8/23 Legals

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1058

August 21, 2013

Dear Opelika Utilities Customer,

Federal regulations require that we test our drinking water for a long list of contaminants. They set limits on the amount of contaminants that can be contained in the water supply.

We recently exceeded the limit set for total trihalomethanes (TTHM). Test results received in July of 2013 indicate we exceeded the maximum contaminant level (MCL) for TTHM at our test site at 4900 US 431 North. The MCL for TTHM is .080 mg/l and the test results show an average of 0.088 mg/l.

This is not an immediate risk. If it had been, you would have been notified immediately. Studies have indicated that there is a possible link between consuming water with excess levels of TTHM over many years with increased risks of problems with liver, kidneys or central nervous system and possible increased risk of getting certain forms of cancer. If you have specific health concerns, please consult your physician.

Test results since July indicate that TTHM levels are below the MCL, however, since the MCL is based on an average you may receive additional letters similar to this one over the next several quarters due to the July results remaining in the average calculations.

Please be assured that your Opelika Utilities staff constantly strives to supply the highest quality water possible to our customers. We are continually improving your water system in an effort to control contaminants such as total trihalomethanes.

Please share this information with anyone who drinks our water who may not have received this letter directly.

If you have questions, please contact Jeff Bryant at 4055 Water Street, Opelika, AL 36801 or call 334-705-5500. You can visit our website at www. owwb.com. Click on Important News for updates, and please follow us on Twitter @OpelikaWater.

Sincerely,

Opelika Utilities

 

 

IN THE PROBATE COURT OF LEE COUNTY, ALABAMA

IN THE MATTER OF ADOPTION:

C.A.A. (DOB 4-13-2009)

NOTICE OF PETITION FILED AND SERVICE BY PUBLICATION

NOTICE TO: MARK MICHAEL ALLEN, alleged father of the minor child and any other UNKNOWN FATHER of C.A.A. born on the 13th day of April, 2009 in Valley, Chambers County, Alabama: Whose whereabouts are unknown; Must answer the petition for Adoption filed in the Probate Court of Lee County, Alabama within thirty (30) days from the last date of Publication of this Notice, or appear at the full hearing in this cause scheduled for Wednesday, the 23rd day of October, 2013 at 10:00 a.m., in the Probate Court of Lee County, Alabama, located at the Lee County Court House, South 9th Street, Opelika, Alabama or thereafter a final judgement may be rendered in the Adoption Petition Of Phillip J. Sands and Nellie J. Sands granting said Adoption.

Rebecca S. Frayer

Clerk of Court

Legal run on 8/23/13, 8/30/13, 9/6/13 &  9/13/13

 

Notice of Abandoned Vehicle Sale

Notice is hereby given to Owner, Secured Party of Lienholder on the following vehicles:

Chev S10 Year: 2002 VIN#: 1GCCS19W528253775

Ford LGT CONVT Year: 1997 VIN#: 1FTHX25G1VEB90790

Honda CBR1000RR Year: 2005 VIN#: JH2SC57065M102090

GMC Envoy Year: 2002 VIN#: 1GKDT13S522494069

Place of Sale, Best4Less; 2509 Lafayette Parkway, Opelika, AL 36801. Sale date: Monday, September 30, 2013. Sale time: 10:00 a.m.

Legal run on 8/23/13 & 8/30/13

 

Notice of Appointment to be published by Administrator or Executor

IN THE MATTER OF THE ESTATE OF PATRICIA A. TYE, DECEASED

IN THE PROBATE COURT OF LEE COUNTY, ALABAMA

Letters Testamentary of said deceased having been granted to the undersigned on the 13th day of August, 2013 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 the time allowed by law or the same will be barred.

James Keith Tye, Co-Executor

Kimberly Tye Sharpton, Co-Executor

Legal run on 8/23/13, 8/30/13 & 9/6/13

 

IN THE PROBATE COURT OF LEE COUNTY, ALABAMA

IN THE ESTATE OF: LARUTH ALMOND, deceased

Letters Testamentary of LARUTH ALMOND, Deceased was granted to AARON ALMOND on the 16 day of August, 2013, by the Hon. Bill English, Probate Judge of Lee County. Notice is herby given that all persons having claims against said estate that they are hereby required to present the same within time allowed by law or the same will be barred.

AARON ALMOND, EXECUTOR

Legal run on 8/23/13, 8/30/13 & 9/6/13

 

IN THE PROBATE COURT OF LEE COUNTY, ALABAMA

ESTATE OF MARY WHATLEY INGRAM, DECEASED

Letters Testamentary of said deceased  having been granted to the undersigned on the 26th day of July, 2013, by the Honorable Bill English, Judge of the Probate Court of Lee County, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.

Thomas O. Ingram, III, Executor

Legal run on 8/9/13, 8/16/13 & 8/23/13

 

NOTICE OF APPOINTMENT

COURT OF PROBATE

ESTATE OF ANNIE RUTH TRAMMELL, DECEASED

Letters of Administration of said deceased having been granted to the undersigned on the 25th day of July, 2013, by the Hon. 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.

Witness our hands, and dated this the 25th day of July, 2013

Reginald L. Trammell

Legal run on 8/9/13, 8/16/13 & 8/23/13

 

IN THE PROBATE COURT OF LEE COUNTY, ALABAMA

IN THE MATTER OF THE ESTATE OF MARY L. SMITH

Letters testamentary on the estate of said decedent having been granted to the undersigned on the 25th day of July, 2013 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 required to present the same within the time allowed by law or they will be barred.

Beatrice Norman, Executrix

Legal run on 8/9/13, 8/16/13 & 8/23/13

 

 

NOTICE OF EXECUTION SALE

By virtue of a writ of execution dated the 12th day of July, 2013 directed and delivered to me as Sheriff of the County of Lee and issued out of the Circuit Court of Lee County, Alabama on a judgment rendered in such Court on Circuit Court Action Number  DR2010-900003.01 December 5th, 2012 in favor of JENNIFER ELLIOTT HOLLAND against TIMOTHY JASON HOLLAND for the sum of $47,565.30, I have heretofore on July 23, 2013, levied on all the right, title and interest of TIMOTHY JASON HOLLAND only in and to the following described real property situated in Lee County, Alabama, to-wit:

Lot 49-B, Concord Estates, as shown on that certain map or plat thereof recorded in Plat Book 32 at Page 81, in the Office of the Judge of Probate of Lee County, Alabama.

Public notice is hereby given that I, the undersigned, as Sheriff of Lee County, Alabama, will on the 16th of September, 2013 at 12:00 noon sell at public auction to the highest bidder, for cash, in front of the Lee County Courthouse located at 215 South 9th Street, Opelika, Alabama, all the right, title and interest of TIMOTHY JASON HOLLAND in and to the above described real property, to satisfy such execution, together with interest and costs thereon.

Dated this, the 25th of July, 2013.

SHERIFF OF LEE COUNTY, ALABAMA

BY: /s/ Jay M. Jones

Sheriff

Legal run on 8/16/13, 8/23/13 & 8/30/13

 

IN THE CIRCUIT COURT OF LEE COUNTY, ALABAMA

FAMILY COURT DIVISION: DOMESTIC RELATIONS

IN RE: THE MARRIAGE OF ILWOONG KIM, PLAINTIFF vs. FUMIKO ICHIKAWA, DEFENDANT

NOTICE OF DIVORCE ACTION

Fumiko Ichikawa, whose whereabouts are unknown, must answer Ilwoong Kim’s petition for divorce and other relief by October 18, 2013, or, thereafter, a judgement by default may be rendered against her in Case No. DR-2013-900199, Circuit Court of Lee County, Alabama.

DONE the 8th day of August, 2013

Mary B. Roberson, Clerk of the Circuit Court of Lee County, Alabama.

Legal run on 8/16/13, 8/23/13, 8/30/13 & 9/6/13

 

NOTICE TO CREDITORS

ESTATE OF DIANNE MEEKS, deceased

In the Probate Court of Lee County

Letters Testamentary of said deceased having been granted to the undersigned on the 22nd day of July, 2013 by the Honorable Bill English, Judge of the Probate Court of Lee County, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.

Brenda Kay Dunn Deason, Co-Executor

Sherry Daly Paysinger, Co-Executor

Legal run on 8/16/13, 8/23/13 & 8/30/13

 

NOTICE OF APPOINTMENT

IN THE MATTER OF THE ESTATE OF MARY FRANCES DEAS, DECEASED

COURT OF PROBATE

Letters Testamentary of said deceased having been granted to the undersigned on the 15th day of August, 2013, by the Hon. Bill English, Judge of the Probate Court of Lee County, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.

Witness our hands, and dated this the 15th day of August, 2013.

Clifford E. Deas

Judy Diane Tubbs

Legal run on 8/23/13, 8/30/13 & 9/6/13

 

NOTICE OF EXECUTION SALE

By virtue of a writ of execution dated the 16th day of July, 2013 directed and delivered to me as Sheriff of the County of Lee and issued out of the Circuit Court of Lee County, Alabama on a judgment rendered in such Court on Circuit Court Action Number  CV2009-900236, November 5th, 2009 in favor of SUPERIOR ROOFING against ROGER D. BELL for the sum of $39,509.00, I have heretofore on July 23, 2013, levied on all the right, title and interest of ROGER D. BELL only in and to the following described real property situated in Lee County, Alabama, to-wit:

LOT 1-A and 2-A, Block 91, Grant survey of Opelika, Alabama in Plat Book 2, Page 9 in the Lee County Probate Office.

This address is commonly known as 605 N. 8th Street, Opelika, Lee County, Alabama 36801.

Public notice is hereby given that I, the undersigned, as Sheriff of Lee County, Alabama, will on the 16th of September, 2013 at 12:00 noon sell at public auction to the highest bidder, for cash, in front of the Lee County Courthouse located at 215 South 9th Street, Opelika, Alabama, all the right, title and interest of ROGER D. BELL in and to the above described real property, to satisfy such execution, together with interest and costs thereon.

Dated this, the 25th of July, 2013.

SHERIFF OF LEE COUNTY, ALABAMA

BY: /s/ Jay M. Jones

Sheriff

Legal run on 8/16/13, 8/23/13, 8/30/13 & 9/6/13

 

NOTICE OF COMPLAINT FOR WRONGFUL PAYMENT OF TAX SALE PROCEEDS

Virginia Hayley Runne, Global Claim Services, and Global Claims, LLC, whose whereabouts are unknown, must answer the Complaint  of Bobby L. Hayes, Gloria Hayes, and the Bobby L. Hayes Living Trust in Case No. CV-13-900061, currently pending in the Circuit Court of Lee County, Alabama, within 30 days from the date of publication.

Legal run on 8/16/13, 8/23/13, 8/30/13 & 9/6/13

 

NOTICE OF EXECUTION SALE

By virtue of a writ of execution dated the 12th day of July, 2013 directed and delivered to me as Sheriff of the County of Lee and issued out of the District Court of Russell County, Alabama on a judgment rendered in such Court on District Court Action Number  DV04-103 on March 9th, 2004 in favor of FIRST AMERICAN BANK, SUCCESSOR against RONALD A. JOHNSTON, III for the sum of $11,276.66, I have heretofore on July 23, 2013, levied on all the right, title and interest of RONALD A. JOHNSTON, III only in and to the following described real property situated in Lee County, Alabama, to-wit:

LOT 13 DEERFIELD PLANTATION PHASE II.

PARCEL#: 43.24.03.08.0.000.067.000 PIN: 3766

This property is commonly known as 704 LEE ROAD 437, Phenix City, Lee County, Alabama 36870.

Public notice is hereby given that I, the undersigned, as Sheriff of Lee County, Alabama, will on the 16th of September, 2013 at 12:00 noon sell at public auction to the highest bidder, for cash, in front of the Lee County Courthouse located at 215 South 9th Street, Opelika, Alabama, all the right, title and interest of RONALD A. JOHNSTON, III in and to the above described real property, to satisfy such execution, together with interest and costs thereon.

Dated this, the 25th of July, 2013.

SHERIFF OF LEE COUNTY, ALABAMA

BY: /s/ Jay M. Jones

Sheriff

Legal run on 8/23/13, 8/30/13, 9/6/13

 

ORDINANCE NO.  111-13

AN ORDINANCE AMENDING SECTIONS 10-47 AND 10-48 OF THE OPELIKA CODE, RELATING TO SOLID WASTE COLLECTION AND DISPOSAL FEES

BE IT ORDAINED by the City Council of the City of Opelika, Alabama, as follows:

Section 1.  That Section 10-47 of the Code of Ordinances of the City of Opelika, Alabama, is hereby amended to read as follows:

Sec. 10-47.  Residential service charges and services.

(a)  There is hereby established in the city a garbage and trash curbside collection service to be operated by the department of public works, solid waste division of the city. The collection, hauling and disposal of garbage and trash shall be made by the department of public works on a periodic basis as necessary to maintain clean and sanitary conditions and the charges herein prescribed are based on such periodic collection and disposal. Service charges as established herein shall be assessed against the occupants of each residential premises for the availability of the collection service regardless of actual use to the service by said occupants. The mayor and/or his designee may extend the time of payment or abate the payment of service charges to any residential premises in the event of undue hardship or because it is not cost effective for the city to provide service at such premises. The abatement of any service charge shall be fully documented by the mayor or his designee.

(b)   Beginning October 1, 2013, and continuing monthly thereafter, the following charges shall be paid to the City of Opelika by every residential customer for the collection, hauling and disposing of refuse:

Curbside Service               Monthly Service Charge

Rate Effective  October 1, 2013 $18.00

Rate Effective October 1, 2014 $19.00

Rate Effective October 1, 2015 $20.00

Rate Effective October 1, 2016 $21.00

Rate Effective October 1, 2017 $22.00

(c)  Beginning May 1, 2002, the head of any household who is over sixty-two (62) years of age shall be entitled to a reduction (exemption) from the monthly service charge in the amount of four dollars ($4.00). In order to obtain the benefit of the exemption herein allowed, the head of the household must make written application under oath to the mayor or his designee giving the name and date of birth of the applicant and the location of the residential premises occupied by the applicant. The mayor or his designee shall also require proof of age from each applicant. In no case shall such exemption herein allowed apply to more than one (1) person in each household nor shall said exemption apply to any person unless the electric meter or water meter (or garbage account if the premises is not served by the city electric or water) is registered in the name of the applicant. The grant of any exemption provided under the provisions of this subsection shall become effective upon the approval of each application by the mayor or his designee.

(d)   The solid waste superintendent shall determine the best method of service for apartment buildings and multifamily complexes and shall have sole discretion to require service by private hauler. The owner or proprietor of such apartment building may contract to receive garbage and trash collection from a private hauler. If the City provides garbage and trash collection services to any apartment building, the occupants of each unit will pay to the City a monthly fee in accordance with the schedule of rates established in subparagraph (b) above.

Section 2.  That Section 10-48 of the Code of Ordinances of the City of Opelika, Alabama, is hereby amended to read as follows:

Sec. 10-48.  Commercial and business charges and service.

(a)  The owner or proprietor of any commercial or business establishment in the City may contract to receive City garbage and trash collection services.

(b)  For all business and commercial establishments electing to receive City garbage and trash collection services, beginning October 1, 2013, and continuing monthly thereafter, the following charges shall be paid to the City by every business or commercial establishment for the collection, hauling and disposing of garbage and trash:

Description of Service         Monthly Service Charge

Rate Effective October 1, 2013

1. Two (2) 300-gallon containers, twice per week $216.00

2.  Two (2) 300-gallon containers, once per week $108.00

3.  One (1) 300-gallon container, twice per week $108.00

4.  One (1) 300-gallon container, once per week $ 54.00

5.  Two (2) 95-gallon containers, twice per week $ 72.00

6.  Two (2) 95-gallon containers, once per week $ 36.00

7.  One (1) 95-gallon container, twice per week $ 36.00

8.  One (1) 95-gallon container, once per week $ 18.00

 

Rate Effective October 1, 2014

1. Two (2) 300-gallon containers, twice per week $228.00

2.  Two (2) 300-gallon containers, once per week $114.00

3.  One (1) 300-gallon container, twice per week $114.00

4.  One (1) 300-gallon container, once per week $  57.00

5.  Two (2) 95-gallon containers, twice per week $  76.00

6.  Two (2) 95-gallon containers, once per week $  38.00

7.  One (1) 95-gallon container, twice per week $  38.00

8.  One (1) 95-gallon container, once per week $  19.00

 

Rate Effective October 1, 2015

1. Two (2) 300-gallon containers, twice per week $240.00

2.  Two (2) 300-gallon containers, once per week $120.00

3.  One (1) 300-gallon container, twice per week $120.00

4.  One (1) 300-gallon container, once per week $  60.00

5.  Two (2) 95-gallon containers, twice per week $  80.00

6.  Two (2) 95-gallon containers, once per week $  40.00

7.  One (1) 95-gallon container, twice per week $  40.00

8.  One (1) 95-gallon container, once per week $  20.00

 

Rate Effective October 1, 2016

1. Two (2) 300-gallon containers, twice per week $252.00

2.  Two (2) 300-gallon containers, once per week $126.00

3.  One (1) 300-gallon container, twice per week $126.00

4.  One (1) 300-gallon container, once per week $  63.00

5.  Two (2) 95-gallon containers, twice per week $  84.00

6.  Two (2) 95-gallon containers, once per week $  42.00

7.  One (1) 95-gallon container, twice per week $  42.00

8.  One (1) 95-gallon container, once per week $  21.00

 

Rate Effective October 1, 2017

1. Two (2) 300-gallon containers, twice per week $264.00

2.  Two (2) 300-gallon containers, once per week $132.00

3.  One (1) 300-gallon container, twice per week $132.00

4.  One (1) 300-gallon container, once per week $  66.00

5.  Two (2) 95-gallon containers, twice per week $  88.00

6.  Two (2) 95-gallon containers, once per week $  44.00

7.  One (1) 95-gallon container, twice per week $  44.00

8.  One (1) 95-gallon container, once per week $  22.00

At the request of the discretion of the Solid Waste Superintendent, additional containers can be issued and they shall be charged based on per container per dump charge.

Section 3.  If any section, clause, provision or portion of this Ordinance shall be declared invalid or unconstitutional by any court of competent jurisdiction, such holdings shall not affect any other section, clause, provision or portion of this Ordinance, which is not in and of itself found invalid or unconstitutional.

Section 4.  Any ordinance or part thereof in conflict with the provisions of this Ordinance be in the same is hereby repealed.

Section 5.  The provisions of this Ordinance and the solid waste disposal and collection charges provided herein shall become effective on October 1, 2013 and shall be codified in the Code of Ordinances of the City of Opelika, Alabama.

Section 6.   That the City Clerk of the City of Opelika is hereby authorized and directed to cause a copy of this Ordinance to be published one time in a newspaper of general circulation published in the City of Opelika, Alabama.

ADOPTED AND APPROVED this the 20th day of August, 2013.

/s/ C. E. “Eddie” Smith, Jr.

PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA

ATTEST:

/s/ R. G. Shuman

CITY CLERK

TRANSMITTED TO MAYOR on this the 21st day of August, 2013.

/s/ R. G. Shuman

CITY CLERK

ACTION BY MAYOR

APPROVED this the 21st day of August, 2013.

/s/ Gary Fuller

MAYOR ATTEST:

/s/ R. G. Shuman

CITY CLERK

 

 

ORDINANCE NO.  112-13

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-5 District (High Density Residential District) to a I-1 District (Institutional District) the parcel of land hereinafter described:

Commence at the Northeast corner of Section 14, Township 19 North, Range 26 East, Lee County, Alabama, thence run North 89 degrees 52 minutes West for 60.3 feet to the point of beginning of the tract or parcel of land herein to be described and conveyed; thence run South 0 degrees 10 minutes West for 221.2 feet to the center line of an old abandoned railroad bed; thence following said center line run North 88 degrees 03 minutes West for 384.7 feet; thence run South 85 degrees 18 minutes West for 227.8 feet to the eastern margin of Preister Road; thence along said margin run North 2 degrees 38 minutes West for 221.0 feet; thence leaving said margin of said road run North 89 degrees 27 minutes East for 622.3 feet along said section line to the point of beginning; containing 3.03 acres, more or less, all as shown by map or plat of survey by William L. Morkes, Alabama Registered Licensed Surveyor No. 11846 dated December 22, 1978.

The address of the above parcel is 701 Priester Road, Opelika, Alabama 36801.

Said parcel being further described as 43 09 06 14 1 000 001.001 according to the records maintained in the Lee County Revenue Commissioner’s Office.

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, 2013.

/s/ C. E. “Eddie” Smith, Jr.

PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA

ATTEST:

/s/ R. G. Shuman

CITY CLERK

TRANSMITTED TO MAYOR on this the 21st day of August, 2013.

/s/ R. G. Shuman

CITY CLERK

ACTION BY MAYOR

APPROVED this the 21st day of August, 2013.

/s/ Gary Fuller

MAYOR

ATTEST:

/s/ R. G. Shuman

CITY CLERK

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