Legals for the week of October 7 - 14, 2016

October 7, 2016 chris
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MORTGAGE FORECLOSURE SALE

WHEREAS, default has been made in the terms of the mortgage executed on the 8th day of April, 2016, by Courtney Blackwell, as mortgagor, in favor of Mary Catherine Malone, as mortgagee, as recorded in the Office of the Judge of Probate of Etowah County, Alabama in Gadsden, Alabama, at Inst. # 3432495, and said default continuing, the mortgagee, under power of sale contained in said mortgage, will sell at auction for cash to the highest bidder on the steps of the Etowah County Courthouse in Gadsden, Alabama, during legal hours of sale on the 21st day of November, 2016, the following described real estate embraced in said mortgage, situated in Etowah County, Alabama, to-wit:

Parcel #1

Lots Numbers One (1) and Two (2) in Block Three (3) in Sheffield Heights, according to the map thereof recorded in Plat Book “C”, page 81, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama.

and

Parcel #2

A tract or parcel of land described as follows:  Begin at the NE corner of Lot 6 of T.R. Raley’s Second Addition to East Gadsden; thence West along the North line of said lot 17.9 feet to the Northeast corner of a parcel of land conveyed by Lee Higgins and wife to Billy R. Morris and wife, in a deed recorded in Book 1725, page 341, Probate Office, Etowah County, Alabama; thence Southerly and along the East line of the Morris Tract to the South line of said Lot 6; thence East along the South line of Lot 6, 5.4 feet to the Southeast corner thereof; thence North along the East line of Lot 6 to the point of beginning, embracing a portion of Lot 6 T.R. Raley’s Second Addition to East Gadsden as recorded in Plat Book D, page 23, Probate Office, Etowah County, Alabama.

Said sale is made for the purpose of foreclosing of said mortgage, paying the mortgage debt, the costs and expenses of foreclosure, including a reasonable attorney’s fee.

Mortgagee reserves the right to bid on the subject property.  Said mortgage is a first mortgage and is not junior to another mortgage or record.  Said sale is also subject to unpaid taxes or assessments whether of record or not.

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances.  Programs may also exist that help persons avoid or delay the foreclosure process.  An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

Jason Knowles

Knowles & Sullivan, LLC

Attorneys for Mortgagee

400 Broad Street, Suite 105

Gadsden, Alabama 35901

Ph: 256-547-7200

Email: jason@kkslawgroup.com

Sept 23, 30 & Oct 7, 2016

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MORTGAGE FORECLOSURE SALE

DEFAULT HAVING BEEN MADE in the payment of the indebtedness secured by that certain Mortgage and Security Agreement executed to Liberty Bank by Wynell Roden, a single woman, which mortgage is dated February 3, 2006, and which was recorded on  February 6, 2006 in Document Number M-2006-0475 in the Office of the Judge of Probate, Etowah County, Alabama, and which Mortgage and Security Agreement was re-recorded on March 21, 2006 to reflect the county in which the property is situated in Instrument Number 3243129 in the Office of the Judge of Probate, Etowah County, Alabama;

And default continuing, notice hereby is given that under the power of sale contained in said Mortgage and Security Agreement, I will, on behalf of LIBERTY BANK proceed to sell on October 28, 2016, during the legal hours of sale, to-wit:  11:00 o’clock a.m. to 4:00 o’clock p.m., in front of the main entrance to the Etowah County Courthouse in Gadsden, Alabama, to the highest, best, and last bidder for cash, the following described real estate situated in Etowah County, Alabama, and described as follows:

Begin at an existing capped rebar at the NW corner of the SE ¼ of the NW 1/4 , Section 13, Township 10 South, Range 5 East of the Huntsville Meridian, Etowah County, Alabama and run South 04 degrees 46 minutes 46 seconds East along the West line of said forty 225.00 feet to the point of beginning; thence continue South 04 degrees 46 minutes 46 seconds East along said R/W 1085.21 feet to a point on the Northerly R/W of Smith Chapel Road (60 ft. R/W); thence run North 89 degrees 34 minutes 11 seconds East leaving said West line and along said R/W 134.85 feet to a point; thence leaving said R/W run North 07 degrees 03 minutes 02 seconds East 280.78 feet to a point; thence run North 88 degrees 05 minutes 05 seconds West 37.12 feet to a point; thence run North 14 degrees 31 minutes 08 seconds East 210.00 feet to a point; thence run South 88 degrees 05 minutes 16 seconds East 210.00 feet to the Westerly R/W of said road; thence run the following bearings and distances along said R/W North 10 degrees 43 minutes 44 seconds East 121.68 feet; North 00 degrees 13 minutes 58 seconds East 127.90 feet; North 04 degrees 44 minutes 25 seconds West 345.83 feet to a point; thence leaving said R/W run North 88 degrees 33 minutes 03 seconds West 479.91 feet to the point of beginning.  Said property being a portion of the SE ¼ of the NW ¼, Section 13, Township 10 South, Range 5 East of the Huntsville Meridian, Etowah County, Alabama.

Said sale is for the purpose of securing payment of the indebtedness secured by said mortgage, together with the costs of foreclosure.

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances.  Programs may also exist that help persons avoid or delay the foreclosure process.  An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

WILSON & SCOTT, L.L.C.

Attorneys for Mortgagee

/s/ Nikki P. Scott

NIKKI P. SCOTT (SCO 029)

411 Alabama Avenue, Southwest

Fort Payne, Alabama  35967

Tel: (256) 845-7000 / Fax: (256) 845-6333

Sept 23, 30 & Oct 7, 2016

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MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by mortgage executed by Andres Rafael Marcano II and wife, Tammy Lynn Marcano, to Joseph Brandon George and wife, Amy George dated August 6, 2014 and filed for record in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3405561; the undersigned mortgage owner, Joseph Brandon George and wife, Amy George, have elected to declare the entire indebtedness secured by said mortgage due and payable as provided in the terms of said mortgage, and acting under and by virtue of the power and authority given by said mortgage, will on the 24th day of October, 2016, during the legal hours of sale, sell at public outcry to the highest bidder for cash in front of the courthouse door, City of Gadsden, Etowah County, Alabama, the following described real estate situated in Etowah County, Alabama, to-wit:

Commence at an existing ¾” rod at the Northernmost corner of Lot #4, Bock “F” of Sims Addition to Glencoe, as recorded in Plat Book “C”, Page 227 in the Probate Office of Etowah County, Alabama, and run Southeasterly along the NE line of said Lot #4, 187.46 feet to the point of beginning of the property described herein; thence continue South 43 degrees 25 minutes 56 seconds East along said lot line 200.00 feet to a point on the NE corner of said Lot #4, on the Northwesterly R/W of College Street (50’ R/W); thence run South 41 degrees 20 minutes 00 seconds West along said R/W 200.00 feet to the Southernmost corner of Lot #1 of said subdivision at the point of intersection with the Northeasterly R/W of Ernest Street (40’R/W); thence run North 8 degrees 21 minutes 49 seconds West along said Northeasterly R/W 202.1 feet to a point; thence North 41 degrees 14 minutes 26 seconds East leaving said R/W 182.09 feet to the point of beginning. Said property being a portion of Lots 1, 2,  and 4, Block “F”, of Sims Addition to Glencoe, as recorded in Plat Book “C”, Page 227 in the Probate Office of Etowah County, Alabama.

Property Address: 09 N College Street, Glencoe, Alabama 35905.

The proceeds of said sale will be used, expended and applied in accordance with the terms of said mortgage.

Joseph Brandon George and Amy George

Mortgage Owner

BRIAN KEITH COPELAND

COPELAND AND COPELAND, LLC

Attorney for Owner

Sept 23, 30 & Oct 7, 2016

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MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Dorothy Sue Moffett, a widow, to CITIFINANCIAL CORPORATION, LLC, on February 17, 2004, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Doc. # M-2004-0639; CitiFinancial Servicing, LLC, successor by merger with CitiFinancial Corporation, LLC, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Etowah County Courthouse, in Gadsden, Alabama, on October 20, 2016, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

LOT 21, BLOCK 8, IN THE GADSDEN LAND AND IMPROVEMENT COMPANY`S KYLE ADDITION TO GADSDEN, ACCORDING TO MAP OR PLAT THEREOF RECORDED IN BOOK OF TOWN PLATS “A”, PAGE 23, IN THE OFFICE Of THE JUDGE OF PROBATE AND BEING AND LYING IN THE CITY OF GADSDEN, ETOWAH COUNTY, ALABAMA.

SUBJECT TO ALL RESTRICTIONS, RESERVATIONS, RIGHTS, EASEMENTS, RIGHTS-OF-WAY, PROVISIONS, COVENANTS AND BUILDING SET-BACK LINES OF RECORD.

ADDRESS: 330 SOUTH 12TH; GADSDEN, AL 35901 TAX MAP OR PARCEL ID NO. 31-15-03-05-4-000-323.000

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expense of foreclosure.

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as part of the foreclosure process.

CitiFinancial Servicing, LLC, successor by merger with CitiFinancial Corporation, LLC

Transferee

Jauregui & Lindsey, LLC

244 Inverness Center Dr

Ste 200

Birmingham, AL 35242

205-988-8888

Sept 30, Oct 7 & 14, 2016

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MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Brian Weathington and Cortney D. Weathington, originally in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Ameritrust Mortgage Company, on the 27th day of February, 2006, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3241769; the undersigned U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on November 1, 2016, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit:

Lot Number One (1) in Block “B” of the Covelake Subdivision, as shown by Map or Plat thereof recorded in Plat Book “H”, page 61, Probate Office, Etowah County, Alabama, lying and being in Etowah County, Alabama.

Property street address for informational purposes:  2500 Cove Circle, Gadsden, AL 35903

THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES, AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND THOSE CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF PROBATE OF THE COUNTY WHERE THE ABOVE-DESCRIBED PROPERTY IS SITUATED.  THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances.  Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.

The successful bidder must tender a non-refundable deposit of Five Thousand Dollars ($5,000.00) in certified funds made payable to Sirote & Permutt, P.C. at the time and place of the sale. The balance of the purchase price must be paid in certified funds by noon the next business day at the Law Office of Sirote & Permutt, P.C. at the address indicated below. Sirote & Permutt, P.C. reserves the right to award the bid to the next highest bidder should the highest bidder fail to timely tender the total amount due.

The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit its purchase price against the expenses of sale and the indebtedness secured by the real estate.

This sale is subject to postponement or cancellation.

U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, Mortgagee/Transferee

Elizabeth Loefgren

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

398049

Sept 30, Oct 7 & 14, 2016

______________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on May 11, 2011 by Brandon Wade Townsel, a married man and Angela D. Townsel, his wife, originally in favor of Mortgage Electronic Registration Systems, Inc. as nominee for MortgageAmerica, Inc., Corporation, and recorded in Instrument Number at 3349863 on May 18, 2011, in the Office of the Judge of Probate of Etowah County, Alabama, and secured indebtedness having been transferred or assigned to Wells Fargo Bank, NA as reflected by instrument recorded in Instrument Number, 3427480 of the same Office. Shapiro and Ingle, L.L.P., as counsel for Mortgagee or Transferee and under and by virtue of power of sale contained in the said mortgage will, on November 1, 2016, sell at public outcry to the highest bidder in front of the main entrance of the Etowah County, Alabama, Courthouse in the City of Gadsden, during the legal hours of sale, the following real estate situated in Etowah County, Alabama, to wit:

Lot Number Fifteen (15) in H. J. Foremans Subdivision in the NW 1/4 of Section 28, Township 11 South, Range Six East, according to the map recorded in Plat Book “E”, Page 32 and 33, Probate Office, Etowah County, Alabama.

For informational purposes only, the property address is: 629 Tabor Rd, Gadsden, AL 35904.

ANY PROPERTY ADDRESS PROVIDED IS NOT PART OF THE LEGAL DESCRIPTION OF THE PROPERTY SOLD HEREIN AND IN THE EVENT OF ANY DISCREPANCY, THE LEGAL DESCRIPTION REFERENCED HEREIN SHALL CONTROL.

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  Furthermore, the property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance AS IS, WHERE IS. Neither the mortgagee, nor the officers, directors, attorneys, employees, agents or authorized representative of the mortgagee make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property offered for sale.  Any and all responsibilities or liabilities arising out of or in any way relating to any such condition, including those suggested by Code of Ala. (1975) § 35-4-271, expressly are disclaimed.  This sale is subject to all prior liens and encumbrances and unpaid taxes and assessments including any transfer tax associated with the foreclosure.  The successful bidder must tender a non-refundable deposit of Five Thousand Dollars and no/100 ($5,000.00) in certified or cash funds at the time and place of the sale.  The balance of the purchase price must be paid in certified funds by close of business on the next business day thereafter at the Law Office of Shapiro and Ingle, LLP at the address indicated below.  Shapiro and Ingle, LLP reserves the right to award the bid to the next highest bidder, or to reschedule the sale, should the highest bidder fail to timely tender the total amount due.

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

Wells Fargo Bank, NA, and its successors and assigns

Mortgagee or Transferee

SHAPIRO AND INGLE, LLP

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

704-333-8107/ 16-010806

Attorneys for Mortgagee or Transferee

Sept 30, Oct 7 & 14, 2016

______________

MORTGAGE FORECLOSURE SALE

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Christopher A. Sanford, a single man, to Alabama Teachers Credit Union on the 3rd day of May, 2011, said mortgage being recorded at Instrument #3349432, Mortgage Records, Office of the Judge of Probate of Etowah County, Alabama, and the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, Dana L. Rice, will sell at public outcry to the highest bidder for cash in front of the Courthouse door in Gadsden, Etowah County, Alabama, during the legal hours of sale on the 31st day of October, 2016, the following described real estate situated in Etowah County, Alabama, to-wit:

Lot Number 43, Rollingwood Subdivision, according to the map or plat thereof recorded in Plat Book “J”, Page 102, Probate Office, Etowah County, Alabama.

Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances.  Programs may also exist that help persons avoid or delay the foreclosure process.  An attorney should be consulted to help you understand these rights and programs as part of the foreclosure process.

Alabama Teachers Credit Union

BY:/s/Dana L. Rice

Dana L. Rice, Its Attorney

Turnbach, Warren, Rice, Lloyd, Frederick & Smith, P.C.

P. O. Box 129

Gadsden, Alabama 35902

(256) 543-3664

Oct 7, 14 & 21, 2016

______________

MORTGAGE FORECLOSURE SALE

STATE OF ALABAMA

COUNTY OF ETOWAH

Default having been made in the indebtedness secured by that certain mortgage executed by Acton Eugen Brown And Barbara Ann Brown Wife to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Generation Mortgage Company dated August 28, 2012; said mortgage being recorded in Instrument No. 3373048 in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to Nationstar Mortgage LLC d/b/a Champion Mortgage Company to be recorded in the Office of the Judge of Probate of Etowah County, Alabama.

The undersigned, Nationstar Mortgage LLC d/b/a Champion Mortgage Company, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the main entrance of the Court House in Etowah County, Alabama during the legal hours of sale (between 11am and 4pm), on the 3rd day of November, 2016 the following property, situated in Etowah County, Alabama, to-wit:

Parcel #1: A tract of land described as beginning at the northeast corner of Lot 3 in Block 2 in the J. M. Simmons Addition, as shown by the map thereof recorded in Plat Book “E”, page 69, Probate Office, Etowah County, said point being in the northwest line of Delmar Street, as shown by said map; and from thence run in a southwesterly direction along the easterly line of said Lot 3 and along the northwest line of Delmar Street a distance of 40 feet; thence in a northwesterly direction, in a direct line, a distance of 130 feet to a point in the north line of said Lot 3; thence in a westerly direction along the north line of said lot a distance of 50 feet; thence in a northeasterly direction in a direct line to a point in the southwesterly line of Arbor Avenue, as shown by map of the M. F. Walls Subdivision recorded in Plat Book “E”, page 57, said Probate Office, which said point is 200 feet northwesterly, measured along the southwest line of said Arbor Avenue, from where said southwest line of Arbor Avenue intersects the south line of the southeast quarter of the northeast quarter in Section 34; thence in a southeasterly direction along the southwest line of Arbor Avenue a distance of 200 feet to the point of beginning, said description embracing a portion of Lot 3 in Block 2 in J. M. Simmons Addition, according to map thereof recorded in Plat Book “E”, Page 69, said Probate Office, and a small triangular portion of Delmar Street, as shown by said map, and also embracing an unplatted portion of the southeast quarter of the northeast quarter in Section 34, Township 11 South, Range 6 East of Huntsville Meridian in Gadsden, Etowah County, Alabama. Parcel #2: Lot Three (3) and a portion of Lot Two (2) in J. M. Simmons Addition to Gadsden, described as follows: Beginning at the northwest corner of Lot 2; thence east and along the north line of said Lot 2 to a point in the northwest line of Delmar Street; thence in a southwesterly direction and along westerly line of said Delmar Street a distance of 60 feet to a point; thence in a northwesterly direction in a direct line to the point of beginning, said description embracing all of Lot 3 and a portion of Lot 2, all in Block Two (2) in the J. M. Simmons Addition, according to map or plat thereof recorded in Plat Book “E”, page 69, Probate Office, Etowah County, and lying and being in Gadsden, Etowah County, Alabama.

Said property is commonly known as 1106 Halsey Street, Gadsden, AL 35901.

The indebtedness secured by said Mortgage has been and is hereby declared due and payable because of default under the terms of the Note secured by said Mortgage, including but not limited to, nonpayment of the indebtedness as and when due.  The indebtedness remains in default, and this sale will be made for the sole purpose of paying the same, including all expenses of the sale, attorney’s fees, and all other payments provided for under the terms of said Mortgage.

Said property will be sold subject to the following items, which may affect the title to said real property: all zoning ordinances; matters which would be disclosed by an accurate survey or inspection of the property; any outstanding taxes, including but not limited to, ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities, which constitute liens upon said property; all restrictive covenants, easements, rights-of-way; the statutory right of redemption pursuant to Alabama law; and any other matters of record superior to said Mortgage.  To the best of the knowledge and belief of the undersigned, the party in possession of the real property is Acton Eugen Brown and Barbara Ann Brown or tenant(s).

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

NATIONSTAR MORTGAGE LLC D/B/A CHAMPION MORTGAGE COMPANY

as holder of said mortgage

McCalla Raymer Pierce, LLC

Two North Twentieth

2 20th Street North, Suite 1310

Birmingham, AL 35203

(800) 275-7171

FT21@mccallaraymer.com

File No. 947216

www.foreclosurehotline.net

THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT.  ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

Oct 7, 14 & 21, 2016

______________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed on September 23, 2009 by Claudette Bailey Blackwood, a single woman, originally in favor of Mortgage Electronic Registration Systems, Inc. as nominee for Branch Banking and Trust Company, successor in interest to Colonial Bank, and recorded in Instrument # 3320410 on September 23, 2009, and modified in modified by Agreement recorded January 11, 2016 in Instrument Number 3428504, in the Office of the Judge of Probate of Etowah County, Alabama. Shapiro and Ingle, L.L.P., as counsel for Mortgagee or Transferee and under and by virtue of power of sale contained in the said mortgage will, on November 2, 2016, sell at public outcry to the highest bidder in front of the main entrance of the Etowah County, Alabama, Courthouse in the City of Gadsden, during the legal hours of sale, the following real estate situated in Etowah County, Alabama, to wit:

Lot 43, Parcel Number 3, as shown on a map of property of Cone Mills Corporation, Dwight Division, recorded in Plat Book F, Page 51-65, Probate Office, Etowah County, Alabama.

For informational purposes only, the property address is: 36 Southern Ave, Gadsden, AL 35904.

ANY PROPERTY ADDRESS PROVIDED IS NOT PART OF THE LEGAL DESCRIPTION OF THE PROPERTY SOLD HEREIN AND IN THE EVENT OF ANY DISCREPANCY, THE LEGAL DESCRIPTION REFERENCED HEREIN SHALL CONTROL.

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  Furthermore, the property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance AS IS, WHERE IS. Neither the mortgagee, nor the officers, directors, attorneys, employees, agents or authorized representative of the mortgagee make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property offered for sale.  Any and all responsibilities or liabilities arising out of or in any way relating to any such condition, including those suggested by Code of Ala. (1975) § 35-4-271, expressly are disclaimed.  This sale is subject to all prior liens and encumbrances and unpaid taxes and assessments including any transfer tax associated with the foreclosure.  The successful bidder must tender a non-refundable deposit of Five Thousand Dollars and no/100 ($5,000.00) in certified or cash funds at the time and place of the sale.  The balance of the purchase price must be paid in certified funds by close of business on the next business day thereafter at the Law Office of Shapiro and Ingle, LLP at the address indicated below.  Shapiro and Ingle, LLP reserves the right to award the bid to the next highest bidder, or to reschedule the sale, should the highest bidder fail to timely tender the total amount due.

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

Branch Banking and Trust Company, and its successors and assigns

Mortgagee or Transferee

SHAPIRO AND INGLE, LLP

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

704-333-8107/ 16-010662

Attorneys for Mortgagee or Transferee

Oct 7, 14 & 21, 2016

______________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain real estate mortgage executed by Sonja R. Borden to Gadsden-Etowah Habitat for Humanity, Inc., dated December 10, 2009, and recorded in Instrument #3324580, in the Office of the Judge of Probate, Etowah County, Alabama, and the mortgagee, by reason of such default having declared all the indebtedness secured by said mortgage due and payable and said mortgage subject to foreclosure, and said default continuing, notice is hereby given that, acting under the powers of sale contained in said mortgage, the mortgagee will sell at public outcry, for cash, to the highest and best bidder in front of the Courthouse door of the Etowah County Courthouse, during the legal hours of sale on the 28th day of October, 2016, the following described real estate situated in Etowah County, Alabama.

Lot Thirteen (13) of Adams Park Subdivision, according to the map or plat thereof recorded in Plat Book “L”, Page 59 in the Probate Office of Etowah County, Alabama, and lying and being in Gadsden, Alabama.

Said sale will be made for the purpose of paying the indebtedness secured by the above said mortgage, and the proceeds thereof will be applied as provided by the terms of the mortgage, and said foreclosure sale will be made subject to any existing Federal Tax Liens and/or special assessments, if any.

By: David C. Livingston

Attorney for Mortgagee

P. O. Box 1621

Gadsden, AL 35902

256-546-9300

Oct 7, 14 & 21, 2016

______________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed to Mortgage Electronic Registration Systems, Inc. as nominee for Access National Mortgage Corporation on February 19, 2010, by Gaynell Willis, a single person, and recorded and secured indebtedness having been transferred or assigned to Wells Fargo Bank, NA as reflected by instrument recorded in Instrument Number, 3434179 of the same Office. Shapiro and Ingle, LLP, as counsel for the Mortgagee or Transferee, under and by virtue of the power of sale contained in the said mortgage will sell at public outcry to the highest bidder for cash in front of the main entrance of the Etowah County, Alabama, Courthouse in the City of Gadsden, Etowah County, Alabama, on the October 4, 2016, during the legal hours of sale the following real estate situated in Etowah County, Alabama, to wit:

All that certain lot or parcel of land situated in the County of Etowah, State of Alabama, and being more particularly described as follows:

COMMENCING at the Northwest corner of the Northwest 1/4,ofthe Southwest 1/4 of Section 7, Township 10 South, Range 6 East; thence South 89 degrees 46’ East, 269.8 feet; thence South 1 degrees 15’ West, 1137.4 feet, to the North line of that property described as being three acres and a right of way, Book “563”, Page 263, Probate Office, Etowah County, Alabama; thence North 88 degrees 12’ West along said line 269.8 feet to the West line of said Section 7; thence North 1 degrees 15’ East, 1130 feet along said section line to the point of BEGINNING. Lying and being in Etowah County, Alabama, containing 7 acres, more or less.

Notice of this foreclosure sale may also be provided to the following parties if applicable, who may have some interest in said property, in order that they might avail themselves of the opportunity to bid at said foreclosure sale: Internal Revenue Service.

For informational purposes only, the property address is:  2474 Leeth Gap Cutoff Rd, Boaz, AL 35956.  This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  Five Thousand Dollars and no/100 ($5,000.00) must be tendered in certified funds at the time and place of the sale by the purchaser as a non-refundable deposit.  The balance of the purchase price must be paid in certified funds within 24 HOURS thereafter at the law offices of Shapiro and Ingle, LLP, 10130 Perimeter Parkway, Suite 400, Charlotte, NC 28216, 704-333-8107.  Shapiro and Ingle, LLP reserves the right to award the bid to the next highest bidder, or to reschedule the sale, should the highest bidder fail to timely tender the total amount due.

Wells Fargo Bank, NA, and its successors and assigns

Mortgagee or Transferee

SHAPIRO AND INGLE, LLP

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

704-333-8107/16-010661

Attorneys for Mortgagee or Transferee

The Messenger Newspaper – Run ad: September 9, 2016, September 16, 2016, September 23, 2016

The public sale provided for hereinabove was postponed on October 4, 2016, by public announcement being made at the main entrance of the Etowah County Courthouse, Gadsden, Alabama, during the legal hours of sale.  The foreclosure sale described hereinabove shall be held on the October 18, 2016, at the main entrance of the Etowah County Courthouse, Gadsden, Alabama, during the legal hours of sale.

Oct 7, 2016

______________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed to Mortgage Electronic Registration Systems, Inc. as nominee for Network Funding, LP on July 5, 2011, by Gerald L. Blevins and Cyndi Blevins, husband and wife, and recorded  and secured indebtedness having been transferred or assigned to Wells Fargo Bank, NA as reflected by instrument recorded in Instrument Number, 3432446 of the same Office. Shapiro and Ingle, LLP, as counsel for the Mortgagee or Transferee, under and by virtue of the power of sale contained in the said mortgage will sell at public outcry to the highest bidder for cash in front of the main entrance of the Etowah County, Alabama, Courthouse in the City of Gadsden, Etowah County, Alabama, on the October 4, 2016, during the legal hours of sale the following real estate situated in Etowah County, Alabama, to wit:

Lot Number Nineteen (19), Block One (1) as shown on map of Lot Numbers Twenty-one (21), Twenty-two (22), Twenty-three (23), and Twenty-four (24) Block Twenty-six (26) Cloverdale Subdivision. Schroeter Subdivision Number Two (2) and addition to Attalla as recorded in Plat Book “G”, Page 139, Probate Office of Etowah County, Alabama, and lying and being in Attalla, Etowah County, Alabama.

Notice of this foreclosure sale may also be provided to the following parties if applicable, who may have some interest in said property, in order that they might avail themselves of the opportunity to bid at said foreclosure sale: Internal Revenue Service.

For informational purposes only, the property address is:  710 Owens Ave Southwest, Attalla, AL 35954.  This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  Five Thousand Dollars and no/100 ($5,000.00) must be tendered in certified funds at the time and place of the sale by the purchaser as a non-refundable deposit.  The balance of the purchase price must be paid in certified funds within 24 HOURS thereafter at the law offices of Shapiro and Ingle, LLP, 10130 Perimeter Parkway, Suite 400, Charlotte, NC 28216, 704-333-8107.  Shapiro and Ingle, LLP reserves the right to award the bid to the next highest bidder, or to reschedule the sale, should the highest bidder fail to timely tender the total amount due.

Wells Fargo Bank, NA, and its successors and assigns

Mortgagee or Transferee

SHAPIRO AND INGLE, LLP

10130 Perimeter Parkway, Suite 400

Charlotte, NC 28216

704-333-8107/16-010594

Attorneys for Mortgagee or Transferee

The Messenger Newspaper – Run ad: September 9, 2016 and September 16, 2016 and September 23, 2016

The public sale provided for hereinabove was postponed on October 4, 2016, by public announcement being made at the main entrance of the Etowah County Courthouse, Gadsden, Alabama, during the legal hours of sale.  The foreclosure sale described hereinabove shall be held on the October 18, 2016, at the main entrance of the Etowah County Courthouse, Gadsden, Alabama, during the legal hours of sale.

Oct 7, 2016

______________

MORTGAGE FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Blake Aaron Kidd, an unmarried man, originally in favor of Mortgage Electronic Registrations, Inc., as nominee for Home Mortgage of America, Inc., on the 27th day of December, 2012, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3378864; the undersigned Wells Fargo Bank, NA, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on September 26, 2016, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit:

Commence at a concrete monument marking the Southeast corner of the Southeast 1/4-Southeast 1/4 of Section 17, T-11-S, R-5-E, thence North 37 degrees 06 minutes 56 seconds West 2170 56 feet to a 1/4 inch steel rod on the Northwesterly Right of Way of Luckie Mountain Road (Right of Way varies) (a/k/a US Highway #431 [Project #F165(3)], said point being the point of beginning. Thence leaving said Right of Way North 83 degrees 05 minutes 41 seconds West, 200 00 feet to a 1/2 inch rebar capped (CA-497-LS), thence North 06 degrees 54 minutes 19 seconds East 200 00 feet to a 1/2 inch rebar capped (CA-497-LS), thence South 83 degrees 05 minutes 41 seconds East, 323 00 feet to a 1/2 inch rebar capped (CA-497-LS) on the Northwester Right of way of Luckie Mountain Road (Right of Way varies) (a/k/a US Highway #431 [Project #F165(3)]), thence along said Right of Way along a curve with a radius of 3430 59 feet and a chord bearing and distance of South 38 degrees 29 minutes 48 seconds West 234 80 feet to the point of beginning.

Property street address for informational purposes:  140 Luckie Mountain Rd, Attalla, AL 35954

THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES, AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND THOSE CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF PROBATE OF THE COUNTY WHERE THE ABOVE-DESCRIBED PROPERTY IS SITUATED.  THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances.  Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.

The successful bidder must tender a non-refundable deposit of Five Thousand Dollars ($5,000.00) in certified funds made payable to Sirote & Permutt, P.C. at the time and place of the sale. The balance of the purchase price must be paid in certified funds by noon the next business day at the Law Office of Sirote & Permutt, P.C. at the address indicated below. Sirote & Permutt, P.C. reserves the right to award the bid to the next highest bidder should the highest bidder fail to timely tender the total amount due.

The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit its purchase price against the expenses of sale and the indebtedness secured by the real estate.

This sale is subject to postponement or cancellation.

Wells Fargo Bank, NA, Mortgagee/Transferee

Ginny Rutledge

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

394344

The above mortgage foreclosure sale has been postponed until 11/01/2016 during the legal hours of sale in front of the main entrance of the courthouse in the City of Gadsden, Etowah County, Alabama.

Oct 7, 2016

______________

NOTICE TO FILE CLAIMS

MICHAEL FORD MORRIS, appointed Personal Representative on September 2, 2016 Estate of FAYE DEAN MORRIS, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Sept 23, 30 & Oct 7, 2016

______________

NOTICE TO FILE CLAIMS

SHAWNA C. WILSON AND SYLVIA E. MCKINLEY, appointed Personal Representative on September 12, 2016 Estate of EVELYNN E. WILSON, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Sept 23, 30 & Oct 7, 2016

______________

NOTICE TO FILE CLAIMS

LISA FORE AND LAWRENCE HOWARD, appointed Personal Representative on August 25, 2016 Estate of MYRTLE O. HOWARD, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Sept 23, 30 & Oct 7, 2016

______________

NOTICE TO FILE CLAIMS

JOHN B. TRAYLOR, appointed Personal Representative on September 7, 2016 Estate of JOHN W. TRAYLOR, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Sept 23, 30 & Oct 7, 2016

______________

NOTICE TO FILE CLAIMS

BARBARA ARMSTRONG HUTTO, appointed Personal Representative on September 6, 2016 Estate of KATHERYN HUMPHRIES, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Sept 23, 30 & Oct 7, 2016

______________

NOTICE TO FILE CLAIMS

CHARLES LOUIS COPELAND appointed Personal Representative (s) on August 29, 2016 Estate of SHIRLEY JEAN COPELAND, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Sept 30, Oct 7 & 14, 2016

______________

NOTICE TO FILE CLAIMS

MARY ANN SNYDER appointed Personal Representative (s) on September 19, 2016 Estate of DOROTHY NELL USRY, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Sept 30, Oct 7 & 14, 2016

______________

NOTICE TO FILE CLAIMS

JULIE W. SMITH appointed Personal Representative (s) on September 19, 2016 Estate of BETTY GAIL WOLFE, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Sept 30, Oct 7 & 14, 2016

______________

NOTICE TO FILE CLAIMS

DEBORAH CHRISTIENE SEWELL appointed Personal Representative (s) on August 31, 2016 Estate of SARA WESS DAVIES PAGE, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Sept 30, Oct 7 & 14, 2016

______________

NOTICE TO FILE CLAIMS

SUZI L. MORGAN, DAVID EDWARD LOGAN, AMY ELIZABETH CASTLEMAN AND JULIAN EUGENE LOGAN appointed Personal Representative (s) on January 4, 2016 Estate of WANDA H. LOGAN, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Sept 30, Oct 7 & 14, 2016

______________

NOTICE TO FILE CLAIMS

JANETTE FAY SCOTT appointed Personal Representative (s) on September 15, 2016 Estate of HAL RYAN BIRCHFIELD, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Oct 7, 14 & 21, 2016

______________

NOTICE TO FILE CLAIMS

KATHY ROE appointed Personal Representative (s) on December 16, 2015 Estate of HARVEY L. WEAVER, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Oct 7, 14 & 21, 2016

______________
NOTICE TO FILE CLAIMS

NANCY LITTLE COPELAND appointed Personal Representative (s) on September 8, 2016 Estate of JOE DONALD COPELAND, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Oct 7, 14 & 21, 2016

______________

NOTICE TO FILE CLAIMS

DEBORAH RHODES OVERBY appointed Personal Representative (s) on August 12, 2016 Estate of NORMA O’CONNELL, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Oct 7, 14 & 21, 2016

______________

NOTICE TO FILE CLAIMS

LUTHER BROUGHTON RIDDLE appointed Personal Representative (s) on August 9, 2016 Estate of BARBARA ANN HOLMES RIDDLE, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Oct 7, 14 & 21, 2016

______________

NOTICE TO FILE CLAIMS

KRAIG L. MORRISON appointed Personal Representative (s) on August 12, 2016 Estate of ROY L. MORRISON, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Oct 7, 14 & 21, 2016

______________

RESOLUTION NO. R-378-16

Ordering Abatement of Nuisance

                                                                       

Whereas, the Building Official has determined that a structure located at

913 MARYLAND AVENUE in District 2 in the City of Gadsden, more particularly described as:

Lots Number Seven (7), Eight (8), and Nine (9), Block 8, Goodyear Park, according to the map or plat thereof, recorded in Plat Book “C”, Page 84, Probate Office, Etowah County, lying and being in Gadsden, Alabama.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to Kivie Rice, c/o Jennifer Rice, 913 Maryland Avenue, and Citicorp Trust Bank, P.O. Box 410, Hanover, MD;

Now, Therefore, be it resolved by the City Council of the City of Gadsden as follows:

1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.

2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City

Code.

          

Adopted by the City Council of Gadsden on September 27, 2016.

      

Iva Nelson, City Clerk    

Oct 7, 2016          

______________

RESOLUTION NO. R-379-16

Ordering Abatement of Nuisance

                                                                       

Whereas, the Building Official has determined that a structure located at

1003 HOLLY STREET in District 5 in the City of Gadsden, more particularly described as:

A tract or parcel of land described as beginning at a point which is due West 50.54 feet and South 8 degrees 52 minutes West, parallel and along Holly Street, 64.5 feet from the Northwest corner of Lot No. 6 of Cusimano’s First Addition to Gadsden, recorded in Plat Book “C”, Page 225, Probate Office, Etowah County, Alabama; thence from said point of beginning continue along Holly Street South 8 degrees 52 minutes West, 45.5 feet to a point; thence deflect right and run West, parallel with Foster Street 106.5 feet to a point; thence deflect right and run North 8 degrees 52 minutes East, parallel with Holly Street, 45.5 feet to a point; thence deflect right and run East, parallel with Foster Street, 106.5 feet to the point of beginning, being the South portion of a lot described in Deed Book 1395, Page 3, Probate Office, Etowah County, Alabama.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to State of Alabama, P.O. Box 327210, Montgomery, the heirs of Virginia Barfield, 1003 Holly Street, and First Family Financial Services, Inc., 620 Broad Street;

Now, Therefore, be it resolved by the City Council of the City of Gadsden as follows:

1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.

2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City

Code.

Adopted by the City Council of Gadsden on September 27, 2016.     

Iva Nelson, City Clerk              

Oct 7, 2016

______________

RESOLUTION NO. R-380-16

Ordering Abatement of Nuisance

                                                                       

Whereas, the Building Official has determined that a structure located at

1007 HOLLY STREET in District 5 in the City of Gadsden, more particularly described as:

All that portion of Lot Number Four (4) in Block Number One (1) of what is known as the E. C. Jones Extension to Woodlawn Addition, which lies West of Holly Street, according to map or plat thereof recorded in Plat Book “A”, Page 355, in the Office of the Judge of Probate of Etowah County, Alabama, described as follows: Beginning at the Northeast corner of said Lot; thence in a Southerly direction along the West margin of Holly Street a distance of 50 feet; thence in a Westerly direction and parallel with the North line of said Lot Number 4 a distance of 106 feet, more or less, to the East line of that Lot conveyed by E.C. Jones and Georgia Jones, to T.A. and Lattie Jelks by deed dated August 22, 1905, and recorded in Deed Record “KK” Page 589, in said Probate Office; thence in a Northerly line of said Lot number 4; thence in an Easterly direction along said line a distance of 106 feet, more or less, to the point of beginning, and lying and being in Gadsden, Etowah County, Alabama.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to State of Alabama, P.O. Box 327210, Montgomery, and certain rights of redemption of Kim F. Parker d/b/a The Parker Company, P.O. Box 190026, Birmingham;

Now, Therefore, be it resolved by the City Council of the City of Gadsden as follows:

1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.

2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City

Code.

         

Adopted by the City Council of Gadsden on September 27, 2016.

      

Iva Nelson, City Clerk           

Oct 7, 2016   

______________

RESOLUTION NO. R-381-16

Ordering Abatement of Nuisance

                                                                       

Whereas, the Building Official has determined that a structure located at

3434 W. MEIGHAN BOULEVARD in District 6 in the City of Gadsden, more particularly described as:

Lot Number One (1) in Block “A”, Fox Addition, as the same appears of record in Plat Book “D”, page 255, Probate Office, Etowah County, Alabama.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to Lori Alford Miller as the administrator for the estate of Thomas and Judy Alford, 1504 Alford Street S.W., Attalla, Van William Hill, 402 Gilbert Ferry Road, Attalla and Thomas B. and Judy G. Alford, 1504 Oak Street S.W., Attalla;

Now, Therefore, be it resolved by the City Council of the City of Gadsden as follows:

1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.

2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City

Code.

          

Adopted by the City Council of Gadsden on September 27, 2016.

      

Iva Nelson, City Clerk              

Oct 7, 2016

______________

LEGAL NOTICE

In accordance with Chapter 1, Title 39, Code of Alabama, 1975, notice is hereby given that HUDAK CONSTRUCTION CO., INC., Contractor, has completed the Contract for ROOF AND SUPPORT STRUCTURE REPAIRS AT GADSDEN AIR DEPOT BUILDING T-8, BID REQUEST 3315 for the State of Alabama and the City of Gadsden, Owner, and have made request for final settlement of said contract. All persons having any claim for labor, materials, or otherwise in connection with this project should immediately notify: Jeramy Ward, City of Gadsden, 90 Broad Street, Gadsden, AL. 35901

Hudak Construction

400 W Meighan Blvd

Gadsden, AL 35901

Sept 16, 23, 30 & Oct 7, 2016

______________

LEGAL NOTICE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN RE: The Matter of the Last Will and Testament of Charles Cooper, Deceased

NOTICE TO: Phillip Charles Anthony, Antoinette Cooper

A hearing on the Petition for Probate of the Last Will and Testament of CHARLES COOPER, Deceased, will be held before the undersigned on the 22nd day of November, 2016, at 2:00 p.m. at the Etowah County Courthouse, Gadsden, Alabama.

Bobby M. Junkins

Judge of Probate

Jhamayne David Cooper, Executor

Rodney L. Ward

827 Chestnut Street

Gadsden, AL 35901

256-547-2800

Sept 30, Oct 7, 14 & 21, 2016

______________

LEGAL NOTICE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO. S-9191

IN RE: BOBBY POLLARD

TO: Bobby Wane Pollard, address unknown

NOTICE OF DAY SET FOR HEARING, PETITION FOR LETTERS OF GUARDIANSHIP AND CONSERVATORSHIP

You will please take notice that a Petition for Letters of Guardianship and Conservatorship of BOBBY POLLARD, was filed in my office for Probate by the Department of Human Resources, and that the 29th day of November, 2016, at 10:00 p.m., was appointed a day and time for hearing thereof, at which time you may appear and contest the same, if you see proper.

Bobby M. Junkins

Judge of Probate

Oct 7, 14 & 21, 2016

______________

NOTICE OF ADOPTION PROCEEDINGS

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE  NO. A-1074

In the Matter of a child born to Tara Leigh Camm

TO: Natural Father, whereabouts unknown

Take notice that a Petition for the adoption of a child born to Tara Leigh Camm (Natural Mother), has been filed by Marcus William Longshore, set to be heard on the 3rd day of November, 2016, at 11:00 a.m. at the Etowah County Courthouse in Gadsden, Alabama. Minor child’s birth date is November 11, 2004.

Please be advised that if you intend to contest this adoption, you must file a written response within thirty (30) days of the date of the last date of the last publication herein with Counsel for said Petitioner, whose name and address are shown below and with the Clerk of the said Probate Court.

DONE this 8th day of September, 2016.

Bobby M. Junkins

Judge of Probate

Shannon L. Millican

Attorney for Petitioners

827 Chestnut Street

Gadsden, AL 35901

256-543-7610

Sept 30, Oct 7, 14 & 21, 2016

______________

NOTICE OF ADOPTION PROCEEDINGS

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO. A-1073

IN THE MATTER OF THE ADOPTION PETITION OF A CHILD BORN TO JAMIE NICOLE CLARK PIERCE

TO: Natural Father, whereabouts unknown

Take notice that a Petition for the adoption of a child born to JAMIE NICOLE CLARK PIERCE (Natural Mother) has been filed by HATTIE RICHARDS, set to be heard on the 22nd day of November, 2016 at 10:00 a.m. at the Etowah County Courthouse, Attn: Probate Office, 800 Forrest Avenue, Gadsden, AL 35901. Minor child’s birth date is 12/6/2009.

Please be advised that if you intend to contest this adoption, you  must file a written response within thirty (30) days of the date of the last publication herein with counsel for said Petitioner, whose name and address are as shown below and with the Clerk of the said Probate Court.

DONE this 27th day of September, 2016.

Bobby M. Junkins

Judge of Probate

Jacob Allen Millican

Attorney for Petitioners

827 Chestnut Street

Gadsden, AL 35901

256-547-3221

Sept 30, Oct 7, 14 & 21, 2016

______________

AMENDED COMPLAINT TO QUIET TITLE

IN THE CIRCUIT COURT OF ETOWAH COUNTY ALABAMA

Jonathan Leftwich,

Plaintiff

v.

Nellie Griffin Simpson, Annie Jo Griffin, Myrtice G. Myers,

James Homer Griffin, Robert M. Griffin, Cecil S. Griffin,

Nancy B. Griffin Sprayberry, Charles S. Griffin, and

Fictitious Defendants I-Z, who are the other heirs of

Martha Alice Griffin, whose identities and whereabouts

are unknown, and all other persons claiming any present, future,

contingent, remainder, reversion, or other interest in the lands described herein

and

Lot Number Two (2) according to the resurvey of the Darling Gardner property made by Jerry Respess, Civil Engineer, as the same appears of record in Plat Book “B”, Page 369, said re-survey being a part of Block Number Two (2) of the McBuffie and Gardner Addition to the City of Gadsden, which Addition is recorded in Plat Book “B”, Page 123 in the Office of the Judge of Probate and lying and being in Gadsden, Etowah County, Alabama, together with all improvements located thereon.

Defendants

1. This action is brought pursuant to §§ 6-6-540, Code of Alabama (1975).

2. This Complaint amends and, to the extent it conflicts, supersedes the Plaintiff’s Complaint previously filed in this case.  

3.  Plaintiff is and has been since 2003 in the actual, peaceable, notorious, adverse possession of the property described below, claiming to own the same, and has held and holds color of title to the property, being the fee simple interest so claimed, for a period of ten or more consecutive years, and Plaintiff has duly assessed and paid ad valorem taxes thereon during Plaintiff’s period of ownership.  The Plaintiff has made improvements to the property described herein and has incurred expenses for upkeep and maintenance.

4.  The legal description of the subject property is as follows:

Lot Number Two (2) according to the resurvey of the Darling Gardner property made by Jerry Respess, Civil Engineer, as the same appears of record in Plat Book “B”, Page 369, said re-survey being a part of Block Number Two (2) of the McBuffie and Gardner Addition to the City of Gadsden, which Addition is recorded in Plat Book “B”, Page 123 in the Office of the Judge of Probate and lying and being in Gadsden, Etowah County, Alabama, together with all improvements located thereon. (the ‘Property”)

5. The Defendants herein are the Property and those persons named above, who are believed to be of legal age, and any and all parties claiming any present, future, contingent, reversionary, remainder, or other interest therein who may claim any interest in the Property.  Plaintiff is not aware of any such persons who make such claims who are not individually named herein as defendants.

6. There are no other named defendants hereto because the Plaintiff has made diligent inquiry and has not been able to ascertain any other person making claim to or interest in the Property.

7. The Plaintiff holds color of title to the Property.  The Plaintiff’s interest was obtained from his parents, Ronnie L. Leftwich, Sr., and Brenda Y. Leftwich.  Deeds to Ronnie L. Leftwich, Sr., are recorded at D-2002-4839 and D-2003-1036.  Ronnie L. Leftwich, Sr., died on October 12, 2010, and his estate was probated in the Probate Court of Etowah County, Alabama, Case No. S-6183.  The surviving spouse of Ronnie L. Leftwich, Sr., was Brenda Y. Leftwich, who inherited her husband’s interest in the Property pursuant to the Last Will and Testament of Ronnie L. Leftwich, Sr.  No deed was made from the Estate of Ronnie Lamar Leftwich, Sr., to Brenda Y. Leftwich.  Brenda Y. Leftwich died on October 13, 2014, and her estate is probated in the Probate Court of Etowah County, Alabama, Case No. S-8230.  Jonathan Leftwich was appointed executor of the estate of Brenda Y. Leftwich, and Jonathan Leftwich inherited the Property pursuant to the Last Will and Testament of Brenda Y. Leftwich.  A Warranty Deed from the Estate of Brenda Y. Leftwich to the Plaintiff, Jonathan Leftwich, is recorded at Inst. # 3417050, Probate Office, Etowah County, Alabama.

8. The Plaintiff does not know of any person who claims any interest in the Property except as alleged in this Complaint.

9. There is no suit pending to test or determine the title to or any interest in, or right of possession of the Plaintiff in or to the Property and no suit is pending to test or determine any other title to, interest in, or right of possession of, the Property.   

10. The Plaintiff has named as defendants hereto all persons who have had possession of the Property or any part thereof within ten years next preceding the filing of this Complaint or who are known to Plaintiff to claim any part or interest in the Property.

     

Wherefore, the Plaintiff amends its prayer for relief as follows: (1) that the Court keep the Guardian ad Litem to represent the interests of the unknown parties; (2) that the Court enter a judgment or decree that the Plaintiff has the entire and undivided fee simple interest in and to the Property with no restrictions thereon; and (3) that the Court enter such other relief as the Court deems proper.

/s/ Jason Knowles

Jason Knowles

Knowles & Sullivan, LLC

400 Broad Street, Suite 105

Gadsden, Alabama 35901

Ph: 256-547-7200

Email: jason@kkslawgroup.com

Sept 30, Oct 7, 14 & 21, 2016

______________

NOTICE OF PUBLICATION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CASE NO.: CV-16-900652

GINGER CAROL BELYEU as Personal Representative of the Estate of NONA JEAN W. STITH,

PLAINTIFF

Vs.

RICKY COLEMAN CHESNUT and KATHY JANE CHESNUT, ROBERT COLEMAN CHESTNUT AND OZEAL MARGARET CHESTNUT and their heirs and all others claiming an interest in that certain real property described below and the following described real property:

Tract 1: To reach a point of beginning for the hereinafter described parcel of land, commence at the Southeast corner of Lot #1; thence run South 87 degrees 40’ West, along the South line thereof, 200.00 feet to a point; thence run North 02 degrees 00’ West, parallel with the East line of said Lot #1, 203.11 feet to a point, which is the point of beginning  of the parcel of land herein described; thence from said point of beginning, continue North 02 degrees 00’ West, parallel with said East line of Lot 1, 28.12 feet to a point; thence run North 51 degrees 50’ West, 353.31 feet to a point in the West line of said Lot #1; thence run South 02 degrees 00’ East along said West line, 164.09 feet to a point; thence run South 73 degrees 12’ East, 285.20 feet to the point of beginning, containing 0.06 acres, and embracing portions of said Lot #1, Block #1, in Block #1 of Second Addition of Paden Farm Subdivision, as recorded in Plat Book “C”, page 275, Probate Office, Etowah County, Alabama.

TRACT 2: To reach a point of beginning for the herein described parcel of land, commence at the Southeast corner of Lot #1, thence run South 87° 40’ West, along the South line thereof, 200.00 feet to a point; Thence run North 02° 00’ West, parallel with the East lien of said Lot #1, 203.11 feet to a point, thence continue North 02° 00’ parallel with the East lien of Lot #1, 28.12 feet to a point, which is the point of beginning of the parcel of land herein described; thence run North 51° 50’ West, 353.31 feet to a point in the West line of said Lot #1, thence run North 02° 00’ West along said West line 13.52 feet to the intersection of Cloverdale Road, then run southeast along the right-of-way of Cloversdale Road 308.06 feet, thence South 02°, 00’ East 92.77 feet to the point of beginning, containing 0.32 acres and embracing portions of Lots acres and embracing portions of lots 1, in Block #1 of Second Addition of Paden Farm Subdivision, as recorded in Plat Book “C”, Page 275, Probate Office, Etowah County, Alabama.

DEFENDANTS.

RICKY COLEMAN CHESNUT AND KATHY JANE CHESNUT, ROBERT COLEMAN CHESTNUT AND OZEAL MARGARET COLEMAN, and all others claiming an interest in the above described property, must answer the complaint filed by GINGER CAROL BELYEU as Personal Representative of the Estate of NONA JEAN W. STITH, seeing to quite title to the property described above and for other relief by 30 days after the last run date or thereafter a judgment by default may be rendered against them in the above styled cause.

Done this 12th day of September, 2016.

Cassandra Johnson

Circuit Clerk

Sept 16, 23, 30 & Oct 7, 2016

______________

NOTICE OF SUMMONS

Crimson Page Smith, whose whereabouts are unknown, must answer the Petition of Brian Keith Smith, and Karen McLeod Smith, for permanent custody of Micah Keith Smith, a minor, JU-16-33.02 and Aiden Alexander Whitmore, a minor, JU-16-39.02 within 14 days from the date of the last publication of this notice, or thereafter a judgment of default may be rendered against her.

Rollie Whitmore, whose whereabouts are unknown, must answer the Petition of Brian Keith Smith, and Karen McLeod Smith, for permanent custody of Aiden Alexander Whitmore, a minor, JU-16-39.02 within 14 days from the date of the last publication of this notice, or thereafter a judgment of default may be rendered against him.

Dated September 20, 2016.

Cassandra Johnson

Circuit Clerk

Sept 23, 30, Oct 7 & 14, 2016

______________

ORDER OF PUBLICATION

IN THE JUVENILE COURT OF ETOWAH COUNTY, ALABAMA

In Re:   

J.R.D.C,

a minor

Upon consideration of the Petitioners’ Petition To Terminate Parental Rights and the Motion For Alternative Method of Perfecting Notice, it is ordered that the Clerk cause a Notice of Petition of Termination of Parental Rights action to be published in The Messenger newspaper, Gadsden, Alabama, once a week for four consecutive weeks.

Done this 13th day of September, 2016.

Sept 23, 30, Oct 7 & 14, 2016

______________

NOTICE OF CIVIL ACTION

TO JOSHUA LYNN YORK

THIS IS TO NOTIFY YOU THAT IN CIVIL ACTION NO. CV-2016-900113 ENTITLED BARBARA TALLEY, PLAINTIFF VS JOSHUA LYNN YORK, ET AL, DEFENDANTS. PRESENTLY PENDING IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA, ETOWAH COUNTY COURTHOUSE, 800 FORREST AVE, ROOM 202, GADSDEN, AL 35901, THERE IS BEING MADE A CLAIM AGAINST YOU FOR NEGLIGENCE, RECKLESSNESS, AND/OR WANTON CONDUCT.

YOU ARE HEREBY NOTIFIED THAT YOU ARE REQUIRED TO ANSWER THE CLAIM(S) AGAINST YOU IN WRITING, AND TO FILE THE ORIGINAL OF YOUR ANSWER WITH THE CLERK OF THIS COURT WITH A COPY TO JARRED B. DUNN WHOSE ADDRESS IS 601 SOUTH 5TH STREET, GADSDEN, AL 35901. WITHIN THIRTY (30) DAYS OF THE LAST DATE OF PUBLICATION. FAILING TO ANSWER OR PLEAD IN RESPONSE WILL RESULT IN A DEFAULT BEING ENTERED AGAINST YOU FOR THE DAMAGES OR RELIEF SOUGHT AGAINST YOU.

THIS CASE IS ASSIGNED TO JUDGE WILLIAM B. OGLETREE.

DATED THIS 27TH DAY OF SEPTEMBER, 2016.

CASSANDRA JOHNSON

CIRCUIT CLERK

Oct 7, 14, 21 & 28, 2016

______________

NOTICE OF CONDEMNATION FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CV-2016-900050

STATE OF ALABAMA, ex rel

JODY WILLOUGHBY,

DISTRICT ATTORNEY,

Plaintiff,

Vs.

SIX THOUSAND NINE HUNDRED THIRTY AND NO/100 DOLLARS belonging to RAKIEM DAVIS

Defendant.

In Re: RAKIEM DAVIS

TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED CURRENCY:

WHEREAS, the State of Alabama has filed its complaint in the above described action seeking condemnation, forfeiture and ultimate disposition of the above described currency. You are hereby notified that you must answer said Complaint by the 28th day of November, 2016. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.

DONE this the 3rd day of October, 2016.

Cassandra  Johnson

Circuit Clerk

Oct 7, 14, 21 & 28, 2016

______________

NOTICE OF CONDEMNATION FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CV-2016-900341

STATE OF ALABAMA, ex rel

JODY WILLOUGHBY,

DISTRICT ATTORNEY,

Plaintiff,

Vs.

1980 CHEVROLET CORVETTE

VIN: 1Z87AS403115 IN POSSESSION OF RICKEY DOWDY

Defendant.

In Re: RICKEY DOWDY

TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED VEHICLE:

WHEREAS, the State of Alabama has filed its complaint in the above described action seeking condemnation, forfeiture and ultimate disposition of the above described vehicle. You are hereby notified that you must answer said Complaint by the 28th day of November, 2016. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said vehicle.

DONE this the 3rd day of October, 2016.

Cassandra  Johnson

Circuit Clerk

Oct 7, 14, 21 & 28, 2016

______________

NOTICE OF PUBLICATION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CITIFINANCIAL SERVICING LLC

Plaintiff,

vs.

Civil Action No.: CV-16-900335

FRANCINE WILSON, DARREN WILSON,

Defendants.

TO: Francine Wilson, Darren Wilson,

YOU ARE HEREBY NOTIFIED that a summons and complaint in the above styled cause has been filed against you on May 10, 2016, demanding possession of the property described in said complaint as 12360 Hwy 278 East, Piedmont, AL 36272.

YOU ARE HEREBY REQUIRED to answer plaintiff’s complaint within thirty days after the date of the last publication of this notice by serving a copy of your answer, either admitting or denying the allegations in said complaint, to Joshua B. White, Attorney for Plaintiff, whose address is P.O. Box 307, Huntsville, Alabama, 35804, and failing to answer within said time, a default may be entered against you as determined by the Court for the relief demanded by the plaintiff.  You must also file your Answer with the Clerk of the Court by such date.  This publication shall be made in The Gadsden Messenger newspaper, published in Etowah County, Alabama, once a week for four (4) successive weeks.

DONE this 27th day of September, 2016.

/s/ William B. Ogletree

CIRCUIT COURT JUDGE

Attorney for Plaintiff:

Joshua B. White

STEPHENS MILLIRONS, P.C.

P.O. Box 307

Huntsville, AL 35804

Phone:  (256) 382-5500

Fax: (256) 536-9388

Oct 7, 14 & 21, 2016

STATE OF ALABAMA

PROCLAMATION

BY THE GOVERNOR

WHEREAS, the Alabama Legislature at its 2015 Regular Session, 2016 Regular and 1st Special Sessions, ordered an election to be held on certain proposed amendments to the Constitution of Alabama of 1901, set out herein as Act Nos. 2015-217 (HB551), 2016-145 (SB260), 2015-44 (SB30), 2015-220 (HB193), 2015-200 (SB25), 2015-199 (HB336), 2015-97 (HB459), 2016-86 (HB37), 2016-120 (SB225), 2016-144 (HB339), 2016-267 (HB311), 2016-274 (HB510), 2016-429 (HB31), and 2016-430 (SB7), in accordance with the provisions of Section 284, as amended by Amendment No. 24, Sections 285 and 287 of the Constitution of Alabama of 1901, as amended, and the provisions of Amendment 555 to the Constitution of Alabama of 1901, as amended, and the election laws of this state; and

WHEREAS, notice of this election, together with these proposed amendments, is required by law and by the provisions of Act Nos. 2015-217 (HB551), 2016-145 (SB260), 2015-44 (SB30), 2015-220 (HB193), 2015-200 (SB25), 2015-199 (HB336), 2015-97 (HB459), 2016-86 (HB37), 2016-120 (SB225), 2016-144 (HB339), 2016-267 (HB311), 2016-274 (HB510), 2016-429 (HB31), and 2016-430 (SB7), to be given by Proclamation of the Governor, which Proclamation shall be published once a week for four successive weeks immediately preceding the day appointed for the election in a newspaper qualified to run legal notices in each county of the state.

NOW, THEREFORE, I, Robert Bentley, as Governor of the State of Alabama, do hereby give notice, direct and proclaim that on Tuesday, the 8th day of November, 2016, an election will be held in the State of Alabama in the manner and form provided by law upon the following proposed amendments to the Constitution of 1901 of the State of Alabama:

HB551

ENROLLED, An Act,

To amend Amendment 161 to the Constitution of Alabama of 1901, as amended by Amendment 670, now appearing as Section 266 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to the Board of Trustees of Auburn University; to establish procedures for automatically adjusting term expiration dates in order to limit the number of terms that expire during the same calendar year to three; and to increase the membership of the board by two at-large members to enhance the diversity of the board.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. The following amendment to the Constitution of Alabama of 1901, as amended, is proposed and shall become valid as a part thereof when approved by a majority of the qualified electors voting thereon and in accordance with Sections 284, 285, and 287 of the Constitution of Alabama of 1901, as amended:

PROPOSED AMENDMENT

Amendment 161 to the Constitution of Alabama of 1901, as amended by Amendment 670, now appearing as Section 266 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, is amended to read as follows:

“Section 266.

“Section 1. (a) Auburn University shall be under the management and control of a board of trustees. The board of trustees shall consist of one member from each of the congressional districts in the state as the same were constituted on the first day of January, 1961, one member from Lee County, two three at-large members both of whom who shall be a resident residents of the continental United States, the state superintendent of education serving on the date this amendatory language is ratified, who shall serve until leaving the office of superintendent, one additional at-large member who shall be a resident of the continental United States, and who shall succeed the current State Superintendent of Education on the board of trustees immediately upon the superintendent leaving office, two additional at-large members who shall be residents of the continental United States and who shall enhance the diversity of the board of trustees by reflecting the racial, gender, and economic diversity of the state, and the governor Governor, who shall be ex officio president of the board.

(b) The Appointment of the initial two at-large members shall be made by the Governor by and with the advice and consent of the Senate. Otherwise, the trustees from each congressional district, from Lee County, and all subsequent at-large trustees, including the at-large position created upon the vacating of office of the current State Superintendent of Education, two additional at-large members who shall enhance the diversity of the board, shall be appointed by the appointing committee created herein, by and with the advice and consent of the senate Senate. The appointment of members to fill a vacated position with a partially expired term of office shall also be made by the appointing committee as provided herein.

(c) A board of trustees appointing committee is established composed of the following members:

(1) The President Pro Tem of the Board of Trustees of Auburn University or the designee of the President Pro Tem. The designee shall be a member of the Board of Trustees of Auburn University.

(2) A member of the Board of Trustees of Auburn University selected by the board of trustees.

(3) Two members of the Auburn Alumni Association Board of Directors, who are not current employees of Auburn University, selected by the Auburn Alumni Association Board of Directors.

(4) The Governor or a designee of the Governor who is an alumnus of Auburn University but who is not a current member of the Auburn Board of Trustees nor a current member of the Auburn Alumni Association Board of Directors nor a current employee of Auburn University.

(d) The Governor, or the designee of the Governor, shall serve as chairperson of the appointing committee. If the chairperson fails to call a meeting within 90 days prior to the expiration of the term of a sitting board member or within 30 days following the creation of a vacancy by death, resignation, or other cause, a majority of the committee, in writing, may call a meeting giving at least 10 days notice. In the absence of the chairperson or another member designated by the chairperson to preside, the majority of the committee shall choose its own chairperson.

(e) When appropriate, the appointing committee shall meet to address the appointment of any of the following:

A person to fill the at-large position on the Board of Trustees of Auburn University created upon the vacating of office by the current State Superintendent of Education.

(1) Persons to fill an expired or soon-to-be expired term of office of any member of the Board of Trustees of Auburn University, including the two five at-large positions initially appointed by the Governor.

(2) Persons to fill the remainder of a partially expired term of office of any position on the Board of Trustees of Auburn University which has been vacated by reason of death, resignation, or other cause, including the two five at-large positions initially appointed by the Governor.

(f) The appointing committee, by majority vote, shall appoint an individual to fill the respective position on the board of trustees. The committee shall ensure that appointments are solicited from all constituencies, are inclusive, and reflect the racial, gender, and economic diversity of the state. A person may not be appointed to the Board of Trustees of Auburn University while serving on the appointing committee.

(g) A trustee shall hold office for a term of seven years, and may serve no more than two full seven-year terms of office. Appointment and service for a portion of an unexpired term shall not be considered in applying the two-term limit.

(h) For purposes of ensuring that transitions in board membership occur in a stable manner, if the secretary of the board determines that, as of January 1 of any calendar year, four or more members of the board hold seats the terms for which will expire during that calendar year, then the secretary shall provide written notice to the board of such fact and the term of the trustees whose term would otherwise expire during that subject year shall be adjusted in the following manner: The trustee who was first confirmed to a term expiring in the subject year shall have his or her term extended to the same month and day in the first subsequent year in which there are less than three trustees with terms expiring; if, after making this initial adjustment, there are still four or more trustees with terms expiring during the subject year, then the term of the next trustee or trustees whose terms are to expire during the subject year shall be adjusted, in order of their original confirmation to the term, to expire on the same month and day as their original term but in the next subsequent year or years in which there are less than three trustees with terms expiring that year; term adjustments to the next subsequent year or years in which there are less than three trustees with terms expiring shall occur regardless of whether the expiration is due to an original expiration date or due to an expiration date adjusted under this subsection, but in no case shall the term of more than three trustees expire during the same calendar year; and in making adjustments, the terms of the final three trustees with terms expiring during the subject year shall expire on the originally established dates. For purposes of this subsection, if two or more trustees were confirmed on the same date, then the order of expiration the terms of those trustees shall be determined alphabetically by last name.

(i) Each member of the board of trustees as constituted on the date this amendatory language is ratified December 13, 2000, may serve the remainder of his or her current term and shall be eligible, if otherwise qualified, to serve for no more than two additional seven-year terms.

(j) No person shall be appointed as a member of the board of trustees after having reached 70 years of age.

Of the two persons initially appointed by the Governor to serve in the at-large positions, one shall be appointed to serve an initial term of four years and one shall be appointed to serve an initial term of seven years. Thereafter, successors to these positions, who shall be appointed by the appointing committee, shall serve terms of office of the same duration as other members. These initial terms shall be considered as full terms in applying the two-term limit.

(k) One more than half of the members of the board shall constitute a quorum, but a smaller number may adjourn from day to day until a quorum is present.

(l) A term shall begin only upon confirmation by the Senate. A member may continue to serve until a successor is confirmed, but in no case for more than one year after completion of a term.

(m) No trustee shall receive any pay or emolument other than his or her actual expenses incurred in the discharge of duties as such.

(n) No employee of Auburn University shall be eligible to serve as a member of the board of trustees.

(o)(1) The appointing committee, or the Governor, in regard to the two initial at-large appointments, shall submit the name of the persons selected for appointment to the Secretary of the Senate, who shall inform the Senate of the receipt of such submission. If the Senate is in regular session at that time, the submission shall be made by the conclusion of the next legislative day following the appointment. If the Senate is not in regular session at the time of appointment, the submission shall be made before the commencement of the next regular session.

(2) If the entire Senate, by a majority vote, confirms the submission, the appointee shall immediately assume office. An appointee may not begin service prior to Senate confirmation.

(3) If the submission is not confirmed by the entire Senate by a majority vote by the conclusion of the legislative session, the submission shall be considered rejected.

(4) A submission to the Senate may be withdrawn at any time by the Governor in regard to the two initial at-large appointments made by the Governor. A submission to the Senate may be withdrawn at any time by the appointing committee in regard to appointments made by the committee.

(5) Upon the rejection of a submission or the withdrawal of a submission, the appointment and confirmation process specified in this amendment shall commence anew.

(p) The same name may be submitted to the Senate for the same position on the board more than one time.

(q) Upon the expiration of a term of office, a member of the board of trustees shall continue to serve until a successor is appointed pursuant to this amendment, is confirmed by the entire Senate by majority vote, and assumes office. If a successor is not confirmed by the conclusion of the regular session in which one or more names for the position were initially submitted, the former holder of the position may continue to serve until a successor is appointed and confirmed, but in no case shall this continuation be longer than one year after completion of the term of office.

(r) If any position on the board of trustees becomes vacant during a term of office by reason of death, resignation, or other cause, a person shall be appointed by the appointing committee to fill the remainder of the unexpired term of office pursuant to the procedure provided for other appointments made by the appointing committee. The position shall be considered vacant until a person is confirmed by a majority vote of the entire Senate.

“Section 2. Section 266 of article 14 of the Constitution of Alabama 1901 is hereby repealed.”

Section 2. An election upon the proposed amendment shall be held in accordance with Sections 284 and 285 of the Constitution of Alabama of 1901, now appearing as Sections 284 and 285 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.

Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:

“Proposing an amendment to the Constitution of Alabama of 1901, to establish procedures to ensure that no more than three of the members of the Auburn University Board of Trustees shall have terms that expire in the same calendar year and to add two additional at-large members to the board to enhance diversity on the board.

“Proposed by Act ________.”

This description shall be followed by the following language:

“Yes ( ) No ( ).”

SB260

ENROLLED, An Act,

To propose an amendment to the Constitution of Alabama of 1901, to prohibit any monies from the State Parks Fund, the Parks Revolving Fund, or any fund receiving revenues currently deposited in the State Parks Fund or the Parks Revolving Fund, and any monies currently designated under law for use by the state parks system from being transferred to any other public account, fund or entity or used for any purpose other than the support, upkeep, and maintenance of the state parks system; and to propose an amendment to Amendment 617 of the Constitution of Alabama of 1901, now appearing as Section 213.32 of the Official Recompilation of the Constitution of Alabama of 1901, as amended; to provide exceptions to the requirement that all state park system land and facilities be exclusively and solely operated and maintained by the Department of Conservation and Natural Resources.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. The following amendment to the Constitution of Alabama of 1901, as amended, is proposed and shall become valid as a part thereof when approved by a majority of the qualified electors voting thereon and in accordance with Sections 184, 285, and 287 of the Constitution of Alabama of 1901, as amended:

PROPOSED AMENDMENT

PART I.

The Legislature shall not pass any law authorizing nor shall any officer, agency, or employee transfer, use, or pledge any monies from the State Parks Fund, the Parks Revolving Fund, or any fund receiving revenues currently deposited in the State Parks Fund or the Parks Revolving Fund, and any monies currently designated by law and deposited into a public account for the use by the state parks system from being transferred to any other public account, fund or entity or used for any purpose other than the support, upkeep, and maintenance of the state parks system.

Notwithstanding, in the event that guest revenues to the State Parks Revolving Fund exceed the threshold of $50 million (as annually adjusted based on increases in the consumer price index) in a fiscal year, the sales and use and cigarette tax revenue distributed to benefit the State Parks System shall be reduced in the following fiscal year. The amount of the reduction shall correspond to the amount of guest revenue to the State Parks Revolving Fund exceeding the threshold. The amount of tax revenue not distributed to benefit the State Parks System shall be distributed to the General Fund.

PART II.

Amendment of Amendment 617.

The State of Alabama is authorized to become indebted for the purpose of the acquisition, provision, construction, improvement, renovation, equipping, and maintenance of the state parks system, public historical sites, and public historical parks, and in evidence of the indebtedness so incurred to sell and issue bonds, in addition to all other bonds of the state, not exceeding one hundred ten million dollars ($110,000,000) in aggregate principal amount. The bonds shall be direct general obligations of the state and the full faith and credit and taxing power of the state are hereby pledged to the prompt and faithful payment of the principal thereof and the interest thereon. One hundred four million dollars ($104,000,000) of the bonds shall be issued for the state by the Alabama State Parks System Improvement Corporation pursuant to the appropriate resolutions adopted by the board of directors of the corporation and the proceeds thereof shall be appropriated and used exclusively for the purpose of paying the expenses incurred in the sale and issuance of the bonds and for payment of the costs of the acquisition, provision, construction, improvement, renovation, equipping, and maintenance of the state parks system; provided, any lake acquired and/or built with the proceeds thereof by the Department of Conservation and Natural Resources as a part of a state park must have a minimum buffer of six hundred (600) lateral feet between the shoreline and any private property. In the event that the water from any said lake is sold, the cost thereof shall be equal to the periodic costs for that portion of the bond issue incurred by the Alabama State Parks System Improvement Corporation for said lake, and shall be repaid to the Department of Conservation and Natural Resources at the same rate as the debt service on said bond issue. Such acquisition, provision, construction, improvement, renovation, equipping and maintenance of the state parks system, shall be completed at the direction of the Alabama State Parks System Improvement Corporation with the advice and concurrence of the Joint Legislative Committee on State Parks, and all state park system land and facilities, except for existing concession operations or other existing permitted operations state park system land and facilities at those state parks with either (1) an establishment where sleeping or sleeping and eating accommodations are advertised or held out to be available to transients, including hotel rooms, cottages, and cabins, or (2) a golf course, or both, shall thereafter be exclusively and solely operated and maintained by the Department of Conservation and Natural Resources. This provision shall not mandate operations by entities other than the Department of Conservation and Natural Resources but shall be construed to permit such operations. Six million dollars ($6,000,000) of the bonds shall be issued for the state by the Alabama Public Historical Sites and Parks Improvement Corporation pursuant to the appropriate resolutions adopted by the board of directors of the corporation and the proceeds thereof shall be appropriated and used exclusively for the purpose of paying the expenses incurred in the sale and issuance of the bonds and for the payment of the costs of the acquisition, provision, construction, improvement, renovations, equipping, and maintenance of public historical sites and public historical parks not under the jurisdiction of the Department of Conservation and Natural Resources. Such acquisition, provision, construction, improvement, renovation, equipping, and maintenance of public historical sites and public historical parks shall be completed at the direction of the Alabama Public Historical Sites and Parks Improvement Corporation and shall thereafter be operated by the Alabama Historical Commission, or other entity as authorized by the commission, with the advice and concurrence of the Joint Legislative Committee on State Parks.

The State of Alabama is further authorized to become indebted and in evidence thereof to sell and issue one or more series of bonds to refund all or any of the bonds hereinabove authorized by this amendment in such principal amount or amounts, which may exceed the principal amount of the bonds being refunded, and in such manner as may be provided by law duly enacted by the Legislature.

The aforesaid corporations are hereby vested with the power and authority to provide for the sale and terms of the bonds hereby authorized and the issuance thereof, subject to the approval of the Governor. The bonds may be sold, executed, and delivered at any time and from time to time, may be in such forms, denominations, series, and numbers, may be of such tenor and maturities, may bear such date or dates, may be payable in such installments and at such place or places, may bear interest at such rate or rates payable and evidenced in such manner, and may contain provisions for redemption at the option of the state to be exercised by the corporations at such date or dates prior to their maturity and upon payment of such redemption price or prices, all as shall be provided by the corporations in the resolution or resolutions whereunder the bonds hereby authorized are issued. The principal of each series of bonds shall mature on such date and in such amounts as shall be specified in the resolution or resolutions of the board of directors of the corporations under which they are issued, the last of which installments shall mature not later than 20 years after the date of the bonds of the same series. All of the bonds, including refunding bonds, shall be sold only at public sale or sales, either on sealed bids or at public auction, after such advertisement as may be prescribed by the corporations, to the bidder whose bid reflects the lowest true interest cost to the state computed to the respective maturities of the bonds sold; provided, that if no bid deemed acceptable by the corporation is received, all bids may be rejected.

The bonds shall be signed in the name of the state by the Governor of the State of Alabama and the Great Seal of the State of Alabama or a facsimile thereof shall be impressed, printed or otherwise reproduced thereon and shall be attested by the signature of the Secretary of State of the State of Alabama; provided that facsimile signatures of either or both of the officers may be reproduced on such bonds in lieu of their manually signing the same.

All bonds issued under the provisions of this amendment, together with the interest income thereon, shall forever be exempt from all taxation in the state, except inheritance, estate and gift taxes.

The proceeds from the sale of the bonds by the Alabama State Parks System Improvement Corporation hereby authorized, other than refunding bonds, after the payment of all expenses of the sale thereof, shall be set apart in a special fund in the State Treasury to be designated “The Alabama State Parks System Improvement Fund,” and such proceeds, together with income derived from the investment and reinvestment thereof, shall be temporarily invested until needed and disbursed, on order of the aforesaid corporation solely for the purposes, hereinabove described, for which the bonds are authorized to be issued.

The proceeds from the sale of the bonds by the Alabama Public Historical Sites and Parks Improvement Corporation hereby authorized, other than refunding bonds, after the payment of all expenses of the sale thereof, shall be set apart in a special fund in the State Treasury to be designated “The Alabama Public Historical Sites and Parks Improvement Fund,” and such proceeds, together with income derived from the investment and reinvestment thereof, shall be temporarily invested until needed and disbursed, on order of the aforesaid corporation solely for the purposes, hereinabove described, for which the bonds are authorized to be issued.

No further authorization from the Legislature shall be a prerequisite to the validity of any bonds issued hereunder. However, the Legislature shall enact appropriate legislation implementing the provisions hereof, including provisions for the issuance of refunding bonds as hereinabove authorized.

The Alabama State Parks System Improvement Corporation and the Alabama Public Historical Sites and Parks Improvement Corporation authorized in this constitutional amendment are strongly encouraged to utilize businesses and companies in all aspects of the bond and construction portions of this amendment that reflect the racial and ethnic diversity of the state.

Section 2. An election upon the proposed amendment shall be held in accordance with Sections 284 and 285 of the Constitution of Alabama of 1901, now appearing as Sections 284 and 285 of the Official Recompilation of the Constitution of Alabama of 1901, as amended and the election laws of this state.

Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description or subject matter of the proposed constitutional amendment:

“Proposing an amendment to the Constitution of Alabama of 1901, to prohibit any monies from the State Parks Fund, the Parks Revolving Fund, or any fund receiving revenues currently deposited in the State Parks Fund or the Parks Revolving Fund, and any monies currently designated pursuant to statute for the use of the state parks system from being transferred for another purpose other than the support, upkeep, and maintenance of the state parks system.

Notwithstanding, in the event that guest revenues to the State Parks Revolving Fund exceed the threshold of $50 million (as annually adjusted based on increases in the consumer price index) in a fiscal year, the sales and use and cigarette tax revenue distributed to benefit the State Parks System shall be reduced in the following fiscal year. The amount of the reduction shall correspond to the amount of guest revenue to the State Parks Revolving Fund exceeding the threshold. The amount of tax revenue not distributed to benefit the State Parks System shall be distributed to the General Fund.

Proposing an amendment to Amendment 617 of the Constitution of Alabama of 1901, to allow the Department of Conservation and Natural Resources the option to provide for the operation and management, by non-state entities, of hotels, golf courses, and restaurants at any applicable state parks in Alabama.

“Proposed by Act ________.”

This description shall be followed by the following language:

“Yes ( ) No ( ).”

SB30

ENROLLED, An Act

To repeal Amendments 425 and 555 to the Constitution of Alabama of 1901, now appearing as Section 284.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to local constitutional amendments, and to a new add Section 284.01 to Article XVIII of the Constitution of Alabama of 1901, providing for local constitutional amendments.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. The following amendment to the Constitution of Alabama of 1901, as amended, is proposed and shall become valid as a part thereof when approved by a majority of the qualified electors voting thereon and in accordance with Sections 284, 285, and 287 of the Constitution of Alabama of 1901, as amended:

PROPOSED AMENDMENT

I. Amendments 425 and 555 to the Constitution of Alabama of 1901, are repealed.

II. Section 284.01 is added to the Constitution of Alabama of 1901, to read as follows:

Section 284.01. (a) The Legislature shall determine whether a proposed constitutional amendment affects or applies to only one county or a political subdivision within one or more counties under the procedures set out herein. If the Legislature determines that a proposed constitutional amendment affects or applies to only one county or a political subdivision within one or more counties, the amendment may be adopted as a valid part of the constitution only by a favorable vote of a majority of the qualified electors of the affected county or, if applicable, the political subdivision and the county or counties in which the political subdivision is located, who vote on the amendment as provided in subsections (b) and (c). If the Legislature fails to determine that a proposed constitutional amendment affects or applies to only one county or a political subdivision within one or more counties pursuant to the procedures set out in subsection (b), the amendment may be adopted as a valid part of the constitution only by a favorable vote of a majority of the qualified electors who vote on the amendment in a statewide referendum, as provided in subsection (d), and a majority of the qualified voters of the affected county or counties voting on the amendments, as provided in subsection (d).

(b) To determine whether a proposed amendment shall be placed on the ballot in only one county or a political subdivision within one or more counties and the affected county or counties, as provided in subsection (a), the proposed amendment shall be approved by each house of the Legislature under the following process:

(1) The proposed amendment must first be approved, if at all, by at least three-fifths of all the members elected to the house in which it originates.

(2) Immediately following approval under subdivision (1), the house shall consider a resolution of local application declaring that the proposed amendment affects or applies to only one county or a political subdivision within one or more counties specifying by proper name the county or the political subdivision and the county or counties within which the political subdivision is located.

(3) The proposed amendment shall then be sent to the other house for consideration and, if at least three-fifths of all the members elected to that house vote in favor of the proposed amendment, that house shall likewise immediately proceed to consider a resolution of local application as provided in subdivision (2).

In the event that both houses of the Legislature approve the amendment by at least a three-fifths vote of their elected members and also determine by vote without dissent that the proposed amendment affects or applies to only one county or a political subdivision within one or more counties, the proposed amendment shall be placed on the ballot only in the county or political subdivision and county or counties affected.

(c) If after having been approved by at least a three-fifths vote of the elected members of either house of the Legislature, there is at least one dissenting vote cast on the resolution in either house on the question of whether the proposed amendment affects or applies to only one county or only to a political subdivision within one or more counties, the proposed amendment shall automatically be submitted in a statewide referendum in accordance with the procedures for proposed statewide constitutional amendments under Sections 284 and 285 of the Constitution of Alabama of 1901. If the proposed amendment is submitted in a statewide referendum, it shall not become effective unless approved by a majority of the qualified voters voting on the amendment statewide and a majority of the voters of any county or political subdivision named in the resolution voting on the amendment.

(d) Notice of the election, together with the proposed amendment, shall be given by proclamation of the Governor, which proclamation shall be published once a week for four successive weeks next preceding the day appointed for the election in each newspaper qualified to run legal notices in the county or counties affected.

Section 2. An election upon the proposed amendment shall be held in accordance with Sections 284 and 285 of the Constitution of Alabama of 1901, now appearing as Sections 284 and 285 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.

Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:

“Proposing an amendment to the Constitution of Alabama of 1901, to revise the procedure for adoption of local constitutional amendments to provide that a proposed constitutional amendment the Legislature determines without a dissenting vote applies to only one county or a political subdivision within one or more counties shall be adopted as a valid part of the constitution by a favorable vote of a majority of the qualified electors of the affected county or the political subdivision and county or counties in which the political subdivision is located, who vote on the amendment.

“Proposed by Act ________.”

This description shall be followed by the following language:

“Yes ( ) No ( ).”

HB193

ENROLLED, An Act,

To propose an amendment to the Constitution of Alabama of 1901, that would permit each county commission in the state to establish certain programs relating to the administration of county affairs and with regard to certain specified county programs or activities.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. The following amendment to the Constitution of Alabama of 1901, is proposed and shall become valid as a part of the Constitution when all requirements of this act are fulfilled:

PROPOSED AMENDMENT

(a) Except where otherwise provided for or specifically prohibited by the constitution or by general or local law and subject to the limitations set forth herein, the county commission of each county in this state may exercise those powers necessary to provide for the administration of the affairs of the county through the programs, policies, and procedures described in subsection (b), subject to the limitations set forth in subsection (c).

(b) Subject to the limitations of subsections (a) and (c), each county commission in the state may establish:

(1) Programs, policies, and procedures relating to county personnel, including, but not limited to: Establishment of a county personnel system; the provision of employee benefits; allowing a deputy to be given his or her badge and pistol upon retirement; creating employee incentive programs related to matters such as attendance, performance, and safety; creating incentive programs related to the retirement of county employees; and creating employee recognition and appreciation programs.

(2) Community programs to provide for clean litter-free roadways and public facilities and public property and to protect citizens from dangerous animals running loose or otherwise creating an imminent threat to persons other than the owner thereof, provided no such programs shall relate to and subject to any limitations in general law, programs related to control of animals and animal nuisances, provided no programs shall: a. result in the destruction of an animal unless required by the public health laws of the state; or b. relate to or restrict the use of animals for hunting purposes or the use of animals being raised for sale or kept for breeding, food or fiber production purposes, or otherwise used in connection with farming, poultry and egg, dairy, livestock, and other agricultural or farming operations.

(3) Programs related to local transportation, including, but not limited to, public transportation programs and programs to encourage safety on public roads and rights-of-way.

(3) Programs related to public transportation and programs to promote and encourage safety when using public roads and rights-of-way, provided the programs do not in any way conflict with general law.

(4) Programs related to county offices, including, but not limited to, one-stop tag programs; commissaries for inmates at the county jail; disposal of unclaimed personal property in the custody of the county; management of the county highway department; automation of county activities; and establishment of unit or district systems for the maintenance of county roads and bridges. Programs involving the operation of the office of an elected county official may only be established pursuant to this subdivision with the written consent and cooperation of the elected official charged by law with the responsibility for the administration of the office.

(5) Emergency assistance programs, including, but not limited to, programs related to ambulance service and programs to improve county emergency management services.

(c) Nothing in this amendment may be construed to provide a county commission any authority to levy or assess a tax or fee or to increase the rate of any tax or fee previously established, or to establish any program that would infringe on a citizen’s rights with respect to the use of his or her private property or infringe on a right of a business entity with respect to its private property. Except as authorized in subdivision (4) of subsection (b), nothing in this amendment shall authorize the county commission to limit, alter, or otherwise impact the constitutional, statutory, or administrative duties, powers, or responsibilities of any other elected officials or to establish, increase, or decrease any compensation, term of office, or expense allowance for any elected officials of the county.

(d) Any programs, policies, or procedures proposed for adoption by the county commission pursuant to the authority granted under subsection (a) shall only be voted on at a regular meeting of the county commission. Prior to the adoption of the programs, policies, and procedures, the county commission shall provide notice of its intention to consider the matter by announcing at a regular county commission meeting that the matter will be on the agenda at the next regular meeting of the county commission and that any members of the public desiring to be heard on the matter will be granted that opportunity at the meeting where the matter will be considered. Notice of the meeting at which the matter will be considered by the county commission shall be given in compliance with the notice requirements for county commissions provided in the general law. Nothing herein shall authorize a county commission to supersede, amend, or repel an existing local law.

(e) The provisions of this amendment shall not apply to Jefferson County.

Section 2. An election upon the proposed amendment shall be held in accordance with Sections 284 and 285 of the Constitution of Alabama of 1901, now appearing as Sections 284 and 285 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.

Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:

“Proposing an amendment to the Constitution of Alabama of 1901, to authorize each county commission in the state to establish, subject to certain limitations, certain programs related to the administration of the affairs of the county.

“Proposed by Act _________.”

This description shall be followed by the following language:

“Yes ( ) No ( ).”

SB25

ENROLLED, An Act

To propose an amendment to the Constitution of Alabama of 1901, as amended, to repeal Article III and Amendment 582 of the Constitution of Alabama of 1901, and add Article III to the Constitution of Alabama of 1901, relating to the separation of powers.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. The following amendment to the Constitution of Alabama of 1901, as amended, is proposed and shall become valid as a part thereof when approved by a majority of the qualified electors voting thereon and in accordance with Sections 284, 285, and 287 of the Constitution of Alabama of 1901, as amended:

PROPOSED AMENDMENT

I. Article III of the Constitution of Alabama of 1901, and Amendment 582 of the Constitution of Alabama of 1901, are repealed.

II. Article III is added to the Constitution of Alabama of 1901, to read as follows:

Article III. SEPARATION OF POWERS.

Section 42. (a) The powers of the government of the State of Alabama are legislative, executive, and judicial.

(b) The government of the State of Alabama shall be divided into three distinct branches: legislative, executive, and judicial.

(c) To the end that the government of the State of Alabama may be a government of laws and not of individuals, and except as expressly directed or permitted in this constitution, the legislative branch may not exercise the executive or judicial power, the executive branch may not exercise the legislative or judicial power, and the judicial branch may not exercise the legislative or executive power.

Section 43. No order of a state court which requires disbursement of state funds shall be binding on the state or any state official until the order has been approved by a simple majority of both houses of the Legislature. This section shall not apply to orders, judgments, or decrees requiring payment of compensation for the taking of property by eminent domain or arising out of challenges to taxation or to such other orders, judgments, or decrees as may be otherwise required by statute, or settled principles of Alabama common law as decided by the Alabama appellate courts, not inconsistent with other provisions of this Constitution. Nothing herein shall be construed to preclude a court from making findings of fact or conclusions of law and orders relating thereto, that standards required by the United States Constitution, the Constitution of Alabama of 1901, laws of this state or of the United States, or rules or regulations promulgated pursuant thereto, are not being met, and from ordering the responsible entity or entities to comply with such standards.

Section 2. This amendment shall become operative January 1, 2017.

Section 3. An election upon the proposed amendment shall be held in accordance with Sections 284 and 285 of the Constitution of Alabama of 1901, now appearing as Sections 284 and 285 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.

Section 4. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:

“Proposing an amendment to the Constitution of Alabama of 1901, to repeal and restate the provisions of Article III of the Constitution of Alabama of 1901 relating to separation of powers to modernize the language without making any substantive change, effective January 1, 2017.

“Proposed by Act ________.”

This description shall be followed by the following language:

“Yes ( ) No ( ).”

HB336

ENROLLED, An Act,

To repeal existing Article VII of the Constitution of Alabama of 1901, relating to impeachments, and to add a new Article VII, relating to impeachments.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. The following amendment to the Constitution of Alabama of 1901, as amended, is proposed and shall become valid as a part thereof when approved by a majority of the qualified electors voting thereon and in accordance with Sections 284, 285, and 287 of the Constitution of Alabama of 1901, as amended:

PROPOSED AMENDMENT

I. Article VII of the Constitution of Alabama of 1901, is repealed.

II. Article VII is added to the Constitution of Alabama of 1901, to read as follows:

Article VII. Impeachments.

Section 173.

(a) The Governor, Lieutenant Governor, Attorney General, State Auditor, Secretary of State, State Treasurer, members of the State Board of Education, Commissioner of Agriculture and Industries, and justices of the supreme court may be removed from office for willful neglect of duty, corruption in office, incompetency, or intemperance in the use of intoxicating liquors or narcotics to such an extent, in view of the dignity of the office and importance of its duties, as unfits the officer for the discharge of such duties for any offense involving moral turpitude while in office, or committed under color thereof, or connected therewith.

(b) The House of Representatives shall present articles or charges of impeachment against those persons identified in subsection (a), specifying the cause to the Senate.

(c) The Senate, sitting as a court of impeachment, shall take testimony under oath on articles or charges preferred by the House of Representatives.

(d) The Lieutenant Governor shall preside over the Senate when sitting as a court of impeachment, provided, however, that if the Governor or Lieutenant Governor is impeached, the Chief Justice, or if the Chief Justice be absent or disqualified, then one of the associate justices of the supreme court, to be selected by the court, shall preside over the Senate when sitting as a court of impeachment. No person may be convicted by the Senate sitting as a court of impeachment without the concurrence of two-thirds of the members present.

(e) If at any time when the Legislature is not in session, a majority of all the members elected to the House of Representatives shall certify in writing to the Secretary of State their desire to meet to consider the impeachment of the Governor, Lieutenant Governor, or other officer administering the office of Governor, it shall be the duty of the Secretary of State immediately to notify the Speaker of the House who, within 10 days after receipt of the notice, shall summon the members of the House to assemble at the capitol on a day to be fixed by the Speaker, but not later than 15 days after receipt of the notice by the Speaker from the Secretary of State, to consider the impeachment of the Governor, Lieutenant Governor, or other officer administering the office of Governor.

(f) If the House of Representatives prefers articles of impeachment, the Speaker of the House shall forthwith notify the Lieutenant Governor, unless he or she is the officer impeached, in which event the President Pro Tempore of the Senate shall be notified, who shall summon the members of the Senate to assemble at the capitol on a specified day not later than 10 days after receipt of the notice from the Speaker of the House, for the purpose of hearing and trying the articles of impeachment against the Governor, Lieutenant Governor, or other officer administering the office of Governor, as may be preferred by the House of Representatives.

Section 174.

The judges of the district and circuit courts, judges of the probate courts, and judges of other courts from which an appeal may be taken directly to the supreme court, district attorneys, and sheriffs, may be removed from office for any of the causes specified in Section 173 or elsewhere in this constitution, by the supreme court, or under such regulations as may be prescribed by rule of the Supreme Court of Alabama or law. The Legislature may provide for the impeachment or removal of other officers than those named in this article.

Section 175.

A county officer and officer of an incorporated city or town may be tried for impeachment for any of the causes specified in Section 173 and upon conviction be removed from office by a court having jurisdiction to try felony cases in the county or circuit in which the officer holds his or her office. The Legislature shall provide by law the method of proceeding under this section, provided the right to trial by jury and appeal in such cases shall be secured.

Section 176.

The penalties in cases arising under this article does not extend beyond removal from office, and disqualifications from holding office, under the authority of this state, for the term for which the officer was elected or appointed; but the accused shall be liable to indictment and punishment as prescribed by law.

III. This amendment shall become operative on January 1, 2017.

Section 2. An election upon the proposed amendment shall be held in accordance with Sections 284 and 285 of the Constitution of Alabama of 1901, now appearing as Sections 284 and 285 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.

Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:

“Proposing an amendment to the Constitution of Alabama of 1901, to become operative January 1, 2017, to repeal and replace Article VII, Impeachments.

“Proposed by Act ________.”

This description shall be followed by the following language:

“Yes ( ) No ( ).”

HB459

ENROLLED, An Act,

To propose an amendment to the Constitution of Alabama of 1901, to provide that the employees of the Office of Sheriff of Etowah County, except for the chief deputy, chief of detention, chief of administration, chief of investigation, director of communications, and food service manager, shall be under the authority of the Personnel Board of the Office of the Sheriff of Etowah County.

Section 1.  The following amendment to the Constitution of Alabama 1901, is proposed and shall become valid as a part of the Constitution when all requirements of this act are fulfilled:

PROPOSED AMENDMENT

No later than the first day of the sixth month after ratification of this amendment, employees of the Office of the Sheriff of Etowah County, except for the chief deputy, chief of detention, chief of administration, chief of investigation, director of communications, and food service manager, shall be under the authority of the personnel board of the office of the sheriff.  The provisions of this amendment shall not affect the liability of the employees of the Office of the Sheriff of Etowah County.

Section 2.  An election upon the proposed amendment shall be held in accordance with Amendment 555 to the Constitution of Alabama of 1901, and the election laws of this state.

Section 3.  The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:

“Relating to Etowah County, proposing an amendment to the Constitution of Alabama of 1901, to provide that the employees of the Office of Sheriff of Etowah County, except for the chief deputy, chief of detention, chief of administration, chief of investigation, director of communications, and food service manager, shall be under the authority of the of the Personnel Board of the Office of the Sheriff of Etowah County.”

“Proposed by Act ________.”

This description shall be followed by the following language:

“Yes ( )  No (  ).”

HB37

ENROLLED, An Act,

Proposing an amendment to the Constitution of Alabama of 1901, as amended; to declare that it is the public policy of Alabama that the right of persons to work may not be denied or abridged on account of membership or nonmembership in a labor union or labor organization; to prohibit an agreement to deny the right to work, or condition of prospective employment, on account of membership or nonmembership in a labor union or labor organization; to prohibit an employer from requiring its employee to abstain from union membership as a condition of employment; and to provide that an employer may not require a person, as a condition of employment or continuation of employment, to pay dues, fees, or other charges of any kind to any labor union or labor organization.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. The following amendment to the Constitution of Alabama of 1901, as amended, is proposed and shall become valid as a part thereof when approved by a majority of the qualified electors voting thereon and in accordance with Sections 284, 285, and 287 of the Constitution of Alabama of 1901, as amended:

PROPOSED AMENDMENT

(a) It is hereby declared to be the public policy of Alabama that the right of persons to work may not be denied or abridged on account of membership or nonmembership in a labor union or labor organization.

(b) An agreement or combination between an employer and labor union or labor organization which provides that a person who is not a member of the union or organization shall be denied the right to work for the employer, or where membership in the union or organization is made a condition of employment or continuation of employment by the employer, or where the union or organization acquires an employment monopoly in any enterprise, is hereby declared to be against public policy and an illegal combination or conspiracy.

(c) No person shall be required by an employer to become or remain a member of any labor union or labor organization as a condition of employment or continuation of employment.

(d) A person may not be required by an employer to abstain or refrain from membership in any labor union or labor organization as a condition of employment or continuation of his or her employment.

(e) An employer may not require a person, as a condition of employment or continuation of employment, to pay dues, fees, or other charges of any kind to any labor union or labor organization.

(f) This amendment shall not apply to any lawful contract in force on or prior to the date of the ratification of this amendment but it shall apply in all respects to contracts entered into after the date of the ratification of this amendment, and to any renewal or extension of an existing contract.

Section 2. An election upon the proposed amendment shall be held in accordance with Sections 284 and 285 of the Constitution of Alabama of 1901, now appearing as Sections 284 and 285 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.

Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:

“Proposing an amendment to the Constitution of Alabama of 1901, to declare that it is the public policy of Alabama that the right of persons to work may not be denied or abridged on account of membership or nonmembership in a labor union or labor organization; to prohibit an agreement to deny the right to work, or place conditions on prospective employment, on account of membership or nonmembership in a labor union or labor organization; to prohibit an employer from requiring its employees to abstain from union membership as a condition of employment; and to provide that an employer may not require a person, as a condition of employment or continuation of employment, to pay dues, fees, or other charges of any kind to any labor union or labor organization.

“Proposed by Act ________.”

This description shall be followed by the following language:

“Yes ( ) No ( ).”

SB225

ENROLLED, An Act,

To propose a local constitutional amendment to the Constitution of Alabama of 1901; to provide that a person who is not over the age of 75 at the time of qualifying for election or at the time of his appointment may be elected or appointed to the office of Judge of Probate of Pickens County.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. The following amendment to the Constitution of Alabama of 1901, is proposed and shall become valid as a part of the Constitution when all requirements of this act are fulfilled:

PROPOSED AMENDMENT

Notwithstanding the provision of Section 6.16, as added by Amendment 328 to the Constitution of Alabama of 1901, now appearing as Section 155 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, a person who is not over the age of 75 at the beginning time of qualifying for election or at the time of his or her appointment may be elected or appointed to the office of Judge of Probate of Pickens County.

Section 2. An election upon the proposed amendment shall be held in accordance with Amendment 555 to the Constitution of Alabama of 1901, now appearing as Section 284.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.

Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:

“Relating to Pickens County, proposing an amendment to the Constitution of Alabama of 1901, to provide that a person who is not over the age of 75 at the time of qualifying for election or at the time of his or her appointment may be elected or appointed to the office of Judge of Probate of Pickens County.

“Proposed by Act _________”

This description shall be followed by the following language:

“Yes ( ) No ( ).”

HB339

ENROLLED, An Act,

To propose an amendment to Constitution of Alabama of 1901, to provide that any territory located in the county would be subject only to the police jurisdiction and planning jurisdiction of a municipality located wholly or partially in the county.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. The following amendment to the Constitution of Alabama of 1901, is proposed and shall become valid as a part of the Constitution when all requirements of this act are fulfilled:

PROPOSED AMENDMENT

(a) This amendment shall apply only in Calhoun County.

(b) Any territory located in Calhoun County shall be subject only to the police jurisdiction and planning jurisdiction of a municipality located wholly or partially in Calhoun County.

Section 2. An election upon the proposed amendment shall be held in accordance with Amendment 555 to the Constitution of Alabama of 1901, now appearing as Section 284.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.

Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:

“Relating to Calhoun County, proposing an amendment to the Constitution of Alabama of 1901, to provide that any territory located in the county would be subject only to the police jurisdiction and planning jurisdiction of a municipality located wholly or partially in the county.

“Proposed by Act _________”

This description shall be followed by the following language:

“Yes ( ) No ( ).”

HB311

ENROLLED, An Act,

Proposing an amendment to the Constitution of Alabama of 1901, as amended, to give any municipality or county, or governing body thereof, that has established a tax increment district within a Major 21st Century Manufacturing Zone the sole discretion to determine the amount and type of consideration to be received by such municipality or county for the redevelopment, rehabilitation, or conservation of property disposed of to or for the benefit of private interest with funds collected from such tax increment district and without regard to Sections 93 and 94 of the Constitution of Alabama of 1901, as amended, and to validate and confirm the Major 21st Century Manufacturing Zone Act.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. The following amendment to the Constitution of Alabama of 1901, as amended, is proposed and shall become valid as a part thereof when approved by a majority of the qualified electors of the State voting thereon at an election held in accordance with Sections 284, 285 and 287 of the Constitution of Alabama of 1901, as amended:

PROPOSED AMENDMENT

Notwithstanding any other provision of the Constitution, public moneys, including ad valorem tax revenues, collected within a tax increment district located within a Major 21st Century Manufacturing Zone as defined by law, and proceeds of obligations issued by the municipality or county establishing the district for the purposes of redevelopment or revitalization of property located therein, may be expended for the acquisition of the property and the redevelopment, rehabilitation, or conservation thereof, and the moneys, property, and proceeds may be disposed of, whether to or for the benefit of private interests or otherwise, for such consideration as shall be determined in the discretion of the governing body of the county or municipality, as the case may be, that established the district and without regard to Sections 93 and 94 of this Constitution. Any obligations of a municipality or county issued for the purposes set forth above shall not be chargeable against the constitutional debt limit of the municipality or county. The exercise of any powers granted in the Major 21st Century Manufacturing Zone Act, Act 2013-51, by any municipality or county, or the governing body thereof, shall not be subject to those limitations or restrictions that would otherwise have been applicable under Section 93 or Section 94 of this Constitution. The Major 21st Century Manufacturing Zone Act, Act 2013-51, is hereby validated and confirmed.

Section 2. An election upon the proposed amendment shall be held in accordance with Sections 284 and 285 of the of the Constitution of Alabama of 1901, as amended, and the election laws of this state.

Section 3. Notice of the election on the proposed amendment shall be given by proclamation of the Governor published in every county in the state for four successive weeks next preceding the date appointed for the election, such publication to be made once a week for four consecutive weeks next preceding the day so appointed, in a newspaper published in each such county; provided, that in any county in which there may be no newspaper published, the proclamation shall be published by posting, for a period of not less than four consecutive weeks next preceding the day so appointed, a copy of the said proclamation at each courthouse in the said county. A newspaper shall be deemed to be published in a county, within the meaning of this section, if its principal editorial office is located in that county.

Section 4. The appropriate election official shall assign a ballot number for the proposed constitutional amendment and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:

“Proposing an amendment to the Constitution of Alabama of 1901, as amended, to give the governing body of a municipality or county that has established a tax increment district within a Major 21st Century Manufacturing Zone the sole discretion to determine the amount and type of consideration to be received by the municipality or county for the redevelopment, rehabilitation, or conservation of property disposed of to or for the benefit of private interest with funds collected from such tax increment district and without regard to Sections 93 and 94 of the Constitution of Alabama of 1901, and to ratify, affirm, and validate the Major 21st Century Manufacturing Zone Act.

“Proposed by Act _________.”

This description shall be followed by the following language:

“Yes ( ) No ( ).”

“Proposing an amendment to the Constitution of Alabama of 1901, as amended, to permit cities and counties, notwithstanding any existing constitutional restrictions, to utilize tax increment district revenues collected within a Major 21st Century Manufacturing Zone and other moneys to incentivize the establishment and improve various types of manufacturing facilities located or to be located in such Zone, and to validate and confirm the Major 21st Century Manufacturing Zone Act, Act No. 2013-51.

Proposed by Act __________.

.

This description shall be followed by the following language:

Yes ( ) No ( ).”

HB510

ENROLLED, An Act

To propose a local constitutional amendment to the Constitution of Alabama of 1901, relating to municipalities in Baldwin County; to authorize the Legislature by general or local law to provide for the incorporation of a toll road and bridge authority as a public corporation in any municipality in the county for the construction and operation of toll roads and bridges in the municipality and to authorize the authority to issue revenue bonds to finance the projects.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. The following amendment to the Constitution of Alabama of 1901, is proposed and shall become valid as a part of the Constitution when all requirements of this act are fulfilled:

PROPOSED AMENDMENT

In Baldwin County, the Legislature may provide by general or local law for any municipality in the county to incorporate a toll road and bridge authority for the construction and operation of toll roads and bridges within the municipality. The authority may issue revenue bonds to finance any projects which bonds shall not constitute a debt or liability of the municipality. The general or local law shall provide for the membership of the authority, the powers and duties of the authority, and any other provisions necessary to effectuate the purpose of this amendment, including providing by local law for criminal penalties for the failure to pay tolls. Notwithstanding the foregoing, Baldwin County, including any entity created by the county; any municipality in Baldwin County; and the State of Alabama, including the State Department of Transportation, may participate in the purposes of the authority and may provide funding to aid in the purposes of the authority.

Section 2. An election upon the proposed amendment shall be held in accordance with Amendment 555 to the Constitution of Alabama of 1901, now appearing as Section 284.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.

Section 3.  The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:

“Relating to municipalities in Baldwin County; proposing an amendment to the Constitution of Alabama of 1901, to authorize the Legislature by general or local law to provide for any municipalities in the county to incorporate a toll road and bridge authority as a public corporation in the municipality for the construction and operation of toll roads and bridges in the municipality and to authorize the authority to issue revenue bonds to finance the projects.

“Proposed by Act _________”

This description shall be followed by the following language:

“Yes ( ) No ( ).”

HB31

ENROLLED, An Act,

To propose an amendment to the Constitution of Alabama of 1901, as amended, to repeal any existing age restriction on the appointment, election, or service of an appointed or elected official, with the exception of persons elected or appointed to a judicial office, currently imposed by a provision of the Constitution or other law; and to prohibit the Legislature from enacting any law imposing a maximum age limitation on the appointment, election, or service of an appointed or elected official.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. The following amendment to the Constitution of Alabama of 1901, as amended, is proposed and shall become valid as a part thereof when approved by a majority of the qualified electors voting thereon and in accordance with Sections 284, 285, and 287 of the Constitution of Alabama of 1901, as amended:

PROPOSED AMENDMENT

1. Any provision of the constitution or other law that imposes a maximum age restriction for the appointment, election, or service of an appointed or elected official, with the exception of persons elected or appointed to a judicial office pursuant to Section 155, is repealed.

2. The Legislature may not enact any law imposing a maximum age restriction for the appointment, election, or service of any appointed or elected official.

Section 2. An election upon the proposed amendment shall be held in accordance with Sections 284 and 285 of the Constitution of Alabama of 1901, now appearing as Sections 284 and 285 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.

Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:

“Proposing an amendment to the Constitution of Alabama of 1901, to repeal any existing age restriction on the appointment, election, or service of an appointed or elected official, with the exception of persons elected or appointed to a judicial office, and to prohibit the Legislature from enacting any law imposing a maximum age limitation on the appointment, election, or service of any appointed or elected official.

“Proposed by Act ________.”

This description shall be followed by the following language:

“Yes ( ) No ( ).”

SB7

ENROLLED, An Act,

To propose an amendment to Amendment 448 to the Constitution of Alabama of 1901, now appearing as Section 71.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, to ratify, approve, validate, and confirm the application of any budget isolation resolution authorizing the consideration of a bill proposing a local law adopted by the Legislature before November 8, 2016, that conformed to the rules of either body of the Legislature at the time it was adopted.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. The following amendment to the Constitution of Alabama of 1901, as amended, is proposed and shall become valid as a part thereof when approved by a majority of the qualified electors voting thereon at the 2016 General Election and in accordance with Sections 284, 285, and 287 of the Constitution of Alabama of 1901, as amended:

PROPOSED AMENDMENT

Amendment 448 of the Constitution of Alabama of 1901, is amended to read as follows:

“Amendment 448.

“(A) The following words and phrases, whenever used in this amendment, shall have the following respective meanings:

“”Basic Appropriations” means, with respect to any regular session of the legislature, such appropriations as the legislature may deem appropriate for the expenditures by the state during the ensuing budget period for the ordinary expenses of the executive, legislative and judicial departments of the state, for payment of the public debt, and for education (excluding, however, any item within the scope of the foregoing that is at the time provided for by a continuing appropriation or otherwise).

“”Budget Period” means a fiscal year of the state or such period other than [a] fiscal year as may hereafter be fixed by law as the period with respect to which state budgets are prepared and state appropriations are made.

“(B) On or before the second legislative day of each regular session of the legislature, beginning with the first regular session after January 1, 1983, the governor shall transmit to the legislature for its consideration a proposed budget for the then next ensuing budget period.

“(C) The duty of the legislature at any regular session to make the basic appropriations for any budget period that will commence before the first day of any succeeding regular session shall be paramount; and, accordingly, beginning with the first regular session held after January 1, 1983, no bill (other than a bill making any of the basic appropriations) shall be signed by either the presiding officer of the house or senate and transmitted to the other house until bills making the basic appropriations for the then ensuing budget period shall have been signed by the presiding officer of each house of the legislature in accordance with Section 66 of this Constitution and presented to the governor in accordance with Section 125 of this Constitution; provided, that this paragraph (C) shall not affect the adoption of resolutions or the conduct of any other legislative functions that do not require a third reading; and provided further, that following adoption, by vote of either house of not less than three-fifths of a quorum present, of a resolution declaring that the provisions of this paragraph (C) shall not be applicable in that house to a particular bill, which shall be specified in said resolution by number and title, the bill so specified may proceed to final passage therein.

“(D) Upon the signing and presentation to the governor in accordance with the said Sections 66 and 125 of bills making the basic appropriations, the provisions of the foregoing paragraph (C) prohibiting the final passage of bills in the house and senate (other than bills making any part of the basic appropriations) shall cease to be effective and shall not be revived or become again effective as a result of (i) the subsequent legislative history of any bill so signed and presented, including any veto, return with executive amendment, or any other action, or failure to act, by either the governor or the legislature under the provisions of the said Section 125; or (ii) a determination, by either judicial decree or opinion of the justices of the Alabama Supreme Court, that any bill so signed and presented is wholly or in part invalid.

“(E) The legislature may, by statute or rule, make such further provisions for the timely passage of bills making the basic appropriations as are not inconsistent with the provisions of this Constitution.

“(F) Nothing contained herein shall be construed as requiring the legislature to make any appropriation not otherwise required by this Constitution to be made.

(G) Notwithstanding any provision of this amendment, any resolution authorizing the consideration of a bill proposing a local law adopted before November 8, 2016, that conformed to the rules of either body of the Legislature at the time it was adopted, is ratified, approved, validated, and confirmed and the application of any such resolution is effective from the date of original adoption.

Section 2. An election upon the proposed amendment shall be held in accordance with Sections 284 and 285 of the Constitution of Alabama of 1901, now appearing as Sections 284 and 285 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.

Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:

“Proposing an amendment to the Constitution of Alabama of 1901, to amend Amendment 448 to the Constitution of Alabama of 1901, now appearing as Section 71.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, to ratify, approve, validate, and confirm the application of any budget isolation resolution relating to a bill proposing a local law adopted by the Legislature before November 8, 2016, that conformed to the rules of either body of the Legislature at the time it was adopted.

“Proposed by Act ________.”

This description shall be followed by the following language:

“Yes ( ) No ( ).”