PUBLIC NOTICES

ORDINANCE NO. 012-22

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 R-4M, GC-P District (Medium Density Residential, Gateway Corridor Primary Overlay District) to a C-2, GC-P District (Office/Retail, Gateway Corridor Primary Overlay District), the parcel of land hereinafter described:

A parcel of land in Section 23, Township 19 North, Range 26 East Lee County, Alabama containing 10.1 acres more or less being numbered 4 on Plat of Survey made by Ralph O. Bush, Surveyor 1447 in October 1957 said proerty being more particularly described as follows:

Beginning at the Northwest corner of said Section 23, and run thence East for a distance of 1562.5 feet; run thence South 05 degrees 52 minutes East for a distance of 846 feet; run thence south 00 degrees 36 East for 460 feet: run thence East for a distance of 1282.5 feet to the Northeasterly corner of said Lot 4 to the POINT OF Beginning of the parcel of land herein described and conveyed; from said point of beginning, run thence South 00 degrees 30 minutes East for a distance of 1219 feet to a public highway; run thence along said highway, South 73 degrees 45 minutes West for a distance of 154.8 feet; run thence south 72 degrees 02 minutes West for a distance o 204 feet; ; run thence North 00 degrees 30 minutes West for a distance of 1323 feet; run thence East for a distance of 343,5 feet to the POINT OF BEGINNING.

This conveyance is subject to that right-of-way granted to Alabama Pawer Company.

LESS AND EXCEPT THEREFROM:

POINT OF BEGINNING and being further described on that certain Plat of survey prepared on 06/14/66 by Noah L. McCrory, Ala Reg. Land Surveyor No. 2596, a copy of which is attached to warranty Deed dared 08/23/66 of record in Deed Book 737 at Page 362 in the Office of the Judge of Probate of Lee County, Alabama.

ALSO LESS AND EXCEPT THEREFROM:

Commencing at the Northwest corner of Section 23, Township 19 North, Range 26 East, Lee County, Alabama; run thence East for a distance of 2582.1 feet; run thence South 00 degrees 30 minutes East for a distance of 2045.0 feet to an iron pin and the POINT OF BEGINNING of the parcel of land herein described and conveyed; from said point of beginning, run thence North 72 degrees 02 minutes East for a distance of 150.0 feet to an iron pin; run thence South 00 minutes 30 minutes East for a distance of 580.8 feet to an iron on the Northerly margin of the 100 foot right-of-way of Lee county Highway No. 42 (Now known as Fredrick Road); run thence North 72 degrees 02 minutes East along the Northerly margin of said highway for a distance of 54 feet to a concrete right-of-way marker Station -P.C. 201+05.4; run thence North 00 degrees 30 minutes West for a distance of 650.4 feet to an iron pin; run thence South 72 degrees 02 minutes West for a distance of 204.0 feet to the OINT OF BEGINNING, containing 1.0 acres more or less and being further described as as Parcel “B” on a Plat of Survey prepared on 06/18/76 by Noah L. McCrory, Ala, Reg. Land Surveyor No. 2596, a copy of which is attached to Warranty Deed dated 07/27/76 of record in Deed Book 975 at Page 627 in the Office of the Judge of Probate of Lee County, Alabama.

The above-described property contains approximately 7.0 acres and is located in the 2500 block of Frederick Road, 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 7th day of June, 2022.

/s/ Erica Baker-Norris PRESIDENT PRO-TEM OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA

ATTEST:

/s/ Russell A. Jones, CMC CITY CLERK

TRANSMITTED TO MAYOR on this the 8th day of June, 2022.

/s/ Russell A. Jones, CMC CITY CLERK

ACTION BY MAYOR

APPROVED this the 8th day of June, 2022.

/s/ Gary Fuller MAYOR

ATTEST:

/s/ Russell A. Jones CITY CLERK

Legal Run 6/16/2022

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NOTICE OF SALE NOTICE IS HEREBY GIVEN that the undersigned intends to sell the personal property described below to enforce a lien imposed on said property under The Self Service Storage Act. The undersigned will sell at public sale by competitive bidding on Thursday the 30th day of June, 2022 at 10:00 AM on Lockerfox.com. Said property is iStorage, 3806 Pepperell Parkway, Opelika, AL, 36801 Tyson, TyKia 91 Canning Supplies Luggage Folding Tables Misc Household goods. Purchases must be paid for at the time of purchase by cash only. All purchased items are sold as is, where is, and must be removed within 48 hours of the sale. Sale is subject to cancellation in the event of settlement between owner and obligated party.

Legal Run 6/16/2022

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NOTICE OF SALE NOTICE IS HEREBY GIVEN that the undersigned intends to sell the personal property described below to enforce a lien imposed on said property under The Self Service Storage Act. The undersigned will sell at public sale by competitive bidding on Thursday the 30th day of June, 2022 at 10:00 AM on Lockerfox.com. Said property is iStorage, 501 North 26th St, Opelika, AL, 36801 Goodwin, Darnisha 2101 mattress, box springs, two couches, boxes, table and dryer. Lisa Simmons 2052 2 Chairs, Assorted Household Items, Table Lamp, Bags, Boxes. Lisa Simmons 2092 assorted of misc boxes and bags. Purchases must be paid for at the time of purchase by cash only. All purchased items are sold as is, where is, and must be removed within 48 hours of the sale. Sale is subject to cancellation in the event of settlement between owner and obligated party.

Legal Run 6/16/2022

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NOTICE TO CREDITORS

Take Notice that LETTERS TESTAMENTARY of the Estate of CAROL FIELDS are hereby granted to Holly Elizabeth Fields Eaton and Sidney Lewis Fields, III, as Co-Personal Representatives on the 1st day of June, 2022, 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 (Lee Co. Probate Case No. 2022-299).

Legal Run 6/16/2022, 6/23/2022 & 6/30/2022

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IN THE MATTER OF THE ESTATE OF DAVID LEE RIVENBARK, DECEASED

IN THE PROBATE COURT OF LEE COUNTY, ALABAMA

CASE NO. 2022-295

NOTICE TO CREDITORS

TAKE NOTICE that Letters Testamentary of said deceased having been granted to David Lee Rivenbark, Jr., on the 23rd day of May, 2022, 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 the time allowed by law or the same will be barred.

BILL ENGLISH, PROBATE JUDGE

Legal Run 06/02/2022, 06/9/2022 & 06/16/2022

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IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA

IN THE MATTER OF DOROTHY JEAN COCHRAN, deceased

Case No.: 2022-297

NOTICE TO CREDITORS

Take Notice that LETTERS OF ADMINISTRATION of said deceased having been granted to Marcus Phillip Cochran on the 25th day of May, 2022 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.

MARCUS PHILLIP COCHRAN

Legal Run 06/02/22, 06/09/22 & 06/16/2022

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IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA

IN THE MATTER OF THE ESTATE OF RUDOLPH JEROME SHORT, Deceased

Case No.: 2022-298

NOTICE TO CREDITORS

Letters Testamentary of said deceased having been granted to Jeremy Keith Short, Personal Representative on the 25th day of May, 2022, by Honorable Bill English, Judge of Probate Court of Lee County, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.

JEREMY KEITH SHORT

Legal Run 06/02/2022, 06/09/2022 & 06/16/2022

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IN THE PROBATE COURT OF LEE COUNTY, ALABAMA

IN RE: The Estate of Joshua Ransom Vinson, deceased

Case Number: 2022-208

NOTICE TO CREDITORS

TAKE NOTICE that Letters of Administration have been granted to Michael Vinson as Administrator of the Estate of Joshua Ransom Vinson deceased, on the 20th Day of May, 2022 by the Honorable Bill English, Judge of Probate.

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.

Michael Vinson,

Personal Representative of the Estate of Joshua Ransom Vinson

Legal Run 06/09/22, 06/16/22 & 06/23/22

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IN RE: THE ESTATE OF DOLORES A. VAN WETTERING, DECEASED

IN THE PROBATE COURT OF LEE COUNTY

NOTICE OF APPOINTMENT

Letters Testamentary of said deceased having been granted to the undersigned on the 2nd day of June, 2022, 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.

GUY PARKER VAN WETTERING

TAD PARKER VAN WETTERING

Legal Run 06/09/2022, 06/16/2022 & 06/23/2022

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IN RE: THE ESTATE OF EMMA G. GOODEN, Deceased

IN THE PROBATE COURT OF LEE COUNTY, ALABAMA

CASE NO. 2022-320

NOTICE OF APPOINTMENT

SANDRA HENDERSON – Executrix

Legal Run 06/09/2022, 06/16/2022 & 06/23/2022

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IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA

IN RE: THE ESTATE OF VIRIGINA B NELMS, DECEASED

CASE NO. 2022-300

NOTICE OF HEARING

TO: Gregory Nelms, Thaddeus Menifee. Tonya Nelms Johnson all address’s unknown and any unknown heirs of VIRGINIA B. NELMS, deceased

Notice is hereby given that a Petition for Letters of administration of the Estate of VIRGINIA B. NELMS, deceased. A hearing has been set for the 28th day of July, 2022 at 10:00 a.m. central time, electronically via “ZOOM”. Please contact the Lee County Probate Court at 334-737-3670 for access to the electronic hearing should you intend to take part in the hearing of the Petition for Letters of Administration of the Estate of VIRGINIA B. NELMS, deceased.

Judge of Probate, Lee County, Alabama

Legal Run 06/09/22, 06/16/22 & 06/23/22

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NOTICE TO CREDITORS

ESTATE OF MARIA A. HIGGINBOTHAM, DECEASED

PROBATE COURT LEE COUNTY

CASE NO. 2022-237

NOTICE TO CREDITORS

Take Notice that LETTERS TESTAMENTARY of the Estate of MARIA A. HIGGINBOTHAM are hereby granted to Jon M. Shaw on the 26th day of April, 2022, 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.

Jon M. Shaw

Legal Run 6/9/22, 6/16/22 & 6/23/22

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IN THE PROBATE COURT OF LEE COUNTY, ALABAMA

IN RE: THE ESTATE OF JERRY WAYNE WHITE, DECEASED.

TAKE NOTICE that Letters Testamentary having been granted to Sandra Jean White, a/k/a Sandra Johnson White, as Executrix of the Estate of Jerry Wayne White, deceased, on the 7th day of June, 2022, by the Honorable Bill English.

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

Sandra Jean White, Executrix

Of the Estate of Jerry Wayne White, Deceased

Marrell J. McNeal, Attorney at Law, PC

PO Box 308

Opelika, AL 36803

334-745-7033

Legal Run 06/09/2022, 06/16/2022 & 06/23/2022

ORDINANCE NO. 013-22

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:

Lot Number One (#1) in the Subdivision of the Frisbie Tract of Land of Pepperell Manufacturing Company as shown by map or plat thereof recorded Town Plat Book 3, at Page 16 in the Office of Judge of Probate Of Lee County, Alabama.

The above-described property contains approximately 6.0 acres and is located at the intersection of Old Opelika Road and Frederick Road, 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 7th day of June, 2022.

/s/ Erica Norris PRESIDENT PRO-TEM OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA

ATTEST:

/s/ Russell A. Jones, CMC CITY CLERK

TRANSMITTED TO MAYOR on this the 8th day of June, 2022.

/s/ Russell A. Jones, CMC CITY CLERK

ACTION BY MAYOR

APPROVED this the 8th day of June, 2022.

/s/ Gary Fuller MAYOR

ATTEST:

/s/ Russell A. Jones CMC CITY CLERK

Legal Run 6/16/2022

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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, June 28, 2022 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:

I. Some items at this meeting will have a designated public hearing (noted below). Individuals are limited to one 5-minute comment period per public hearing.

II. Approval of Minutes

III. Update on Previous Planning Commission Cases

IV. New Business

A. Plat (Preliminary only) – Public Hearing

1. A public hearing on a request by Daniel Holland, authorized representative for Holland Homes, property owner, for preliminary plat approval of the Foxrun Phase 2 subdivision consisting of 123 lots accessed from Village Drive.

B. Plat (Preliminary and Final) – Public Hearing

2. A public hearing on a request by Blake Rice, Barrett-Simpson, Inc., authorized representative for The Estate of Armetta Johnson, property owner, for preliminary and final plat approval of the Armetta Johnson Estate subdivision consisting of 2 lots accessed at 709 Martin Luther King Boulevard.

C. Master Plan Revisions (Minor) and Preliminary and Final Plat – Public Hearing

3. A request by Blake Rice, Barrett-Simpson, Inc., authorized representative of 280 Land Company, LLC property owner, for Minor Amendments to the Hidden Lakes PUD Master Plan, Lakeview Drive, consisting of removal of 12 townhome units and add 7 lots for Rear Alley Entrance Cottages.

4. A public hearing on a request by Blake Rice, Barrett-Simpson, Inc, authorized representative for 280 Land Company, LLC, property owners, for preliminary and final plat approval of the Hidden Lakes Cottages subdivision consisting of 7 lots accessed from Lakeview Drive.

D.Final Plat

5. A request by Vic Patel and Arthur R. Nettles, authorized representative for VAH Investments. LLC, property owner for final plat approval of Opelika Marketplace, Redivision of Lot 5-A-3-B-2 Second Revision of Lot 5 subdivision consisting of 4 lots accessed from Parker Way.

E. Master Plan Revisions (Minor)

6. Ballfields PUD Master Plan, Minor Amendments to Master Plan, North 30th Street and Pepperell Parkway, Blake Rice, Barrett-Simpson, Inc., Removal of 168 apartment units and add 32 townhome units.

F. Conditional Use – Public Hearing

7. A public hearing on a request by Blake Rice, Barrett-Simpson, Inc., authorized representative for Martin Burdette, property owner, for conditional use approval for an ATV (All Terrain Vehicle) sales lot and maintenance shop in the C-3, GC-P zoning district accessed at 4800 Birmingham Highway (NW corner of Birmingham Hwy & Grand National Parkway)

8. A public hearing on a request by Blake Rice, Barrett-Simpson, Inc., authorized representative for McOne Development, LLC, property owner, for conditional use approval for 5 townhome units in the C-3, GC-S zoning district accessed at 807 Torbert Boulevard.

9. A public hearing on a request by David Slocum, P.E., authorized representative for J & G Properties, LLC, property owner, for conditional use approval to increase the size of a proposed climate control miniwarehouse in the C-2, GC-P zoning district accessed at the 3500 block of Birmingham Hwy (Hwy 280).

10. A public hearing on a request by David Slocum, P.E., authorized representative for Hayley Investments, LLC, property owner, for conditional use approval for 18 cottages (condominium units) C-2 zoning district accessed at 1110 – 1190 Fitzpatrick Avenue.

11. A public hearing on a request by Howard J. Porter, authorized representative for PFI, Ltd., property owner, for conditional use approval for distribution warehouses in a C-3, GC-P zoning district accessed at 95 Orr Avenue.

12. A public hearing on a request by Foresite Group, LLC, authorized representative for Bush Properties, Inc., property owner, for conditional use approval for the Gateway Car Wash in a C-2, GC-P zoning district accessed at 2015 Gateway Drive.

G. Rezoning and Conditional Use – Public Hearing

13. A public hearing to consider a recommendation to the City Council on a request by Brandon Hays, authorized representative of William P. Johnston, Jr., John B. Kirkland, and Edwin Whatley, property owners, to rezone 3.14 acres at 3373 Society Hill Road from R-1 to C-2, GC-P.

14. A public hearing on a request by Brandon Hays, authorized representative for William P. Johnston, Jr., John B. Kirkland, and Edwin Whatley, property owners, for conditional use approval for an office of contractor without equipment and material yard (no outside storage) in a C-2, GC-P zoning district at 3373 Society Hill Road (Approval is pending on rezoning property to C-2, GC-P).

H. Rezoning – Public Hearing

15. A public hearing to consider a recommendation to the City Council on a request by Blake Rice, Barrett-Simpson, Inc., authorized representative for Capps Family Partners, LTD, to rezone 40 acres accessed at the 2900 block of Society Hill Road from C-2 and R-1 zone to C-2 zoning district.

V. Old Business

I. Conditional Use – Public Hearing

16. A public hearing on a request by Blake Rice, authorized representative for Brookhaven Property Group, LLC, property owners, for conditional use approval to add 36 apartment units to Pinehurst Apartments in the R-4 zoning district accessed at 1500 Pinehurst Drive (700 block West Point Parkway). (This item was tabled at the February 22nd PC meeting at the applicant’s request.)

All interested persons are invited to attend the meeting/public hearings and be heard. Written comments concerning the above matters may be mailed to the Planning Director at 700 Fox Trail, Opelika, Alabama 36801 at any time prior to the meeting/public hearings and may be further submitted to the Planning Commission at the meeting/public hearings.

The Planning Commission reserves the right to modify or alter any of the proposed amendments to the Zoning Ordinance and to make its recommendations accordingly to the City Council.

Please contact the Planning department at 334-705-5156 at least two (2) working days prior to the meeting if you require special accommodations due to a disability.

PLANNING DIRECTOR

Legal Run 06/16/2022

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ORDINANCE NO. 014-22

AN ORDINANCE AMENDING THE ZONING ORDINANCE TO AMEND SUBSECTION 9.5.24(1) “CHANGEABLE COPY SIGN”; TO AMEND TABLE 9.7(2) “SIGN REQUIREMENTS FOR OTHER PERMITTED TYPES OF TEMPORARY SIGNS”; PROVIDING A REPEALER CLAUSE; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE – BE IT ORDAINED by the City Council (the “Council”) of the City of Opelika, Alabama (the “City”) as follows:

Section 1. Amendment of Subsection 9.5.24(1). That Subsection 9.5.24(1) “Changeable Copy Signs” of Ordinance No. 124-91 entitled “Zoning Ordinance of the City of Opelika, Alabama” adopted on September 17, 1991, as further amended (hereinafter referred to as the “Zoning Ordinance”) is hereby amended to read as follows:

Sec. 9.5.24

(1) Changeable Copy Signs.

(a) As part of a permitted freestanding sign or wall sign and

notwithstanding Section 9.4: Prohibited Signs, or any other provision of this Section IX to the contrary, a changeable copy sign, manual or electronic (LED), may be installed. The changeable copy sign shall not occupy more than fifty percent (50%) of the total sign area of the freestanding sign or wall sign.

(b) Notwithstanding Section 9.4: Prohibited Signs, or any other provision of this Section IX to the contrary, the static display time for each message on a changeable copy sign shall be at least ten (10) seconds, and the time to change from one (1) message to another shall be no greater than two (2) seconds.

(d) All changeable copy signs shall be subject to the illumination standards of Section 9.5(5).

Section 2. Amendment of Table 9.7(2). That Table 9.7(2) of the Zoning Ordinance is hereby amended to read as follows:

SEE TABLE BELOW

Section 3. Severability Clause. If any section, sentence or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, said holding shall not affect the remaining portions of this ordinance.

Section 4. Repealer Clause. All former ordinances or parts thereof conflicting or inconsistent with this ordinance are repealed.

Section 5. Effective Date. This ordinance shall become effective and enforced immediately upon its passage and publication as required 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.

Section 7. Codification. Codification of this ordinance in the Zoning Ordinance of the City of Opelika is hereby authorized and directed.

ADOPTED AND APPROVED this the 7th day of June, 2022.

/s/ Erica Norris PRESIDENT PRO-TEM OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA

ATTEST:

/s/ Russell A. Jones, CMC CITY CLERK

TRANSMITTED TO MAYOR on this the 8th day of June, 2022.

/s/ Russell A. Jones, CMC CITY CLERK

ACTION BY MAYOR

APPROVED this the 8th day of June, 2022.

/s/ Gary Fuller MAYOR

ATTEST:

/s/ Russell A. Jones CITY CLERK

Legal Run 6/16/2022

PUBLIC NOTICES

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