IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN THE MATTER OF THE ADOPTION PETITION OF JOSHUA MONCRIEF AND ALEXIS MONCRIEF
CASE NO.: 2023-011
PUBLICATION NOTICE
TO: Iverson Elijah Jones and any other potential unknown father,
Please take notice that a Petition for Adoption was filed in the Probate Court of Lee County, Alabama by Joshua Moncrief and Alexis Moncrief on March 21, 2023, for the adoption of D.S.J. born on January 2, 2023, in Opelika, Alabama to Paris Nicole Tolar and Iverson Elijah Jones.
A hearing has been set in the Lee County Probate Court, Opelika, Alabama. Should you intend to contest this adoption you must file a written response with the attorney for the petitioner, Hon. Katherine M. Hoyt, I 14 North 9th Street, Opelika, AL 3680 I and with the Clerk of the Probate Court of Lee County, Alabama, P.O. Box 2266, Opelika, AL 36803 as soon as possible but no later than thirty (30) days from the last day this notice is published.
Dated on this the 3rd day of April 2023.
BILL ENGLISH
JUDGE OF PROBATE
LEE COUNTY, ALABAMA
LEGAL RUN 04/13/23, 4/20/23, 4/27/23 & 5/4/23
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IN THE MATTER OF THE ESTATE OF RUBY L. MILLER, DECEASED
CASE NO:. 2023-187
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
Letters Testamentary on the estate of said decedent having been granted to the undersigned on the 11th day of April, 2023, 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.
DENNIS E. MILLER
Personal Representative
Robert H. Pettey
Samford & Denson, LLP
P.O. Box 2345
Opelika, AL 36803-2345
(334) 745-3504
Legal Run 04/20/2023, 04/27/2023 & 05/04/2023
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FORM OF ADVERTISMENT FOR COMPLETION
LEGAL NOTICE
In accordance with Chapter 1, Title 39, Code of Alabama, 1975, as amended, notice is hereby given that WHATLEY CONSTRUCTION, LLC, Contractor, has completed the Contract for the Lee County EMA Office Addition at 908 Avenue B, Opelika, AL 36801 for The Lee County Commission, Opelika, State of Alabama, 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:
John Randall Wilson, Architect, 900 Janet Drive, Auburn, AL 36830
WHATLEY CONSTRUCTION, LLC / CONTRACTOR
P.O. BOX 137,
OPELIKA, AL 36802
Legal Run 04/20/2023, 04/27/2023, 05/04/2023 & 05/11/2023
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IN THE MATTER OF THE ESTATE OF PATRICIA LYNN HARRISON, DECEASED
CASE NO: 2023-167
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
Letters of Administration of said deceased having been granted to the undersigned on the 31st day of March, 2023, 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.
TERRI LYNN FALLIN
Robert H. Pettey
Samford & Denson, LLP
P.O. Box 2345
Opelika, AL 36803-2345
(334) 745-3504
Legal Run 04/20/23, 04/27/23 & 05/04/23
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IN THE JUVENILE COURT FOR LEE COUNTY, ALABAMA
IN RE: PETITION TO REMOVE
DISABILITY OF NONAGE OF R.C.M., A minor (DOB 12/26/2004).
CASR NO.: JU-2023-56.01
NOTICE OF FILING OF PETITION TO REMOVE THE DISABILITES OF NON-AGE
Notice is hereby given that a Petition for the Removal of the Disabilities of Nonage has been filed by Jeffery Miller on the 15th day of February 2023, and a hearing has been set for May 24, 2023, at 10:00 am in the Juvenile Court of Lee County, Alabama. Upon hearing, said petition evidence, shall be presented to the Juvenile Court of Lee County, Alabama, in support of the petition and anyone who contests said petition may, upon giving security for costs of such contest, appear and state why such petition should not be granted.
Mary H. Roberson Circuit Clerk
Benjamin H. Parr (PAR-112)
Attorney for Petitioner
830-A Avenue A Opelika. Alabama 36801
(334) 749-6999
Mary H. Roberson
Circuit Clerk
Legal Run 04/20/23, 04/27/23 & 05/04/23
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IN THE MATTER OF THE ESTATE OF ROBERTA BROTHERS, DECEASED
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
CASE NO.: 2023-090
Letters Testamentary on the estate of said decedent having been granted to the undersigned on the 13th day of April, 2023, 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.
DENA HOPE LITTLE
Personal Representative
Robert H. Pettey
Samford & Denson, LLP
P.O. Box 2345
Opelika, AL 36803-2345
334-745-3504
Legal Run 04/20/23, 04/27/23 & 05/04/23
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IN THE CIRCUIT COURT OF LEE COUNTY, ALABAMA
Case No.: CV-2021-900354.00
GARLAND REAL PROPERTIES, INC. , Plaintiff, v.
A TRACT OR PARCEL OF LAND IN
LEE COUNTY, ALABAMA;
And
GEORGE SAMFORD, and/or THE
UNKNOWN HEIRS OR DEVISEES
OF GEORGE SAMFORD;
And
FICTITIOUS DEFENDANTS A, B, C, et al,
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 22nd day of October, 2021, a complaint to quiet title was filed in the Circuit Court of Lee County, Alabama, and the following are the names of all parties to the action: Garland Real Properties, Inc., as Plaintiff; George Samford, and/or the unknown heirs or devisees of George Samford, as Defendant, whose additional heirs, executors and/or administrators are unknown and cannot be ascertained after the exercise of due diligence, and which are believed to have claimed some right, title, interest or claim in and to the property described as follows:
Beginning at the Northwest corner of the Northeast of quarter of Section 21, Township 18 North, Range 25 East, Lee County, Alabama, thence go South 05 degrees 15 minutes 00 seconds East for a distance of 2640.00 feet to a point on the Southwest’ corner of the Northeast quarter of Section 21, Township 18 North, Range 25 East, Lee County, Alabama, thence go North 87 degrees 25 m-minutes East for a distance of 1,970 feet to a point, thence North 06 degrees 38 minutes East for a distance of 277.17 feet to a point, thence North 20 degrees 25 minutes East for a distance of 449.62 feet to a point; thence South 87 degrees 30 minutes West for a distance of 49.81 feet to a corner on the northerly margin of Cox Road, which shall be point of beginning of the property herein intended to be described: From said point of beginning, continue South 87 degrees 30 minutes West for a distance of 196.31 feet to a point; thence North 25 degrees 12 minutes East for a distance of 100.0 feet to a point; thence North 45 degrees 29 minutes East for a distance of 1OO.OO feet to a point; thence North 53 degrees 45 minutes East for a distance of 100.0 feet to a point; thence North 61 degrees 40 minutes East for a distance of 100.0 feet to a point; thence North 72 degrees 25 minutes East for a distance of 1OO.O feet to a point; thence North 80 degrees 51 minutes East for a distance of 44.17 feet to a point; thence South 81 degrees 58 minutes East for a distance of 51.56 feet to a concrete monument P.T. STA. 94+80.5; thence Southwest along the curve of the Northerly margin of Cox Road, said curve having a chord of 399.66 and a radius of 998.84 to the point of beginning, which contains 1.25 acres, more or less.
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 6th day of April, 2023.
Mary Roberson
Circuit Court Clerk, Lee County
J. Brandon Rice
Davis, Bingham, Hudson & Buckner, P.C.
724 North Dean Road, Suite 100
Auburn, AL 36830
04/20/23, 04/27/23, 05/04/23, 05/11/23
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CASE NO.2023-191
NOTICE TO CREDITORS
The State of Alabama, Lee County Probate Cou1t Estate of: MARTHA JO DUDLEY, Deceased.
Letters Testamentary upon the estate of said decedent, having been granted to the undersigned on the 14th day of April 2023, 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.
JOHN ROBERT DUDLEY, JR., BERRY C. DUDLEY, JR., ELLEN FAYE GABERLAVAGE, VICKI LEAH MASSINGILL and LINDA SUE EPPERSON, Executors.
NOTICE TO CREDITORS BILLING INFORMATION: JENNIFER J. MCEWEN, ESQ.
MILLARD V. YOUNG, III, ESQ.
MAYNARD NEXSEN PC
1901 Sixth Avenue North, Suite 1700 Birmingham, AL 35203
Tel: 205-254-1000
Legal Run 04/20/23, 04/27/23 & 05/04/23
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IN THE MATTER OF THE ESTATE OF ANDREW ARTHUR BERRY,
DECEASED.
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
Case No: 2023-197
Letters of Administration of said deceased having been granted to the undersigned on the 14th day of April, 2023, 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.
REGINALD BERNARD BERRY
Administrator
Robert H. Pettey
Samford & Denson, LLP
P.O. Box 2345
Opelika, AL 36803-2345
(334) 745-3504
Legal Run 04/20/23, 04/27/23 & 5/4/23
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Notice of Completion
Newell & Bush, Inc. hereby gives notice of completion of contract with the City of Opelika for construction of Project CR 63 N. Uniroyal Road City of Opelika. This notice will appear for four consecutive weeks beginning on April 20, 2023 and ending on May 11,2023. All claims should be filed at P.O. Box 240397 Montgomery, Al 36124 during this period.
Newell & Bush, Inc.
Legal Run 04/20/2023, 04/27/2023, 05/04/2023 & 05/11/2023
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Roundabout at Sportsplex Parkway and West Point Parkway, Opelika
Form of Advertisement for Completion Legal Notice for Bid# 22010
In accordance with Chapter 1, Title 39, Code of Alabama, 1975, notice is hereby given that Robinson Paving Company Inc, Contractor, has completed the Contract for The Roundabout at Sportsplex Parkway and West Point Parkway Opelika, AL for the City of Opelika, owner, and have made request for final settlement of said Contract. All persons having any claim for labor, materials or otherwise in connection with this project should immediately notify in writing:
Jeffrey Robinson
5425 Schatulga Rd
Columbus, GA 31907
ROBINSON PAVING COMPANY
POST OFFICE BOX 12266
COLUMBUS, GEORGIA 31917-2266
5425 SCHATULGA ROAD
COLUMBUS, GEORGIA 31907
PHONE (706) 563-7959 FAX (706) 568-0314
Legal Run 4/20/23, 4/27/23, 5/4/2023,
5/11/2023 & 5/18/2023
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IN THE PROBATE COURT OF LEE COUNTY, STATE OF ALABAMA
IN THE MAITER OF THE ESTATE OF JOHN RAYFORD LEDLOW, DECEASED further and also known as JOHN RAYFORD LEDLOW
LETTERS TESTAMENTARY for the estate of said deceased having been granted to the undersigned Personal Representative GARY WAYNE LEDLOW, on April 6, 2023, 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 the time allowed by law or the same will be barred.
/s/ GARY WAYNE LEDLOW
Legal Run 04/20/2023, 04/27/2023 & 05/04/2023
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ADVERTISEMENT FOR BIDS
SMITHS WATER & SEWER AUTHORITY
SMITHS STATION, ALABAMA
HOLLAND CREEK BASIN SANITARY SEWER IMP. (GRAVITY SEWER CLEANING, CCTV & REPAIRS)
Sealed bids for the Holland Creek Basin Sanitary Sewer Imp. (Gravity Sewer Cleaning, CCTV & Repairs) CMGM220122 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 Wednesday, May 24, 2023 at 11:00 EDT local time at which time the Bids received will be publicly opened and read.
The Project includes the following Work: Cleaning, CCTV & repairs of approximately 43,500 LF of varying diameter (8”-24”) gravity sanitary sewer, MH evaluation and related appurtenances.
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 15250, 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 $75.00 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 04/27/2023, 05/04/2023 & 05/11/2023
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STATE OF ALABAMA
IN THE PROBATE COURT OF LEE COUNTY
CASE NO. 2023-203
RE:ESTATE OF RONALD STEPHEN AKINS, Deceased:
NOTICE OF PUBLICATION
Letters of Administration of said deceased having been granted to the undersigned on the 20th day of April, 2023, by the 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.
/s/ Linda H. Holt
Linda H. Holt, Administrator of the Estate of Ronald Stephen Akins
Jacob J. Key
Attorney for Administrator
Johnson, Caldwell & McCoy, LLC
117 North Lanier Avenue, Suite 201
Lanett, Alabama 36863
(334) 644-1171 Telephone
Legal Run 04/27/2023, 5/4/2023 & 5/11/2023
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IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA
IN THE MATTER OF THE ESTATE OF:
RAYMOND ALBERT MILLER, Deceased
Case No.: 2023- 097
NOTICE TO CREDITORS
Letters Testamentary of said deceased having been granted to Vicki Miller Pierce, Personal Representative on the 28th day of April, 2023 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.
Vicki Miller Pierce
Legal Run 05/04/2023, 05/11/2023 & 05/18/2023
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IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
IN RE: THE MATIER OF WALTER KETTEN UNDERWOOD
CASE NO: 2021-452
NOTICE OF HEARING NOTICE TO: JAMES EARL UNDERWOOD
Notice is hereby given that a Motion to Approve Real Estate of the Estate of Walter Ketten Undeiwood was filed by Administrator Jeremy Todd Underwood on April 6, 2023. A hearing has been set for the 30th day of May 2023 at 9:00 a.m. central time, electronically via “ZOOM”. Please contact the Lee County Probate Court at 334-737-3670 for access to the electronic hearing should you intend to take part in the said hearing.
BILL ENGLISH
JUDGE OF PROBATE, LEE COUNTY, ALABAMA
Legal Run 05/04/2023, 05/11/2023 & 05/18/2023
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STATE OF ALABAMA
LEE COUNTY
PROBATE COURT
NOTICE TO FILE CLAIMS
IN THE MATTER OF THE ESTATE OF HIRAM J. POWELL, DECEASED.
Letters Testamentary on the estate of Hiram J. Powell, deceased, having been
granted to the undersigned on the 30th day of March 2023, by the Judge
of Probate of said County, notice is hereby given that all persons having claims against
said estate, are hereby required to present the same within the time allowed by law, or
the same will be barred.
Shanda Cotney n/k/a Shanda Adams – Executrix
Chad Lee – Attorney for Executrix
Legal Run 05/04/2023, 05/11/2023 & 05/18/2023
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IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA
IN THE MATTER OF THE ESTATE OF: SARAH BUCHANAN VANN Deceased
Case No.: 2023-236
NOTICE TO CREDITORS
Letters Testamentary of said deceased having been granted to Sarah Buchanan Vann, Personal Representative on the 28th day of April, 2023, 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.
Mary Catherine Bradford
Legal Run 05/04/2023, 05/11/2023 & 05/18/2023
ORDINANCE NO. 013-23
AN ORDINANCE AMENDING SECTION 28-108 OF THE CODE OF ORDINANCES AND AMENDING AND UPDATING SEWER ACCESS FEES TO BE CHARGED BY THE CITY
WHEREAS, the City of Opelika (the “City”) operates a wastewater collection and treatment system (the “wastewater system”); and
WHEREAS, Section 28-108 of the Code of Ordinances imposes sewer access fees (formerly known as “developmental sewer assessment fees”) on new or expanded developments to fund certain capital costs attributable to the new or expanded development; and
WHEREAS, growth imposes increased demands upon wastewater facilities and requires that new capacity be added to public facilities to maintain current levels of service; and
WHEREAS, as growth and development continue in areas serviced by the City’s wastewater system, additional revenues are needed to offset increased costs related to capital outlay, infrastructure and debt service of the City’s wastewater system for new and expanded residential, commercial and industrial developments; and
WHEREAS, new and expanded development must bear a proportionate share of the cost of capital expenditures caused by new or expanded growth; and
WHEREAS, the City recently retained Nelsnick Enterprises, Inc., to conduct an analysis of wastewater system cost of services and to determine rate increase requirements; and
WHEREAS, Nelsnick Enterprises, Inc., issued a final report on March 16, 2023, in which it recommended that the City’s sewer access fees be increased from $1,250 to $1,700 to generate additional revenue to provide funding for needed expansion and improvements to the wastewater system; and
WHEREAS, the report prepared by Nelsnick Enterprises, Inc., provides documentation that there is a fair comparison or rational nexus between the recommended access fees charged to new or expanded developments and the impact that growth has on the wastewater system; and
WHEREAS, the sewer access fees charged under this Ordinance will benefit the new and expanded developments by funding a portion of the infrastructure improvements that will be needed to add the capacity to serve the new developments with the same level of service that the City currently provides.
NOW, BE IT ORDAINED by the City Council (the “Council”) of the City of Opelika, Alabama (the “City”) as follows:
Section 1. Recitals. The City Council finds the recitals in the preamble to this Ordinance are true and correct and incorporates them as findings of fact.
Section 2. Amendment of Section 28-108. That Section 28-108 of the Code of Ordinances of the City of Opelika is hereby amended to read as follows:
Sec. 28-108.
(a)Purpose. Extensions and improvements to the City sanitary sewer system are necessary to accommodate the collection and transportation of new and expanded sanitary sewer discharges or flows, to City wastewater treatment facilities. It is the purpose of this section to create a policy whereby some portion, not exceeding the actual costs of such extensions and improvements, is collected as new and additional discharges or flows, are established. In a general way, this section creates a policy whereby, through the adjustment of rates herein established, new development or growth creating new flows into the wastewater system will bear a substantial portion of the costs to the City of improvements and extensions made necessary by new development and growth. It is anticipated that from time-to-time the City Council will review and adjust this policy to achieve the purpose herein stated.
(b) Schedule of charges for new or expanded discharges. It is hereby established and declared that the City is entitled to impose a reasonable sewer access fee upon any person tapping, cutting or connecting onto its wastewater system within its service area for any structure, building, dumping station or any change of use for the cost of increasing the reserve capacity of sanitary sewer collection or treatment facilities. A sewer access fee in the amount of one thousand seven hundred dollars ($1,700.00) shall be computed and assessed for each equivalent average connection where such connection is located within the corporate limits of the City of Opelika, plus an additional twenty five percent (25%) when said connection is made outside the corporate limits. An equivalent average connection shall be considered to be usage of approximately 9,000 gallons of water or less per month, or 300 gallons peak day. In the case of a change of use, redevelopment or modification of an existing use, the sewer access fee shall be based upon the net increase in the sewer access fee compared to the previous use. Sewer access fees are charged and calculated in the amount of $1,700.00. For the purpose of calculating and imposing the sewer access fee, the equivalent average connection factor for any particular connection shall be calculated and imposed as follows:
1.Single-family Homes and Trailers: one (1) equivalent average connection
2.Multi-family Homes/Duplexes -two (2) equivalent average connection
Triplexes – two and one-half (2½) equivalent average
connections
Quadraplexes – three (3) equivalent average connections
More than four units – two-thirds (2/3) equivalent average connection per unit
3. Retail Sales – one (1) equivalent average connection per restroom
4. Motels and Hotels one-third (1/3) equivalent average connection per room less twenty-five percent (25%) of the certification of
expected water usage by a registered engineer
5. Restaurant – one (1) equivalent average connection
plus one (1) equivalent average connection
per restroom plus one (1) equivalent average connection for each twenty (20)
seats over forty (40)
6.General Business one (1) equivalent average connection per restroom plus one (1) equivalent average
connection for each ten (10) employees over twenty (20)
7.Industry Same as General Business if water is not
used in industrial process, otherwise a registered engineer must certify water
usage
8.Hospitals, Nursing Homes one-third (1/3) equivalent average
And other Institutions – connection per bed less fifteen percent (15%)
9. Auto Service/Convenience Station – two (2) equivalent average connections per restroom
10. Trailer camps or Recreation/ Vehicle Parks -one (1) equivalent average connection for each three (3) spaces served by on-site sewer connection or one (1) equivalent average connection per each six (6) spaces served by a dump station
11. Schools – one (1) equivalent average connection per
each fifteen (15) students design capacity or certification of water usage by a registered engineer
(c) Payment. The sewer access fees levied or imposed above shall be paid by the owner of each premises requiring a sanitary sewer connection upon the approval of a building permit and/or business license or change of use for such premises.
(d) Other charges. The sewer access fees levied or imposed above shall be in addition to all other tapping fees, service charges, consumption charges and demand charges now imposed by law.
(e) Waiver for CDBG Grants. Any or all of the above sewer access fees may be waived by the Mayor for premises connected to the City’s wastewater system constructed in whole or part of Community Development Block Grant (CDBG) funds provided by the federal government where such connection is made to the home or dwelling of lower or moderate income persons as defined in the Grant application or documents.
(f) Waiver for economic development. The City Council may, in its discretion, waive any or all of the above sewer access fees for the promotion of local economic and industrial development subject to the provisions of Amendment 642 or Amendment 772 of the Constitution of Alabama.
(g) Sewer access fund. There is hereby created an account to be known as the “Sanitary Sewer System Access Fund”. The proceeds collected by the City Building Inspection Division for the charges herein required shall be paid into the Sanitary Sewer System Access Fund account, to be appropriated and used solely to pay City costs for improvements and extensions to the wastewater system made necessary to accommodate the collection and transportation of new and expanded discharges, or flows into the system.
(h) No entitlement created. This section is not intended to change any existing policy or create an entitlement. The City will continue to, and reserves the right to, evaluate sanitary sewer collection extensions and improvements based upon economic feasibility, and to negotiate agreements with persons benefitted on a case-by-case basis.
Section 3. Severability. In the event any section, subsection, paragraph, subparagraph, item, sentence, clause, phrase or other word of this Ordinance is judged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining provisions of this Ordinance as if such invalid or unconstitutional provision was not originally a part of this Ordinance.
Section 4. Repealer Clause. All former ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such conflict.
Section 5. Effective Date. This Ordinance and the Code section hereby amended shall become effective upon its adoption and publication as required by law.
Section 6. Publication. The City Clerk of the City of Opelika is hereby authorized and directed to cause a copy of this Ordinance to be published one (1) time in a newspaper of general circulation in the City of Opelika, Alabama.
ADOPTED AND APPROVED this the 2nd day of May, 2023.
/s/ Eddie Smith PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA
ATTEST:
/s/ Russell A. Jones, CMC
CITY CLERK
TRANSMITTED TO MAYOR this the 3rd day of May, 2023.
/s/ Russell A. Jones, CMC
CITY CLERK
ACTION BY MAYOR
APPROVED this the 3rd day of May, 2023.
/s/ Gary Fuller MAYOR
ATTEST:
/s/ Russell A. Jones, CMC
CITY CLERK
Legal Run 05/04/2023
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ORDINANCE NO. 014-23
AN ORDINANCE TO AMEND THE ZONING
ORDINANCE AND ZONING MAP OF THE CITY OF OPELIKA
(DICKSON FARMS PUD)
BE IT ORDAINED by the City Council (the “Council”) of the City of Opelika, Alabama (the “City”) as follows:
Section 1. FINDINGS. The Council has determined and hereby finds and declares that the following facts are true and correct:
(a) Keith B. Norman (“Norman”) is the owner of record of that certain property consisting of 229.2 acres located between Anderson Road and Andrews Road.
(b) Norman, by and through his authorized representative, Foresite Group, LLC, heretofore submitted to the City a development plan for a planned unit development (“PUD”) consisting of approximately 229.2 acres, designated as “Dickson Farms Planned Unit Development”.
(c) The proposed development is a mixed residential development consisting of approximately 606 single-family home lots, 216 townhomes and 98 cottage homes. The development plan shows planned amenity areas, including a 5.4 acre “central park” with a swimming pool, clubhouse, large open lawn and mail kiosk. The development plan also shows 5.19 acres of small pocket parks. The development plan shows five (5) entry points into the development from Anderson Road and Andrews Road. The proposed density is 4.01 units per acre.
(d) On February 28, 2023, the Planning Commission heretofore conducted a public hearing of the proposed development and referred to the City Council its recommendation to approve the proposed development.
(e) It is advisable and in the interest of the City and the public interest that the proposed property described in Section 3 below should be developed as a residential planned unit development.
Section 2. APPROVAL OF THE DEVELOPMENT PLAN. The Development Plan as submitted for review is hereby approved and affirmed as required by Section 8.18(N) of the Zoning Ordinance of the City.
Section 3. DESIGNATION OF A PLANNED UNIT DEVELOPMENT. The official Zoning Map is hereby amended and the zoning classification for the following parcel of land shall be changed from a R-1 District (Low-Density Residential District) to a Planned Unit Development (PUD) on the official zoning map of the City.
Commence at an iron pin at the southwest corner of Section 28, T-20-N, R-27-E, in the City of Opelika, Lee County, Alabama; thence run N 1°18’08” W 1367.99′ to an iron pin and the POINT OF BEGINNING of the property herein to be described; from said POINT OF BEGINNING, thence run N 1°16’08” W 1663.34′ to an iron pin on the southerly margin of CSX Railroad; thence run a chord of N 51°20’53” E 1418.13′ along the curve of said margin to an iron pin, said curve being to the right with a radius of 1975.47’; thence run N 68°17’45” E 980.83′ along said margin to an iron pin; thence leaving said margin, run S 15°48’57” E 302.00′ to an iron pin; thence run N 64°40’08” E 413.00′ to an iron pin on the westerly margin of Anderson Road (Lee Road 162); thence run a chord of S 36°57’03” E 95.52′ along the curve of said margin to a concrete monument at PC station 108+95.5, said curve being to the left with a radius of 5769.58′; thence run S 38°43’17” E 1374.88′ along said margin to a concrete monument at P.T. station 95+20.5; thence run a chord of S 43°16’03’ E 676.26′ along the curve of said margin to a concrete monument at the intersection of the southerly margin of Anderson Road (Lee Road 162) and the westerly margin of Andrews Road (Lee Road 48), said curve being to the left with a radius of 3859.70′; thence run S 4°58’37’ W 59.76′ along said westerly margin of Andrews Road (Lee Road 48) to a concrete monument; thence run a chord S 39°30’01” W 545.17′ along the curve of said margin to a concrete monument at P.C. station 111+95.4, said curve being to the left with a radius of 858.51′; thence run S 20°42’04” W 13.29′ to a concrete monument at P.T. station 111+80.9; thence run a chord of S 35°29’35’ W 556.37′ along the curve of said margin to a concrete monument at P.C. station 105+96.9, said curve being to the right with a radius of 1145.91′; thence run S 49°46’54” W 69.32′ to a concrete monument at P.T. station 105+27.4; thence run a chord of S 35°39’06” W 586.49′ along the curve of said margin to a concrete monument at P.C. station 99+54.1, said curve being to the left with a radius of 1185.90′; thence run S 22°09’53” W 57.08′ to a concrete monument at P.T. station 98+96.4; thence run a chord of S 26°35’03” W 578.89′ along the curve of said margin to a concrete monument at P.C. station 93+08.8, said curve being to the right with a radius of 3274.04′; thence run S 31°37’23” W 533.97′ along said margin to an iron pin; thence leaving said margin, run S 89°12’36” W 833.39′ to an iron pin; thence run N 1°15’00” W 1367.93′ to an iron pin; thence run S 89°07’52” W 1320.50′ to an iron pin and the original POINT OF BEGINNING.
The above-described property is located in Section 28, T-20-N, R-27-E, in the City of Opelika, Lee County, Alabama; contains 229.2 acres, more or less, and is subject to all easements of record.
The above-described property, containing approximately 229.2 acres, is at 3500 Anderson Road and is located adjacent to Anderson Road and Andrews Road.
Section 4. RETENTION OF COPIES OF DEVELOPMENT PLAN. Copies of the Development Plan shall be maintained in the office of the City Clerk, City Planner, City Engineer and Building Official and shall be open for public inspection.
Section 5. REPEALER. Any ordinance or part thereof in conflict with provisions of this Ordinance be and the same are hereby repealed.
Section 6. EFFECTIVE DATE. This Ordinance shall become effective upon its adoption, approval and publication as required by law.
Section 7. PUBLICATION. This Ordinance shall be published one (1) time in a newspaper of general circulation in the City of Opelika, Lee County, Alabama.
ADOPTED AND APPROVED this the 2nd day of May, 2023.
/s/ Eddie Smith PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA
ATTEST:
/s/ Russell A. Jones, CMC
CITY CLERK
TRANSMITTED TO MAYOR this the 3rd day of May, 2023.
/s/ Russell A. Jones, CMC
CITY CLERK
ACTION BY MAYOR
APPROVED this the 3rd day of May, 2023.
/s/ Gary Fuller MAYOR
ATTEST:
/s/ Russell A. Jones, CMC
CITY CLERK
Legal Run 05/04/2023
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STORAGE TREASURES AUCTION
Extra Space Storage will hold a public auction to sell personal property described below belonging to those individuals listed below at the location indicated:
1242 N Dean Rd, Auburn, AL 36830 Thursday, May 11, 2023 at 10:00AM
Unit 359
The auction will be listed and advertised on www.storagetreasures.com. Purchases must be made with cash only and paid at the above referenced facility in order to complete the transaction. Extra Space Storage may refuse any bid and may rescind any purchase up until the winning bidder takes possession of the personal property.
Run Date 5-4-23
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STORAGE TREASURES AUCTION
Extra Space Storage will hold a public auction to sell personal property described below belonging to those individuals listed below at the location indicated:
1412 Opelika Rd. Auburn, AL 36830 Thursday, May 11, at 10:00 am
Unit 256
The auction will be listed and advertised on
www.storagetreasures.com
Legal Run 05/04/2023
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NOTICE OF COURT PROCEEDING
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
Notice of the filing of Petition for Summary Distribution
In the Estate of BRIAN T. WHEAT, deceased.
Notice is hereby given that a Petition for Summary Distribution has been filed in the
LEE COUNTY Probate Office by JOHANNA L. WHEAT on May 2nd, 2023, pursuant to Section 43-2-690, Code of Alabama and that 30 days after the notice of publication hereof, and pursuant to law, the Court shall be requested to enter an Order directing Summary Distribution of the estate of said decedent.
BILL ENGLISH, PROBATEJUDGE
Legal Run 05/04/2023
