PUBLIC NOTICES

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IN THE CIRCUIT COURT OF LEE COUNTY, ALABAMA

HARDWOOD, LLC, Plaintiff v. Case No.: CV-2022-900402.00

A tract or parcel of land designated as: Lot 9, Lower Acres Estates Subdivision, being

More particularly described as follows, to wit: Commence at the Southwest corner of Section 8,  Township 17 North, Range 27 East, in Lee County, Alabama; thence run North 88 degrees  50 minutes 49 seconds East, 485.92 feet; thence 

run North 01 degrees 09 minutes 11 seconds West, 240.00 feet; thence run North 03 degrees 11 minutes 43 seconds East, 55.03 feet to the

POINT OF BEGINNING of the parcel to be described herein: FROM SAID POINT OF

BEGINNING, thence run South 89 degrees 02 minutes 07 seconds West, 208.31 feet to a point  on the east margin of Alabama Highway No. 51; 

thence run in a northerly direction along said margin of said highway on the arc of a curve to  the right having a radius of 5,013.20 feet for an arc length of 120.0 feet; thence run South 89 degrees 35 minutes 36 seconds East, 215.29 feet; 

thence run South 03 degrees 11 minutes 43 seconds West, 115.14 feet to the POINT OF

BEGINNING, containing 0.572 acres, +/-.

And Howard J. McNally, and/or the unknown heirs

Of Howard J. McNally, And

Linda J. McNally, and/or the unknown heirs Of Linda J. McNally, And

Fictitious Defendants A, B, C, D, E, F & G, Being Persons, Individuals, Firms, Associations, Partnerships, Corporations or other Entities,

Whose names are otherwise unknown to the  Plaintiff, but who claim interest in and to the 

above-captioned parcel of land, and whose correct names and legal identities will be added 

by Amendment when ascertained,

Defendants.

NOTICE OF ACTION

To: All Defendants herein, whose whereabouts are unknown and which cannot be ascertained after the exercise of reasonable diligence. 

You are hereby notified that on the 18th day of November, 2022, a complaint to quiet title was filed in the Circuit Court of Lee County, Alabama, and the following are the names of all parties to the action: Hardwood, LLC, as Plaintiff;  Howard J. McNally, Linda J. McNally, and/or the unknown heirs for Howard J. McNally and/or Linda J. McNally, as Defendants, whose additional heirs, executors and/or administrators are unknown and cannot be ascertained after the exercise of due diligence, and which are believed to have claimed some right, title, interest or claim in and to the property described as follows:

Lot 9, Lower Acres Estates Subdivision, being more particularly described as follows, to wit:

Commence at the Southwest corner of Section 8, Township 17 North, Range 27 East, in Lee  County, Alabama; thence run North 88 degrees 50 minutes 49 seconds East, 485.92 feet; thence run North 01 degrees 09 minutes 11 seconds West, 240.00 feet; thence run North 03 degrees 11 minutes 43 seconds East, 55.03 feet to the POINT OF BEGINNING of the parcel to be described herein: FROM SAID POINT OF BEGINNING, thence run South 89 degrees 02 

minutes 07 seconds West, 208.31 feet to a point on the east margin of Alabama Highway No. 51; thence run in a northerly direction along said margin of said highway on the arc of a curve to the right having a radius of 5,013.20 feet for an arc length of 120.0 feet; thence run South 89 degrees 35 minutes 36 seconds East, 215.29 feet; thence run South 03 degrees 11 minutes 43 seconds West, 115.14 feet to the POINT OF BEGINNING, containing 0.572 acres, +/-.

All persons having an interest in said lands or any portion thereof, claiming any title thereto or any encumbrance or lien thereon, are hereby directed to plead, answer, or otherwise respond to the Complaint on or before the expiration of 30 days after the last publication of this notice, or thereafter suffer judgment by default to be rendered against them, it being intended that this notice shall be used to perfect service against all parties who cannot be personally served with a copy of the Complaint. 

Done this the 19th day of December, 2022 

/s/ Mary Roberson

Mary Roberson

Circuit Court Clerk, Lee County

J. Brandon Rice

Davis, Bingham, Hudson & Buckner, P.C.

724 North Dean Road, Suite 100

Auburn, AL 36830

Legal Run 12/29/2022, 01/05/2023, 01/12/2023 & 01/19/2023

IN THE CIRCUIT COURT OF LEE COUNTY, ALABAMA

JOE R. COFIELD, JR, Plaintiff, v. No.: CV-2022-900417

A Parcel of Real Property described as:  Tract A: Commencing at a 1 1/2″ open top pipe at the

 Southwest corner of the Northwest 1/4, of Section

19, T -20-N, R-29-E, Lee County, Alabama (purported); thence North 1 Degree 57′ 00 West, a distance of 210.91 feet to the POINT OF BEGINNING, North 1 degree 57′ 00″ West, a  distance of 290.00 feet to a 3/4″ crimped top pipe on the Southerly right of way of Lee Road 270; thence along said right of way, North 86 degrees 30′ 25” East, a distance of 109.54 feet to a 1/2 inch iron bar; thence leaving said right of way, South 3  degrees 25′ 49″ East, a distance of 290.00 feet;  thence South 86 degrees 33′ 30″ West, a distance of 117.03 feet to the POINT OF BEGINNING. 

Containing 0.754 Acre, located in Section 19,  T-20-N, R-29-E, Lee County, Alabama.

Tract B: Commencing at a 1 1/2″ open top pipe at the  Southwest corner of the Northwest 1/4, of Section 19, T-20-N, R-29-E, Lee County, Alabama  (purported), said point also being the POINT OF  BEGINNING. From said POINT OF BEGINNING, 

North 1 degree 57′ 00″ West, a distance of 210.91 feet; thence North 86 degree 33′ 33″ East, a  distance of 117.03 feet; thence South 3 degrees  25′ 49″ East, a distance of 251.31 feet; thence  South 68 degrees 58′ 19″ West, a distance of 130.73 feet; thence North 1 degree 54′ 00″ West, a distance of 80.00 feet to the POINT OF BEGINNING.  Containing 0.750 Acre, located in Section 19,  T-20-N. R-29-E, Lee County, Alabama.

And Ken Belton, and/or the unknown heirs Of Ken Belton,

And Capital One Bank (USA), N.A.

And Fictitious Defendants A, B, C, D, E, F & G,

Being Persons, Individuals, Firms, Associations,

Partnerships, Corporations or other Entities,

Whose names are otherwise unknown to the  Plaintiff, but who claim interest in and to the above-captioned parcel of land, and whose correct names and legal identities will be added 

by Amendment when ascertained,

Defendants.

NOTICE OF ACTION

To: All Defendants herein, whose whereabouts are unknown and which cannot be ascertained after the exercise of reasonable diligence. 

You are hereby notified that on the 1st day of December, 2022, a complaint to quiet title was filed in the Circuit Court of Lee County, Alabama, and the following are the names of all parties to the action: Hardwood, LLC, as Plaintiff;  Ken Belton, and/or the unknown heirs of Ken Belton, as Defendant, whose additional heirs, executors and/or administrators are unknown and cannot be ascertained after the exercise of due diligence, and which are believed to have claimed some right, title, interest or claim in and to the property described as follows:

Tract A:  Commencing at a 1 1/2″ open top pipe at the Southwest corner of the Northwest 1/4, of Section 19, T -20-N, R-29-E, Lee County, Alabama (purported); thence North 1 Degree 57′ 00 West, a distance of 210.91 feet to the POINT OF BEGINNING, North 1 degree 57′ 00″ West, a distance of 290.00 feet to a 3/4″ crimped top pipe on the Southerly right of way of Lee Road 270; thence along said right of way, North 86 degrees 30′ 25” East, a distance of 109.54 feet to a 1/2 inch iron bar; thence leaving said right of way, South 3 degrees 25′ 49″ East, a distance of 290.00 feet; thence South 86 degrees 33′ 30″ West, a distance of 117.03 feet to the POINT OF BEGINNING.  Containing 0.754 Acre, located in Section 19, T-20-N, R-29-E, Lee County, Alabama.

Tract B:  Commencing at a 1 1/2″ open top pipe at the Southwest corner of the Northwest 1/4, of Section 19, T-20-N, R-29-E, Lee County, Alabama (purported), said point also being the POINT OF BEGINNING. From said POINT OF BEGINNING, North 1 degree 57′ 00″ West, a distance of 210.91 feet; thence North 86 degree 33′ 33″ East, a distance of 117.03 feet; thence South 3 degrees 25′ 49″ East, a distance of 251.31 feet; thence South 68 degrees 58′ 19″ West, a distance of 130.73 feet; thence North 1 degree 54′ 00″ West, a distance of 80.00 feet to the POINT OF BEGINNING. Containing 0.750 Acre, located in Section 19, T-20-N. R-29-E, Lee County, Alabama.

All persons having an interest in said lands or any portion thereof, claiming any title thereto or any encumbrance or lien thereon, are hereby directed to plead, answer, or otherwise respond to the Complaint on or before the expiration of 30 days after the last publication of this notice, or thereafter suffer judgment by default to be rendered against them, it being intended that this notice shall be used to perfect service against all parties who cannot be personally served with a copy of the Complaint. 

Done this the 19th day of December, 2022 

/s/ Mary Roberson

Mary Roberson

Circuit Court Clerk, Lee County

J. Brandon Rice

Davis, Bingham, Hudson & Buckner, P.C.

724 North Dean Road, Suite 100

Auburn, AL 36830 

Legal Run 12/29/2022, 01/05/2023, 01/12/2023 & 01/19/2023

NOTICE OF APPOINTMENT

ESTATE OF MARK A. RAY, DECEASED

COURT OF PROBATE 

LEE COUNTY

Letters Testamentary of said deceased having been granted to the undersigned on the 20th day of December, 2022, 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 20th day of December, 2022. 

WENDY C. RAY

Legal Run 12/29/2022, 01/05/2023 & 01/12/2022

————— 

NOTICE OF APPOINTMENT

ESTATE OF WILLIE TAYLOR, DECEASED

COURT OF PROBATE LEE COUNTY

Letters Testamentary of said deceased having been granted to the undersigned on the 15th day of December, 2022, 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. 

GLENN TAYLOR PERSONAL REPRESENTATIVE 

Legal Run 12/29/2022, 01/05/2023 & 01/12/2022

IN THE PROBATE COURT OF LEE COUNTY ALABAMA

CASE NO. 2022-684

IN RE: THE ESTATE OF BETTY FAY NORRIS, DECEASED

TAKE NOTICE that Letters Testamentary having been granted to: REGINA FAY HATTAWAY as Executrix of the Estate of Betty Fay Norris, deceased on the 13th day of December, 2022, by the Honorable Bill English. 

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. 

REGINA FAY HATTAWAY, 

EXECUTRIX

Legal Run 12/29/2022, 01/05/2023 & 01/12/2022

INVITATION TO BID

23008

 Electrical Substation Site Work for OPS

Sealed bids for the construction of the 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 February 13, 2023, 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.

The Work to be performed under this Contract shall be commenced by the first party (contractor) after April 15, 2023, and shall be fully completed by June 15, 2023.  The start date is anticipated to be on or about May 1, 2023.

All bidders shall possess all other licenses and/or permits required by applicable law, rule or regulation for the performance of the work.  

Drawings and Specifications can be obtained from the city’s website at.  Bid documents may be obtained from the City of Opelika Purchasing Department, 204 S 7th St, Opelika, Alabama at no charge.  Please contact Brent Poteet with Opelika Power Service at 334-705-5591 with any questions regarding the specifications. 

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: Electrical Substation Site Work for OPS

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 1/12/2023 & 1/19/2023

ORDINANCE NO. 001-23

AN ORDINANCE APPROVING AND ADOPTING AMENDMENTS TO THE PERSONNEL POLICIES AND PROCEDURES MANUAL 

OF THE CITY OF OPELIKA, ALABAMA

WHEREAS, the City of Opelika, Alabama, (the “City”) has previously adopted general provisions pertaining to personnel rules and regulations, including, but not limited to, staffing, separations, disciplinary actions, grievance procedures, compensation and employee benefits, which are set forth in the “Personnel Policies and Procedures of the City of Opelika” (hereinafter referred to as the “Personnel Manual”); and

WHEREAS, City staff has recommended to the City Council that the Personnel Manual be updated at the present time to provide for additional and revised policies and procedures pertaining to the administration of City employees and personnel; and

WHEREAS, the City Council realizes that periodic adjustments must be made to the Personnel Manual must be made in order to keep the manual current and consistent with state and federal labor and employment law requirements as well as policies, procedures, guidelines, rules and regulations established by the City on the local level for employees; and

WHEREAS, the City Council has determined that it is in the best interest of the public health, safety and general welfare to amend the Personnel Manual at this time as recommended by City staff to update the policies, procedures, guidelines, rules and regulations.

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

Section 1.  Amendments.  That the Personnel Manual of the City of Opelika, adopted on November 19, 2002, as previously amended, is further amended in the following respect:

That Section 5.8.2 is hereby amended to read as follows:  

Section 5.8.2 Time in Grade Requirements 

The following total years of service within the Fire Department or Fire Service are required in order to promote as shown below. At least eighteen (18) months service is required to be eligible for consideration for promotion to the next ranking positions within the Fire Department except Fire Chief and the Administrative Coordinator.

Rank / Minimum Required Service Years

Apparatus Operator – 2

Lieutenant – 4

Captain – 8

Battalion Chief – 12 or 10 with 4-year degree

Deputy Chief – 15 or 13 with 4-year degree

“Service” as used in this section means continuous, unbroken service from the employee’s most recent hire or promotion date with the City in his or her present position. The positions of Fire Chief and Administrative Coordinator are exempt from years of service requirements.

That Section 5.8.4 is hereby amended to read as follows:  

5.8.4.  Plus and Minus Factors   

The City uses the following eight validated factors in promotion decisions in the fire department: (1) formal education; (2) promotional training; (3) other fire service training; (4) attendance; (5) length of service; (6) disciplinary actions; (7) awards and commendations; and (8) performance evaluations. Accordingly, these factors are listed on the plus and minus form and will be used in promotion decisions in the fire department.

That Section 5.8.6 is hereby amended to read as follows:  

5.8.6.  Policy Regarding Training and Promotions  

The following training policy regarding the specific training required for promotion to the various positions in the fire department is hereby adopted and approved:

In recognition of the importance of training in the fire service, individuals who are being considered for promotion will be awarded specified points on the Plus and Minus form for coursework required for the specific position for which they have applied.  Prior to June 1, 2022, individuals who are promoted but have not completed the training, must complete the training indicated for that classification within 12 months after the effective date of the promotion.  Individuals who fail to complete the required training in the 12 months following promotion will be demoted to the previous rank.  Exceptions to this policy may be made for good cause, if failure to complete was due to reasons beyond the incumbent employee’s control, such as being called for active duty during the initial 12 months, or the needs of the fire department were such that the training could not be completed. Additionally, captains and battalion chiefs promoted to either of these levels prior to July 31, 2021 shall be exempt from the requirement of completing required training for that level within 12 months of promotion. However, captains promoted prior to July 31, 2021 shall be required to meet battalion chief training requirements in order to promote to the level of battalion chief.

Effective June 1, 2022, all required training for the classification must be completed prior to an employee being eligible to test for promotion to that classification. Exceptions to this policy may be made for good cause, if failure to complete was due to reasons beyond the incumbent employee’s control, such as being called for active duty during the initial 12 months, or the needs of the fire department were such that the training could not be completed. 

In order to receive maximum credit when being considered for promotion, employees are encouraged  to take courses that are required for the next level prior to being considered for promotion.

Effective August 1, 2021, in the event that a vacancy exists within the department for any position other than entry-level, administrative coordinator, or a position that is appointed directly by the Mayor and where one of the following situations exists:

A. no current departmental employee is eligible to test for promotion to the position or, 

B .no current employee has been tested within a valid testing time period and obtained a passing assessment center score and minimum required overall score on the Plus and Minus Form.

The Fire Chief, with the approval of the Human Resources Director and the Mayor, may advertise the position publicly as described in Section 4.4.2. The Fire Chief shall ensure that any applicant hired through the advertisement shall have, in the determination of the Fire Chief and the Mayor, comparable training, skills, and experience as would be required of a current Fire employee to fill the vacancy. 

Required Training for Fire Ranks:

[SEE TABLE}

That Section 5.12 is hereby amended to read as follows:  

Section 5.12 POSITIONS EXEMPT FROM PROMOTION POLICY

All classified full-time employees are covered by the Policies on Promotion except for the following managerial, professional and policy-making positions and approved directly by the Mayor:

City Administrator

City Attorney

City Engineer

Opelika Power Services

Director

Planning Director

Economic Development Director

Human Resources Director

Fire Chief

Police Chief

Controller

Chief Technology Officer

Purchasing/Revenue Manager

Municipal Court Clerk/Court Administrator

Solid Waste Director

Community Relations Officer

Administrative Assistant to the Mayor

Assistant Human Resources Director

Assistant Director of Opelika Power Services

Assistant Chief of Police

Police Captain

Deputy Fire Chief

That Section 10.3.4 is hereby amended to read as follows:  

Section 10.3.4 Public Safety, Emergency, and Public Utility Holiday Schedule

Eligible employees who are designated public safety, emergency, or public utility employees are entitled to paid holidays as follows:

(a)Sworn officers of the police department and public utility departments will receive eighty-eight (88) hours of paid holiday leave per calendar year.  Paid holiday leave for these personnel will accrue at the rate of 8 hours for each holiday observed.   The use of accrued holiday leave will be approved at the discretion of the employee’s supervisory personnel in accordance with guidelines to be developed by the employee’s Department Head.  Accrued holiday leave will be approved in advance of each absence, except in unusual circumstances.  Failure to comply with this requirement may result in an absence being treated as unauthorized leave and disciplinary action being taken.  Accrued holiday leave will not be authorized in less than one (1) hour increments of time.  In the event the Department Head is unable to schedule the total accumulated holiday leave for any of the department’s employee during the calendar year, the Department Head may carry forward such accumulated hours of holiday leave to the next calendar year not to exceed 200 hours.  In the event an employee will lose holiday leave due to personnel shortages in the department and the employee is not allowed to take leave on said holiday, the Department Head, in coordination with the Human Resources Director, the City Administrator and/or the Mayor, may allow the employee to be paid the holiday leave that will otherwise be forfeited. 

(b) Effective January 1, 2023, Fire protection personnel (normally scheduled to work 24-hour shifts) will receive one hundred fifty-six (156) hours of paid holiday leave per calendar year.  Paid holiday leave for fire protection personnel will accrue at the rate of six (6) hours per pay period for each pay period during the year, for a total of 156 hours per year. The use of accrued holiday leave will be scheduled with the approval of the Fire Chief and will be granted only for accumulated (accrued) hours earned in accordance with this subsection. In other words, fire protection personnel will not be eligible to take holiday leave during any calendar year before such leave is accrued. In the event the Fire Chief is unable to schedule the total accumulated holiday leave for any fire protection employee during the calendar year, the Fire Chief may carry forward such accumulated hours of holiday leave to the next calendar year not to exceed 200 hours. In the event an employee will lose holiday leave due to personnel shortages in the department and the employee is not allowed to take leave on said holiday, the Department Head, in coordination with the Human Resources Director, the City Administrator and/or the Mayor, may allow the employee to be paid the holiday leave that will otherwise be forfeited. For each day (24 hours) of holiday leave taken, fire protection personnel will be paid for one twenty-four (24) shift.  

That Section 10.3.5 is hereby amended to read as follows:  

Section 10.3.5 Entitlement to Holiday Pay

In order to receive pay for an observed holiday, an eligible employee must be present at work or on approved leave the full work day or shift before and after the holiday, unless excused by his supervisor, or on a scheduled day off. However, employees not at work because of a Worker’s Compensation on the job injury, being on suspension or off the payroll on the day before and/or after will not be eligible for Holiday pay. No employee shall be authorized to take paid holiday leave while said employee is suspended without pay.

That Section 10.4.1.5 is hereby amended to read as follows:  

Section 10.4.1.5 Use of Annual Leave

The use of annual leave will be approved at the discretion of the employee’s supervisory personnel in accordance with guidelines to be developed by the employee’s Department Head.  Annual leave will be approved in advance of each absence, except in unusual circumstances.  Failure to comply with this requirement may result in an absence being treated as unauthorized leave and disciplinary action being taken.  Annual leave will not be authorized in less than one (1) hour increments of time.  All requests for use of annual leave will be submitted by the employee in writing to the employee’s department head or the department head’s designee. Approval or denial of the annual leave request by the department head or designee will also be made in writing. Fire protection employees who work extended twenty-four (24) hour shifts will normally take their leave in twenty-four (24) hour increments.  However, lesser increments of time may be approved, in accordance with department guidelines, if such authorization does not cause an undue hardship on the department and/or the city.  Notwithstanding the provisions of this section, no employee shall be granted paid annual leave while said employee is suspended without pay.  In the event an employee will lose annual leave due to personnel shortages in the department whereby the employee is not allowed to take leave, the Department Head, in coordination with the Human Resources Director, the City Administrator and/or Mayor, may allow the employee to be paid the annual leave that would be lost.

That Section 10.4.4.2 is hereby amended to read as follows:  

Section 10.4.4.2 Bereavement Leave

Leave with pay will be granted to eligible employees when necessary to attend the funeral of a member of the employees’ “immediate family.”  For the purposes of this paragraph “immediate family” means spouse, children, parents, grandparents, grandchildren, brother, sister, and equivalent relations of the employee’s spouse.  Bereavement leave will not exceed two (2) days (sixteen (16) hours) for employees, with the exceptions of one shift (twenty-four (24) hours) for fire protection employees who are regularly scheduled to work twenty-four (24) hour shifts, 2 days (eighteen (18) hours) for police officers who are regularly scheduled to work nine (9) hour shifts, and two (2) shifts (twenty-four (24) hours) for police employees who are regularly scheduled to work twelve (12) hour shifts. Employees using bereavement leave may be required to submit documentation at the expense of the employee upon returning to work. Acceptable documentation includes an obituary, funeral program or bulletin, death certificate, or other similar documentation. If additional time is required to attend the funeral or to attend to personal affairs necessitated by the death of an “immediate family member,” employees may take up to five (5) days, forty (40) hours (three (3) days, seventy-two (72) hours for fire protection employees who are regularly scheduled to work twenty-four (24) hour shifts) additional sick leave with approval of their Department Head.  Employees may also use annual leave and/or leave without pay as approved in accordance with the guidelines associated with such leaves if additional time is needed and/or the employee does not have accrued sick leave.  Employees may also be granted a reasonable number of hours of annual leave to attend the funeral of friends, or other relatives not described above as approved by their department heads.  Friends will include fellow city workers and the members of their immediate families as defined above. Any abusive, unjustified, or fraudulent use of bereavement leave may result in loss of pay, having bereavement time charged as annual leave, and/or punished by disciplinary action as allowed by policy section 8.2.

Section 2.  Severability.  The provisions of this ordinance are severable.  If any section, subsection, clause, sentence or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall not affect the validity of the remaining portions of this ordinance.

Section 3.   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 4     Effective Date.  This ordinance shall become effective upon its passage, approval and publication as required by law.  

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 3rd day of January, 2023.

/s/Eddie SmithCPRESIDENT OF THE CITY COUNCIL OF THECCITY OF OPELIKA, ALABAMA

ATTEST:

/s/Russell A. Jones, CMC

CITY CLERK

TRANSMITTED TO MAYOR on this the 4th day of January, 2023.

/s/CRussell A. Jones, CMC CITY CLERK

ACTION BY MAYOR

APPROVED this the 4th day of January, 2023.

/s/ Gary Fuller MAYOR

ATTEST:

/s/ Russell A. Jones, CMC CITY CLERK

LEGAL RUN 01/12/2023

IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA

IN THE MATTER OF THE ESTATE OF ROY R. SCOTT, Deceased

Case No.: 2022-593

NOTICE TO CREDITORS

Letters Testamentary of said deceased having been granted to Rebecca Scott, Personal Representative on the 29th day of December, 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.

Rebecca Scott

Legal Run 1/12/23, 1/19/23 & 1/26/23

NOTICE OF APPOINTMENT PUBLISHED

BY PERSONAL REPRESENTATIVE

IN THE MATTER OF THE ESTATE OF WILLIE VESTER WOODSON, DECEASED.                         

IN THE PROBATE COURT OF LEE COUNTY, ALABAMA

CASE NO. 2022-604

Letters Testamentary of said deceased having been granted to Mavis Melissa Woodson, Personal Representative on the 7th day of November 2022, by the 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. 

Bill English, Judge of Probate

Legal Run 1/12/2023, 1/19/2023, 1/26/2023 & 02/02/2023

IN THE PROBATE COURT OF LEE COUNTY, ALABAMA 

IN THE MATTER OF THE ESTATE OF CECIL DAY , DECEASED

Case No. 2022-544 

NOTICE TO CREDITORS

Take notice the LETTERS TESTAMENTARY of said deceased having been granted to June Barnes on the 13rh day of December, 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 time allowed by law or the same will be barred.

Done this 13th_day of December, 2022.

JUNE BARNES

Legal Run 1/12/23, 1/19/23 & 1/26/23

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, January 24, 2023 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 2:00 pm about Small Lot Information before the regular meeting. The purpose of the public hearings is to receive public comment on the following:

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

A. Elect Officers to Planning Commission (Chairman, Vice Chairman)

B. Approval of Minutes

C. Update on Previous PC Cases

D.  Preliminary Plat Approval – Public Hearing

1. A public hearing on a request by Jerry South, authorized representative for Perryman Hill, LLC, property owners, for preliminary approval of the Perryman Hill Plaza Plat No 1 subdivision consisting of 5 lots accessed at the 3600 block of Birmingham Highway 

E.   Preliminary and Final Plat – Public Hearing

2. A public hearing on a request by Blake Rice, Barrett Simpson, Inc., authorized representative of BC Stone Homes, LLC, property owner, for preliminary and final approval of the Torbert Townhomes subdivision consisting of 6 lots at 807 Torbert Boulevard. 

F.   Conditional Use – Public Hearing

3. A public hearing on a request by Shon Williams, CEO of AlaBloom Medicinal, authorized  representative for Thomas M. Hayley, managing member of Auburn East, LLC, property owners,  for conditional use approval for a medical cannabis dispensary in a C-2, GC-P zoning district  accessed at 1441 Gateway Drive.

G. Annexation and Rezoning – Public Hearing

4.An agenda item to consider a recommendation to the City Council on a request by Rodney C and Laurie S Jones, property owners, to annex 204.3 acres into the City limits accessed from the 3200         block Columbus Parkway (Hwy 280). A PUD zoning district is requested. 

5. A public hearing to consider a recommendation to the City Council on a request by Michael T. Johnson (Holland Homes, Inc), authorized representative for Rodney C and Laurie S Jones,  property owners, to zone 204.3 acres annexed into the City limits accessed at 3200 block  Columbus Road to a PUD (Planned Unit development) zoning district.  

II. Old Business 

H.  Final Plat Approval 

6.A request by Daniel Holland, Holland Homes LLC, property owners, for final plat approval of the Foxrun Phase 2B subdivision consisting of 74 lots accessed from east end of Village Drive. (This item tabled at the December 20, 2022 meeting date 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 01/12/2023

IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA

IN RE:The estate of Bobby Jack Jones, Deceased.

Case No. 2023-007

TAKE NOTICE that Letters Administration having been granted to Bobby Everitt Jones as Administrator of the Estate of Bobby Jack Jones, deceased, on the 5th day of January 2023.

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 be barred.

Bobby Everitt Jones, Administrator of the Estate of Bobby Jack Jones, Deceased

Marrell J. McNeal, Attorney at Law, PC

PO Box 308

Opelika, AL  36803

334-745-7033

Legal Run 01/12/23, 01/19/2023 & 01/26/2023

ESTATE OF BETTY V. HOPSON

DECEASED

PROBATE COURT

LEE COUNTY

CASE NO. 2022-713

NOTICE TO CREDITORS

Take Notice that LETTERS TESTAMENTARY of the Estate of BETTY V. HOPSON are hereby granted to Michael Hopson on the 30th day of December, 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.

MICHAEL HOPSON

Legal Run 01/12/23, 01/19/23 & 01/26/23

IN THE PROBATE COURT OF LEE COUNTY, ALABAMA

IN RE: THE ESTATE OF DELILAH FAYE MARSHALL, DECEASED

Case No. 2022-689

TAKE NOTICE that Letters Testamentary having been granted to Liberty Marshall Powell and Deanna Faith Ethridge Marshall, as Co-Executrices of the Estate of Delilah Faye Marshall, deceased, on the 20th day of December, 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.

Liberty Marshall Powell, Co-Executrix Of the Estate of Delilah Faye Marshall, Deceased

Deanna Faith Ethridge Marshall, Co-Executrix Of the Estate of Delilah Faye Marshall, Deceased

Marrell J. McNeal, Attorney at Law, PC

PO Box 308

Opelika, AL  36803

334-745-7033

Legal Run 12/29/2022, 01/05/2023 & 01/12/2023

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 DOROTHY ANN CANNON, deceased 

Notice is hereby given that a Petition for Summary Distribution has been filed in LEE COUNTY Probate Office by Tracey Lewis Cannon on January 9, 2023, 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 Summary Distribution of the estate of said decedent.

Bill English, Probate Judge

Legal Run 01/12/23

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 JAMES C. PRESLEY SR., deceased 

Notice is hereby given that a Petition for Summary Distribution has been filed in LEE COUNTY Probate Office by JAMES CALVIN PRESSLEY JR. on January 10, 2023, 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 Summary Distribution of the estate of said decedent. 

BILL ENGLISH, PROBATE JUDGE

Legal Run 01/12/2023

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