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SERVICES

- The council approved a professional services agreement with Sain Associates for the Gateway Drive Traffic Signal study and Signal Warrant Analysis at 2nd Avenue and N. 3rd Street. The estimated compensation due to Sain Associations is $36,000.

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- Following a nearly four hour public hearing, the council voted to table the resolution for the revocation of the business license of BRP Hospitality LLC doing business as Springwood Hotel located at 1002 Columbus Parkway. Alleged reasons for the revocation included

• The licensee allegedly has allowed the hotel premises to be the scene of ongoing criminal activity. Between Jan. 1, 2021, and July 14, 2024, the hotel has had 769 responses by the Opelika Police Department to the Springwood Hotel.

• The licensee has allegedly allowed persons to gather on the premises of the hotel for purposes of engaging in drug-related activities.

• The licensee has allegedly permitted or allowed to exist, acts of prostitution upon the premises of the hotel.

• The licensee has allegedly failed to take reasonable measures to provide adequate security to make the hotel premises reasonably safe for its guests and visitors. The city presented two witnesses during the due race, Brewer led Wallace in the first primary, largely due to a gigantic Black voter turnout. Black Alabamians had just been given the right to vote by the 1965 Voting Rights Act and they were taking advantage of that right. Wallace came back with the most overt, racist campaign ads in American history and edged Brewer out and captured the governor’s office for a third time. Wallace had been bitten by the presidential bug and ran in 1968. He was constantly out of state and not tending to being governor. Brewer had wounded him with a when you call!

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The council will vote on the resolution at the Oct. 1 meeting, and the licensee will have until that time to provide a report from a structural engineer and plans for the buildings.

- The council approved a temporary construction easement with Hamilton Gables Homeowners Association.

- The council approved the weed abatement assessment for 2102 S. Long St.

- The council approved an ordinance to establish public records policies to comply with the Alabama Public Records Act.

- The council introduced an ordinance that would approve the first amendment to the Ground Lease with SBA Towers IV LLC for its first reading. SBA Towers IV LLC leases nearly a quarter acre of land located at 1051 Douglas St. and maintains a communications antenna on the property. The original lease with Hemphill Corporation and later assigned to SBA Towers IV LLC was entered into January 2000. The ordnance will amend and supplement the lease to provide for five additional successive renewal terms of five years.

Wallace had pleaded with Alabamians in the 1970 runoff. He went to every city and hamlet in the state and swore that, “if you elect me governor, I will never again leave the state and will stay home and be a full-time governor.”

After his razor thin, comefrom-behind, race baiting, “full-time governor” promising win, the next day he was on a plane to Wisconsin running for president.

Alabamians did not like this overt demagogic lie. He was not going to win the governor’s race in 1974. Brewer and two

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Mgr LLC doing business as Proof of the Pudding at Plainsman Park located at 349 S. Donahue Drive.

- The council approved a request by MMM24, LLC doing business as Ponko Chicken for a restaurant retail liquor license. The restaurant is located 2111 S. College St., Suite C, in Auburn.

- The council approved a special retail — more than 30 days ABC license for Proof of the Pudding by Mgr LLC doing business as Proof of the Pudding at Neville Arena located at 250 Beard Eaves Court.

- The council approved a special retail — more than 30 days ABC license for Proof of the Pudding by newcomers, Attorney General Bill Baxley and Lt. Gov. Jere Beasley, were all planning to run in 1974. One of them would have beaten Wallace. However, after the bullet wounds in Maryland, sympathy for Wallace was too great. The three Bs had to wait until 1978. The assassin’s bullets severely ruined and limited Wallace’s life but saved his political life.

See you next week.

Steve Flowers’ weekly column appears in more than 60 Alabama newspapers. He served 16 years in the state legislature. steve@ steveflowers.us.

- The council approved a restaurant retail liquor license for Tacorita LLC doing business as Tacorita located at 155 N. College St.

- The council approved an agreement with C Spire Business for the VMWare license renewal for eight Dell VXRail E560F nodes for an amount of nearly $67,000.

- The council approved a master standard agreement for professional engineering and related services with JACOBS.

- The council approved public sanitary sewer and sidewalk easements located on site of The Graduate as shown on the plat: Anders Bookstore Subdivision, First Addition and Revision of Lot 1 (Case AS-2024066), located at 212 W. Magnolia Ave. The owner of the property is GAAL Owner LLC Graduate Hotel).

- The council approved and ordinance to Amend the mid-biennial budget for fiscal year beginning Oct. 1, 2023, and ending Sept. 30, 2024.

- The council approved a development agreement with CoBek Development LLC for The Vintage Expansion on East University Drive. According to work papers in the council agenda packet, “The Vintage Expansion (Development) is a proposed mixed-use, multi-unit development on approximately 6.08 acres on the northeast corner of East University Drive and a private street which extends north across from Stoker Street. This development is a continuation of the initial development, The Vintage, which sits adjacent to the site on the northwestern corner of the same intersection.” free consultation: 1-855-405-8839. Ask about our specials!

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Publication Notice to Creditors of Appointment IN THE PROBATE COURT OF LEE COUNTY, ALABAMA

CASE NO.: 2024-490

IN RE: THE ESTATE OF SUSAN T. BECK, DECEASED.

TAKE NOTICE that Letters Testamentary having been granted to Darren Thomas Beck, as Executor of the Estate of Susan T. Beck, deceased, on the 21st day of August, 2024, 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.

Darren Thomas Beck, Executor of the Estate of Susan T. Beck, Deceased

Michael W. Kelley, II Kelley Legacy Law, LLC

3320 Skyway Drive, Suite 711

Opelika, AL 3680 l

334-801-9797

Legal Run 08/29/24, 09/05/24 & 09/12/24

IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA IN THE MATTER OF THE ESTATE OF JOSEPH SINGLETON YORK, JR, Deceased Case No.: 2024- 496

NOTICE TO CREDITORS

Letters Testamentary of said deceased having been granted to Rose Lynn Bliss York, Personal Representative on the 26th day of August, 2024, 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.

Rose Lynn Bliss York Legal Run 08/29/24, 09/05/24 & 09/12/24

STATE OF ALABAMA

L EE COUNTY PROBATE COURT CASE NO. 2024-489

ESTATE OF DEBORAH

GAMMON FORD, DECEASED NOTICE OF APPOINTMENT OF PERSONAL REPRESENTATIVE

Letters Testamentary of said Deborah Gammon Ford, deceased, having been granted to Don Rogers this 26th day of August 2024, by the Honorable 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 the law or the same will be barred.

Don Rogers, Personal Representative

Jeffery A. Hilyer Attorney at Law 334-745-2564

P.O. Box 30 Opelika, Alabama

36803-0030. Legal Run 08/28/24, 09/05/24, 09/12/24

IN THE PROBATE COURT OF LEE COUNTY, ALABAMA IN RE: The Estate of GLADYS DOWDELL

DUMAS, Deceased CASE NO.: 2024-350 NOTICE TO CREDITORS

TAKE NOTICE that on the 30th day of July, 2024, Letters of Administration were granted by the Honorable Bill English to Vivian Banks, as Administrator of the Estate of Gladys Dowdell Dumas, who was deceased on the 28th day of February of 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 will be barred.

/s/ Vivian Banks

Vivian Banks, Administrator Legal Run 08/22/2024, 08/29/2024 & 09/05/2024

THE MATTER OF THE ESTATE OF ROBERT

EARL SULLIVAN, JR., DECEASED. I N THE PROBATE COURT OF LEE COUNTY, ALABAMA Case No: 2024-229 Letters Testamentary on the estate of said decedent having been granted to the undersigned on the 16th day of August, 2024, 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.

TRACY E. SULLIVAN Personal Representative

Robert H. Pettey Samford & Denson, LLP P.O. Box 2345 Opelika, AL 36803-2345 (334) 745-3504 Legal Run 08/22/24, 08/29/24 & 09/05/24

IN THE PROBATE COURT OF LEE COUNTY, ALABAMA IN RE: THE ESTATE OF PEGGY BARNETT

DECEASED ESTATE NO.: 2024-431 NOTICE TO FILE CLAIMS

Letters of Administration on the Estate of Peggy Barnett, deceased, having been granted to Donald Bledsoe on the 15th day of August 2024, by the Honorable 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 the time allowed by law or the same will be barred.

BILL ENGLISH Legal Run 08/29/24, 09/05/24 & 09/12/24

CITY OF OPELIKA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Opelika will hold a Public Hearing on Tuesday, October 1, 2024, 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 amend Ordinance Number 12491 (entitled “Zoning Ordinance of the City of Opelika”) adopted on September 17, 1991. At s aid 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 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 12491 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 a nd 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 M-2 District (Industrial District) to a C-2 District (Office/Retail District), the parcel of land hereinafter described: ALL THAT TRACT OR PARCEL OF LAND lying and being located in Section 9 and Section 10, Township 19 North, Range 26 East, City of Opelika, Lee County, Alabama. Commencing from a point at the Southeast corner of Section 10, Township 19 North, Range 26 East, City of Opelika, Lee County, Alabama;

Thence South 89 degrees 08 minutes 07 seconds West, a distance of 1744.30 feet to a point; T hence North 00 degrees 51 minutes 53 seconds West, a distance of 2695.40 feet to a point on the Northerly Right-ofWay of Veterans Parkway (150’ Right-of-Way); Thence leaving said Rightof-Way North 23 degrees 39 minutes 27 seconds West, a distance of 59.61 feet to a point;

Thence North 35 degrees 17 minutes 53 seconds West, a distance of 410.00 feet to a point;

T hence North 47 degrees 53 minutes 53 seconds West, a distance of 289.20 feet to a point;

T hence North 54 degrees 48 minutes 53 seconds West, a distance of 181.20 feet to a point;

T hence North 51 degrees 42 minutes 04 seconds West, a distance of 405.18 feet to a point on the Southerly Right-ofWay of Waverly Parkway (80’ Right-of-Way);

Thence along said Right-of-Way South 61 degrees 55 minutes 43 seconds West, a distance of 68.80 feet to a concrete monument found; T hence along a curve to the right, an arc length of 1657.17 feet, having a radius of 5740.85 feet, and being subtended by a chord bearing South 70 degrees 11 minutes 14 seconds West, a chord distance of 1651.42 feet to a point; Thence South 78 degrees 26 minutes 38 seconds West, a distance of 330.58 feet to a concrete monument found;

T hence along a curve to the right, an arc length of 243.81 feet, having a radius of 7734.92 feet, and being subtended by a chord bearing South 79 degrees 06 minutes 59 seconds West, a chord distance of 243.801 feet to an iron pin set (1/2” rebar w/ cap – GRAY), said pin being the POINT OF BEGINNING. From said POINT OF BEGINNING, leaving said Right-of-Way South 63 degrees 23 minutes 48 seconds East, a distance of 951.28 feet to an iron pin set (1/2” rebar w/ cap –GRAY) on the North Boundary Line of Creekline Trails Easement; Thence along the North Boundary Line of Creekline Trails Easement the following chords and distances:

South 58 degrees 33 minutes 54 seconds West, a distance of 44.88 feet to a point;

North 64 degrees 13 minutes

48 seconds West, a distance of 128.88 feet to a point;

North 84 degrees 33 minutes 24 seconds West, a distance of 230.81 feet to a point;

South 81 degrees 28 minutes 15 seconds West, a distance of 129.08 feet to a point;

South 78 degrees 28 minutes

19 seconds West, a distance of 101.10 feet to a point;

South 89 degrees 01 minutes 54 seconds West, a distance of 48.28 feet to a point;

South 60 degrees 52 minutes 17 seconds West, a distance of 35.38 feet to a point;

North 81 degrees 53 minutes

25 seconds West, a distance of 165.63 feet to a point;

North 63 degrees 55 minutes 10 seconds West, a distance of 191.21 feet to a point;

North 24 degrees 19 minutes

34 seconds West, a distance of 108.32 feet to a point;

North 51 degrees 20 minutes

02 seconds West, a distance of 246.79 feet to a point;

North 06 degrees 58 minutes

07 seconds West, a distance of 7.31 feet to an iron pin set (1/2” rebar w/ cap – GRAY) on the Southerly Right-of-Way of Waverly Parkway; Thence along said Right-ofWay, along a curve to the left, an arc length of 417.93 feet, having a radius of 7734.92 feet, and being subtended by a chord bearing North 81 degrees 34 minutes 03 seconds East, a chord distance of 417.88 feet to an iron pin set (1/2” rebar w/ cap – GRAY), said pin being the POINT OF BEGINNING. The above-described property contains 5.766 acres, more or less, and is located in the 3900 block of Waverly Parkway, Opelika, Alabama.

Section 2. Any ordinance or part thereof in conflict with provisions of this Ordinance be and the same are hereby repealed. Section 3. This Ordinance shall be published in a newspaper of general circulation in the City of Opelika, Lee County, Alabama.

All interested persons are invited to attend the public hearing and be heard. Written comments concerning the above m atter may be mailed to the City Clerk at P.O. Box 390, Opelika, AL 36803 at any time prior to the public hearing and may be further submitted to the City Council at the meeting and the public hearing.

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

WITNESS my hand this the 5th day of September, 2024. /s/ Russell A. Jones, MMC CITY CLERK OF THE CITY OF OPELIKA, ALABAMA Legal Run 09/05/2024

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the City Council of the City of Opelika will hold a Public Hearing on Tuesday, October 1, 2024, 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 amend the Development Plan for The Ball Fields PUD. The Development Plan for The Ball Fields PUD was approved by the City Council as required by Section 8.18(n) of the Zoning Ordinance of the City. At said Public Hearing all who desire to be heard shall have the opportunity to speak for or in opposition to the adoption of the following ordinance:

ORDINANCE NO.__________

ORDINANCE TO AMEND THE DEVELOPMENT PLAN FOR THE BALL FIELDS PUD BE IT ORDAINED by the City Council (the “City Council”) of the City of Opelika, Alabama (the “City”) as follows: Section 1. FINDINGS. The City Council has determined and hereby finds and declares that the following facts are true and correct:

(a) Gateway Equities, LLC, heretofore submitted to the City a Development Plan for a planned unit development (“PUD”) entitled “The Ball Fields PUD” consisting of approximately 60.74 acres.

( b) Pursuant to Ordinance No. 006-19, the City Council approved said Development Plan for The Ball Fields PUD and amended the Official Zoning Map of the City to designate the zoning classification of Planned Unit Development (“PUD”) for approximately 60.74 acres located at the Southwest corner of the intersection of Pepperell Parkway and North 30th Street.

(c) Gateway at Opelika, LLC, the owner of certain property located within The Ball Fields PUD, has heretofore submitted to the City a proposed amended Development Plan for The Ball Fields PUD.

(d) The current Development Plan for The Ball Fields PUD includes a section with 32 townhomes located along the Southwest boundary of the development.

(e) The proposed amended Development Plan replaces the approved 32 townhomes with 64 apartment units. The approved Development Plan had a d ensity of 4.04 units per acre.

The amended Plan will have a density of 4.34 units per acre.

(f) The Planning Commission of the City of Opelika heretofore conducted a public hearing on the proposed amended D evelopment Plan.

(g) The Planning Commission recommended approval of the amended Development Plan for The Ball Fields PUD.

(h) It is advisable and in interest of the City and the public interest that the amended D evelopment Plan be approved.

Section 2. Approval of Amended Development Plan. The amended Development Plan for The Ball Fields PUD as submitted for review, subject to modification of the former stub street to the townhouse section as approved by the Engineering Department, is hereby approved and confirmed as required by Section 8.18(n) of the Zoning Ordinance of the City.

Section 3. Retention of Copies of the Amended Development Plan. Copies of the amended 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 4. Repealer. That any ordinance or part thereof in conflict with the provisions of this Ordinance be and the same are hereby repealed.

Section 5. Effective Date. This Ordinance shall become effective upon its adoption, approval a nd publication as required by law.

Section 6. Publication. This Ordinance shall be published one (1) time in a newspaper of general circulation in the City of Opelika, Lee County, Alabama. WITNESS my hand this the ___ day of _______, 2024.

CITY CLERK OF THE CITY OF OPELIKA, 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 d isability. WITNESS my hand this the 5th day of September, 2024. /s/ Russell A. Jones, MMC CITY CLERK OF THE CITY OF OPELIKA, ALABAMA Legal Run 09/05/2024

NOTICE TO CREDITORS ESTATE OF JIMMIE V. SHARPE, JR. DECEASED PROBATE COURT LEE COUNTY CASE NO. 2024-508

NOTICE TO CREDITORS Take Notice that LETTERS

TESTAMENTARY of the Estate of JIMMIE V. SHARPE, JR., are hereby granted to Linda S. Stoutenburgh. on the 30th day of August, 2024, 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 14th allowed by law or the same will be barred.

Linda S. Stoutenburgh Legal Run 09/05/24, 09/12/24 & 09/19/24

Public Release Child and Adult Care Food Program

Public News Release for NonPricing Programs The Alabama Council on Human Relations Inc, announces the sponsorship of the A labama State Department of Education Child Nutrition Programs.

In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity* and sexual orientation*), d isability, age, or reprisal or retaliation for prior civil rights activity. Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program i nformation (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.

1.Mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 202509410; or 2.Fax: (202) 690-7442; or 3.Email: program.intake@ usda.gov. This institution is an equal opportunity provider. L egal Run 09/05/2024

Advertisement For Bids

Sealed bids for the LR 249 and LR 318 Water Transmission Main Rebid CMGM230058(R ) will be received at the Smiths Water and Sewer Authority, located at 2848 Lee Road 243, Smiths Station, AL 36877, until Thursday, October 10, 2024 at 10:00 a.m. EST (local time) at which time the Bids received will be publicly opened and read aloud. The Project includes the following Work: Approximately 4 0,000 LF of 12” water transmission main and all related appurtenances. I nformation for the Project can be found at the following designated website: www.gmcnetwork.com/bids . T he Issuing Office for the Bidding Documents is Goodwyn Mills Cawood LLC, 11 N. Water St., Suite 15250, Mobile, AL 36602, Ashley Morris ashley.morris@gmcnetwork.com. Prospective Bidders m ay examine the Bidding Documents at the Issuing Office on Monday through Friday between the hours of 8:00 a.m. – 5:00 p.m., and may obtain copies of the Bidding Documents from the Issuing Office as described below. Copies of the Bidding Documents may be obtained from the Issuing Office, during the hours indicated above, upon payment of a deposit of $20.00 for a one-time administrative fee for digital access/ fi le sharing and/or $150.00 for each printed set. Said cost represents the cost of printing, reproduction, handling, and distribution, therefore no refund will be granted. Checks for Bidding Documents shall be payable to “GMC.” Partial sets of Bidding Documents will not be available from the Issuing Office. Neither Owner nor Engineer will be responsible for full or partial sets of Bidding Documents, including Addenda if any, obtained from sources other than the Issuing Office. Bid security shall be furnished in accordance with the I nstructions to Bidders. The Owner reserves the right to waive any informalities, or to reject any or all bids, to award the contract to the lowest, responsive, and responsible bidder and reissue the bid if needed. All bidders shall submit, u pon request, a list of projects “successfully completed” in the last 2 years, having the same scope of work and approximate construction cost as specified in this project. All bidders must comply with requirements of the Contractor’s Licensing Law of the State of Alabama and be certified for the type of work on which the proposal is submitted. Each bidder must deposit with his bid, security in the amount, form and subject to the conditions provided in the Instructions to Bidders. All Bidders bidding in amounts exceeding that established by the State Licensing Board for General Contractors must be licensed under the provisions of Title 34, Chapter 8, Code of Alabama, 1975, and must show evidence of license before bidding or bid will not be received or considered by the Engineer; the Bidder shall show such evidence by clearly displaying the l icense number on the outside of the envelope in which the Proposal is delivered. No bidder may withdraw his bid within 60 days after the opening thereof. All bidders must comply with t he President’s Executive Order Number 11246 which prohibits discrimination in employment regarding race, color, religion, sex, sexual orientation, gender identity, or national origin. The Smiths Water and Sewer Authority is an Equal Opportunity Employer. All or part of this project is to be funded through a subaward from Lee County’s American Rescue Plan Act State and Local Fiscal Recovery Funds (“ARPA Funds”) and will require DBE documentation from the low, responsive, responsible bidder no later than 10 days after the bid opening. All participants must comply with all federal requirements applicable to the Loan (including those imposed by the 2014 Appropriations Act and related SRF Policy Guidelines) which the Participant understands includes, among other, r equirements that all of the iron and steel products used in the Project are to be produced in the United States (“American Iron and Steel Requirement”). Bidders must be compliant with the terms and conditions of the ARPA award as set forth in the bid documents. Bidders will be fully responsible for the delivery of their bids i n a timely manner. Reliance upon the U.S. Mail or other carriers is the bidder’s risk.

Owner: Smiths Water and Sewer Authority

By: Mr. Joe Walden

Title: Chairman Legal Run 09/05/2024, 09/12/2024 & 09/19/2024

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