PUBLIC NOTICES

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FORM OF ADVERTISEMENT FOR COMPLETION

LEGAL NOTICE

In accordance with Chapter 1, Title 39, Code of Alabama, 1975, notice is hereby given that Whatley Construction, LLC Contractor, has completed the Contract for (Construction) (Renovation) (Alteration) (Equipment) (Improvement) of Renovation of Covington Recreation Center at 213 Carver Ave., Opelika, AL 36801 for the State of Alabama and the (County) (City) City of Opelika, 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 Lathan Associates Architects, P.C. 300 Chase Park South, Suite 200, Hoover, Alabama, 35244.

Whatley Construction

(Contractor)

Post Office Box 137

Opelika, AL 36803-0137

(Business Address)

NOTE:This notice must be run once a week for four successive weeks for projects exceeding $50,000.00, for projects of less than $50,000.00, run one time only. Proof of publication is required.

Legal Run 05/20/21, 05/27/21, 06/03/21 & 06/10/21

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FORM OF ADVERTISEMENT FOR COMPLETION

LEGAL NOTICE

In accordance with Chapter I, Title 39, Code of Alabama, 1975, notice is hereby given that Whatley Construction LLC, Contractor, has completed the Contract for Auburn University- Leach Science Center- Butler Building Addition New HVAC System & Fire Alarm System- AU Project # 19-189, located at 380 Duncan Drive, Auburn, AL 36849 for the Auburn University Facilities Management, owner, and have made request for final settlement of said Contract.  All persons having any claim for labor, materials or otherwise in connection with this project should immediately notify HHB Engineers, P.C., 104 Josie Run, Prattville, AL 36066.

Whatley Construction LLC

Post Office Box 137

Opelika, Alabama 36803-0137

Legal Run 05/20/21, 05/27/21, 06/03/21 & 06/10/21

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IN THE PROBATE COURT OF LEE COUNTY, STATE OF ALABAMA

RE:  IN THE MATTER OF THE ESTATE OF DELAINE HAZEL BRITT,  DECEASED.

CASE NO.: 2021-288      

NOTICE OF APPOINTMENT TO BE PUBLISHED BY EXECUTRIX

Letters Testamentary of said deceased having been granted to Mary Jennifer Crunkleton, on the 14th day of May, 2021, by the Hon. Bill English, Judge of Probate 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. BY: James E. Hall, Attorney for Executrix.

Legal Run 05/20/21, 05/27/21 & 06/03/21

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IN THE ESTATE OF ANDREW C. STORY JR., DECEASED

N THE PROBATE COURT OF LEE COUNTY, ALABAMA CASE NO. 2021-139

NOTICE OF APPOINTMENT

LETTERS TESTAMENTARY of said deceased having been granted to

the undersigned on the 14th day of May , 2021, by Hon. Bill English, 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 the time allowed by law or the same will be barred.

JODI E. WELLS

Executrix

Legal Run 05/20/21, 05/27/21 & 06/03/21

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INVITATION TO BID

21018

Sealed bids for the construction of the

Northpark Drive 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 Tuesday June 8, 2021, 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.

Bidders are required to have a State of Alabama General Contractor’s License with a specialty of “Highways and Streets, Clearing and Grubbing, Earthwork, Erosion, Site Work, Grading or Municipal and Utility”.  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 approximate quantities of said Project are as follows:      approximately 8,800 l.f. curb and gutter and curb, 2800 s.y. concrete pavement/drives, 14,000 s.y. asphalt pavement, clearing and grubbing, roadway shoulder grading, existing pavement demolition.             

Drawings and Specifications may be examined at the Office of the City Engineer located at 700 Fox Trail, Opelika, Alabama, and phone number: 334-705-5450.  Bid documents may be obtained from TTL, Inc., designated as the office of the awarding authority for this purpose, located at 2890 Rice Mine Road NE. Tuscaloosa, AL 35406.  The contact person for the project is Frank Summers, PE.  They can be reached at 205-561-3778; fsummers@ttlusa.com.  Electronic files (PDF, CAD) will be released upon signature of an electronic release form obtained from TTL, Inc.  There will be no charge for electronic files.  Hard copy Plans, specifications and Contract Documents may be obtained at the above location upon the deposit of $250.00, which amount does not exceed twice the cost of printing, reproduction, handling and distribution of each set of such documents.  Deposits by prime Contractor bidders are refundable in full upon return of all documents in reusable condition within ten (10) days of bid opening.  Additional sets of bid documents for prime Contractor bidders, subcontractors, vendors or dealers may be obtained upon payment of the same deposit.  Such deposits will be refunded, less the cost of printing, reproduction, handling and distribution, if all the documents are returned in reusable condition within ten (10) days of bid opening.

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.

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, Ope¬li¬ka, Alabama, 36803-0390. Attn: Northpark Drive Improvements

A Pre-Bid Conference is required for this Project.  The mandatory pre-bid conference will be held by the   City   of   Opelika, Alabama, a Municipal Corporation, in the City Hall 2nd Floor Conference Room, 204 South Seventh Street, Opelika, Alabama, at 10:00 a.m., local time on Tuesday, June 1, 2021.  Any Alabama Licensed Contractor wishing to bid on this project as the prime contractor must have a company representative attend this meeting, signing the attendance sign-in-sheet with contact information.  The attendance record will be issued as part of Addendum No. 1 with the meeting minutes.  Failure to attend this meeting will disqualify any Contractor submitting a bid as the prime Contractor.

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 05/27/21 & 06/03/21

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IN THE MATTER OF THE ESTATE OF JANET CLANTON SMITH, DECEASED

IN THE PROBATE COURT OF LEE COUNTY, ALABAMA

CASE NO. 2021-270

NOTICE TO CREDITORS OF ESTATE

Letters of Administration on the Estate of said decedent having been granted to the undersigned on the 18th day of May, 2021, by the Honorable Bill English, Judge of Probate of said county in said State, 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 the same will be barred.

Erin Elizabeth Smith, Administrator of the Estate of Janet Clanton Smith, Deceased

Legal Run 05/27/21, 06/03/21 & 06/10/21

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NOTICE TO CREDITORS

ESTATE OF MALCOM FRED SIMS, Deceased

PROBATE COURT LEE COUNTY

CASE NO. 2021-297

NOTICE TO CREDITORS

Take Notice that LETTERS TESTAMENTARY of the Estate of MALCOM FRED SIMS are hereby granted to Susan Gladys Sims on the 19th day of May, 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 said estate are hereby required to present the same within time allowed by law or the same will be barred.

Legal Run 05/27/21, 06/03/21 & 06/10/21

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STATE OF ALABAMA

COUNTY OF LEE

TO: Gregory Smith and Harold T. Smith, whose whereabouts are otherwise unknown, and any known or unknown heirs of the Esatte of Willie G. Smith, deceased.

You will please take notice that on the 12th day of March, 2021 a certain paper in writing purported to be the Last Will and Testament of Willie G. Smith was filed in my office for Probate by Kenneth Roger Black and that the 24th day June, 2021 @ 10:00 a.m., CDT was appointed the day and time for the hearing thereof, at which time you can appear and contest the same, if you see proper.

Given under my hand, this the 19th day of May, 2021.

BILL ENGLISH, Judge of Probate

Legal Run 05/27/21, 06/03/21 & 06/10/21

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STATE OF ALABAMA

COUNTY OF LEE

To: Mrs. Charles Black, Mrs. Betty Bowman and Lowell Freeman, whose whereabouts are otherwise unknown, and any other known or unknown heirs of the Estate of Walter Leroy Bowman, deceased.

You will please take notice that on the 19th day of May, 2021 a certain paper in writing, purported to be the Last Will and Testament of Walter Leroy Bowman was filed in my office for Probate by Edward Earl Thomas, II and that the 24th day of June, 2021 @ 11:00 a.m., CDT was appointed the day and time for the hearing thereof, at which time you can appear and contest the same, if you see proper.

Given my hand, this the 19th day of May, 2021.

BILL ENGLISH, Judge of Probate

Legal Run 05/27/2021, 06/03/2021 & 06/10/2021

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IN RE THE ESTATE OF:

LUCILE WALLIS ARMSTRONG, a/ k/ a Mittie Lucile  Wallis Armstrong, Deceased.

IN THE PROBATE COURT OF LEE OF LEE COUNTY, ALABAMA

CASE  NO.   2021-302

NOTICE OF APPOINTMENT

LETTERS TESTAMENTARY of said deceased having been granted to the undersigned on the 20th day of May, 2021, by Hon. Bill English, Judge of  Probate Court of Lee County, Alabama, notice is hereby given that all persons having claims against said estate are here by required to present the  same within the time allowed by law or the same will be barred.

BARBARA A. RENIE

Executrix

Legal Drive 05/27/2021, 06/03/2021 & 06/10/2021

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IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA

IN THE MATTER OF: THE ESTATE OF TONY EARL MOORE, Deceased

Case No.: 2021-244
NOTICE TO CREDITORS

Take Notice that LETTERS OF ADMINISTRATION of said deceased having been granted to Tonie Robinson Moore on the 25th day of May, 2021 by the Honorable Bill English, 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 the time allowed by law or the same will be barred.

TONIE ROBINSON MOORE

Legal Run 06/03/2021, 06/10/2021 & 06/17/2021

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IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA      

IN THE MATTER OF: THE ESTATE OF A. D. PITTS,

Case No.: 2021- 2 51

NOTICE TO CREDITORS

Take Notice that LETTERS OF ADMINISTRATION of said deceased having been granted to Geraldine Pitts on the 27 day, of May, 2021 by the Honorable Bill English, 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 the time allowed by law or the same will be barred.

GERALDINE PITTS

Legal Run 06/03/21, 06/10/21 & 06/17/2021

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Tillman Infrastructure, LLC proposes to build a 275-foot Self-support Communications Tower at the

approx. vicinity of 0 U.S. Highway 280, Opelika, Lee County, AL 36801, Lat: 32-37-07.81, Long: -85-16-

15.27. Public comments regarding potential effects from this site on historic properties may be

submitted within 30 days from the date of this publication to: Trileaf Corp, Laura Elston,

l.elston@trileaf.com, 1395 South Marietta Parkway, Building 400, Suite 209, Marietta, GA 30067; 678-

653-8673

Legal Run 06/03/2021

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ORDINANCE NO. 010-21

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 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 R-1, GC-P District (Rural, Gateway Corridor-Primary Overlay District) to a R-3, GC-P District (Low-Density Residential, Gateway Corridor-Primary Overlay District), the parcels of land hereinafter described:

Parcel A

Commence at the Northwest comer of Section 9, Township 19 North, Range 26 East, Lee County, Alabama; and run thence South 0 degrees 08 minutes West for 521.3 feet to an iron pin on the Southwest margin of U.S. Highway 280; thence run South 67 degrees 1 minutes 31 seconds East for 3272 feet to an iron pin which point is the TRUE Point OF Beginning of the following described parcel. From said point of beginning continue to run along said Highway margin South 67 degrees 18 minutes 31 seconds East for 348.54 feet to an iron pin; thence leaving said highway margin run. South O degrees 48 minutes East for   feet along a fence to an iron pin; thence ren North 88 degrees Oi minutes 11 seconds West for 228.89 feet to an iron pin; thence run North C degrees 08 minutes 03 seconds East for 1,603.61 feet to an iron pin; thence run North 88 degrees 01 minutes 04 seconds West for 115.61 feet to an iron pin; thence run North 1 degree 0 minute 15 seconds West for 500.00 feet to the aforesaid Highway margin end True Point of Beginning.

Parcel B

Commence at the Northwest comer of Section 9, Township 19 North, Range 26 East, Lee County, Alabama; and run thence South 0 degrees 08 minutes West 521.3 feet to an iron pin on the Southwest margin of U.S. Highway 280, which point is the point of beginning of the following described tot. From said point of beginning,  run South 67 degrees 13 minutes 31 seconds East 32.72 feet along said highway margin to an iron pin; thence South 1 degree 00 minutes 15 seconds East 500.00 feet to an iron pin; thence South 88 degrees 01 minutes 04 seconds East 115.61 feet to an iron pin: thence South O degrees 08 minutes 03 seconds West 1608.61 feet along a power line to an iron pin; thence North 88 degrees 01 minutes 11 seconds West 113.61 feet along an old road bed to an iron pin; thence North 1 degree 00 minutes 15 seconds West 2,121.55 feet along a fence to the point of beginning.

The above-described property contains 17.8 acres, more or less, and is located at 5067 Birmingham Highway, 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 1st day of June, 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 2nd day of June, 2021.

/s/ Russell A. Jones CITY CLERK

ACTION BY MAYOR

APPROVED this the 2nd day of June, 2021.

/s/ Gary Fuller MAYOR

ATTEST:

/s/ Russell A. Jones CITY CLERK

Legal Run 06/03/2021

CITY OF OPELIKA

ZONING BOARD OF ADJUSTMENT

June 8, 2021    

9:00 A.M.

MEETING CHAMBERS

OPELIKA MUNICIPAL COURT

300 MLK BOULEVARD

 A. VARIANCE

Approval of the May 11, 2021 Zoning Board of Adjustment Minutes.

William Reason, dba Certified Lighting, 2950 Pepperell Parkway, Requesting a 2.0 footcandle  variance from the 0.3 footcandle maximum brightness allow at the property line for an internally lighted sign. (This item tabled at May 11th BZA meeting.)

Piedmont EM Services, Inc., 1509 Soapstone Way, Requesting a 3 foot front yard building setback variance from the 30 foot front yard setback requirement in the R-3 zoning district.

Piedmont EM Services, Inc., 1495 Soapstone Way, Requesting a 4 foot front yard building setback variance from the 30 foot front yard setback requirement in the R-3 zoning district.

B. APPEALS

Advantage of Advertising, LLC, 1441 Gateway Drive, Appealing the denial of a sign permit application for two signs 30 feet in height on a single support pole and each sign measuring 10 feet by 36 feet in the C-3 zone with Gateway Corridor Overlay – Primary.   The stated reasons for denial include the application being incomplete and compliance with Section IX of the City of Opelika zoning ordinance. 

Advantage of Advertising, LLC, 1450 Gateway Drive, Appealing the denial of a sign permit application for two signs 30 feet in height on a single support pole and each sign measuring 10 feet by 30 feet in the C-3 zone with Gateway Corridor Overlay – Primary.   The stated reasons for denial include the application being incomplete and compliance with Section 8.26 and Section IX of the City of Opelika zoning ordinance. 

Advantage of Advertising, LLC, 3300 Pepperell Parkway, Appealing the denial of a sign permit application for two signs 30 feet in height on a single support pole and each sign measuring 10 feet by 30 feet in the C-3 zone with Gateway Corridor Overlay – Primary.   The stated reasons for denial include the application being incomplete and compliance with Table 7.3, Sections 8.26, and Section IX of the City of Opelika zoning ordinance. 

Advantage of Advertising, LLC, northwest corner of the intersection of Fredrick Road and Cunningham Drive, Appealing the denial of a sign permit application for two signs 30 feet in height on a single support pole and each sign measuring 10 feet by 36 feet in the C-2 zone with Gateway Corridor Overlay – Primary.   The stated reasons for denial include the application being incomplete and compliance with Section 7.4.06, Section 8.26, and Section IX of the City of Opelika zoning ordinance. 

Advantage of Advertising, LLC, 2500 Cunningham Drive, Appealing the denial of a sign permit application for two signs 30 feet in height on a single support pole and each sign measuring 10 feet by 30 feet in the C-2 zone.   The stated reasons for denial include the application being incomplete and compliance with Section 7.4.06, Section 8.26, and Section IX of the City of Opelika zoning ordinance. 

Advantage of Advertising, LLC, 1405 Geneva Street, Appealing the denial of a sign permit application for two signs 30 feet in height on a single support pole and each sign measuring 10 feet by 30 feet in the C-3 zone with Gateway Corridor Overlay – Primary.   The stated reasons for denial include the application being incomplete and compliance with Table 7.3, Sections 8.26, and Section IX of the City of Opelika zoning ordinance. 

  NOTE:

The City of Opelika complies with the American with Disabilities Acts.

The City of Opelika will make reasonable arrangements to ensure accessibility to this meeting.

If you need special assistance to participate in this meeting, please contact the ADA Coordinator 72 hours prior to the meeting at ADA@opelika-al.gov or (334)705-2083.

Legal Run 06/03/2021

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