PUBLIC NOTICES

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NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the City Council of the City of Opelika will hold a Public Hearing on Tuesday, February 15, 2022, 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 pre-zone certain real property located on the east side of Sellers Drive within the unincorporated area of Lee County, Alabama to a R/E District (Retail/Entertainment District). 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.__________

ORDINANCE TO PRE-ZONE PROPERTY LOCATED ON THE EAST SIDE OF SELLERS DRIVE

WHEREAS, Opelika Investment Properties, LLC, a Florida limited liability company, as the owner of certain real property located on the east side of Sellers Drive (2800/2900 blocks of Sellers Drive) within the unincorporated area of Lee County, Alabama, has requested that said property be pre-zoned to a R/E District (Retail/Entertainment District) prior to annexing into the City of Opelika; and

WHEREAS, said real property is located on the east side of Sellers Drive and is more particularly described as follows:

Parcels 10, 11, 12, 13, 14, 15 & 16 of Prescott Subdivision, as recorded in Plat Book 14, Page 147, in the Office of the Judge of Probate of Lee County, Alabama, containing, in aggregate, 12.636 acres, more or less; and being Parcel B on that certain plat of survey prepared by James D. Miller dated June 13, 2005, entitled “Boundary Survey for Segars Properties, LLC”.

The above-described property contains 12.6 acres, more or less, and is located in the 2800/2900 blocks of Sellers Drive

; and

WHEREAS, at the regular meeting of the Planning Commission on December 21, 2021, the Commission did recommend to the City Council that said property be zoned to R/E; and

WHEREAS, due notice of said proposed pre-zoning has been provided to the public as required by law through publication; and

WHEREAS, the City Council of the City of Opelika after due consideration, and upon consideration of the recommendation of the Planning Commission, finds and determines that the application for pre-zoning of the above described real property is proper and in the best interest of the citizens of the City of Opelika, Alabama.

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

Section 1.  Zoning.      That the above-described real property is hereby pre-zoned to a R/E District (Retail/Entertainment District). Upon annexation of said property, the property shall be assigned the R/E district and the zoning ordinance and zoning map shall be amended to reflect said zoning. Should the annexation not occur prior to the expiration of this pre-zoning as set forth in Section 4, this pre-zoning shall have no effect and the property shall remain in the unincorporated area of Lee County, Alabama.

Section 2.   Repealer.      All other City ordinances or parts thereof in conflict with the provisions of this Ordinance, in so far as they conflict, are hereby repealed.

Section 3.  Severability.  The provisions of this Ordinance are severable. If any provision, section, sentence or part thereof shall be held unconstitutional or invalid, such decision shall not effect or impair the remainder of said Ordinance, it being the legislative intent to ordain and enact each provision, section, paragraph, sentence or part thereof separately and independently of each other.

Section 4.  Effective Date and Expiration Date.  This Ordinance and, in particular the pre-zoning shall take effect after the date of its approval by the City Council of the City of Opelika and publication as required by law. Pursuant to the Code of Alabama (1975), §11-52-85, the zoning of the property shall become effective upon the date the territory is annexed into the corporate limits. If any portion of the territory is not annexed into the corporate limits within 180 days of the initiation of annexation proceedings as provided by law, then this pre-zoning shall be null and void.  Should the pre-zoning become null and void, the applicant may reapply for pre-zoning at any time as long as an annexation petition is pending.

Section 5.  Publication.  This ordinance shall be published as provided by law in a newspaper of general circulation in the City of Opelika, 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 Brian Weiss, the City’s Interim 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.

WITNESS my hand this the 13th day of January, 2022.

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

Legal run 01/13/2022

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ORDINANCE NO. 002-22

AN ORDINANCE APPROVING FIRST AMENDMENT TO OPTION AND LEASE AGREEMENT BETWEEN THE CITY OF OPELIKA AND LEVEL-UP TOWERS, LLC,

WHEREAS, the City of Opelika, Alabama (the “City”) and Level-Up Towers, LLC (“Level-Up”) entered into an Option and Lease Agreement (the “Agreement”) dated December 20, 2020, pursuant to which, the City leases to Level-Up Towers a tract of land containing approximately 2500 square feet in Floral Park; and

WHEREAS, the City and Level-Up desire to amend the Agreement to modify the rent and option term; and

WHEREAS, a proposed First Amendment to Option and Lease Agreement by and between the City and Level-Up has been prepared and submitted to the City Council for approval, and the City Council has determined that it is now in the best interest of the City and its citizens to approve said Agreement.

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

1. That the proposed First Amendment to Option and Lease Agreement to be entered into between the City and Level-Up Towers, LLC, a copy of which is on file in the office of the City Clerk, be and the same is approved, authorized, ratified, and confirmed in the form substantially submitted to the City Council.

2. That the Mayor is hereby authorized and directed to execute and deliver said Agreement in the name and on behalf of the City.

3. That the officers of the City and any person or persons designated and authorized by any officers of the City to act in the name and on behalf of the City, or any one or more of them, are authorized to do or cause to be done or performed in the name and on behalf of the City such other acts and to execute and deliver or cause to be executed and delivered in the name and on behalf of the City such other notices, certificates, assurances or other instruments or other communications under the seal of the City or otherwise, as they or any of them deem necessary or advisable or appropriate in order to carry into effect the intent of the provisions of this Ordinance and the Agreement.

4. That this ordinance shall become effective immediately upon its adoption and publication as required by law.

5. That the City Clerk of the City of Opelika is hereby authorized and directed to cause this ordinance to be published one (1) time in a newspaper published in and of general circulation in the City of Opelika, Alabama.

ADOPTED AND APPROVED this the 4th day of January, 2022.

/s/ Eddie Smith

 PRESIDENT OF THE CITY COUNCIL OF THE

CITY OF OPELIKA, ALABAMA

ATTEST:

/s/ Russell A. Jones

 CITY CLERK

TRANSMITTED TO MAYOR this the 5th day of January, 2022.

/s/ Russell A. Jones                                     CITY CLERK

ACTION BY MAYOR

APPROVED this the 5th day of January, 2022.

/s/ Gary Fuller                                            MAYOR

ATTEST:

/s/ Russell A. Jones

CITY CLERK

Legal run 01/13/2022

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ORDINANCE NO. 001-22

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 C-2, GC-P District (Office/Retail, Gateway Corridor-Primary Overlay District) to a C-3, GC-P District (General Commercial, Gateway Corridor-Primary Overlay District), the parcel of land hereinafter described:

Lot 1A as shown on the “Harley-Davidson Subdivision” plat recorded in Plat Book 26, at Page 6 on November 12, 2004, at the Lee County Courthouse.

The above-described property contains 3.3 acres and is located in the 1200 block of South Fox Run Parkway, Opelika, Alabama.

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 4th day of January, 2022.

/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 5th day of January, 2022.

/s/ Russell A. Jones

CITY CLERK

ACTION BY MAYOR

APPROVED this the 5th day of January, 2022.

/s/ Gary Fuller

MAYOR

ATTEST:

Russell A. Jones

CITY CLERK

Legal run 01/13/2022

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INVITATION TO BID

22004

Sealed bids for the construction of the  SOUTHSIDE CENTER FOR THE ARTS

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 Thursday, February 3, 2022, and then publicly opened and read aloud.  All interested parties are invited to attend.  Only bids from competent general contractors will be considered.  At the time of contract award, 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 Non-Mandatory Pre-Bid Conference will be held on Tuesday, January 18, 2022, at 10:30 a.m. Central Time, Opelika City Hall 2nd Floor Conference Room, at, 204 South 7th Street, Opelika, AL  36801.

All General Contractors bidding this project shall be required to visit the site and examine all existing conditions prior to submitting their proposal. All Bidders shall have general liability and workman’s compensation insurance.

The project shall be bid excluding taxes. Bids must be submitted on proposal forms furnished by the Architect or copies thereof. The Owner reserves the right to reject any or all proposals and to waive technical errors if, in the Owners judgment, the best interests of the Owner will thereby be promoted.

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 will be required at the signing of the Contract. The right is reserved by the Owner to reject all Bids and to waive irregularities.

All bidders bidding in amounts exceeding that established by the State Licensing Board for General Contractors must be licensed under the provisions of Title 34, Chapter 8, Code of Alabama, 1975, and must show evidence of license before bidding or bid will not be received or considered by the Architect. All bidders shall show such evidence by clearly displaying current license number on the outside of sealed envelope in which the proposal is delivered.

Electronic images of the documents may be viewed on-line and printed by General Contractors, SubContractors and Suppliers by obtaining documents through the www.mckeeassoc.com web site, by contacting the Architect at mckeeplans@gmail.com for log-in information and password. Please provide company name, address, phone #, fax #, email address and GC License #. This is the only web site endorsed by the Architect. The Architect is unable to monitor, confirm and maintain websites that are beyond his control. Addendums shall be posted on the above web site. The Architect retains ownership and copyrights of the documents. If bidders require printed sets the following shall apply: Submit to the Architect a deposit of $150.00 per set. The deposit shall be refunded less shipping charges for each set returned in reusable condition within ten days after bid opening.

All RFI’s and RFA’s regarding the bid documents shall be sent and addressed through emails found on the RFI and RFA forms in the project manual. NOTE: Only the RFI AND RFA FORMS IN THE PROJECT MANUAL WILL BE ACCEPTED. The Architect will not accept inquires via telephone or fax.

Completion Time: See scope of work in Project Manual.

Supervision: Contractor to provide Superintendent(s) to ensure proper supervision for all work.
Architect: McKee & Associates Architects, Inc., 631 South Hull Street, Montgomery, AL 36104, Phone: 334-834-9933

The bidder’s proposal must be submitted on the complete original proposal furnished to him/her by the City of Opelika.  All information in the proposal must be completed by the bidder for the proposal to be accepted.

As a condition for award, the business entity and its subcontractors shall not knowingly employ or hire an unauthorized alien within the State of Alabama.   The awarded business entity must provide documentation of enrollment in the E-Verify program.  The business must participate in the E-Verify program for the length of the contract.

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: SOUTHSIDE CENTER FOR THE ARTS

 LILLIE FINLEY- PURCHASING REVENUE MANAGER

CITY OF OPELIKA

204 SOUTH SEVENTH STREET 36801 (Delivery)

POST OFFICE BOX 390 36803-0390 (Mail)

OPELIKA, ALABAMA

PH: (334) 705-5120

Legal Run 01/13/2022 & 01/20/2022

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CITY OF OPELIKA

SYNOPSIS OF ZONING NOTICE

The City Council of the City of Opelika will hold a public hearing on Tuesday, February 1, 2022, at 7:00 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:

Lot 1, 2, and 3 as shown on the ‘San Marco Subdivision, First Addition’ plat recorded in plat book 12, page 134 on November 13, 1986 at the Lee County, Alabama Courthouse

The above-described property, containing approximately 17.9 acres, is located along Crawford Road (Highway 169).

The Development Plan (Master Plan) provides for a residential development consisting of approximately 47 single-family home lots and two (2) parcels that are reserved for stormwater detention/open space.

Public Notice of this public hearing with insertion of the proposed ordinance was first published on January 6, 2022, 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.

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 Brian Weiss, the City’s Interim 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 13th day of January, 2022.

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

Legal run 01/13/2022

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IN THE PROBATE COURT OF LEE COUNTY,  ALABAMA

CASE NO. 2021-655

EARNEST W. PATE a/k/a ERNEST W. PATE

NOTICE OF COURT PROCEEDING

Notice of the filing of Petition for Summary Distribution

In the Estate of EARNEST W. PATE a/k/a ERNEST W. PATE, deceased

Notice is hereby given that a Petition for Summary Distribution has been filed in the LEE COUNTY PROBATE Office by Douglas A. Pate on December 9, 2021, pursuant to Section 43-2-690, Code of Alabama and that 30 data after the Notice of publication hereof and pursuant to law the Court shall be requested to enter an Order directing Summary Distribution of the Estate of said decedent.

BILL ENGLISH,  PROBATE JUDGE

Legal Run 01/13/2022

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