estate map of Opelika, Alabama, 1930 as_ recorded in the Office of the Judge of Probate of Lee County, in Town Plat Book 2 at Page 9 and being more particularly described as follows:
FOR A POINT OF BEGINNING commence at the intersection of the southerly margin of North Tenth Street with the southerly margin of First Avenue in the City of Opelika, Alabama (said point of inter section being the northeasterly comer of said Lol 2 of Block 2); thence run South 42deg 24min West, along said southerly margin of said First Avenue, for 200.0 feet; thence run South 47deg 36min East for 5.0 feet to an iron pin and the point of beginning of the tract or parcel of land to be herein described:
FROM SAID POINT OF BEGINNING run South 47deg 36min East for 188.0 feet to an iron pin; thence run North 57deg 28min East for 27.0 feet to an iron pin; thence run North 42’deg 24”min East for 97.0 feet to an iron pin; thence run North 47deg-36min West for 195.0 feet to an iron and thence run South 42deg 24min West for 123.0 feet, more or less, to the aforesaid point of beginning; together with any and all improvements thereon and appurtenances thereunto appertaining.
SUBJECT, HOWEVER, to that certain Railroad Spur Track Easement along the southeasterly boundary line of the property herein described. And further subject to any and all restrictions, casements, covenants and rights-of-way recorded in the Office of the Judge of Probate of Lee County, Alabama, affecting said above-described real property.
The above-described parcel is located at 1001 1st Avenue, Opelika, Alabama.
Public Notice of this public hearing with insertion of the proposed ordinance was first published on November 7, 2024, in the Opelika Observer. This notice is given pursuant to Sections 11-52-78 and 11-52-85, Code of Alabama (1975).
At said public hearing, all who desire to be heard shall have the opportunity to speak for or in opposition to said 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 14th day of November, 2024.
/s/Russell A. Jones, MMC CITY CLERK OF THE CITY OF OPELIKA, ALABAMA
Legal Run 11/14/2024
ADVERTISEMENT FOR COMPLETION
LEGAL NOTICE
In accordance with Chapter 1, Title 39, Code of Alabama, 1975, as amended, notice is hereby given that River Region Sports Fields, Contractor, has completed the Contract for the Construction of the Opelika High School Baseball Field Conversion to Artificial Turf at 1700 Lafayette Parkway, Opelika AL 36801, at for the State of Alabama and the county of Lee, city of 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
Krebs Engineering, INC,
312 Catoma St, Ste 100 Montgomery AL 36104, Architect, Engineer
River Region Sports Fields (Contractor)
PO Box 1524
Millbrook AL 36054
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 11/14/24, 11/21/24 & 11/27/24
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, November 21, 2024 at 10:00AM
Unit A10
Unit A56
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 11/14/2024
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:
Extraspace Storage 2357 E Glenn Ave Auburn, Al 36830
11/21/2024 at 10:00am
Unit 3008
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 11/14/2024
IN THE MATTER OF THE ESTATE OF LARRY CHARLES DAWSON, DECEASED
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
Case no. 2024-631
Letters of Administration of said deceased having been granted to the undersigned on the 7th day of November, 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.
KITZI DAWSON, Administrator
Robert H. Pettey
Samford & Denson, LLP
P.O. Box 2345
Opelika, AL 36803-2345
(334) 745-3504
Legal Run 11/14/24, 11/21/24 & 11/27/24
