Legals – 8/9

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1057

IN THE MATTER OF THE ESTATE OF CARMEN E. SMITH, DECEASED

IN THE PROBATE COURT OF LEE COUNTY, ALABMA

Letters Testamentary of said deceased having been granted to the undersigned on the 24th day of July, 2013 by the Honorable Bill English, Judge of the Probate Court of Lee County, notice is hereby given that all persons having claims against said estate are hereby required to present the same within the time allowed by law or the same will be barred.

Edna E. Ward, Executrix

Legal run on 8/2/13, 8/9/13

& 8/16/13

 

 

IN THE PROBATE COURT OF LEE COUNTY, ALABAMA

ESTATE OF MARY WHATLEY INGRAM, DECEASED

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

Thomas O. Ingram, III, Executor

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

 

 

ORDINANCE NO.  109-13

AN ORDINANCE TO AMEND CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF OPELIKA, ALABAMA TO ADD A NEW

ARTICLE V ENTITLED “PRE-TRIAL DIVERSION”

BE IT ORDAINED by the City Council (the “Council”) of the City of Opelika, Alabama (the “City”) as follows:

Section 1.  Amendment.  That Chapter 17 of the Code of Ordinances of the City of Opelika, Alabama, is hereby amended to add new Article V entitled “Pre-Trial Diversion” to read as follows:

ARTICLE V. PRE-TRIAL DIVERSION.

Sec. 17-101  Establish a Pre-Trial Diversion Program

Pursuant to Act No. 2013-353, a Pre-Trial Diversion (“PTD”) Program is hereby established in the Municipal Court of the City of Opelika.  The Pre-Trial Diversion Program shall be under the direct supervision and control of the presiding municipal court judge in accordance with the provisions of Act No. 2013-353.  Participation in the PTD Program by the offender shall be voluntary.  Admittance to the PTD Program shall be at the sole discretion of the Court.  Upon admittance to the Program, the offender shall be required to enter a plea of guilty at which time the case shall be placed in an administrative docket until such time as the offender has completed all requirements of the PTD Program.  Imposition of any sentence shall be deferred until such time as the offender completes the PTD Program or is terminated from the Program.  In the event the offender does not satisfactorily complete the Program and all terms thereof, the Court shall impose an appropriate sentence in the same manner as with any guilty plea.  Upon successful completion of the program and all terms thereof, the Court shall dismiss the case pursuant to the rules established by the Court.

Sec. 17-102  Fees

(a)  The offender shall be assessed a non-refundable application fee in the amount of $50.00 when the offender makes application for admittance to the PTD Program.

(b)  An offender shall be assessed a non-refundable administration fee when the offender is admitted to the PTD Program.  The amount of the assessment for participation in the PTD Program shall be in addition to the application fee, any court costs, assessments for the Crime Victims’ Compensation Fund, Department of Forensic Science assessment, drug, alcohol or anger management treatment and counseling required by law or ordered by the Court and any costs of supervision, treatment and restitution for which the offender may be responsible.  An applicant may not be denied admission to the PTD Program based solely on his or her inability to pay.  Pre-Trial Diversion fees as established in this section may be waived or reduced for just cause including indigency of the applicant, at the discretion of the Court.  The following administration fees shall be assessed to offenders accepted into the PTD Program:

(1)  Driving Under the Influence $600.00

(2)  Traffic Offenses Except DUI $250.00

(3)  Misdemeanor Offenses $300.00

(4)  Violations $100.00

(c)  The offender shall pay to the Probation Services Officer a monthly fee of $35.00 for supervision of the case.  Supervision fees may be waived or reduced for just cause, including indigency of the offender, at the discretion of the Court.

Sec. 17-103 Rules, Regulations and Policies

The presiding municipal court judge shall have the power to make such rules, regulations, and policies, not inconsistent with state laws and City ordinances, for the implementation and the conducting of the PTD Program.  The permanent rules, regulations, policies, procedures, and guidelines adopted pursuant to this article shall be available for public inspection at all reasonable times at the office of the municipal court clerk.

Sec. 17-104 Liability

(a)  Absent wantonness, gross negligence, or intentional misconduct, the municipality, or its officers, judges, prosecutors, or its employees shall have no liability, criminal or civil, for the conduct of any offender while participating in the PTD Program established under this article or any service provider or its agents that are contracted to or who have agreed to provide services to the PTD Program.

(b)  The municipality or its officers, judges, prosecutors, or its employees shall have no liability, criminal or civil, for any injury to or harm to the offender while the offender is a participant in the PTD Program administered pursuant to this article.  The municipal prosecutor may require written agreed upon waivers of liability as a prerequisite for admittance into the PTD Program.

Section 2.   Repealer Clause. All former ordinances or parts thereof conflicting or inconsistent with provisions of this Ordinance or Article are hereby repealed.

Section 3.  Severability.  If any section, clause or any portion of this ordinance shall beheld to be invalid or unconstitutional by any Court of competent jurisdiction, said section shall not affect any other section, clause or portion of this Ordinance which is not in and of itself invalid or unconstitutional.

Section 4.  Construction. If any section, paragraph, section 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 portions of this ordinance and the article hereby adopted independent of the elimination of such portion that may be declared invalid.

Section 5.  Effective Date.  This ordinance and the article hereby adopted shall take effect immediately upon its adoption and publication as allowed by law.

Section 6.  Publication.  The City Clerk of the City of Opelika, Alabama is hereby authorized and directed to cause this Ordinance to be published one (1) time in a newspaper of general circulation published in the City of Opelika, Lee County, Alabama.

ADOPTED AND APPROVED this the 6th day of August, 2013.

/s/ C. E. “Eddie” Smith, Jr.

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

ATTEST:

/s/ R. G. Shuman

CITY CLERK

TRANSMITTED TO MAYOR on this the 7th day of August, 2013.

/s/ R. G. Shuman

CITY CLERK

ACTION BY MAYOR

APPROVED this the 7th day of August, 2013.

/s/ Gary Fuller

MAYOR

ATTEST:

/s/ R. G. Shuman

CITY CLERK

Legal run on 8/9/13

 

NOTICE OF APPOINTMENT

COURT OF PROBATE

ESTATE OF ANNIE RUTH TRAMMELL, DECEASED

Letters of Administration of said deceased having been granted to the undersigned on the 25th day of July, 2013, by the Hon. BIll English, Judge of Probate Court of Lee County, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.

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

Reginald L. Trammell

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

 

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the City Council of the City of Opelika will hold a Public Hearing on Tuesday, September 3, 2013, at 7:00 p.m. in the City Council Chambers of the Municipal Building, 204 S. 7th Street, Opelika, Lee County, Alabama.

PURPOSE

The purpose of said Public Hearing will be to consider the adoption of an ordinance to amend Ordinance Number 124-91 (entitled “Zoning Ordinance” of the City of Opelika) adopted on September 17, 1991.  At said Public Hearing all who desire to be heard shall have the opportunity to speak for or in opposition to the adoption of the following ordinance:

ORDINANCE NO. ________

AN ORDINANCE TO AMEND THE ZONING

ORDINANCE AND ZONING MAP OF THE CITY OF OPELIKA

BE IT ORDAINED by the City Council (the “City Council”) of the City of Opelika, Alabama (the “City”)  as follows:

Section 1.  That Ordinance 124-91 entitled “Zoning Ordinance City of Opelika, Alabama”, adopted on September 17, 1991, and the Zoning Map of the City of Opelika provided for and referred to therein, as previously amended and/or modified, be and the same is hereby amended by rezoning or redistricting the parcels of land hereinafter in this section described, so as to change such parcels from one class of district to another class of district as follows, to-wit:

From a C-2 District (Office/Retail District) to a C-1 District (Downtown Commercial District) the parcels of land hereinafter described:

Parcel A

Commence at the intersection of the Southeasterly margin of Avenue B with the Southwesterly margin of South 10th Street, said point of intersection being the POINT OF BEGINNING of the lot herein to be described and conveyed:  From said point of beginning, thence run South 45°00’ West, along the Southeasterly margin of Avenue B, for 69.30 feet; thence run South 45°00’ East, parallel to South 10th Street for 100.00 feet to a point; thence run North 45°00’ East, parallel to Avenue B, for 69.30 feet to the Southwesterly margin of South 10th Street, for 100.00 feet to the said POINT OF BEGINNING.

Parcel B

Commence at the Southwest corner of Section 7, Township 19 North , Range 27 East in Lee County, Alabama; thence run East a distance of 2,756.43 feet; thence run North a distance of 135.92 feet to an iron pin on the Northwesterly margin of Avenue C and the POINT OF BEGINNING of the realty herein described; thence from said Point of Beginning, run North 42°34’54” West a distance of 300.08 feet to an iron pin; thence run South 47°26’20” West for a distance of 100 feet to an iron pin; thence run North 42°34’54” West a distance of 101 feet to an iron pin on the  Southeasterly margin of  Avenue B; thence run North 47°26’20” East along said margin a distance of 219.85 feet to an iron pin; thence run South 42°34’54” East a distance of 100 feet to an iron pin; thence run North 47°26’20” East a distance of 80.15 feet to an iron pin on the Southwesterly margin of South 10th Street; thence run South 42°34’54” East along said margin a distance of 300.63 feet to an iron pin at the intersection of the Southwesterly margin of South 10th Street and the Northwesterly margin of Avenue C; thence run South 47°18’39” West along said margin of Avenue C a distance of 200 feet to an iron pin and the said Point of Beginning.

Parcel C

Commence at the Southwest corner of Section 7, Township 19 North, Range 27 East in Lee County, Alabama; thence run East a distance of 2,756.43 feet; thence run North a distance of 135.92 feet to an iron pin on the Northwesterly margin of Avenue C; thence run North 42°34’54” West a distance of 300.08 feet to an iron pin; thence run South 47°26’20” West a distance of 100 feet to an iron pin; thence run North 42°34’54” West a distance of 101 feet to an iron pin on the Southeasterly margin of Avenue B,; thence run South 64°59’05” West a distance of 232.19 to an iron pin at the intersection of the Northwesterly margin of Avenue B and the Northeasterly margin of the Norfolk Southern Railroad and the POINT OF BEGINNING of the realty herein described; thence from said Point of Beginning, run in a Northwesterly direction along said margin of the Norfolk Southern Railroad on the arc of a curve to the right having an arc length of 201.43 feet, a radius of 1,081 feet, a chord bearing of North 34°27’24” West, and a chord length of 201.14 feet to an iron pin; thence run North 47°18’44” East a distance of 157.57 feet to an iron pin; thence run South 42°33’40” East a distance of 191.53 feet to an iron pin on the Northwesterly margin of Avenue B; thence run South 47°26’20” West along said margin a distance of 220.07 feet to an iron pin and the said Point of Beginning.

The addresses of the above parcels are 1001 Avenue B and 1007 Avenue B, Opelika, Alabama 36801.

Said parcels being further described as Parcel Numbers 43-10-03-07-4-002-137.000 and 43-10-03-07-4-002-030.000 according to the records maintained in the Lee County Revenue Commissioner’s Office.

Section 2.  Any ordinance or part thereof in conflict with provisions of this Ordinance be and the same are hereby repealed.

Section 3.  This Ordinance shall be published in a newspaper of general circulation in the City of Opelika, Lee County, Alabama.

WITNESS my hand this the 9th day of August, 2013.

/s/ R. G. Shuman

CITY CLERK OF THE CITY OF OPELIKA, ALABAMA

Legal run on 8/9/13

 

IN THE PROBATE COURT OF LEE COUNTY, ALABAMA

IN THE MATTER OF THE ESTATE OF MARY L. SMITH

Letters testamentary on the estate of said decedent having been granted to the undersigned on the 25th day of July, 2013 by the Honorable Bill English, Judge of the Probate Court of Lee County, Alabama, notice is hereby given that all persons having claims against said estate are required to present the same within the time allowed by law or they will be barred.

Beatrice Norman, Executrix

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

 

ADVERTISEMENT FOR BIDS

Opelika Bid No. B13-049

Sealed bids for the construction of Wastewater Treatment Plant Emergency Generator Replacement Project will be received by the City of Opelika, AL until 2:00 P.M., (Local Time), Tuesday September 3, 2013 at City Hall located at 204 S. 7th Street, Opelika, AL 36801 and at said time bids will be publicly opened and read aloud.

The project generally consists of the installation of new emergency generator and automatic transfer switch, and the removal of the existing emergency generator system and associated components.

A mandatory pre-bid conference is scheduled for 2:00 p.m. local time on August 19, 2013. The conference will be held at the City of Opelika Wastewater Treatment Plant.  You must attend and sign-in at this pre-bid conference to be allowed to submit a bid. Contractors may be allowed to inspect the project area after the conference.

Copies of the CONTRACT DOCUMENTS AND PLANS may be obtained from Constantine Engineering upon payment of a non-refundable fee of $50.00.

Bid documents may be purchased from Constantine Engineering for a non-refundable  amount of $50.00. Constantine Engineering is located at 41 N. Jefferson St, Ste 300, Pensacola, FL 32502. Technical questions regarding the proposal may be directed to Mr. Mike Hilyer Opelika Public Works Director, City of Opelika, and P.O. Box 390, Opelika, Alabama 36803.  Phone:  (334) 705-5413.

All bidders on construction projects in excess of $10,000.00 shall file with his bid either a certified check payable to the City of Opelika for an amount not less than five (5) percent of the estimated cost or of the contractor’s bid but in no event more than $10,000.00; or a bid bond payable to the City of Opelika in an amount of not less than five (5) percent of the estimated cost or of the contractor’s bid, but in no event more than $10,000.00.

Attention of bidders is called to the License required by Title 34, Chapter 8, Code of Alabama, 1975, as last amended, relating to the licensing of General Contractors if applicable.

All bids must be submitted in an envelope bearing on the outside the name of the Bidder, Bidder’s license number, and name of the project.  Envelopes containing bids must be addressed as follows, and delivered to Ms. Lillie Finley, Purchasing Dept., City of Opelika, 204 S. 7th Street, Opelika, AL 36801 or P. O. Box 390, Opelika, AL 36803: “BID FOR WASTEWATER TREATMENT PLANT EMERGENCY GENERATOR REPLACEMENT PROJECT”.

Legal run on 8/9/13

 

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the City Council of the City of Opelika will hold a Public Hearing on Tuesday, September 3, 2013, at 7:00 p.m. in the City Council Chambers of the Municipal Building, 204 S. 7th Street, Opelika, Lee County, Alabama.

PURPOSE

The purpose of said Public Hearing will be to consider the adoption of an ordinance to amend Ordinance Number 124-91 (entitled “Zoning Ordinance of the City of Opelika”) adopted on September 17, 1991.  At said Public Hearing all who desire to be heard shall have the opportunity to speak for or in opposition to the adoption of the following ordinance:

ORDINANCE NO. _

AN ORDINANCE TO AMEND THE TEXT OF THE

ZONING ORDINANCE OF THE CITY OF OPELIKA

BE IT ORDAINED by the City Council (the “City Council”) of the City of Opelika, Alabama (the “City”)  as follows:

Section 1.  Amendment.  That Ordinance 124-91 entitled “Zoning Ordinance of the City of Opelika, Alabama”, adopted on September 17, 1991, as amended, is further amended in the following respect:

That Section 7.3, as amended, is further amended to change the area requirements for the R-1A, R-2 and R-3 Districts as shown in the matrix table in the following respects:

 

Area Requirements              Districts

R-1A   R-2     R-3

Minimum Lot Size                     10,000

Dwelling Units Per Acre                     2.5            3.5

Minimum Lot Width (ft.) 90   80     70

Front Yard Setback (ft.)     30

Side Yard Setback (ft.) 20   15

 

Except as specifically amended or changed herein, all other area requirements as shown in the matrix table shall remain in full force and effect.

Section 2.  Repeal of Conflicting Ordinances.   Any ordinance or part thereof in conflict with provisions of this Ordinance be and the same are hereby repealed.

Section 3.  Effective Date.  This Ordinance shall become effective upon its adoption, approval and publication as required by law.

Section 4.  Publication.  This Ordinance shall be published in a newspaper of general circulation in the City of Opelika, Lee County, Alabama.

WITNESS my hand this the 9th day of August, 2013.

/s/ R. G. Shuman

CITY CLERK OF THE CITY OF OPELIKA, ALABAMA

Legal run on 8/9/13

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