PUBLIC NOTICES

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CITY OF OPELIKA

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the City Council of the City of Opelika will hold a Public Hearing on Tuesday, October 19, 2021, at 7:00 p.m. in the Courtroom of the Opelika Municipal Court Building, 300 Martin Luther King Boulevard, 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 and the Zoning Map.  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

(BLACKBERRY RESERVE)

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

Section 1.  FINDINGS.  The Council has determined and hereby finds and declares that the following facts are true and correct:

(a) William B Lowe, Jr., (“Lowe”) is the owner of record of that certain real property consisting of approximately 166 acres located along U.S. Highway 431 and Cusseta Road. 

(b) Lowe heretofore submitted to the City a development plan for a planned unit development (“PUD”) , entitled “Blackberry Reserve”, consisting of approximately 166 acres.

(c)The proposed development consists of approximately two hundred forty-two (242) single-family lots open space areas, and on-site stormwater detention. The proposed density is 1.45 dwelling units per acre.

(D)The Planning Commission heretofore conducted a public hearing on the proposed development and referred to the City Council its recommendation to approve the proposed development.

(E)It is advisable and in the interest of the City and the public interest that the property described in Section 3 below should be developed as a residential planned unit development.

Section 2.  APPROVAL OF THE DEVELOPMENT PLAN.  The Development Plan as submitted for review is hereby approved and affirmed as required by Section 8.18N of the Zoning Ordinance of the City.

Section 3.  DESIGNATION OF A PLANNED UNIT DEVELOPMENT.  The official Zoning Map is hereby amended and the zoning classification for the following parcel of land shall be changed from a R-1 District (Low Density Residential District) to a Planned Unit Development (PUD) on the official zoning map of the City.

Commence at the Southwest corner of Section 29, Township 20, Range 27 East, in Lee County, Alabama and thence run North degrees 30 minutes West for a distance of 4009.0 feet; thence run North 87 degrees 25 minutes East for 195.7 feet to a point on the easterly margin of the right of way of Central of Georgia Railway and which is the point of beginning of the tract of land here to be described. From said point of beginning run thence North 87 degrees 25 minutes East for 2484.3 feet; thence run North I degree 40 minutes West 3821 feet more or less to the southern margin of Lee Road 389; thence run Southwesterly along the Southern margin of said road for 2875 feet more or less to the easterly margin of the right of way of Central of Georgia Railway; thence run Southerly along the East margin of said right of way 2792 more or less to the point of beginning.

Less and except certain one-acre of real estate, more or less, which has been used as a cemetery as described in Deed Book 2225 at Page 398, Probate Office, Lee County, Alabama.

 Section 4.  RETENTION OF COPIES OF DEVELOPMENT PLAN. Copies of the Development Plan shall be maintained in the office of the City Clerk, City Planner, City Engineer and Building Official and shall be open for public inspection.

Section 5.  REPEALER. Any ordinance or part thereof in conflict with provisions of this Ordinance be and the same are hereby repealed.

Section 6.  EFFECTIVE DATE. This Ordinance shall become effective upon its adoption, approval and publication as required by law.

Section 7.   PUBLICATION. This Ordinance shall be published one (1) time in a newspaper of general circulation in the City of Opelika, Lee County, Alabama.

All interested persons are invited to attend the public hearing and be heard. 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 Kevin Rice, the City’s ADA Coordinator, at 334-705-2083 at least two (2) working days prior to the meeting if you require special accommodations due to any disability.

WITNESS my hand this the 16th day of September, 2021.

/s/ Russell A. Jones CITY CLERK OF THE CITY OF OPELIKA, ALABAMA

Legal Run 09/16/2021

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NOTICE OF COURT PROCEEDING

IN THE PROBATE COURT OF LEE COUNTY ALABAMA

Notice of the filing of Petition for Summary Distribution In the Estate of PAUL KIM, deceased

Notice is hereby given that a Petition for Summary Distribution has been filed in the LEE COUNTY Probate Office by Seung Hee Kim on September 9, 2021, pursuant to Section 43-2-690, Code of Alabama and that 30 days after the notice of publication hereof and pursuant to law the Court shall be required to enter an Order directing Summary Distribution of the estate of said decedent.

BILL ENGLISH, PROBATE JUDGE

Legal Run 09/16/2021

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IN THE CIRCUIT COURT OF LEE COUNTY

STATE OF ALABAMA

TAMICHA A. DAVIS and SALLYE  

MAE FRAZIER DAVIS,              PLAINTIFFS,                            VS.

CIVIL ACTION NO.: CV 2021-900125.00      TRACT OR PARCEL OF LAND IN LEE COUNTY, ALABAMA                                     DESCRIBED AS FOLLOWS:     

Tax Parcel # 43-02-05-15-0-000-006.000         Commencing at the Northeast corner of the Northwest 1/4 of Section 15, Township 20 North, Range 28 East, Lee County, Alabama; thence in a Westerly direction along the Southerly right of way of Lee County Road No. 272 for a distance of 519.2 feet to a ½” rebar on the Southerly right of way of Lee County Road No. 272 and the POINT OF BEGINNING. From said POINT OF BEGINNING thence leaving said right of way South 00 degrees 56 minutes 20 seconds East a distance of 221.13 feet to a Prior White survey pin; thence South 01 degrees 00 minutes 36 seconds East a distance of 199.66 feet to a 3/4″ open top pipe; thence South 88 degrees 10 minutes 11 seconds West a distance of 58.62 feet to a 1/4″ iron bar; thence South 89 degrees 09 minutes 48 seconds West a distance of 98.38 feet to an iron pin set; thence North 00 degrees 58 minutes 04 seconds West a distance of 417.78 feet to an iron pin set on the Southerly right of way of Lee County Road No. 272; thence along said right of way North 87 degrees 41 minutes 39 seconds East a distance of 157.00 feet to the Point of Beginning. Said property containing 1.512 acres, more or less, and being located in Section 15, Township 20 North, Range 28 East, Lee County, Alabama.

AND MATTIE EILAND HINKLE; her heirs, executors, administrators, and assigns; AND FICTITIOUS PARTIES A, B, C, D, E, AND F; and all persons, individuals, firms, associations, partnerships, corporations or other entities whose names are otherwise unknown to the Plaintiff but who are the persons, individuals, firms, associations, partnerships, corporations, or other entities claiming any present interest, mortgage, security interest or lien in and to the above-captioned parcel of land, and including any persons claiming any future, contingent, reversionary, remainder or other interest therein who may claim any interest in the above-described real property and whose correct names and legal identities will be added by amendment when ascertained,                          

DEFENDANTS.

NOTICE OF SERVICE BY PUBLICATION

TO: DEFENDANT REAL PROPERTY DESCRIBED HEREIN; and, DEFENDANT FICTITIOUS PARTIES A, B, C, D, E, and F, being any and all persons, individuals, firms, associations, partnerships, corporations or other entities who may claim any present interest, mortgage, security interest or lien in and to the above-captioned parcel of land, including any persons claiming any future, contingent, reversionary, remainder or other interest therein who may claim any interest in the above-described real property.

Take notice that a Verified Complaint to Quiet Title has been filed to have determined any interest you may have in the below described real property and to have the title to said real property quieted and vested in the name of Tamicha A. Davis and Sallye Mae Frazier Davis. 

The real property that is the subject of this cause, lying situate and being in Lee County, Alabama, is described as follows:

PARCEL OF REAL PROPERTY:                                

Parcel # 43-02-05-15-0-000-006.000

Commencing at the Northeast corner of the Northwest 1/4 of Section 15, Township 20 North, Range 28 East, Lee County, Alabama; thence in a Westerly direction along the Southerly right of way of Lee County Road No. 272 for a distance of 519.2 feet to a ½” rebar on the Southerly right of way of Lee County Road No. 272               and the POINT OF BEGINNING. From said POINT OF BEGINNING thence leaving said right of way South 00 degrees 56 minutes 20 seconds East a distance of 221.13 feet to a Prior White survey pin;                thence South 01 degrees 00 minutes 36 seconds East a distance of 199.66 feet to a 3/4″ open top pipe; thence South 88 degrees 10 minutes 11 seconds West a distance of 58.62 feet to a 1/4″ iron bar;          thence South 89 degrees 09 minutes 48 seconds West a distance of 98.38 feet to an iron pin set; thence North 00 degrees 58 minutes 04 seconds West a distance of 417.78 feet to an iron pin set on the Southerly right of way of Lee County Road No. 272; thence along said right of way North 87 degrees 41 minutes 39 seconds  East a distance of 157.00 feet to the Point of Beginning. Said property containing 1.512 acres, more or less, and being located in Section 15, Township 20 North, Range 28 East, Lee County, Alabama.

You must file any answer to said Complaint on or before the thirtieth (30th) day of the last publication date or a default judgment will be taken against you.  Your answer must be filed with:

Jacob J. (Jake) Key, Esq.

Attorney for Plaintiffs

Johnson, Caldwell & McCoy, LLC

117 North Lanier Avenue, Suite 201

Lanett, Alabama 36863

and also with the Clerk of the Circuit Court of Lee County, Alabama, Lee County Courthouse, Opelika, Alabama 36801.

/s/Mary B. Roberson   CIRCUIT COURT CLERK

Legal Run 09/02/21, 09/09/21, 09/16/21 & 09/23/21

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NOTICE OF MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain Mortgage (the “Mortgage”) dated April 16th. 2021 executed by David A. May (the “Mortgagor”) in favor of John & Julia Smith (the “Mortgagees”), said Mortgage being recorded in the Office of the Judge of Probate of Lee County, Alabama in RLPY 4720, at Page 798; and

WHEREAS, John & Julia Smith, as Mortgagees and holders of the Mortgage, by reason of such default having declared all of the indebtedness secured by the Mortgage due and payable, and such default continuing, notice is hereby given that, acting under the power of sale contained in the Mortgage, holder will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Lee County Courthouse located at 215 South 9th Street, Opelika, Alabama 36801 on Thursday, September, 30, 2021 between the hours of 11:00 a.m. and 4:00 p.m., the following described property, commonly known as: 533 Lee Road 57, Lot 44, Auburn, situated in Lee County, Alabama, to wit:

Commence at the Southwest corner of Section 16, Township 20 North, Range 28 East, Lee County, Alabama, and thence run North 1°-25’ East, along the West boundary line of said Section 16; for a distance of 270 feet to the intersection of the West boundary line of said Section 16 with the Southeasterly margin of U.S. Highway #29; thence run North 44°-0’ East, along the Southeasterly margin of said Highway #29, for a distance of 375 feet; thence run North 48°-7’ East, along said margin of said Highway #29, for a distance of 678 feet to a point, which point is the point of beginning of the real property to be herein described and conveyed: From said point of beginning, thence run North 48°-7’ East, along the margin of said Highway #29, for a distance of 210 feet to a point; thence run South 41°-53’ east for a distance of 210 feet to a point; thence run South 48°-7’ West for a distance of 210 feet to a point; thence run North 41°-53’ West for a distance of 210 feet to the said point of beginning. Containing 1 acre, more or less. Also being part of the property conveyed in that certain deed from R.W. Thompson and Mary Thompson, who are now both deceased, to Hila Mae McKemie, who is the same person as Hilda Mae McKemie, dated September 24, 1952, and is of record in Deed Book 383, at page 445, in the Office of the Judge of Probate of Lee County, Alabama. Being the same property conveyed in that certain deed from Hila Mae McKemie and Ralph C. McKemie, wife and husband, to Robert Kenneth McKemie, John Marcus Smith and Julia Karen Smith, dated December 3, 1982, and is of record in Deed Book 1136, at Page 744, in the Office of the Judge of Probate of Lee County, Alabama.

THIS PROPERTY WILL BE SOLD ON AN “AS-IS”, “WHERE IS” BASIS AND WITH ALL FAULTS. THIS PROPERTY WILL ALSO BE SOLD SUBJECT TO ANY EASEMENTS, LEASES, ENCUMBRANCES, RESERVATIONS AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND ALL MATTERS CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF PROBATE OF LEE COUNTY, ALABAMA. THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED, AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.

Payment terms are cash or cashier’s check (United States Dollars in immediately available funds) made payable to the Mortgagees on the date of the public sale.

Mortgagees reserve the right to bid for and purchase the aforementioned property and to credit its bid against the expenses of sale and the indebtedness secured by the Mortgage.

The public sale is subject to postponement or cancellation; contact Benjamin H. Parr at (334) 749-6999 prior to attendance.

This sale is made for the purpose of paying the indebtedness secured by the Mortgage as well as the expenses of collection and foreclosure.

JOHN & JULIA SMITH

Mortgagees

ATTORNEY FOR MORTGAGEES:

Benjamin H. Parr, Esquire

Benjamin H. Parr, P.C.

830 Avenue A, Suite A

Opelika, Alabama 36801

(334) 749-6999

LEGAL RUN 09/09/21, 09/16/21, & 09/23/21

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IN THE MATTER OF THE ESTATE OF WALLACE E. KILGO, JR., Deceased

PROBATE COURT OF LEE COUNTY, ALABAMA

CASE NO. 2021-319

NOTICE TO CREDITORS

Take Notice that LETTERS TESTAMENTARY of the Estate of WALLACE E. KILGO JR., deceased having been granted to Alfred Douglas Davidson, on the 8th day of September 2021, by the Honorable Bill English, Judge of the Probate Court of Lee County, Alabama.

NOTICE IS HEREBY GIVEN that all persons having claims against the said Estate are hereby required to present the same within the time allowed by law or the same will be barred.

ALFRED DOUGLAS DAVIDSON

Legal Run 09/16/21, 09/23/21 & 09/30/21

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 INVITATION TO BID 21021

Sealed bids for the construction of the WESTSIDE WASTEWATER TREATMENT PLANT IMPROVEMENTS

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, October 11, 2021, 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.

The Project consists of an expansion of a 4 MGD wastewater treatment plant to 6 MGD and is generally described as follows:

• Influent Bypass Structure

• Upgrade to influent pump station.

• Upgrade to headworks structure including new screening and grit equipment.

• Modifications to Splitter Box No. 1

• Cleaning and equipment demolition of Oxidation Ditch Nos. 1 and 2

• New mechanical aeration equipment for Oxidation Ditch Nos. 1 and 2

• New Oxidation Ditch No. 3

• Upgrade to return sludge pump station.

• Modifications to Splitter Box No. 2

• Cleaning and equipment demolition of Clarifier Nos. 1 and 2

• New clarifier equipment for Clarifier Nos. 1 and 2

• New Clarifier No. 3 and return sludge pump station

• Waste sludge pump replacement

A non-mandatory pre-bid conference will be held at 2:00 p.m. local time on September 8, 2021, at Opelika Public Works, 700 Fox Trail, Opelika, Alabama. A site visit to the Westside WWTP will follow the meeting. Attendance at the pre-bid conference is not mandatory.

Bids will be received for a single prime Contract. Bids shall be on a lump sum basis as indicated in the Bid Form. 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.

Bid documents may be obtained from the City’s website at www.opelika-al.gov/Bids.aspx. Any technical questions should be directed to the Public Works Director at 334-705-5413 located at 700 Fox Trail, Opelika.

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 Bid Bond in the amount of five (5) percent of the bid amount made payable to the City of Opelika must accompany each bid. Performance and Payment Bonds for the full contract sum will be required of the successful bidder. 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 Manager, City of Opelika, 204 South 7th Street, P.O. Box 390, Opelika, Alabama, 36803-0390. Attn: Westside Wastewater Treatment Plant Improvements

LILLIE FINLEY- PURCHASING REVENUE MANAGER CITY OF OPELIKA

204 SOUTH SEVENTH STREET (36801)

POST OFFICE BOX 390 (36803-0390) OPELIKA, ALABAMA

PH: (334) 705-5120

Legal Run 08/26/21, 9/16/21 9/30/21

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ORDINANCE NO. 016-21

AN ORDINANCE TO AMEND THE ZONING

ORDINANCE AND ZONING MAP OF THE CITY OF OPELIKA

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

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

From a R-1 District (Rural District) to a C-3 District (General Commercial District), the parcel of land hereinafter described:

Lots 1, 2 and 3, HEWITT SUBDIVISION, according to and as shown by that certain map or plat thereof of record in Town Plat Book 15 at Page 4 in the Office of the Judge of Probate of Lee County, Alabama.

The above-described property contains 26,780 square feet, more or less, and is located near Columbus Parkway and adjacent to Anand Street.

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

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

                ADOPTED AND APPROVED this the 7th day of September, 2021.

/s/Eddie Smith CITY OF OPELIKA, ALABAMA

ATTEST:

/s/Russell A. Jones CITY CLERK

TRANSMITTED TO MAYOR on this the 8th day of September, 2021.

/s/Russell A. Jones CITY CLERK

ACTION BY MAYOR

APPROVED this the 8th day of September, 2021.

/s/ Gary Fuller MAYOR

ATTEST:

/s/Russell A. Jones CITY CLERK

Legal Run 09/16/2021

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In The Probate Court Of Lee County Alabama

In Re: The Estate Of:

Alfred L. Ly les, a/k/a Alfred LeNard Lyles,  Deceased

TAKE NOTICE that Letters Testamentary  having  been granted  to: Annice Lyles Johnson, as Executrix of the Estate of: Alfred L. Lyles , a/ k/a Alfred LeNard Lyles , Deceased, on the 30th day of August,  2021 by the Honorable Bill English.

NOTICE IS HEREBY GIVEN that all persons having claims against the said Estate are hereby required to present the same with in the time allowed by law of the same will be barred.

ANNICE LYLES JOHNSON

EXECUTRIX

Legal Run 09/16/21, 09/23/21 & 09/30/21

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NOTICE OF APPOINTMENT

COURT OF LEE COUNTY ALABAMA

ESTATE OF NANCY POOLAS MCKEMIE, DECEASED

Letters of Administration with Will Annexed of said deceased having been granted to the undersigned on the 8th day of September, 2021, by the Hon. Bill English, Judge of the Probate Court of Lee County, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed  by law or the same will be barred.

Witness our hands, and dated this the 8th day of September, 2021.

RHONDA ANN MCKEMIE

Legal Run 09/16/2021, 09/23/2021 & 09/30/2021

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ORDINANCE NO. 017-21

AN ORDINANCE TO AMEND SECTION 10.3.3 OF THE

PERSONNEL POLICIES AND PROCEDURES MANUAL TO DESIGNATE JUNETEENTH AS A CITY PAID HOLIDAY

                WHEREAS, Juneteenth is the oldest recognized celebration observing the freedom of African-Americans from slavery in the United States. Juneteenth is a historic milestone reminding Americans of the triumph of the human spirit over the harshness of slavery and the basic civil rights of freedom and equality for all; and

WHEREAS, the Emancipation Proclamation was issued on September 22, 1862, with an effective date of January 1, 1863, but it had minimal immediate effect on the majority of enslaved people who remained in captivity; and

WHEREAS, on June 19, 1865, Union General Gordon Granger and 2,000 federal troops arrived in Confederate-controlled Texas to take possession of the state and to enforce the emancipation of enslaved people throughout the state; and

WHEREAS, two years, five months and eighteen days after President Abraham Lincoln signed the Emancipation Proclamation, the last of those enslaved within the borders of the United States were freed; and

WHEREAS, the word “Juneteenth” became the name for the joyous celebration of freedom from slavery as a result of the words “June Nineteenth” combined together in speech; and

WHEREAS, Texas celebrated Juneteenth beginning in 1866 with community-centric events, such as parades, cook-outs, prayer gatherings, historical and cultural readings and musical performances; and

WHEREAS, on January 1, 1980, Juneteenth officially became a Texas state holiday; and

WHEREAS, Juneteenth officially became the eleventh federal holiday on June 17, 2021, and Juneteenth National Independence Day is the first holiday to be added to the list of federal holidays since the recognition of Rev. Dr. Martin Luther King, Jr.’s birthday in 1983; and

WHEREAS, in addition to the federal government recognizing Juneteenth as a federal holiday, 49 states and the District of Columbia have passed legislation recognizing it as a holiday or observance; and

WHEREAS, the City Council desires to recognize Juneteenth as an official paid holiday for eligible employees.

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

                Section 1.                Designation of Holiday.   That Juneteenth is hereby designated as an official City holiday to commemorate the abolition of slavery throughout the United States and its territories.

Section 2.                Amendment.    That Section 10.3.3 of the Personnel Policies and Procedures Manual of the City of Opelika, as previously amended, is further amended to read as follows:

10.3.3. Regular Holiday Schedule. The following days, and such others as the City Council may proclaim are approved paid holidays for all eligible employees except, public safety, emergency, and public utility departments employees.

(a) New Year’s Day – January 1

(b) Martin Luther King Jr. Day – Third Monday in January

(c) Memorial Day – Last Monday in May

(d) Juneteenth – June 19

(e) Independence Day – July 4

(f) Labor Day – First Monday in September

(g) Veterans Day – November 11

(h) Thanksgiving Day – Fourth Thursday and Friday in November

(i) Christmas Day – December 24 and 25

When a holiday falls on a Saturday, the holiday shall be observed on the preceding Friday. When a holiday falls on a Sunday, the following Monday shall be observed as a holiday, unless otherwise designated by the City Council.              

                Section 3.  Effective Date.   That this ordinance shall become effective upon its passage, approval and publication, as required by law, and the Juneteenth holiday will be observed beginning June 19, 2022.

Section 4.    Cumulative of All Other Ordinances.  The provisions of this ordinance are cumulative of all other ordinances or parts of ordinances governing or regulating the subject matter as covered herein, provided, however, that all prior ordinances or parts of ordinances inconsistent with or in conflict with any of the provisions of this ordinance are hereby expressly repealed to the extent of any such inconsistency or conflict.

                Section 5.  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 7th day of September, 2021.

/s/ Eddie Smith PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA

ATTEST:

/s/ Russell A. Jones CITY CLERK

TRANSMITTED TO MAYOR on this the 8th day of September, 2021.

/s/ Russell A. Jones CITY CLERK

ACTION BY MAYOR

APPROVED this the 8th day of September, 2021.

/s/ Gary Fuller MAYOR

ATTEST:

/s/ Russell A. Jones CITY CLERK

Legal Run 09/16/2021

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NOTICE OF APPOINTMENT

COURT OF LEE COUNTY ALABAMA

ESTATE OF NANCY POOLAS MCKEMIE, DECEASED

Letters of Administration with Will Annexed of said deceased having been granted to the undersigned on the 8th day of September, 2021, by the Hon. Bill English, Judge of the Probate Court of Lee County, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed  by law or the same will be barred.

Witness our hands, and dated this the 8th day of September, 2021.

RHONDA ANN MCKEMIE

Legal Run 09/16/2021, 09/23/2021 & 09/30/2021

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FORM OF ADVERTISMENT FOR COMPLETION

LEGAL NOTICE

In accordance with Chapter 1, Title 39, Code of Alabama, 1975, as amended, notice is hereby given, that ADAMS CONSTRUCTION AND ASSOCIATES, INC, CONTRACTOR, has completed the contract for Construction of DINIUS PARK, at 1435 E. Glenn Ave. for the State of Alabama and the (County) (City) of Auburn,  Owner(s), and have made request for final settlement of said Contract. All persons having any claim for labor, materials, or otherwise in connection with this project should immediately notify:

N. Shane Yarbrough , P.E., Foresite Group

Richard Meinert, Meinert Architecture (Architect I Engineer)

Adams Construction & Associates, Inc. /Contractor

6053 Stage Rd. Auburn , AL 36832

Legal Run 09/16/21, 09/23/21, 09/30/21 & 10/07/21

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NOTICE OF COURT PROCEEDING

IN THE PROBATE COURT OF LEE COUNTY ALABAMA

Notice of the filing of Petition for Summary Distribution In the Estate of PAUL KIM, deceased

Notice is hereby given that a Petition for Summary Distribution has been filed in the LEE COUNTY Probate Office by Seung Hee Kim on September 9, 2021, pursuant to Section 43-2-690, Code of Alabama and that 30 days after the notice of publication hereof and pursuant to law the Court shall be required to enter an Order directing Summary Distribution of the estate of said decedent.
BILL ENGLISH, PROBATE JUDGE
Legal Run 09/16/2021

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IN THE MATTER OF THE ESTATE OF EVERLENA DENNISON, DECEASED

IN THE PROBATE COURT OF LEE COUNTY, ALABAMA

Case No: 2021-498

Letters of Administration of said deceased having been granted to the undersigned on the 3rd day of September, 2021,  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.

ROGER DELL DENNISON

Administrator

Robert H. Pettey

Samford & Denson, LLP

P.O. Box 2345

Opelika, AL 36803-2345

(334) 745-3504

Legal Run 09/16/21, 09/23/21 & 09/30/21

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IN THE MATTER OF THE ESTATE OF CHARLIE LEROY HERRON, II, DECEASED

IN THE PROBATE COURT OF LEE COUNTY, ALABAMA

Case No: 2021-499

Letters of Administration of said deceased having been granted to the undersigned on the 3rd day of September, 2021,  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.

LARRY GENE CLARK 

Administrator

Robert H. Pettey

Samford & Denson, LLP

P.O. Box 2345

Opelika, AL 36803-2345

(334) 745-3504

Legal Run 09/16/21, 09/23/21 & 09/30/21

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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 28, 2021 at 3:00 p.m. in the Meeting Chamber at Opelika  Municipal Court located at 300 MLK Boulevard, Opelika, Alabama. A Planning Commission work session will be held at 2:45 pm before the regular meeting. The purpose of the public hearings is to receive public comment on the following:

1. A public hearing on a request by Blake Rice, authorized representative for Opelika Equities, LLC, property owner, for preliminary and final plat approval of The Ballfields subdivision consisting of 5 lots accessed from Pepperell Parkway & 30th Street.

2. A public hearing on a request by Nathan McBride, authorized representative for Timberlands LLC, property owner, for preliminary and final plat approval of Rock Ridge Farms subdivision consisting of 14 lots accessed from Lee Road 154.

3. A public hearing on a request by Brian Lee, authorized representative for SP Opelika Ventures, LLC,   property owners, for preliminary plat approval of The Villages at Opelika subdivision plat consisting of 126 lots accessed at from Hi Pack Road.

4.  A public hearing on a request by Vic Patel and Arthur Nettles, authorized representative for AU Hospitality, LLC, property owners, for preliminary plat approval of the Opelika Marketplace Second Revision of Lot 5 subdivision plat consisting of 126 lots accessed at from Hi Pack Road.

5. A request by Blake Rice, authorized representative for Gary L. Hunt, property owner, for final plat approval of the Oak Bowery Pines Phase 2 subdivision consisting of 12 lots accessed from 1301 Oak Bowery Road. 

6. A request by Daniel Holland, authorized representative for Holland Homes, LLC, property owners, for final plat approval of the Foxrun Phase 1C subdivision consisting of 42 lots accessed from Village Drive & Burrow Circle.  

7. A public hearing on a reqest by Vic Patel and Arthur Nettles, authorized representative for AU Hospitality, LLC, property owner, for conditional use approval for a miniature golf course in the C-3, GC-P zoning district accessed at Parker Way.  

8.A public hearing on a request by Deanna Blackwell, authorized representative for Jimmy Kirk, property owner, for conditional use approval for a kitchen/bath showroom and cabinet manufacturing in the C-2, GC-P zoning district at 1508 2nd Avenue.   

 9a.   An agenda item related to a rezoning request concerns an amendment to the Future Land Use Map  for 3.2 acres accessed at the 1200 block South Fox Run Parkway from a light commercial to a general commercial land use category. If the Planning Commission votes to send a positive recommendation to the City Council to rezone the 3,2 acres and Council approves the rezoning, then approval of said amendments to the Future Land Use map will be approved. 

9b.  A public hearing to consider a recommendation to the City Council on a request by Michael Johnson,  authorized representative for Hud-One Properties, LLC, property owners, to rezone 3.2 acres accessed at the 1200 block South Fox Run Parkway from C-2, GC-P to C-3, GC-P zoning district.

10. A public hearing to consider a recommendation to the City Council on proposed text amendments to    the Zoning Ordinance: Amend Section 9 “Sign Regulations”; Section 2.2 “Definitions”,  Section 7.3B “Outdoor Advertising”, Section 7.8 “Village Commercial District”,  Section 8.4 “Home Occupation”, Section 8.18.1 “Planned Residential Development”, Section 8.24 “Adult Business Regulations”, and Section 8.27 “Body Art”

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 Kevin Rice, the City’s ADA Coordinator, at 334-705-5132 at least two (2) working days prior to the meeting if you require special accommodations due to a disability.  

PLANNING DIRECTOR

Legal Run 09/16/2021

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STATE OF ALABAMA

IN THE PROBATE COURT LEE COUNTY      

CASE NO.  2021-478

RE: ESTATE OF JAMES M. NEWTON, DECEASED:

NOTICE OF PUBLICATION

Letters Testamentary of said deceased having been granted to the undersigned on the 24th day of August, 2021, by the Judge of Probate Court of Lee County, Alabama, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.

/s/ Gwen S. Newton, Executor

Gwen S. Newton, Executor

Claud E. (Skip) McCoy, Jr., Esq.

Attorney for Executor

Johnson, Caldwell & McCoy, LLC

117 North Lanier Avenue, Suite 201

Lanett, Alabama 36863

(334) 644-1171

Legal Run 09/02/21, 09/09/21 & 09/16/21

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In The Probate Court Of Lee County Alabama

In Re: The Estate Of:

Alfred L. Ly les, a/k/a Alfred LeNard Lyles,  Deceased

TAKE NOTICE that Letters Testamentary  having  been granted  to: Annice Lyles Johnson, as Executrix of the Estate of: Alfred L. Lyles , a/ k/a Alfred LeNard Lyles , Deceased, on the 30th day of August,  2021 by the Honorable Bill English.

NOTICE IS HEREBY GIVEN that all persons having claims against the said Estate are hereby required to present the same with in the time allowed by law of the same will be barred.

ANNICE LYLES JOHNSON

EXECUTRIX

Legal Run 09/16/21, 09/23/21 & 09/30/21

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NOTICE OF COURT PROCEEDING

IN THE PROBATE COURT OF LEE COUNTY, ALABAMA

Notice of the filing of Petition for Summary Distribution

In the Estate of LARRY STEPHEN HIGHTOWER, deceased

Notice is hereby given that a Petition for Summary Distribution has been filed in the LEE COUNTY Probate Office by Carla Hightower on September 14, 2021, pursuant to Section 43-2-690, Code of Alabama and that 30 days after the notice of publication hereof and pursuant to law the Court shall be requested to enter an Order directing the Summary Distribution of the estate of said decedent.

BILL ENGLISH/PROBATE JUDGE

Legal Run 09/16/2021

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