INVITATION TO BID
23041
Sealed bids for the
Opelika Police Department Landscaping Project
shall be received at the Opelika City Hall 2nd Floor Conference Room, 204 South Seventh Street, Opelika, Alabama, until 2:00 p.m., local time on Monday, September 18, 2023, and then publicly opened and read aloud. Only bids from competent general contractors will be considered. The successful bidder must be a properly licensed general contractor. The attention of all bidders is called to the provisions of State law governing “General Contractors” as set forth in the Ala. Code §34-8-1, et. seq. (1975) and rules and regulations promulgated pursuant thereto. Bidders must be licensed by the Licensing Board for General Contractors when bids are submitted.
A Mandatory Pre-Bid Conference will be held on Wednesday, September 7, 2023, at 2:00 p.m.
Central Time, Opelika City Hall 2nd Floor Conference Room, at, 204 South 7th Street, Opelika, AL 36801
All bidders must submit with their proposal, contractor’s license number and a copy of the license. State law Ala. Code §34-8-8(b) requires all bids to be rejected which do not contain the contractor’s current license number. Evidence of this license shall be documented on the outside of the sealed bid. All bidders shall possess all other licenses and/or permits required by applicable law, rule or regulation for the performance of the work. The other requirements include:
- State of Alabama Ornamental and Turf Pest Control Supervisor License
- State of Alabama Plant Setting and Maintenance License
Specifications may be obtained from the Purchasing Department located at 204 S 7th Street, Opelika, Alabama, and phone number: 334-705-5120. Bid documents may also be downloaded from the City’s website at www.opelika-al.gov/bids.aspx.
The bidder’s proposal must be submitted on the complete original proposal furnished to him by the City of Opelika. All information in the proposal must be completed by the bidder for the proposal to be accepted.
A certified check or Bid Bond payable to the City of Opelika, Alabama in an amount not less than five percent (5%) of the amount of the bid, but in no event more than $10,000.00 must accompany the bidder’s sealed proposal – refer also to Instructions to Bidders. Performance and statutory labor and material payment bonds for the full contract sum will be required of the successful bidder at the signing of the Contract. The right is reserved by the Owner to reject all Bids and to waive irregularities.
Envelopes containing bids must be sealed, marked, addressed as follows, and delivered to: Lillie Finley, Purchasing/Revenue & Codes Director, City of Opelika, 204 South 7th Street, P.O. Box 390, Opelika, Alabama, 36803-0390. Attn: Opelika Police Department Landscaping Project
LILLIE FINLEY- PURCHASING/REVENUE & CODES DIRECTOR CITY OF OPELIKA
204 SOUTH SEVENTH STREET (36801)
POST OFFICE BOX 390 (36803-0390) OPELIKA, ALABAMA
PH: (334) 705-5121
Legal Run 08/31/2023, 09/07/2023 & 09/14/2023
IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA
IN THE MATTEROF THE ESTATE OF JAMES RICHARD WATSON, DECEASED
CASE NO.: 2023-436
NOTICE TO CREDITORS
Letters Testamentary of said deceased having been granted to Benjamin H. Parr, Personal Representative on the 23rd day of August, 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.
Legal Run 08/31/2023, 09/07/2023 & 09/14/2023
IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA
IN THE MATTER OF THE ESTATE OF DOROTHY ANN WOODARD WESSON, DECEASED
CASE NO.: 2023-391
NOTICE TO CREDITORS
Letters Testamentary of said deceased having been granted to Eric N. Weldon, Personal Representative on the 23rd day of August, 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.
Eric N. Weldon
Legal Run 08/31/2023, 09/07/2023 & 09/14/2023
IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA
IN THE MATTER OF THE ESTATE OF:
VICKI MILLER PIERCE, Deceased
Case No.: 2023-456
NOTICE TO CREDITORS
Letters Testamentary of said deceased having been granted to Adam L. Pierce, Personal Representative on the 6th day of September, 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 he same within time allowed by law or the same will be barred.
Adam L. Pierce
Legal Run 09/14/2023, 09/21/2023 & 09/28/2023
————– STATE OF ALABAMA
LEE COUNTY PROBATE COURT
ESTATE OF DONALD J. DAVIS
DECEASED
CASE NO. 2023-452
NOTICE OF APPOINTMENT OF
PERSONAL REPRESENTATIVE
Letters Testamentary of said Donald
J. Davis, deceased having been
granted to Paul E. Tate Jr., this 6th
day of September, 2023, 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
barred. Paul E. Tate Jr., Personal
Representative
Legal Run 09/14/2023, 09/21/2023 &
09/28/2023
NOTICE OF CIVIL ACTION
Jeremy Hillyard, whose whereabouts is unknown, must answer BC Stone Homes, LLC’s complaint for breach of contract and other relief by October 14, 2023, or, thereafter, a
judgment by default may be rendered against him in case number 43-CV-2023-900119, Circuit Court of Lee County.
Done the 6th day of September, 2023.
MARY ROBERSON, CLERK OF THE CIRCUIT COURT OF LEE COUNTY
Blake L. Oliver
SAMFORD & DENSON, LLP
P.O. Box 2345
Opelika, AL 36803-2345
Telephone (334) 745-3504
Facsimile (334) 745-3506 Email: oliver@samfordlaw.com
Attorney for BC Stone Homes, LLC
Legal Run 09/14/2023, 09/21/2023, 09/28/2023, & 10/05/2023
IN THE MATTER OF THE ESTATE OF MAE DELL DOWELL, DECEASED.
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
Case No: 2023-427
Letters Testamentary on the estate of said decedent having been granted to the undersigned on the 22nd day of August, 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.
MICHAEL WILSON and ROSIE TORBERT
Co-Personal Representatives
Robert H. Pettey
Samford & Denson, LLP
P.O. Box 2345
Opelika, AL 36803-2345
Legal Run 08/31/2023, 09/07/2023 & 09/14/2023
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, September 26, 2013 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 2:30 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 owner, for preliminary approval of Fox Path Subdivision consisting of 29 lots accessed from Highway 29 North.
B Final Plat
2.A request by Flowers & White Engineering, LLC, authorized representative for McIntyre Home Builder, LLC, property owners, for final plat approval of the Anderson Lakes Plat No. 2 subdivision plat consisting of 24 lots accessed from 2800 Anderson Road.
C. Conditional Use – Public Hearing
3.A public hearing on a request by Base Hits, LLC, property owners, for a conditional use approval to construct a duplex on separate lots at 1595 Auburn Street and 1605 Auburn Street. The two lots are in a R-3 zoning district.
4.A public hearing on a request by Foresite Group, LLC and QuikTrip Corporation, authorized representative for Food Services of Tallahassee, Inc., property owners, for a conditional use approval for a QuikTrip gas station and convenience store in a C-3, GC-P zoning district at 920 Columbus Parkway.
D. Other Business
- A request by Howard Porter, authorized representative for PFI, Ltd, property owner, concerning an amendment to the exterior building materials for a 140,000 square foot warehouse (Bldg #3) at the corner of Marvyn Parkway & Orr Avenue. The distribution warehouse and manufacturing development was granted conditional use approval at the November 2020 Planning Commission meeting and at the May 2023 PC meeting an amendment was approved to add manufacturing and assembly uses.
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 09/14/2023
IN THE CIRCUIT COURT OF LEE COUNTY, ALABAMA
KRISTINA HADAWAY, Plaintiff, v. Case No. CV-23-21
Lot Number Eighty-Six in HALLWAY SUBDIVISION – SECOND ADDITION, according to and as shown by map or plat of said subdivision recorded in Town Plat Book 6, at Page 169 in the Office of the Judge of Probate of Lee County, Alabama; together with all improvements thereon and appurtenances thereunto appertaining.
SUBJECT TO, HOWEVER, the conditions, limitations and restrictions set forth in the declaration executed by W. D. Wittel, et al, dated June 13, 1964, of record in
Deed Record Book 663, at Page 252 in the Office of the Judge of Probate of Lee County, Alabama.
Any unknown heirs or assigns of Hagiko Foster, Deceased
Fictitious parties AB, CD, and EF, Defendants,
PUBLICATION NOTICE
The Defendants unknown heirs or assigns of Hagiko Foster, deceased, or any other party or incompetent claiming an interest in the above described property must answer the complaint of the Plaintiff seeking to quiet title in the above described real property within 30 days of the date of the last publication of this notice, or thereafter a judgment by default may be rendered against the said Defendants.
MARY B. ROBERSON
CIRCUIT CLERK
Legal Run 09/07/2023, 09/14/2023, 09/21/2023 & 09/28/2023
NOTICE TO CREDITORS
ESTATE OF SARAH JEANETTE FOSTER, DECEASED
PROBATE COURT LEE COUNTY
CASE NO.2023-437
NOTICE TO CREDITORS
Take Notice that LETTERS TESTAMENTARY of the Estate of SARAH JEANETTE FOSTER are hereby granted to Sharon Elaine Tucker and Deborah Diane Griffin as Co-Personal Representatives on the 29th day of August,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 time allowed by law or the same will be barred.
Sharon Elaine Tucker
Deborah Diane Griffin
Legal Run 09/07/2023, 09/14/2023 & 09/21/2023
NOTICE TO CREDITORS
ESTATE OF KAREN AMLING, DECEASED
PROBATE COURT LEE COUNTY
CASE NO.2023-207
NOTICE TO CREDITORS
Take Notice that LETTERS TESTAMENTARY of the Estate of KAREN AMLING are hereby granted to David McKibben on the 24th day of August,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 time allowed by law or the same will be barred.
David McKibben
Legal Run 09/07/2023, 09/14/2023 & 09/21/2023
IN THE MATTER OF THE ESTATE OF WILLIAM JERRELL ASKEW, DECEASED.
IN THE PROBATE COURT OF LEE COUNTY, ALABAMA
Case No: 2023-428
Letters Testamentary on the estate of said decedent having been granted to the undersigned on the 22nd day of August, 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.
JERRI LYNN ASKEW KONECNY
Personal Representative
Robert H. Pettey
Samford & Denson, LLP
P.O. Box 2345
Opelika, AL 36803-2345
(334) 745-3504
Legal Run 08/31/2023, 09/07/2023 & 09/14/2023
CITY OF OPELIKA
SYNOPSIS OF ZONING NOTICE
The City Council of the City of Opelika will hold a public hearing on Tuesday, October 3, 2023, at 6:00 p.m. in the Courtroom of the Opelika Municipal Court Building, 300 Martin Luther King Boulevard, Opelika, Lee County, Alabama, to consider the adoption of an ordinance to amend the Zoning Ordinance and the Zoning Map of the City of Opelika by rezoning or redistricting the parcel of land hereinafter described so as to change such parcel from one class of district to another class of district, as follows:
From a R-3 District (Low-Density Residential District) to a Planned Unit Development (PUD), the parcel of land hereinafter described:
A tract or parcel of land being a part of Lot 2 of Church of the Highlands Addition to Opelika Plat No. 1 as recorded in Plat Book 47, Page 54, Probate Office, Lee County, Alabama and located in Section 28 and Section 33, Township 20 North, Range 27 East, Lee County, Alabama, being more particularly described as follows: Commence at the northeast corner of said Section 33; thence S01˚14’41”E 101.65 feet to the point of beginning; thence S01°14’41”E 336 feet more or less to the center of an existing creek; thence southwesterly 3345 feet more or less along the center of said creek; thence continue along said creek a chord bearing and distance of N72˚38’35”W 1467.14 feet to the east right-of-way limit of Andrews Road; thence along said east right-of-way limit N46˚32’40”E 324.99 feet; thence continue along said east right-of-way limit along a curve to the left having a radius of 2331.83 feet, an arc length of 600.94 feet, and a chord bearing and distance of N38˚59’40”E 599.28 feet; thence continue along said east right-of-way limit N31˚40’38”E 641.65 feet; thence continue along said east right-of-way limit N31˚40’33”E 483.40 feet; thence continue along said east right-of-way limit N26˚30’37”E 592.89 feet; thence continue along said east right-of-way limit N21˚43’19”E 57.64 feet; thence continue along said east right-of-way limit along a curve to the right having a radius of 1105.92 feet, an arc length of 552.23 feet, and a chord bearing and distance of N35˚43’34”E 546.52 feet; thence continue along said east right-of-way limit N49˚52’08”E 69.77 feet; thence continue along said east right-of-way limit along a curve to the left having a radius of 1185.92 feet, an arc length of 603.86 feet, and a chord bearing and distance of N35˚27’11”E 597.36 feet; thence continue along said east right-of-way limit N19˚49’15”E 12.97 feet; thence continue along said east right-of-way limit along a curve to the right having a radius of 778.51 feet, an arc length of 526.44 feet, and a chord bearing and distance of N40˚15’59”E 516.47 feet to the west right-of-way limit of Anderson Road; thence along said west right-of-way limit S84˚36’17”E 81.26 feet; thence continue along said west right-of-way limit S49˚02’50”E 325.55 feet; thence continue along said west right-of-way limit along a curve to the right having a radius of 2815.09 feet, an arc length of 681.73 feet, and a chord bearing and distance of S42˚00’37”E 680.07 feet; thence continue along said west right-of-way limit S35˚04’21”E 333.16 feet; thence leaving said right-of-way limit S54˚55’38”W 245.33 feet; thence S01˚06’32”E 204.14 feet; thence S28˚42’38”E 95.65 feet; thence S09˚35’19”E 491.86 feet; thence S39˚19’12”E 39.90 feet; thence S15˚06’03”E 82.62 feet; thence S12˚37’52”E 69.65 feet; thence S05˚30’50”W 28.19 feet; thence S08˚17’36”E 60.73 feet; thence S03˚39’04”W 48.53 feet; thence S05˚14’15”W 39.18 feet; thence S00˚36’07”W 35.39 feet; thence S07˚47’03”W 127.98 feet; thence N88˚47’05”E 515.75 feet to the point of beginning.
The above-described property, containing approximately 197 acres, is located in the 3400 block of Anderson Road at the intersection of Anderson Road and Andrews Road.
The Development Plan (Master Plan) provides for a mixed residential development consisting of approximately 342 single-family home lots and 165 town home lots. The development plan shows planned amenity areas and open spaces, including a phased amenity area featuring a pavilion and restrooms, a pool and playground. The development plan shows four (4) entry points into the development from Anderson Road and Andrews Road. The proposed density is 2.57 units per acre.
Public Notice of this public hearing with insertion of the proposed ordinance was first published on September 7, 2023, in the Opelika Observer. This notice is given pursuant to Sections 11-52-77 and 11-52-78 Code of Alabama (1975). The City Council reserves the right to modify or alter any of the proposed amendments to the Zoning Ordinance.
At said public hearing all who desire to be heard will have the opportunity to speak for or in opposition to the adoption of the 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 September, 2023.
/s/Russell A. Jones, CMC CITY CLERK OF THE CITY OF OPELIKA, ALABAMA
Legal Run 09/14/2023
ORDINANCE NO. 025-23
AN ORDINANCE AMENDING OPS GENERAL SERVICE RULES AND REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF OPELIKA,
AS AMENDED, BY AMENDING SECTIONS 28-401, 28-404, 28-405, 28-406,
28-407, 28-414, 28-415, 28-416, 28-417, 28-422, 28-426, 28-428, 28-429;
AND ADDING NEW SECTION 28-406.1 ENTITLED “PREPAID SERVICE”
BE IT ORDAINED by the City Council (the “Council”) of the City of Opelika, Alabama (the “City”) as follows:
Section 1. Amendment to Section 28-401. That Section 28-401 of the Code of Ordinances entitled “General”, is hereby amended to read as follows:
Sec. 28-401. – General.
These rules and regulations are intended to set forth the rights and obligations of the city as well as those of the customer with respect to the supply and use of electric. These rules and regulations are established as and for the conditions under which the city will provide services to a customer. This article covers most of the recurring situations where standardized policies and practices have been established. To the extent necessary, the Director of Opelika Power Services shall cause to be prepared such supplementary administrative rules, specifications and forms as are consistent and necessary to properly enforce these general rules and regulations.
Section 2. Amendment to Subsections 28-404(7) and (9). That Subsections 28-404(7) and (9) of Section 28-404 of the Code of Ordinances entitled “OPS’ right to refuse or discontinue service”, is hereby amended to read as follows:
Sec. 28-404. – OPS’ right to refuse or discontinue service.
(7)The customer’s failure to pay any bill before the disconnect date as provided in
Section 28-415.
(9) A person of the household requesting service or installation of service equipment owes OPS a delinquent amount for service equipment previously provided, whether to the same or different premises.
All other subsections or parts thereof of Section 28-404 shall remain in full force and effect.
Section 3. Amendment to Section 28-405. That Section 28-405 of the Code of Ordinances entitled “Application for service”, is hereby amended to read as follows:
Sec. 28-405. – Application for service.
Each prospective customer desiring electric, or any other service shall be required to sign OPS’ standard form of application for service or a contract before service is supplied by OPS. Requests for new service must be made in person at OPS’ customer service center located at 600 Fox Run Parkway.
When applying for new service, proof of identification is required. Two (2) forms of identification (government issued) are required to establish service with at least one being from the primary forms list. One item of ID must include a photograph of the applicant. Acceptable identification:
PRIMARY FORMS
Valid Driver’s License
State-Issued Non-Driver’s License ID with photo—Not expired
US Passport
Gun Permit with Photo
US Military ID Card
FAA Issued Pilots License
Matricula Consular ID Card or similar forms if ID issued by other national governments
Federal Government issued ID – not expired
Permanent resident card or alien registration receipt card (Form I-551)
Foreign passport with Form I-94 or I-94A
Employment authorization document that contains a photograph (Form I-766)
US Naturalization Document
SECONDARY FORMS
Social Security Card
Birth Certificate (certified copy)
Voters Registration
Medicaid or Medicare Number (can verify number on Online Utility Exchange)
W-2 Forms
Individual Tax Identification Number (ITTN)
Hunting, Fishing, or Gun permit (without photo)
Selective Service Identification Card
Naturalization Document
Employee Identification Card
Bureau of Indian Affairs Card or American Indian Card
Certificate of citizenship issued by U.S. Citizenship and Immigration Services
The customer’s service will not be connected to OPS’ system until all applicable conditions and provisions of these rules and regulations have been met. Electric service will be connected the same day if application is made prior to noon pending approval from the inspections department and if required, pending verification of all required documents and payment of all fees and deposits.
The application process, as accepted by OPS, constitutes a contract and will become effective on the day the customer is provided service by the city. Under some circumstances OPS may require that the customer enter into a separate written agreement for service. Any agreement executed between OPS and the customer shall be in effect on the day specified as the effective date in the agreement.
Section 4. Amendment to Section 28-406. That Section 28-406 of the Code of Ordinances entitled “Deposits”, is hereby amended to read as follows:
Sec. 28-406. – Deposits.
(a)Residential, Commercial and Industrial Deposits. Electric and refuse deposits may be required according to the customer’s credit rating for residential customers. Deposit is due the day the customer signs up for service, but the Customer Service Supervisor can make the decision to bill the deposit on the first bill. If this is done, the deposit will be due with the first bill. The deposit is a guarantee toward the payment of all bills and the protection of OPS’ equipment on the customer’s premises for residential customers and will be in the form of cash, check or card. All commercial and industrial customers are required to have a deposit on file in the form of cash, check, card, approved surety bond or irrevocable letter of credit. When service is terminated, deposits will be applied by OPS against any unpaid bills of the customer. OPS requires a separate deposit for each customer account. Deposits remain on file until services are disconnected or final billed or the deposit is refunded to the customer. Deposit amounts are as follows:
Electric Residential Deposit:
Based on Experian National Risk Model = $0.00 (Green)
Based on Experian National Risk Model = $200.00 (Yellow)
Based on Experian National Risk Model = $300.00 (Red) up to two times the preceding twelve month average at the service location
Electric Commercial Deposit:
$300.00 minimum or two times the estimated high bill at location. If a new service location, the estimated bill will be determined by OPS using load data provided by the customer. The deposit may be reviewed and adjusted after one year of usage
Garbage/Refuse Deposit
Based on Experian National Risk Model = $0.00 (Green)
Based on Experian National Risk Model = $25.00 for OPS power customers and $50.00 for non-OPS power customers
Note: A yellow flagged customer may have a deposit waived based on past bill payment experience with OPS. If a customer wanting telecom service has no non-sufficient funds or returned checks, they may qualify for no deposit for telecom services. The management of OPS or their designee will make that determination based on a customer’s past payment experience and the Experian risk model information. All customers that are flagged yellow will be considered equally when determining their qualification for deposit waiver
(b)Master Deposits and Auto Reinstate. Landlords who own multiple units at one location may choose to put up a master deposit of $50.00 per residential unit and $100.00 per commercial unit (enough to cover two months of a minimum bill). Landlords who are on auto reinstate do not pay the new service fees after the first time they are charged when the bill is in the landlord’s name. They also do not put up a full deposit. The landlord cannot let the tenant move into the premises under landlord’s name. If the landlord begins letting tenants move in under their name and deposit, the landlord will be removed from auto reinstate. The purpose of the master deposit is for the landlord not to have to come into the office or call to put service into their name in order to get the unit cleaned and/or repaired for the next tenant. Units with a master deposit on file will automatically go back to the landlord’s name when the tenant asks for service to be taken out of their name. If the tenant’s service is disconnected for nonpayment, the landlord will need to call the office and ask for service to be restored after determining that the tenant has left the premises. The master deposit stays on file as long as the landlord owns the properties and remains on auto reinstate.
Section 5. Section 28-406.1 added. That Chapter 28 of the Code of Ordinances is hereby amended by adding a section to be numbered 28-406.1, which said section shall read as follows:
Sec. 28-406.1 Prepaid Service
(a)General. Prepaid billing will only be available to residential services. Customers choosing a prepay service will be exempt from paying a deposit but a service fee to start service will be required. The customer must maintain at least one form of communication with OPS, or he/she will be removed from prepay and will be subject to the same deposit and credit scoring requirements for post-pay customers.
Customers are discouraged from making payments via mail remittance due to delays in mail delivery and other issues, such as post mail, which may result in service disconnection. Likewise, payments made via the night drop depository will not be applied to an account until the next business morning.
When using alternate payment locations, the customer assumes responsibility for assuring payments are made at authorized locations. Authorized locations can be found by visiting www.opelikapower.com. Payments made at unauthorized third-party locations will not be processed in real time and delays in account postings may result in disconnection of service. In such events, service will not be reconnected unless the outstanding balance is paid at that time. Electronic Funds Transfer (EFT) transactions, bank draft and recurring credit card payments are not acceptable payments for prepay.
Prepay customers will receive notification by email any time their balance drops below $20.00. It is the customer’s responsibility to ensure that OPS has a current email address to send any messages. The customer can also download “Smarthub” to their smart phones and receive notification via text messages. The customer will be responsible for ensuring that OPS has an up-to-date telephone number to send messages. The customer is responsible for any SMS/text messaging charges.
When the customer’s balance drops to $0.00 or below, an email notification will be sent to customer that they will be disconnected unless the minimum balance is paid that morning. Service will not be disconnected before 8:00 a.m. and will be disconnected no later than 2:00 p.m. the same day. Service will not be disconnected on the weekends or holidays observed by the City of Opelika, including: New Year’s Day, Martin Luther King Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the Day after Thanksgiving Day, Christmas Eve and Christmas Day. Service will also not be disconnected any time the National Weather Service predicts that the temperature will drop below 32 degrees Fahrenheit.
Because service is disconnected at any time the balance drops to $0.00 or below, customers on life support are not eligible to be on a prepay account.
An access fee of $.75 per day plus the charge for energy used will be charged. The rate per kwh is the same as a non-prepay customer. If a customer has garbage service or unmetered lighting, the flat rate fee will be divided by 30 days and will be part of the daily amount deducted from the customer’s account.
Customers having an outstanding balance before starting prepay will have any deposit on file credited to their account and 35% of every future payment will be applied to the outstanding balance until paid in full.
(b)Payments for Prepay Services. Since this billing service is a prepayment of future electric usage, there will not be a bill/delinquent statement issued monthly to those customers who choose to utilize this service. Billing information will be available online with electric usage availability through the website.
Furthermore, a delinquent notice will not be mailed, nor will a charge be assessed to those customers who choose to utilize this service. Payments are made in advance by these customers; however, if a customers fails to maintain a credit balance on their electric account, the customer’s electric service may be disconnected and subject to a minimum payment of $40.00 as well as the current charges incurred before the disconnection.
Once the minimum payment has been received for reconnection, a signal will be sent to arm the meter immediately unless factors outside OPS control prevent reconnection. The customer will have to press the button on the meter to reconnect the service.
Prepay accounts that have a returned payment will be disconnected the next business day if the return payment puts their balance below $0.00. Notification by letter will not be sent to the customer. OPS will send an email notification to the customer the day the returned payment is received. If a prepay customer’s account is disconnected for a returned payment, the outstanding balance, as well as $40.00 in cash or money order, will be required to reconnect the service.
Prepay accounts that are disconnected and not reconnected within seven (7) days of the disconnection will be final billed. The customer will have to set up service again and pay new service fees as well as making a payment to start prepay billing.
Customers that have been disconnected more than three times in a twelve-month period may be required to begin prepay service. These customers will have to stay on prepay service for at least one (1) year before asking to be removed. If the customer is disconnected while on prepay service, he/she will not be allowed to switch back to regular billing.
Service under this rate is subject to possible fuel cost and tax adjustments and includes any special rules governing the application of this rate. Service to more than one premises shall not be combined nor shall it be resold or shared with others.
Section 6. Amendment to Section 28-407. That Section 28-407 of the Code of Ordinances entitled “Payments” is hereby amended to read as follows:
Sec. 28-407. – Payments.
(a)Payments can be made in person at OPS’ customer service center located at 600 Fox Run Parkway. Office hours are 8:00 a.m. to 4:30 p.m., Monday thru Friday, except for holidays. For the customer’s convenience, a drive-thru window and night depository is provided at this location. OPS will not be responsible for night deposit cash payments.
Payments can be mailed to:
Opelika Power Services
Post Office Box 2168
Opelika AL 36803-2168
Online payments can be made 24/7 at www.opelikapower.com, as well as by telephone. Cash only payments can be made at over thirty (30) authorized off-site locations. Payments are posted to the account immediately.
Bank draft is offered free of charge, subject to a $500.00 limit. Billing statement notifications will be provided each month stating the draft date and amount.
Recurring credit cards are offered free of charge, subject to a $500.00 limit. Billing statement notification will be provided each month stating the amount of the bill and the date the funds will be charged to the card.
When using alternate payment locations, the customer assumes responsibility for assuring payments are made at authorized locations. Authorized locations can be found by visiting www.opelikapower.com. Payments made at unauthorized third-party locations will not be processed in real time and delays in account postings may result in disconnection of service. In such events, service will not be reconnected unless the outstanding balance is paid at that time.
(b) Returned payments. A written notice will be sent upon receipt of a returned payment except for customers on a prepaid account (prepaid accounts will be disconnected the next business day). OPS will send the customer an email the day the return comes in. If a prepaid customers account is disconnected for a returned payment the outstanding balance as well as $40.00 in cash or money order will be required to reconnect the service. Customers will have five (5) calendar days from the date of the letter in which to redeem the returned payment. A thirty dollar ($30.00) redemption fee (or no more than the maximum amount allowed by the Code of Alabama, 1975) will be assessed. If the returned payment is not redeemed, the electrical service will be scheduled for disconnection and a fifty dollar ($50.00), or the current non-payment fee will be assessed. Once an account has been scheduled for disconnection, the returned payment, all fees and all outstanding account balances must be paid with cash in full. After two (2) returned payments for insufficient funds in a twelve (12) month period, accounts will be placed on a “cash only” status. All other returned checks (closed account, stop payment, etc.) are placed on “cash only” immediately. If a customer is placed on “cash only” status, he/she is required to pay with cash or money order for a period of one year. At the expiration of one year, other forms of payment will again be accepted on the account. Checks must be redeemed by cash payment at OPS’ customer service center located at 600 Fox Run Parkway. Night deposit, mail, web and debit or credit card payments will not be accepted for returned payment redemption. Accounts reflecting a returned payment are subject to review. An increase in deposit may be required. Service will be terminated immediately, without notification, if a deposit payment is returned unpaid by the customer’s bank, or if an account payment is returned on a closed bank account.
(c)Returned bank drafts. Any returned bank drafts will be treated the same as any returned payment. There will be a thirty-dollar ($30.00) redemption fee (or no more than the maximum amount allowed by the Code of Alabama, 1975) for each return draft. Drafts will not be re-submitted and must be redeemed by cash payment at the customer service center. After two (2) return drafts, the account will be removed from bank draft and placed on a “cash only” status and the above stated rules apply. To remove an account from bank draft, the customer may call OPS’ customer service center at 334-705-5170. All pending bank drafts must have cleared the customer’s bank in order to be removed from bank draft. Pending bank drafts cannot be changed or stopped.
Section 7. Amendment to Section 28-414. That Section 28-414 of the Code of Ordinances entitled “Billing” is hereby amended to read as follows:
Sec. 28-414. – Billing.
OPS will send paper bills and delinquent notices by U.S. Mail by default. Customers who choose paperless billing will receive their bills through email. It will be the customer’s responsibility to give OPS a current and correct email address. It will also be the customer’s responsibility to keep their telephone numbers current and correct if they wish to receive notification by IVR the day before disconnection. Failure to update telephone numbers and email addresses current will not keep the customer from the obligation of payment or from being disconnected if the bill is not paid. OPS will not be responsible if the website is down and payment cannot be made before a late fee or non-pay fee is added to the customer’s account or if payment cannot be made in order to reconnect service.
Bills will be rendered monthly and shall be paid by the due date or delinquent date specified on the bill. This bill shall be electronic, by default, unless the customer requests a paper bill. Due dates shall be established at such periods after billing dates as are specified by OPS. The delinquent date shall not be earlier than ten (10) days after the billing date. Due dates can be changed once and only once and will take effect with next billing after the change is made. Bills paid after the delinquent date specified on the bill shall be subject to an additional late charge of the greater of five dollars ($5.00) or five (5) percent of the bill amount. Delinquent accounts are subject to review and may result in the requirement of additional deposit. Failure to receive a bill due to mail delivery, electronic or other reasons will not release customer from payment obligation. If the due date of a bill falls on a Saturday, Sunday, or holiday, the next business day following the delinquent date shall be held as the delinquent date for delivery of payment at OPS’ main office or authorized collection agency. Customer shall be obligated for payment of expenses associated with being delinquent and the notification of termination of service, which amounts shall be specified on the notice. Bills shall be paid in lawful United States currency or coin or other acceptable form of payment such as credit card. Customer shall also be obligated to pay OPS an amount established by OPS for expenses incurred by OPS in the processing of checks improperly drawn, not acceptable for processing using normal commercial banking practices, or returned to OPS unpaid by customer’s bank.
Payments made with a credit or debit card may be charged a transaction fee for each transaction made. The transaction fee shall not be more than the average the of charge the financial establishment charges OPS. This fee may change periodically depending on the average from the financial establishment and is not for the profit of OPS.
1)Electric budget billing – OPS offers “budget billing.” The system calculates a monthly budget amount for electricity, which is based on the past twelve (12) month’s consumption/charge history. Budget bills are re-calculated each December. Budget amounts may increase or decrease based on the customer’s consumption for the past twelve (12) months. If an account is terminated from budget billing, deferred balances will be due and payable at that time. Accounts are subject to review prior to being set up for budget billing as certain criteria may apply.
2)Minimum bills – OPS may not disconnect electrical service to any premise for nonpayment of a delinquent bill that is less than ten dollars ($10.00). Furthermore, a delinquent penalty shall not be added to a delinquent bill unless the amount of the account exceeds nine dollars and ninety-nine cents ($9.99) on regular accounts, which does not apply to prepaid accounts.
The director or his/her designee shall have the right to extend the time of payment of any account in the event of undue hardship. It is the intention of this section that the director or his/her designee shall grant an extension only to overcome some exceptional difficulty that prevents the customer from paying his/her bill by the due date or to avoid a situation that threatens the life or safety of the occupants of any premises served by OPS.
Section 8. Amendment to Subsections 28-415(a), (b), (d), (e) and (g). That Subsections 28-415(a), (b), (d), (e) and (g) to Section 28-415 of the Code of Ordinances entitled “Discontinuance of service by OPS for non-payment, are hereby amended to read as follows:
Sec. 28-415. – Discontinuance of service by OPS for non-payment.
(a)At any time after a customer’s account has become delinquent, OPS shall give to the customer at least five (5) days’ written notice of its intention to discontinue service of his/her account. This notice will be electronic, by default, unless the customer requests a paper notice. After the lapse of period specified in the written notice, if the account has not been paid in full, OPS, notwithstanding any deposit referred to in Section 28-406, may then discontinue service without further notice subject to the following specific provisions:
(1) The customer shall have the right of paying such delinquent account, which shall include any subsequent bill for service which has become delinquent, at any time prior to the actual disconnection of his/her service.
(2)Payment by the customer, as set out in subsection (1), at OPS shall not affect OPS’ right during the day payment is received to disconnect service for non-payment, if such payment is unknown to employee disconnecting such service.
(3)No service shall be cutoff for non-payment after 3:30 p.m. on any date immediately preceding a day or days when OPS’ business office will be closed.
(4)No residential electric service shall be disconnected for non-payment when the temperature at that location is forecasted to be 32° Fahrenheit or below for that calendar day. The controlling forecasted temperature for a particular location shall be the temperature forecasted by the national weather service for that location on the calendar day in question.
(b)The notice required in subsection (a) shall have a heading, in bold letters, of “disconnect notice”, “termination notice”, “final notice” or “cutoff notice”. Such notice shall also state the telephone number and address of OPS where the customer may make inquiry about the written notice or any dispute concerning the notice. OPS shall delegate to at least one employee in its customer service office the authority to change any service billing that is in error.
(d)Whenever service is scheduled for disconnect for non-payment, a nonpay fee in the amount of fifty dollars ($50.00) for each respective service shall be added to the customer’s delinquent account and shall become due and payable as part of the account for service rendered.
(e)Notice of OPS’ intention to discontinue service as required in subsection (a) shall be considered to be given to the customer when the electronic notice is sent to the customer. If a paper notice is sent and posted in the United States mail, it shall be delivered to the post office at least five (5) calendar days before service is to be disconnected.
(g)Life Support. The customer is responsible for notifying OPS, in writing, with letter from the attending physician, if a life-support system is present in the residence. A life support letter will not avoid disconnection of service but the meter tech will attempt to notify those customers at the premises. A customer who has notified OPS of life support in the home will be notified of scheduled disconnections in the area. It will be the customer’s responsibility to make sure that OPS has the customers current contact information.
All other subsections or parts thereof of Section 28-415 shall remain in full force and effect.
Section 9. Amendment to Subsection 28-416(7). That Subsection 28-416(7) of Section 28-416 of the Code of Ordinances entitled “Discontinuance or suspension of service for reasons other than non-payment of service bill” is hereby amended to read as follows:
Sec. 28-416. – Discontinuance or suspension of service for reasons other than the non-payment of service bill.
(7)For failure of the customer to fulfill his/her contractual obligations for service.
In the event service is disconnected due to a hazardous condition through no fault of the customer, the non-pay charge will not apply.
All other subsections or parts thereof of Section 28-416 shall remain in full force and effect.
Section 10. Amendment to Section 28-417. That Section 28-417 of the Code of Ordinances entitled “Connect, reconnect and disconnect services and charges” is hereby amended to read as follows:
Sec. 28-417. – Connect, reconnect, and disconnect services and charges.
OPS has established and will collect standard charges to cover the reasonable average cost, including administration of connecting service, reconnecting service, or disconnecting service. Higher charges may be established and collected when connections and/or reconnections are performed after normal office hours, or when special circumstances warrant. When connecting service, a connection fee of forty dollars ($40.00) will be assessed and is non-refundable. Proof of identification is required. All previous account balances must be paid in full prior to transferring service. Requirements to update the customer’s electric and/or refuse deposit may exist. A twenty-five dollar ($25.00) fee is required for electric and refuse service transfer. This fee is non-refundable.
Request for service disconnection may be initiated by calling OPS’ customer service center at 334-705-5170. Information verification is required. Deposits will be applied to any outstanding account balance. Statements will be mailed approximately seven (7) to ten (10) days after termination of service. Refund checks are mailed independently of statements. A service call fee of eighty dollars ($80.00) will be assessed for problems beyond OPS’ control and not within its responsibilities or if the service call was unwarranted in the judgment of OPS. OPS does not reconnect service after hours except in emergency situations. If service is reconnected after 4:30 p.m., or on a Saturday, Sunday or legal holiday, an after hour service charge of one hundred twenty dollars ($120.00) will be required. Accounts will be scheduled for disconnection of service five (5) days after the delinquent date. A fifty dollar ($50.00) non-payment (delinquent) fee will be assessed at that time. Accounts may be assessed a non-payment fee without being disconnected. The disconnect fee is considered part of the account balance. Accounts scheduled for disconnection are subject to review; a deposit increase may be required.
Section 11. Amendment to Section 28-422. That Section 28-422 of the Code of Ordinances entitled “Power quality degradation caused by customer” is hereby amended to read as follows:
Sec. 28-422. – Power quality degradation caused by customer.
Electric service must not be used in such a manner as to cause unusual fluctuations or disturbances to OPS’ system or to the electric service provided by OPS. OPS may require the customer, at his/her own expense, to install suitable apparatus which will reasonably limit such fluctuations or disturbances.
Section 12. Amendment to Section 28-426. That Section 28-426 of the Code of Ordinances entitled “Notice of trouble” is hereby amended to read as follows:
Sec. 28-426. – Notice of trouble.
The customer shall notify OPS immediately should the service be unsatisfactory for any reason, or should there be any defects, trouble, or accidents affecting the supply of electricity. Such notices, if verbal, shall be confirmed with a service order.
Section 13. Amendment to Section 28-428. That Section 28-428 of the Code of Ordinances entitled “Meter tests” shall be amended to read as follows:
Sec. 28-428. – Meter tests.
OPS will from time to time make tests or inspections of its meters and billing records and will make special tests or inspections of its meters and billing records at the request of a customer. If a test or inspection shows that the customer’s bill is accurate within two (2) percent, no adjustment will be made in the customer’s bill, and if the test or inspection was requested by the customer, a testing charge in the amount of fifty dollars ($50.00) shall be charged to the customer. If a test or inspection shows that the customer’s bill is more than two (2) percent high or low, OPS will adjust the customer’s bill and the cost of any meter test requested by the customer will be borne by OPS. OPS will not collect from or reimburse the customer any undercharge or overcharge applicable to periods more than thirty-six (36) months prior to the date of the test or inspection.
Section 14. Amendment to Section 28-429. That Section 28-429 of the Code of Ordinances entitled “Filing and posting” shall be amended to read as follows:
Sec. 28-429. – Filing and posting.
A copy of these rules and regulations shall be kept open to inspection at the offices of OPS.
Section 15. Amendment to Section 28-430. That Section 28-430 of the Code of Ordinances entitled “Scope” shall be amended to read as follows:
Sec. 28-430. – Scope.
This schedule of rules and regulations, as amended from time to time, is a part of all contracts for electric service from OPS and applies to all service received from OPS, whether the service is based upon contract, agreement, signed application, oral application, telephone conversation, or otherwise. OPS’ obligation to provide electric service shall be subject to all limitations contained in the contracts under which OPS buys electric power from the state municipal electric authority or otherwise provided by applicable laws, rules, or regulations.
Section 16. Repealer Clause. That all former ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance or the article hereby adopted are repealed.
Section 17. Severability. If any section, clause, provision or portion of this Ordinance shall be held to be invalid or unconstitutional by any Court of any competent jurisdiction, said holding shall not affect any other section, clause, provision or portion of this Ordinance which is not in or of itself invalid or unconstitutional.
Section 18. Construction. If any section, paragraph, sentence or word of this Ordinance or the article hereby adopted be declared for any reason to be invalid, it is the intent of the City Council that it would have passed all other provisions of this Ordinance and the article hereby adopted independent of such portion that may be declared invalid.
Section 19. Effective Date. This Ordinance and the article hereby adopted shall take effect and be enforced immediately upon its adoption and publication as required by law.
Section 20. 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 5th day of September, 2023.
/s/ Eddie Smith PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA
ATTEST: /s/ Russell A. Jones, CMC CITY CLERK
TRANSMITTED TO MAYOR on this the 6th day of September, 2023.
/s/ Russell A. Jones CMC CITY CLERK
ACTION BY MAYOR
APPROVED this the 6th day of September, 2023/
/s/ Gary Fuller MAYOR
ATTEST:/s/ Russell A. Jones CMC CITY CLERK
Legal Run 09/14/2023
ORDINANCE NO. 026-23
AN ORDINANCE AMENDING OPS PAYMENT AND COLLECTION OF
RATES AND CHARGES OF THE CODE OF ORDINANCES OF
THE CITY OF OPELIKA, AS AMENDED, BY AMENDING SECTIONS 28-16 AND
28-43; AMENDING OPS ELECTRIC RATES AND CHARGES BY
AMENDING SECTIONS 28-55, 28-55.1, 28-58, 28-59 AND 28-60,
BE IT ORDAINED by the City Council (the “Council”) of the City of Opelika, Alabama (the “City”) as follows:
Section 1. That Section 28-16 of the Code of Ordinances of the City of Opelika is hereby amended to read as follows:
Sec. 28-16. – Opelika Power Services.
Opelika Power Services is an unincorporated department or division of the city created to operate the city’s electrical distribution system. The mayor shall exercise administrative supervision and control over the operations of Opelika Power Services. Any references to “Opelika Light and Power Department” throughout this code shall be changed to and shall mean “Opelika Power Services”.
Section 2. That Section 28-43 of the Code of Ordinances of the City of Opelika is hereby amended to read as follows:
Sec. 28-43. – Complaints and requests for adjustment.
All complaints and requests for adjustments may be submitted to any customer service representative in person or by phone. The customer may also email request to Opelika Power Services as well as request in person. Once the request has been received by OPS, a determination will be made within ten (10) business days, and the customer will be notified if an adjustment will be made.
Section 3. That Section 28-55 of the Code of Ordinances of the City of Opelika is hereby amended to read as follows:
Sec. 28-55. – Residential general service rates and charges; Rate Schedule RS-2016 (Rate Code R).
(a)Availability. This schedule is available in the retail service area of Opelika Power Services (“OPS”), the electric service department of the City of Opelika, Alabama (the “city”).
(b)Applicability. This schedule is applicable for use in private residences, single-family dwelling units, and farms. Energy delivered to each residence, dwelling unit, or farm shall be separately metered, and shall include energy used for incidental, non-commercial purposes (e.g., swimming pools, garages and workshops). This schedule is not applicable to recognized boarding or rooming houses or commercial establishments. Energy taken under this schedule may not be resold or shared with others.
Residential customers meeting the applicability provisions set forth in rate schedule RE-2016 (residential all-electric service) may be served under that rate schedule.
(c)Character of service. Energy and power delivered hereunder shall be alternating current, sixty (60) Hertz, single-phase at OL&P’s option, three (3) phase, at available voltage and at a single delivery point. Separate supplies for the same customer at different voltages or at other delivery points shall be separately metered and billed.
(d)Monthly rates and charges. The following rates and charges for electrical power to residential customers as defined above are hereby approved, adopted, authorized and confirmed:
(1)Basic monthly charge.
a.Customer charge.
For each month a charge of …..$21.50
b.Energy charge.
First 600 kWh …..$0.0855/kWh
For 600 kWh ….$0.0775/kWh
All additional kWh …..$0.0744/kWh
(2)Power cost adjustment. OPS’ power cost adjustment clause PCA-2023, or its successor, is applicable to all energy sales hereunder.
(3)Minimum charge. The minimum monthly charge shall be the customer charge.
(4)Taxes. The monthly bills to the customer hereunder shall, in addition to the other amounts set forth herein, include applicable taxes, payments in lieu of taxes, fees, assessments, and surcharges imposed by any governmental authority and governmental fees applicable to service to the customer imposed by any governmental authority. Such taxes, fees, etc., include, but shall not be limited to, the state utility tax.
(5)Other charges. The customer shall also be responsible for other charges assessed pursuant to the then-currently effective Code of the city.
(e)Payment.
(1) Bills will be rendered monthly on a net basis. Each bill shall be due and payable on the due date shown on that bill. Payments shall be made at the offices of OPS, or at such other place or places as OPS or the city may from time to time designate. The customer shall be subject to the applicable provisions of this Code regarding delinquent payment and non-payment.
(2)Customers hereunder may qualify for “budget billing,” whereby monthly bills shall reflect estimated average monthly charges over a year’s time, subject to being adjusted to reflect actual charges based on actual usage after each twelve (12) consecutive month’s billings. Additional information on budget billing is available at the offices of OPS.
(f)Terms and conditions.
(1)Service hereunder is subject to such additional terms and conditions of service as the city may from time to time duly adopt and set forth in this Code.
(2)This rate schedule may be amended or superseded in whole or in part in accordance with this Code.
(3)This rate schedule shall be effective for bills rendered on and after October 1, 2023.
Section 4. That Section 28-55.1 of the Code of Ordinances of the City of Opelika is hereby amended to read as follows:
Sec. 28-55.1. – Residential all-electric service rates and charges; Rate Schedule RE-2016 (Rate Code E).
(a)Availability. This schedule is available in the retail service area of the Opelika Power Services (“OPS”), the electric service department of the City of Opelika, Alabama (the “city”).
(b)Applicability. This schedule is applicable for use in private residences, single-family dwelling units, and farms where electric energy is the exclusive energy source for space heating, air conditioning, and water heating. Energy delivered to each residence, dwelling unit, or farm shall be separately metered, and shall include energy used for incidental, non-commercial purposes (e.g., swimming pools, garages and workshops). This schedule is not applicable to recognized boarding or rooming houses or commercial establishments. Energy taken under this schedule may not be resold or shared with others.
Residential customers not satisfying the applicability requirements of this rate schedule RE-2016 may be served under rate schedule RS-2007 (residential general service).
(c)Character of service. Energy and power delivered hereunder shall be alternating current, sixty (60) Hertz, single-phase at OPS’ option, three (3) phase, at available voltage and at a single delivery point. Separate supplies for the same customer at different voltages or at other delivery points shall be separately metered and billed.
(d)Monthly rates charges. The following rates and charges for electrical power to all electric residential customers as defined above are hereby approved, adopted, authorized and confirmed.
(1)Basic monthly charges.
a. Customer charge.
For each month a charge of …..$21.50
b. Energy charge.
First 600 kWh @ …..$0.0707/kWh
All additional kWh @ …..$0.0701/kWh
(2)Power cost adjustment. OPS’ power cost adjustment clause PCA-2023, or its successor, is applicable to all energy sales hereunder.
(3)Minimum charge. The minimum monthly charge shall be the customer charge.
(4)Taxes. The monthly bills to the customer hereunder shall, in addition to the other amounts set forth herein, include applicable taxes, payments in lieu of taxes, fees, assessments, and surcharges imposed by any governmental authority and governmental fees applicable to service to the customer imposed by any governmental authority. Such taxes, fees, etc., include, but shall not be limited to, the state utility tax.
(5)Other charges. The customer shall also be responsible for other charges assessed pursuant to the then-currently effective Code of the city.
(e)Payment.
(1)Bills will be rendered monthly on a net basis. Each bill shall be due and payable on the due date shown on that bill. Payments shall be made at the offices of OPS, or at such other place or places as OPS or the city may from time to time designate. The customer shall be subject to the applicable provisions of this Code regarding delinquent payment and non-payment.
(2)Customers hereunder may qualify for “budget billing,” whereby monthly bills shall reflect estimated average monthly charges over a year’s time, subject to being adjusted to reflect actual charges based on actual usage after each twelve (12) consecutive month’s billings. Additional information on budget billing is available at the offices of OPS.
(f)Terms and conditions.
(1)Service hereunder is subject to such additional terms and conditions of service as the city may from time to time duly adopt and set forth in this Code.
(2)This rate schedule may be amended or superseded in whole or in part in accordance with this Code.
(3)This rate schedule shall be effective for bills rendered on and after October 1, 2023.
Section 5. That Section 28-58 of the Code of Ordinances of the City of Opelika is hereby amended to read as follows:
Sec. 28-58. – Private outdoor lighting service rates and charges; Rate Schedule OL-2016.
(a) Availability. This rate schedule is available in the retail service area of the Opelika Power Services (“OPS”), the electric service department of the City of Opelika, Alabama (the “city”). This rate schedule is not available for breakdown, standby, or supplementary service and shall not be used in parallel with other sources of electric power.
(b) Applicability. This rate schedule is applicable where the only use of the electricity supplied is for outdoor yard and area lighting and where all service hereunder is supplied to the customer’s premises through a single delivery point. Energy and power taken under this Schedule may not be resold or shared with others.
(c) Character of service.
(1) Energy and power delivered hereunder shall be alternating current, sixty (60) hertz, single-phase, at a nominal standard voltage of OPS, as available, and at a single delivery point. Separate supplies for the same customer at different voltages or at different delivery points shall be separately metered and billed.
(2) The customer may supply the lighting fixture(s) (including luminaries and lamps) and their mounting(s), and the installation and maintenance thereof, or OPS will, upon request of the customer, supply such fixtures and mountings and distribution system for rental by the customer; provided, however, that customer-supplied installations and facilities shall be subject to OPS’s inspection, review, and approval with respect to safety, serviceability, and accessibility prior to initiation of service and at any time thereafter as a condition of continued service.
(3) Where the customer shall have supplied the lighting fixture(s) and the corresponding mounting(s), OPS shall provide, at no additional cost, routine replacement of lamps and photoelectric controls if such lamps and photoelectric controls are of a type normally maintained in inventory; provided, however, that OPS, for good cause, may refuse to perform such maintenance or, upon thirty (30) days prior written notice to the customer, discontinue such maintenance. Replacement of lamps and photoelectric controls necessitated by damage caused by vandalism or willful abuse are not within the scope of routine replacement, and the customer in all such cases shall be responsible for the costs of such replacement(s). The customer shall be responsible for all maintenance other than OPS-supplied replacement of lamps and photoelectric controls.
(4) Where the OPS is to supply the lighting fixture(s) and corresponding poles for rental by the customer, the customer may select from the fixtures and poles that OPS makes available, as listed in subsection (d)(2). The customer should note that all combinations of fixtures and poles are available; the customer must select compatible fixtures and poles.
(5) Where the customer rents lighting fixtures and poles from OPS, OPS shall, at no additional cost to the customer, provide all normal maintenance for the facilities; provided, however, that repairs and replacements necessitated by damage caused by vandalism or willful abuse are not within the scope of normal maintenance, and in all such cases, OPS shall perform such repairs and replacements at the customer’s expense.
(6) Except as determined otherwise by OPS at its sole discretion, OPS shall perform repairs, replacements and other maintenance hereunder only during regular daytime working hours, as soon as practical after OPS receives notification by the customer of the need for such repairs, replacements, and other maintenance.
(7) Notwithstanding subsection (c)(4), OPS may, at its sole discretion, acquire and supply for rental fixtures and poles not listed in subsection (d)(2), in which case such fixtures and poles shall be “additional facilities,” to which the provisions of subsection (d)(3) shall apply.
(8) In the event that installation of service for the customer requires facilities and installation work not normally supplied by OPS and OPS agrees to supply such facilities and installation work, they shall be “additional facilities,” to which the provisions of subsection (d)(3) shall apply. Additional facilities include, but are not limited to, additional poles, underground conductors, additional lengths of overhead conductors, and trenching for the installation of underground conductors.
(d) Monthly rates and charges.
(1) For service to customer-supplied equipment. The monthly charge for service to customer-owned lighting facilities shall be the charge set forth in the following table for the type of lamp(s) owned by the customer:
- For service to OPS-supplied equipment. Where OPS supplies luminaries and/or poles of the types it normally has available, the monthly charges shall be determined pursuant to this section.
a. For non-decorative luminaries. For non-decorative luminaries provided by OPS, the monthly charge for each such luminary (which includes charges for electric service and for luminaries and lamps) shall be the charge for that type of luminary set forth in the following table:
Customer Owned (not available for new installations) C10S 100W HPS CUST OWNED – $6.40
C15S 150W HPS CUST OWNED – $8.60*
C17V 175W MV CUST OWNED – $9.15*
C25S 250W HPS CUST OWNED – $11.35*
C40H 400W MH CUST OWNED – $16.30*
C40S 400W HPS CUST OWNED – $16.30*
C01H 1000W MH CUST OWNED – $36.65*
C15H 1500W MH CUST OWNED – $53.70*
The foregoing charges do not include charges for OPS-supplied poles. When OPS provides a luminaire of the type shown in the foregoing table, the charge or charges for associated pole or poles set forth in subsection (d)(2)c. shall apply in addition to the charges set forth above.
b. For decorative luminaries. For decorative luminaries provided by OPS, the monthly charge for each such luminary (which includes charges for electric service and for luminaries and lamps) shall be the charge for that type of luminary set forth in the following table:
The foregoing charges do not include charges for OPS-supplied poles. When OPS provides a luminaire of the type shown in the foregoing table, the charge or charges for associated pole or poles set forth in subsection (d)(2)c. shall apply in addition to the charges set forth above.
c. Pole rental fees. For each pole supplied by OPS for the mounting of a luminaire, the monthly charge shall be that set forth in the following table for the length and type of pole:
Type/Description / Monthly Charge
Standard
SL10 100W HPS SECURITY LT – $8.60
CH15 150W HP S – COBRA HEAD – $10.80
CH25 250W HPS COBRA HEAD – $15.20
CH40 400W HPS COBRA HEAD – $21.25
Floodlight HPS
F10S 100W HPS FLOOD LIGHT – $11.90
F15S 150W HPS FLOOD LIGHT – $14.62
F25S 250W HPS FLOOD LIGHT – $17.95
F40S 400W HPS FLOOD LIGHT – $21.40
F01S 1000W HPS FLOOD LIGHT – $47.00
Floodlight MH
F10H 100W MH FLOOD LIGHT – $11.90
F15H 150W MH FLOOD LIGHT – $14.65
F25H 250W MH FLOOD LIGHT – $17.95
F40H 400W MH FLOOD LIGHT – $21.40
F01H 1000W MH FLOOD LIGHT – $47.00
Colonial/Contemporary CC15 150W COLONIAL/CONT – $14.65
Decorative Post-Top
AC10 100W DEC POST TOP – $17.40
AC15 150/175W DEC POST TOP – $24.00
AC25 100W DEC POST TOP – $40.50
AC40 150W DEC POST TOP – $43.50
Shoe Box
SB10 100W SHOE BOX FIXTURE – $16.30
SB15 150W SHOE BOX FIXTURE – $17.95
SB25 250W SHOE BOX FIXTURE – $21.25
SB4H 400W SHOE BOX FIXTURE – $30.00
SB1H 1000W SHOE BOX FIXTURE – $51.50
Off-Road
M25H 250W OFF-ROAD MONGOOSE – $24.00
M40H 400W OFF-ROAD MONGOOSE – $28.50
Bollard
B10H 100W CONC BOLLARD – $31.70
LED Security Lights
L1 48W LED Security Light Caretaker – $8.60
L1 50W LED Security Light Cree – $8.60
LED Street Lights
L2 70W LED COBRAHEAD – $10.80
L8 130W LED COBRAHEAD – $15.20
LED Flood Lights
L3 129W LED FLOODLIGHT – $21.40
L3 130W LED FLOODLIGHT – $21.40
L4 215W LED FLOODLIGHT – $47.00
Decorative Post-Top 30W LED Granville $24.00
Off-Road Mongoose
L5 45W LED – $24.00
L6 65W LED – $28.00
L7 95W LED – $47.00
- These types of poles are no longer available for new installations; the prices shown are for existing installations only.
Type/Description / Monthly Charge
Wood
PW30 30 FT WOOD POLE – $6.40
PW35 35 FT WOOD POLE – $8.00
PW40 40 FT WOOD POLE – $10.25
PW45 45 FT WOOD POLE – $11.90
PW50 50 FT WOOD POLE – $14.65
Concrete/Steel Distribution
PD30 30 FT CONC DIST POLE – $32.25
PD35 35 FT CONC DIST POLE – $35.55
PD40 40 FT CONC DIST POLE – $38.85
PD45 45 FT CONC DIST POLE – $41.60
PD50 50 FT CONC DIST POLE – $44.90
PD55 55 FT CONC DIST POLE – $49.30
PD60 60 FT CONC DIST POLE – $53.00
Decorative Aluminum/Concrete
PC12 12 FT DECORATIVE POLE – $20.70
PC17 17 FT DECORATIVE POLE – $25.85
PC20 20 FT DECORATIVE POLE – $22.00
PC25 25 FT DECORATIVE POLE – $23.25
PC30 30 FT DECORATIVE POLE – $24.50
PC35 35 FT DECORATIVE POLE – $25.75
PC40 40 FT DECORATIVE POLE – $27.00
PC45 45 FT DECORATIVE POLE – $28.25
PC50 50 FT DECORATIVE POLE – $29.50
Fiberglass (not available for new installations) PF20 20 FT FIBERGLASS POLE – $10.00
PF30 30 FT FIBERGLASS POLE – $18.25*
PF35 35 FT FIBERGLASS POLE – $19.60*
PF40 40 FT FIBERGLASS POLE – $24.00*
Other/ Monthly Charge
1PMB 1PH SURGE PROTECTOR – $6.00
3PMB 3PH SURGE PROTECTOR – $8.00
AF01 ADDITIONAL FACILITIES – $2.00
(3) Additional facilities charges.
a. When OPS supplies additional facilities hereunder, except as provided in subsection b. below, the customer shall pay, in addition to all other amounts due hereunder, a monthly additional facilities charge, which shall be the sum of:
- A monthly rental charge, which shall be equal to the greater of:
(i) Five (5.0) percent of the total estimated cost (including installation costs) of the additional facilities, and
(ii) Two dollars ($2.00), plus - An amount, reasonably determined by OPS, reflecting the cost of electric energy, if any, used by the additional facilities.
b. The customer may elect to pay the costs of additional facilities, other than energy-related costs, in a single lump-sum payment at the time of their installation, instead of paying a monthly rental charge related to those facilities pursuant to subsection a. above.
(4) Taxes. The monthly bills to the customer hereunder shall, in addition to the other amounts set forth herein, include applicable taxes, payments in lieu of taxes, fees, assessments, and surcharges imposed by any governmental authority and governmental fees applicable to service to the customer imposed by any governmental authority. Such taxes, fees, etc., include, but shall not be limited to, the state utility tax.
(5) Other charges. The customer shall also be responsible for other charges assessed pursuant to the then-currently effective Code of the city.
(e) Payment. Bills will be rendered monthly on a net basis. Each bill shall be due and payable on the due date shown on that bill. Payments shall be made at the offices of OPS, or at such other place or places as OPS or the city may from time to time designate. The customer shall be subject to the applicable provisions of this Code regarding delinquent payment and non-payment.
(f) Terms and conditions.
(1) OPS may require the customer to enter into a contract reflecting the terms of this rate Schedule prior to the initiation of service hereunder and establishing a minimum term of service. For installations having three (3) or more poles, such a contract shall be required, and such contract shall have a minimum term of three (3) years and shall continue in effect thereafter until terminated by the customer or by OPS with at least thirty (30) days’ prior written notice. OPS may, at its option, require an advance lump-sum payment by the customer equal to one-half (½) of the total estimated charges over the term of the customer’s contract. The director of OPS, or his designee, is authorized to execute such contracts on behalf of the city.
(2) Service hereunder is subject to such additional terms and conditions of service as the city may from time to time duly adopt and set forth in this Code.
(3) This rate schedule may be amended or superseded in whole or in part in accordance with this Code.
(4) This rate schedule shall be effective for bills rendered on and after January 1, 2016 and supersedes all previous rates schedules previously applicable service to the customer.
Section 6. That Section 28-59 of the Code of Ordinances of the City of Opelika is hereby amended to read as follows:
Sec. 28-59. Power Cost Adjustment Clause, Rate Rider PCA-2016
(a)Applicability- This Power Cost Adjustment (PCA) is applicable to and becomes a part of each retail rate, as defined in each rate schedule, of the Opelika Power Services (OPS) that so specify.
(b) General-
(1) The PCA reflects the increases/decreases in the cost of wholesale power purchased from OPS’s different wholesale power sources. The cost of wholesale power represents a significant portion of the total costs to provide energy to its customers. It is critical that OPS makes sure that it recovers all of its wholesale power costs in its retail sales.
(2) Each monthly customer bill under its individual rate schedule, that is defined and subject to the PCA Rate Rider, will be increased/decreased by an amount equal to the result of multiplying the kWh of energy used by the customer by the then-currently applicable PCA determined in the manner set forth herein.
(c) Determination of PCA –
(1) The PCA will be determined monthly using a comprehensive pricing model. This model is based on a rolling three-year average of power costs from both the Alabama Municipal Electric Authority (AMEA) and the Southeastern Power Administration (SEPA), and a forecast of the upcoming electricity sales also using a three-year average, by month.
(2) In conjunction with OPS’ power suppliers, the City will generate multiple forecasting scenarios to estimate future power costs. These scenarios contemplate variables such as prospective fuel costs, market prices, wholesale power supplier hedging, expected operation times of the electric generation fleet, planned and unplanned unit outages, among other factors that could influence future fuel cost.
(3) The model also takes into consideration the current balance of the Power Cost Reserve. The PCA will be set at a minimum amount to maintain a positive balance in the reserve under all practical scenarios. The intent is to set the PCA at a level to maintain the Power Cost Reserve at an approximate annual-end balance of $2,000,000.
(4) Practical scenarios may encompass events such as winter polar vortexes, summer and winter natural gas price surges, frequent usage of fuel oil in the energy generation mix, and the unavailability of nuclear or large baseload units.
(5) Modifications may be enacted on the electricity sales forecast due to significant system alterations, such as the addition or loss of industrial loads.
(6) The monthly PCA will be suitably adjusted to account for differences between actual power costs and sales. Any unforeseen circumstances leading to a negative Power Cost Reserve will be accounted for, with the aim to recuperate the shortfall in the current fiscal year or at the latest in the following fiscal year.
(7)The Mayor, in consultation with the Director of OPS, bears the responsibility for the final decision on the PCA.
Section 7. That Section 28-60 of the Code of Ordinances of the City of Opelika is hereby amended to read as follows:
Sec. 28-60. – Rate stabilization/equalization tariff (RSE Rider).
(a) Applicability. This rate stabilization/equalization tariff (RSE rider) is applicable to and becomes a part of each of the electric retail rate schedules of the city. This tariff shall be added to the power cost adjustment rate rider as calculated in section 28-59.
(b)General. It is the purpose of this tariff to enable Opelika Power Services (OPS) to lessen the impact, frequency and size of retail rate changes by allowing the city council, who has the authority to regulate an set retail rates for OPS, to adjust its charges more readily in order to meet the annual revenue requirements of OPS and to adjust for fluctuations in annual energy sales volumes. This rate rider is intended to strengthen the credit value and financial status of OPS by allowing it to meet the annual revenue requirements of the system and meet its annual obligation to the city for the opportunity to serve as the utility provider within the territorial limits set for the city.
By using this “RSE rider” the rates/charges are adjusted to assure that the electric revenues of OPS will always remain adequate to meet the annual revenue requirements of providing electricity to its customers. These annual revenue requirements include operations and maintenance costs, energy and fuel costs, taxes, debt-service costs, payment in lieu of taxes and the annual funds necessary to fund capital costs that are not funded by additional debt.
By enacting this rate rider, the charges for energy are adjusted (with RSE rider) when and if revenue projections for the upcoming year reflect that the designated revenues from energy sales are not going to be adequate to fund the annual revenue requirements of OPS. Once the rider is set, it will remain in effect for the subsequent three (3) month period, at which time, updated projections for revenue and the need for funding to meet annual revenue requirements will be set by the mayor, controller and director of OPS (collectively the “management committee”). The management committee will be responsible for developing and providing updated revenue projections and the necessary costs of the system needed to meet its annual requirements funding. The management committee shall monitor and review monthly financial statements, balance sheets, statements of income, details concerning revenues and energy sold by customer class, O&M expenses, expenses by functions (e.g. transmission and distribution, administrative and customer service) in order to project revenues and expenditures. Energy demand forecasts shall be based on three (3) year historic data and the management committee may rely upon forecast models developed by the state municipal electric authority. This rate rider will consist of two components:
Power Cost Adjustment Rider (currently in effect)
Rate adjustment needed to fund revenue requirements
Total “RSE” Rider
(c) Determination of tariff. The rate rider adjustment will be calculated by first determining the projected revenue shortfall (PRS). This calculation shall be derived (annual revenue requirements minus the projected revenue from energy sales). The PRS will then be divided by the anticipated and normalized volume of energy (kWh) projected to be sold by OPS for the coming year. This amount of charge shall be rounded to the nearest mill ($0.001) per kWh of energy sold. The monthly customer energy usage (kWh) will be charged this rate rider adjustment as an additional charge to the base retail rates as last approved by the city council. This rate rider adjustment will remain in effect for the following three (3) month period, at which time, the management committee will adjust the RSE rider (if necessary). The city council shall annually review as part of the budget process all rate rider adjustments made by the management committee during the preceding fiscal year and shall review the operating conditions of OPS. This example illustrates how the RSE tariff is calculated:
OPELIKA POWER SERVICES
2015 BUDGET OPS
Revenue Requirements:
Annual Operation and Maintenance – $7,720,588
Annual Power Costs 24,635,000
Annual Debt-Service 1,459,090
Capital Additions 3,570,000
Pilot (Payment to City) 3,000,000
Total Revenue Requirements for 2015 $40,384,678
Capital to be Funded w/Reserves <3,000,000>
Net Revenue Needs From Electric $37,384,678
Electric Revenue From (JTUC) 36,599,743
Projected Revenue Shortfall (PRS) $784,935
Estimated kWh Sales for 2015 370,447,652kWh
Revenue Stabilization Rider
($784,935/370,447,652 kWh) $.0021/kWh
Current Power Cost Adjustment $.0080/kWh
Total RSE Adjustment Rider for 2015 $.0101/kWh
(d) Other terms and conditions. This “RSE rider” tariff shall be effective for bills rendered on or after October 1, 2014. Adjustments shall be determined and applied quarterly (October—December; January—March; April—June and July—September). At the end of each fiscal year (9/30) the management of OPS will determine if any (over-recovery) from the RSE rider tariff has occurred for the current year. Any additional recovery of revenue will be used to fund a rate stabilization reserve for OPS. This rate stabilization reserve shall be set aside until it has a balance of not more than seven (7) percent of the annual revenue requirement for OPS. This rate stabilization fund reserve shall not exceed two million five hundred thousand dollars ($2,500,000.00) and be encumbered to use for keeping retail rates stable. Once fully funded, the purpose of the rate stabilization reserve will be used to help absorb future retail rate increases. The management committee will decide at what level of this reserve account is needed in order to keep retail rates stable. Should any of these funds be used, the rate stabilization reserve will be refunded back to its maximum level by using the “RSE rider” in future periods.
Section 8. Effective Date of Adjusted Rates and Charges. The adjusted rates and charges established above shall become effective for all monthly customer bills rendered after October 1, 2023, beginning with the October 2023 billing cycles.
Section 9. Repealer Clause. All former ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance hereby adopted are repealed.
Section 10. Severability. If any section, clause, provision or portion of this Ordinance shall be held to be invalid or unconstitutional by any Court of any competent jurisdiction, said holding shall not affect any other section, clause, provision or portion of this Ordinance which is not in or of itself invalid or unconstitutional.
Section 11. Construction. If any section, paragraph, sentence or word of this Ordinance or the division hereby adopted be declared for any reason to be invalid, it is the intent of the City Council that it would have passed all other provisions of this Ordinance and the division hereby adopted independent of such portion that may be declared invalid.
Section 12. Effective Date. This Ordinance hereby adopted shall take effect and be enforced immediately upon its adoption and publication as required by law with new rates and charges to be applied to monthly customer bills rendered after October 1, 2023.
Section 13. 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 5th day of September, 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 on this the 6th day of September, 2023.
/s/ Russell A. Jones, CMC CITY CLERK
ACTION BY MAYOR
APPROVED this the 6th day of September, 2023.
s/ Gary Fuller MAYOR
ATTEST: /s/ Russell A. Jones, CMC CITY CLERK
Legal Run 09/14/2023
