NOTICE TO CONTRACTORS

ALDOT PROJECT NO. IAR—041-000-020

CITY BID NO. 23003

CITY OF OPELIKA

LEE COUNTY, ALABAMA

SEALED BIDS WILL BE RECEIVED BY THE CITY OF OPELIKA PURCHASING DEPARTMENT (ATTN. LILLIE FINLEY) AT OPELIKA CITY HALL LOCATED AT 204 SOUTH 7TH STREET, OPELIKA, ALABAMA 36803, UNTIL 2:00 P.M., MONDAY, FEBRUARY 20, 2023, AND AT THAT TIME PUBLICLY OPENED FOR CONSTRUCTING THE FOLLOWING:

CONSTRUCTION OF RIGHT TURN LANE AND ROADWAY IMPROVEMENTS FOR ANDREWS ROAD

FOR THE CITY OF OPELIKA, PROJECT NO. IAR-041-000-020.

THE BRACKET ESTIMATE ON THIS PROJECT IS FROM $425,000.00 TO $500,000.00. THIS BRACKET RANGE IS SHOWN ONLY TO PROVIDE GENERAL FINANCIAL INFORMATION TO CONTRACTORS AND BONDING COMPANIES CONCERNING THE PROJECT’S COMPLEXITY AND SIZE. THIS BRACKET SHOULD NOT BE USED IN PREPARING A BID, NOR WILL THIS BRACKET HAVE ANY BEARING ON THE DECISION TO AWARD THE CONTRACT. THE PRINCIPAL ITEMS OF WORK ARE APPROXIMATELY AS FOLLOWS:  

2,051       PLAIN CEMENT CONCRETE PAVEMENT, 11 INCHES THICK, PER TON

2,144       CRUSHED AGGREGATE BASE COURSE, TYPE B, PLANT MIXED, 4” COMPACTED THICKNESS, PER SQUARE YARD

1,375       UNCLASSIFIED EXCAVATION, PER CUBIC YARD

161           COMBINATION CURB & GUTTER, TYPE C (MODIFIED), PER LINEAR FOOT                

THE ENTIRE PROJECT SHALL BE COMPLETED IN SEVENTY-FIVE (75) WORKING DAYS.

TO BE ELIGIBLE FOR CONSIDERATION, BIDS MUST BE SUBMITTED ON COMPLETE ORIGINAL PROPOSALS MADE AVAILABLE BY THE OWNER. BID DOCUMENTS (INCLUDING PLANS AND PROPOSALS) ARE AVAILABLE AT CDG, INC., 197 EAST UNIVERSITY DRIVE, SUITE #1, AUBURN, AL 36832, (334) 466-9431. PAPER COPIES ARE AVAILABLE UPON RECEIPT OF A NON-REFUNDABLE DEPOSIT IN THE AMOUNT OF $100 FOR ONE SET.  PDF ELECTRONIC COPIES ARE AVAILABLE VIA EMAIL AT NO COST TO THE BIDDER, OR ON A CD FOR $25. NO BID DOCUMENTS WILL BE DISTRIBUTED LATER THAN 24 HOURS PRIOR TO THE SCHEDULED OPENING OF BIDS.

A CASHIER’S CHECK (DRAWN ON AN ALABAMA BANK) OR BID BOND FOR 5% OF THE AMOUNT BID (MAXIMUM – $10,000.00) AND MADE PAYABLE TO THE CITY OF OPELIKA MUST ACCOMPANY EACH BID AS EVIDENCE OF GOOD FAITH. 

IN ACCORDANCE WITH SECTION 34-8-8, CODE OF ALABAMA, AS AMENDED, “ALL OWNERS, ARCHITECTS, AND ENGINEERS RECEIVING BIDS PURSUANT TO THIS CHAPTER SHALL REQUIRE THE PERSON, FIRM OR CORPORATION TO INCLUDE HIS OR HER CURRENT LICENSE NUMBER ON THE BID.” IT ALSO STATES THAT “…IT WILL BE NECESSARY FOR HIM OR HER TO SHOW EVIDENCE OF LICENSE BEFORE HIS OR HER BID IS CONSIDERED.”

PREQUALIFICATION IS NOT REQUIRED ON THIS PROJECT. FURTHER DETAILS AND DEFINITIONS REGARDING THIS PROVISION ARE INCLUDED IN SECTION 102 OF SPECIAL PROVISION 22-LPA-001 AND ALDOT’S 2022 STANDARD SPECIFICATIONS.

PROOF OF INSURANCE COVERAGES OF THE TYPES AND AMOUNTS AS SET FORTH IN THE PROJECT SPECIFICATIONS WILL BE REQUIRED OF THE CONTRACTOR, AND ANY AND ALL SUBCONTRACTORS, PRIOR TO BEGINNING WORK. THE CONTRACTOR WILL BE REQUIRED TO PERFORM WORK AMOUNTING TO AT LEAST 30% OF THE TOTAL CONTRACT COST WITH HIS OWN ORGANIZATION.

THIS IS A STATE-FUNDED PROJECT THROUGH ALDOT. THE PROPOSED WORK SHALL BE PERFORMED IN CONFORMITY WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS.

THE RIGHT TO REJECT ANY OR ALL BIDS AND TO DISREGARD ANY MINOR IRREGULARITIES IS RESERVED BY THE OWNER.

HONORABLE GARY FULLER,

MAYOR 

LEGAL RUN 02/02/2023, 02/09/2023 & 02/16/2023

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IN THE MATTER OF THE ESTATE OF DANNY KAY ADAMS, DECEASED

IN THE PROBATE COURT OF LEE COUNTY, ALABAMA

Case No. 2023-018  

Letters Testamentary on the estate of said decedent having been granted to the undersigned on the 17th day of January, 2023, 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.

AMY LYNN HARTZOG

Personal Representative

Robert H. Pettey

Samford & Denson, LLP

P.O. Box 2345

Opelika, AL 36803-2345

(334) 745-3504

02/02/2023,02/09/2023, 02/16/2023

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NOTICE TO CREDITORS

ESTATE OF RANDY JACKSON HODGE, DECEASED

PROBATE COURT LEE COUNTY

CASE NO. 2023-003

NOTICE TO CREDITORS

Take Notice that LETTERS TESTAMENTARY of the Estate of RANDY JACKSON HODGE are hereby granted to Gloria Bass Hodge on the 4th day of January, 2023, 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.

Gloria Bass Hodge

LEGAL RUN 02/02/2023, 02/09/2023 & 02/16/2023

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SUMMONS BY PUBLICATION SUMMONS BY PUBLICATION IN THE FOURTH JUDICIAL DISTRICT COURT, UTAH COUNTY, STATE OF UTAH, FOURTH DISTRICT COURT 137 NORTH FREEDOM BOULEVARD, PROVO, UTAH 84601, CASE NUMBER 234400194 JUDGE BRADY, PETITION FOR DIVORCE: Garenton Flowers. THE STATE OF UTAH TO GARENTON FLOWERS: You are hereby informed that you have thirty (30) days to file a response in this proceeding if you wish to contest the Petition for Divorce.  Failure to file a response within thirty (30) days of this notice will result in a judgment by default entering against you and the divorce being finalized without your involvement.  Any response to this notice and the divorce proceeding must be filed with the Fourth Judicial District Court, Provo, Utah County, Utah at the address listed above, and a copy shall be mailed to Petitioner’s attorney, John S. Larsen, at 75 South 300 W., Provo, Utah 84601. 

Legal Run 02/09/23, 02/16/23, 02/23/2023 & 03/02/23

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STATE OF ALABAMA                 

IN THE PROBATE COURT LEE COUNTY

DOCKET NO. 2023-046

RE: ESTATE OF PATRICIA WATERS JACOBS, DECEASED:

NOTICE OF PUBLICATION

Letters of Administration of said deceased having been granted to the undersigned on the 3rd day of February, 2023, by the Judge of Probate Court of Lee County, Alabama, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.

/s/ Jacob J. Key 

Jacob J. Key, Administrator

Legal Run 02/09/2023, 02/16/2023 & 02/23/2023

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IN THE PROBATE COURT OF LEE COUNTY, ALABAMA

IN THE MATTER OF THE ESTATE OF CASIMIRA D. VOELKEL, DECEASED

CASE NO.: 2023-050

NOTICE TO CREDITORS

Take Notice that Letters Testamentary of said deceased having been granted to John Paul Voelkel on the 6th day of February. 2021, by the Honorable Bill English, Judge of the Probate Court of Lee County. Alabama.

Notice is hereby given to 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.

J. TUTT BARRETT

P.O. Box 231

Opelika, AL 36803-0231

Legal Run 02/09/2023, 02/16/2023 & 02/23/2023

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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, February 28, 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 2:45 pm 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.   Approval of Minutes

B.   Update on Previous PC Cases

C.  Preliminary Plat and Conditional Use – Public Hearing

1.A public hearing on a request by Harris Gray, LLC, authorized representative for Sallie H. Deen, property owners, for preliminary approval of the Hillpointe part of Parcel D subdivision consisting of 41 lots accessed from Waverly Place. 

2. A public hearing on a request by Bryan Stone, authorized representative for Sallie H. Deen, property owner, for conditional use approval for a 41 unit townhome development in a R-3 zoning district

D.   Conditional Use – Public Hearing

3.A public hearing on a request by Mike Maher and Paul Brumett, authorized.

representative for Jimmy Golden, property owner, for a conditional use approval to construct a new church sanctuary in a R-2 zoning district at 1550 North Uniroyal Road.

4. A public hearing on a request by Marrell McNeal, authorized representative for Farm Family Limited Partnership, property owners, for conditional use approval for an event venue location in a R-2 zoning district at 2611 Columbus Parkway.   

5.A public hearing on a request by Gustavo Diaz Cax, property owner, for conditional use approval multiple buildings per lot (Section 8.7.1) single family dwelling and duplex on a single lot located in a R-4 zoning district at 114 Brannon Avenue.

E.Rezoning – Public Hearing

6a.  An agenda item related to a rezoning request concerns an amendment to the Future Land Use Map for 229.2 acres accessed at the corner of Anderson Road and Andrews Road from a low density residential to a mixed use development land use category. If the Planning Commissionvotes to send a positive recommendation to the City Council to rezone the 229.2 acres and Council approves the rezoning, then approval of said amendments to the Future Land Use map will be approved.

6b.  A public hearing to consider a recommendation to the City Council on a request by Foresite  Group, LLC, authorized representative of Keith B. Norman, Electra Estates, property owner, to Rezone 229.2 acres accessed at the corner of Anderson Road and Andrews Road from R-1 to PUD.   

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 02/16/2023

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IN THE MATTER OF THE ESTATE OF HENRY CARSON JACKSON, JR.

IN THE PROBATE COURT OF LEE COUNTY, ALABAMA

CASE NUMBER 2023-060

Letters Testamentary on the Estate of said decedent having been granted to the undersigned on the 10th day of February, 2023 by the Honorable Bill English, Judge of Probate of said county in said State, notice is hereby given that all persons having c]aims against said estate are required to present the same within the time allowed by law or the same will be barred.

Laurel Jackson Buckalew, Executor of the Estate of Henry Carson Jackson, Jr., Deceased

Name and Address of Attorney:

Catherine H. Richardson, Esq. Michael P. Dalton, Esq.

Capell & Howard, P.C.

Post Office Box 2069

Montgomery, Alabama 36102-2069

Legal Run 02/16/2023, 02/23/2023, 03/05/2023

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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, March 21, 2023, at 6:00 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 south side of Columbus Parkway (U.S. Highway 280) within the unincorporated area of Lee County, Alabama, to a Planned Unit Development (PUD).  At said Public Hearing all who desire to be heard shall have the opportunity to speak for or in opposition to the adoption of the following ordinance:

ORDINANCE NO. ________

AN ORDINANCE TO PRE-ZONE PROPERTY LOCATED ON THE SOUTH SIDE OF COLUMBUS PARKWAY TO A PLANNED UNIT DEVELOPMENT

(FIREFLY SUBDIVISION PUD)

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

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

(a) Rodney C. Jones and Laurie S. Jones, the owners of 209.71 acres located in the 3200 block of Columbus Parkway within the unincorporated area of Lee County, Alabama, have requested that said property be pre-zoned to a Planned Unit Development (PUD) prior to annexing into the City of Opelika.

(b)Said real property is located on the south side of Columbus Parkway (U.S. Highway 280) and is more particularly described as follows:

Commencing and beginning at a found 4”x4” concrete monument 0.40’ Southwest of a 1” crimp top iron pin, said concrete monument accepted at the Southwest corner of Section 14, Township 19, Range 27 East, Opelika, Lee County, Alabama, said point being the Southwest corner and the Point of Beginning of the parcel described herein: from this POINT OF BEGINNING, thence North 01°07’22” West, a distance of 119.43 feet to a 1” crimp top iron pin; thence North 00°44’26” West, a distance of 199.62 feet to a 1” crimp top iron pin; thence North 00°48’54” West, a distance of 304.19 feet to a 1” crimp top iron pin; thence North 00°18’09” West, a distance of 294.77 feet to a 1” crimp top iron pin; thence North 00°33’53” West, a distance of 104.09 feet to a 1” crimp top iron pin; thence North 00°18’21” West, a distance of 191.44 feet to a 1” crimp top iron pin; thence North 00°24’22” West, a distance of 401.28 feet to a 1” crimp top iron pin; thence North 00°23’32” West, a distance of 989.11 feet to a 1” crimp top iron pin 37.1 feet East of another 1” crimp top iron pin; thence North 01°45’04” East, a distance of 1534.43 feet to a set ½” rebar by Precision Surveying (CA788) 6” from a fence corner in the South right of way of US Highway 280; thence along said right of way South 83°01’03” East, a distance of 643.83 feet to a 4”x4” disturbed concrete monument; thence along said right of way along a curve concave to the south having a radius of 2824.80 feet and a chord which bears South 72°17’12” East 1102.83 feet for an arc distance of 1109.95 feet to a set ½” rebar (CA788); thence continue along US Highway 280 South 61°31’03” East, a distance of 416.27 feet to a 1 ½” crimp top iron pin; thence leaving US Highway 280 South 00°28’12” East, a distance of 2546.01 feet to a set ½” rebar (CA788); thence South 88°03’58” East, a distance of 723.36 feet to a painted rock accepted as the property corner; thence South 01°35’00” East, a distance of 1073.94 feet to a 1 ½” crimp top iron pin at a fence corner; thence North 87°37’08” West, a distance of 2855.88 feet to the Point of Beginning. 

Said parcel lies within Section 14, Township 19, Range 27 East, Opelika, Lee County, Alabama and contains 209.71 ACRES, more or less.

The above-described property contains 209.71 acres, more or less, and is located in the 3200 Block of Columbus Parkway (U.S. Highway 280).

(c) Holland Homes, LLC, an Alabama limited liability company (the “Company”) has an option to purchase the above-described real property. 

(d) The Company, with the consent of the owners of record, heretofore submitted to the City a development plan for a planned unit development (“PUD”) entitled “Firefly Subdivision PUD” consisting of approximately 209.71 acres.

(e) The proposed development is a residential development consisting of approximately 599 residential units. The residential units will consist of three product types: single-family detached homes, twin homes and townhomes. The development will include platted open space and amenity areas totaling over 100 acres.  Planned amenities include quad lawns for entertainment, a dog walk with community firepit, an artificial turf putting green, bocce ball court and a pool and pavilion. The proposed density of the development is 2.86 dwelling units per acre.                                 

(f)At a regular meeting of the Planning Commission on January 24, 2023, the Commission did vote to send a report to the City Council recommending approval of the pre-zoning request and approval of the development plan.

(g) Due notice of said pre-zoning request has been provided to the public as required by law through publication.

(h) The City Council of the City of Opelika, after due consideration, 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.

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

Section 3.  ZONING.  The above-described real property is hereby pre-zoned to a Planned Unit Development (PUD). Upon annexation of said property, the property shall be designated the PUD 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 the pre-zoning as set forth in Section 6, this pre-zoning shall have no effect, and the property shall remain in the unincorporated area of Lee County, Alabama.

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

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

Section 6.  EFFECTIVE DATE 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 the pre-zoning shall be null and void. Should the pre-zoning become null and void, the applicant may reapply for re-zoning at any time as long as an annexation petition is pending.

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

END

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 City Hall, 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 Public Hearing. 

Please contact Brian Weiss, the City’s ADA Coordinator, at 334-705-5134 at least two (2) working days prior to the meeting if you require special accommodations due to a disability. 

WITNESS my hand this the 16th day of February, 2023.

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

Legal Run 02/16/2023

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IN THE CIRCUIT COURT OF LEE COUNTY, ALABAMA FAMILY COURT DIVISION: DOMESTIC RELATIONS

PATRICK D. SLATTERY, Maternal Grandfather, vs. GUY T. SMITH AND AMANDA Q. SMITH, Natural Parents

DR-2022-900274.00

NOTICE OF CUSTODY ACTION

AMANDA Q. SMITH, whose whereabouts are unknown, must answer PATRICK D. SLATTERY’S petition for custody and other relief by April 10, 2023, or, thereafter, a judgment by default may he rendered against her in Case No. DR-2022-900274.00, in the Circuit Court of Lee County, Alabama.

DONE This the 6th day of Feb. 2022.

MARY B. ROBERSON, CLERK OF THE CIRCUIT COURT OF LEE COUNTY, ALABAMA

Jem1ifer M. Chambliss Samford & Denson, LLP

P. 0. Box 2345

Opelika, AL 36803-2345

Attorney for the Plaintiff

Legal Run 02/16/2023, 02/23/2023, 03/02/2023 & 03/09/2023

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Notice of Appointment

Estate of GEORGE EDWARD BROCKWAY, Deceased

Court of Probate Lee County (CASE No.:2023-032)

Letters of Administration of said deceased having been granted to VIVIAN PRIDGEN BROCKWAY on the 25th day of January 2023, by the Judge of the Probate Court of Lee County, 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.

G. Keith Pridgen, Jr., Attorney for Petitioner.

Legal Run 02/02/2023, 02/09/2023, 02/16/2023