MORTGAGE FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Robert J. Laird, Jr., an unmarried man, originally in favor of Kondaur Capital Corporation, a Delaware Corporation, on the 12th day of September, 2014, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3407333; the undersigned Kondaur Capital Corporation, 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 April 18, 2017, 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:
Lots 68, 70, 72, 74, 76 and the South 91 feet of Lots 67, 69, 71, 73, and 75 in Block 2 of Mary Martin Lay’s Subdivision, according to the map or plat thereof recorded in Plat Book D, Page 101, Probate Office, Etowah County, Alabama.
Property street address for informational purposes: 415 Paxton Avenue, Glencoe, AL 35905
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.
Kondaur Capital Corporation, Mortgagee/Transferee
Andy Saag
SIROTE & PERMUTT, P.C.
P. O. Box 55727
Birmingham, AL 35255-5727
Attorney for Mortgagee/Transferee
www.sirote.com/foreclosures
405036
Feb 10, 17 & 24, 2017
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MORTGAGE FORECLOSURE SALE
STATE OF ALABAMA
COUNTY OF ETOWAH
Default having been made in payment of the indebtedness secured by that certain mortgage given by Jane Ellen Stewart, an unmarried woman, to Jean Loflin, dated June 20, 2014, recorded as Instrument Number: 3403473, Probate Office, 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 will sell, at public outcry, to the highest bidder for cash, in front of the front door of the Etowah County Courthouse, in Gadsden, Alabama, between the legal hours of sale on March 10, 2017, the following described real property situated in Etowah County, Alabama:
Lots Numbers Twenty-Nine (29), Thirty (30), Thirty-One (31), Thirty-Two (32), and Thirty-Three (33) in Block D in Druid Park, according to the map or plat thereof recorded in Plat Book F, Page 343, Probate Office, Etowah County, Alabama, and lying and being in Rainbow City, Etowah County, Alabama; save and except those portions described in Book 1049, Page 67, said Probate Office.
This sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. Proceeds thereof will be applied as provided by the terms of said mortgage. 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 subject to all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding 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 and rights-of-way; the statutory right of redemption pursuant to Alabama law; and any other matters of record superior to said Mortgage.
Dated: February 8, 2017
JEAN LOFLIN
BY:GEORGE C. DAY, JR.
Attorney for Mortgage Holder
Day & Welch, P.C.
1925 Rainbow Drive
Gadsden, Alabama 35901
(256) 543-1660
Feb 10, 17 & 24, 2017
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MORTGAGE FORECLOSURE SALE
STATE OF ALABAMA
COUNTY OF ETOWAH
Default having been made in payment of the indebtedness secured by that certain mortgage given by David B. Miller and wife, Amy P. Miller, to Carolyn Long, dated February 20, 2013, recorded as Instrument Number: 3381409, Probate Office, 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 will sell, at public outcry, to the highest bidder for cash, in front of the front door of the Etowah County Courthouse, in Gadsden, Alabama, between the legal hours of sale on March 10, 2017, the following described real property situated in Etowah County, Alabama:
The Northwest twenty-five (25) feet of Lot Six (6), Block Twelve (12) of the original survey of Attalla, according to the map or plat thereof as recorded in Plat Book “A”, Pages 226 and 227, Probate Office, Etowah County, Alabama.
This sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. Proceeds thereof will be applied as provided by the terms of said mortgage. 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 subject to all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding 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 and rights-of-way; the statutory right of redemption pursuant to Alabama law; and any other matters of record superior to said Mortgage.
Dated: February 8, 2017
CAROLYN LONG
BY:GEORGE C. DAY, JR.
Attorney for Mortgage Holder
Day & Welch, P.C.
1925 Rainbow Drive
Gadsden, Alabama 35901
(256) 543-1660
Feb 10, 17 & 24, 2017
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MORTGAGE FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Charles E. Cooper and Mary Cooper, husband and wife, originally in favor of Mortgage Electronic Registration Systems, Inc., as nominee for MortgageAmerica, Inc., on the 31st day of March, 2011, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3348305 and modified by Loan Modification Agreement recorded in Instrument Number 3405807; the undersigned Wells Fargo Bank, N.A., 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 April 18, 2017, 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 7 of Seven Oaks Subdivision, Phase II, according to the Map or Plat thereof of record in Plat Book K, Page 40, Probate Office, Etowah County, Alabama.
Property street address for informational purposes: 115 Turnberry, Rainbow City, AL 35906
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, N.A., Mortgagee/Transferee
Ginny Rutledge
SIROTE & PERMUTT, P.C.
P. O. Box 55727
Birmingham, AL 35255-5727
Attorney for Mortgagee/Transferee
www.sirote.com/foreclosures
282960
Feb 10, 17 & 24, 2017
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MORTGAGE FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain real estate mortgage executed by Julie Dawn Roe to James D. Murray, dated October 10, 2014, and recorded in Instrument #3408628, 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 3rd day of March, 2017, the following described real estate situated in Etowah County, Alabama:
Lot Thirteen (13) in Riverview Addition, as recorded in Plat Book “B”, Page 381 in the Probate Office of 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. The property will be sold on an “as is, where is” basis, subject to any easements, encumbrances, and exceptions reflected in the records of the Probate Court. The property will be sold without warrant, or recourse, express or implied as to title, use and/or enjoyment, and will be sold subject to the right of redemption of all parties entitled thereto. The mortgagee reserves the right to bid for and purchase the property and to credit its purchase price against the expenses of sale and the indebtedness secured by the property.
Alabama law gives some persons who have an interest in the 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.
By: David C. Livingston
Attorney for Mortgagee
P.O. Box 1621
Gadsden, AL 35902
(256) 546-9300
Feb 10, 17 & 24, 2017
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MORTGAGE FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that mortgage dated July 20, 2016, in favor of Vantage Bank of Alabama, a corporation, and executed by Brandon L. Smith, a single man, which mortgage is recorded July 26, 2016, as Instrument Number 3437449, in the probate records of Etowah County, Alabama, the mortgagee has elected to declare the entire indebtedness secured by said mortgage to be due and payable as provided in said mortgage, and notice is hereby given that pursuant to the law and power of sale contained in said mortgage, the undersigned will sell at public outcry to the highest bidder for cash at the front doors of the Etowah County Courthouse at Gadsden, Alabama, at the legal hours of sale, on March 3, 2017, the following described real estate situated in Etowah County, Alabama, to-wit:
A tract or parcel of land located in the NE ¼ of the SE ¼ of Section 7, Township 10 South, Range 5 East, Huntsville Meridian, Etowah County, Alabama, and more particularly described as follows: Commence at the record location of the NE corner of said NE ¼ of the SE ¼; thence South 5.0 feet; thence S 89 deg. 01’ W 342.0 feet to a 1” pipe; thence S 89 deg. 01’ W 102.93 feet to an iron set at the South right of way of Coosa Road, the true point of beginning; thence S 22 deg. 52’ 25” E 115.03 feet to an iron set; thence S 72 deg. 25’ 52” W 113.68 feet to an iron set; thence N 22 deg. 52’ 25” W 150.00 feet, passing through an iron found at 33.74 feet to a ½” steel rod at the South right of way of said Coosa Road; thence N 89 deg. 01’ E 121.99 feet along said right of way to be the true point of beginning. (w2j36704etowah)
Said sale is being made for the purpose of applying the proceeds to the debt secured by the mortgage and the expenses of foreclosure. The auctioneer will give to the purchaser an Auctioneer’s deed subject to ad valorem taxes due October 1, 2017, subject to any and all statutory rights of redemption, previous mortgages, if any, all easements, encroachments, unrecorded leases, if any, any rights of way for road, or otherwise, utilities, title to all minerals and all restrictions and covenants of record.
JONES MILWEE & CAMERON, LLC
ATTORNEY AND AUCTIONEER
P. O. BOX 940
GUNTERSVILLE, AL 35976
Feb 10, 17 & 24, 2017
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MORTGAGE FORECLOSURE SALE
Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Stephen Rand Hilleke, a married man, to Family Savings Federal Credit Union on the February 23, 2004, said mortgage being recorded at Doc. #: M-2004-0705, 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 March 13, 2017, the following described real estate situated in Etowah County, Alabama, to-wit:
Lot Number One (1) in Block Number Four (4) in Brookline Subdivision, according to the map or plat thereof recorded in Plat Book D, page 141, 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.
Family Savings Credit Union (fka Family Savings Federal 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
Feb 17, 24 & March 3, 2017
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MORTGAGE FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain Mortgage executed by Justin Childers and Billie Childers, husband and wife, to Mortgage Electronic Registration Systems, Inc. (“MERS”), (solely as nominee for Lender, Peoples Independent Bank, and Lender’s successors and assigns), dated the 24th day of August, 2007, which Mortgage was recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3278059; said Mortgage having been transferred and assigned by Mortgage Electronic Registration Systems, Inc. (“MERS”), (solely as nominee for Lender, Peoples Independent Bank, and Lender’s successors and assigns) to Alabama Housing Finance Authority by virtue of that certain Assignment of Mortgage dated March 5, 2015 and recorded in said Probate Office in Instrument Number 3414845. The undersigned Alabama Housing Finance Authority as Assignee of said Mortgage will, under and by virtue of the power of sale contained in said Mortgage, sell at auction to the highest bidder for cash before the main entrance of the Etowah County Courthouse in the City of Gadsden, Alabama, during the legal hours of sale on March 21, 2017, the real property described in said Mortgage, which said description is hereby referred to and made a part hereof, said property being situated in Etowah County, Alabama, to-wit:
All that part of the SE 1/4 of the NW 1/4 of Section 16, Township 10 South, Range 5 East of the Huntsville Meridian, more particularly described as follows: Commencing at an axle found at the Southeast corner of the SE 1/4 of the NW 1/4 of said section; thence N 89º 57’ 01” W a distance of 332.84 feet to a 5/8” rebar iron found; thence N 01º 37’ 00” W a distance of 459.93 feet to an iron pin set at the point of beginning. From said point of beginning, continue N 01º 37’ 00” W a distance of 273.62 feet to a railroad spike found on the centerline of Bryant road; thence along said centerline, the following chord bearings and distances: S 76º 04’ 20” E a distance of 77.61 feet; S 67º 09’ 53” E a distance of 79.71 feet; thence S 58º 21’ 19” E a distance of 79.07 feet to a railroad spike set on the centerline of said Bryant Road; thence leaving said centerline, S 31º 15’ 01” W a distance of 179.37 feet to an iron pin set; thence S 13º 36’ 05” W a distance of 30.00 feet to an iron pin set; thence N 89º 57’ 01” W a distance of 108.28 feet to the point of beginning, containing 0.92 acres, more or less, less and except any easements or rights-of-way, and being a portion of SE 1/4 of the NW 1/4 of Section 16, Township 10 South, Range 5 East of the Huntsville Meridian, Etowah County, Alabama. According to the survey prepared by Joe B. Davis, PLS/Al. Reg. No. 19744, dated January 2, 2007.
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 realizing the mortgage debt, together with all expenses of the sale, including a reasonable attorney’s fee.
SASSER, SEFTON & BROWN, P.C.
Bowdy J. Brown, Esq.
445 Dexter Avenue, Suite 8050
Montgomery, Alabama 36104
Our File No.: 49696-1682
ATTORNEYS FOR ASSIGNEE
ALABAMA HOUSING FINANCE AUTHORITY
ASSIGNEE
Feb 17, 24 & March 3, 2017
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MORTGAGE FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed on August 22, 2011 by Cynthia M. Gazaway, a married woman, originally in favor of Mortgage Electronic Registration Systems, Inc. as nominee for MortgageAmerica, Inc., and recorded in Instrument Number 3354185 on August 24, 2011, in the Office of the Judge of Probate of Etowah County, Alabama, and secured indebtedness having been transferred or assigned to JPMorgan Chase Bank, National Association as reflected by instrument recorded in Instrument Number 3358097 and Instrument Number 3445000 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 March 23, 2017, 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:
Beginning at a point where the Southerly line of the Gadsden-Piedmont Highway intersects the East line of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) and from thence run in a Westerly direction and along the Southerly line of said highway a distance of 225 feet; thence Southerly and parallel with the East line of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) a distance of 210 feet; thence Easterly and parallel with the Southerly line of said highway a distance of 225 feet to a point in the East line of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4); thence Northerly and along said East line a distance of 210 feet to the point of beginning and embracing a portion of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of Section Fifteen (15), Township Twelve (12) South, Range Seven (7) East of Huntsville Meridian, Etowah County, Alabama.
For informational purposes only, the property address is: 4981 Old Hwy 278 East, Hokes Bluff, AL 35903.
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.
JPMorgan Chase Bank, National Association, and its successors and assigns
Mortgagee or Transferee
SHAPIRO AND INGLE, LLP
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
704-333-8107/ 17-012313
Attorneys for Mortgagee or Transferee
Feb 24, March 3 & 10, 2017
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MORTGAGE FORECLOSURE SALE
Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Cathy Holley Crook and husband, Rafael A. Crook, to Family Savings Federal Credit Union on the October 20, 2003, said mortgage being recorded at Doc.#: M-2003-5532, 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 March 21, 2017, the following described real estate situated in Etowah County, Alabama, to-wit:
PARCEL ONE: Lots Numbers One (1) and Two (2) in Block Number Three (3) in Noccalula Park Rearrangement, according to the map or plat thereof recorded in Plat Book F, pages 103-105, Probate Office, lying and being in Gadsden, Etowah County, Alabama.
PARCEL TWO: Lot Number Thirteen (13) in Block Number Three (3) of the rearrangement of Noccalula Park according to the map or plat thereof as recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Plat Book F, pages 103-105, lying and being in Gadsden, Etowah County, Alabama, excepting the following described portion of Lot Number Thirteen (13), Block Number Three (3), which was conveyed to Allen E. Clayton, May 30, 1961. A westerly portion of Lot Number Thirteen (13) in Block Number Three (3), of the rearrangement of Noccalula Park according to the map or plat thereof as recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Plat Book F, pages 103-105, lying and being in Gadsden, Etowah County, Alabama, described as follows:
Begin at the Southwest corner of Lot Number Thirteen (13) in Block Number Three (3) of Noccalula Park Rearrangement and run in an Easterly direction and along the North line of Lovely Place for a distance of 2 feet to a point; thence in a Northeasterly direction for a distance of 148 feet to the southwest corner of Lot Number Two (2) in Block Three (3); thence in a Westerly direction and along the North line of Lot Number Thirteen (13) for a distance of 14.2 feet to the Northwest corner thereof; thence in a Southerly direction along the Westerly line of Lot Number Thirteen (13) for a distance of 147.5 feet to the point of beginning.
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.
Family Savings Credit Union (fka Family Savings Federal 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
Feb 24, March 3 & 10, 2017
______________
MORTGAGE FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by mortgage executed by Sandra L. Smiley, a single woman, to Joseph E. Gamberi, Jr., dated August 25, 2015, and filed for record in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3422638; the undersigned mortgage owner, Joseph E. Gamberi, Jr., has 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 28th day of March, 2017, 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:
Lot Number 23, in Block Number 4 in Elliott Park First Addition to Alabama City, according to the map or plat thereof recorded in Plat Book B, Page 118-199, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama.
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.
The proceeds of said sale will be used, expended and applied in accordance with the terms of said mortgage.
Joseph E. Gamberi, Jr.
Mortgage Owner
COPELAND LAW, LLP
Attorneys for owner
Feb 24, March 3 & 10, 2017
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NOTICE TO FILE CLAIMS
VICKIE S. BOWERS appointed Personal Representative (s) on January 27, 2017 Estate of EDSEL SWICEGOOD, 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
Feb 10, 17 & 24, 2017
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NOTICE TO FILE CLAIMS
RONNIE MCCLURE appointed Personal Representative (s) on January 25, 2017 Estate of JAMES C. BIGHAM 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
Feb 10, 17 & 24, 2017
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NOTICE TO FILE CLAIMS
TAMMY RICHARDSON appointed Personal Representative (s) on January 27, 2017 Estate of PHILLIP RICHARDSON 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
Feb 10, 17 & 24, 2017
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NOTICE TO FILE CLAIMS
MARCIE MCCORKLE LOMBARD appointed Personal Representative (s) on January 8, 2017 Estate of HARRY WARNER LOMBARD 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
Feb 10, 17 & 24, 2017
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NOTICE TO FILE CLAIMS
OSCAR MORRIS appointed Personal Representative (s) on January 24, 2017 Estate of BERDIA MAE 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
Feb 17, 24 & March 3, 2017
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NOTICE TO FILE CLAIMS
R. ELAINE GARMON appointed Personal Representative (s) on February 7, 2017 Estate of PATRICK E. GARMON, 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
Feb 17, 24 & March 3, 2017
______________
NOTICE TO FILE CLAIMS
LINDA GAIL BAGWELL SPRINGFIELD appointed Personal Representative (s) on January 27, 2017 Estate of WAYLON KENNETH BAGWELL, 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
Feb 17, 24 & March 3, 2017
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NOTICE TO FILE CLAIMS
NICOLE JANETTE DEATON appointed Personal Representative (s) on January 25, 2017 Estate of RONALD C. ECK, 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
Feb 17, 24 & March 3, 2017
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NOTICE TO FILE CLAIMS
JERRY RONALD LEAGUE appointed Personal Representative (s) on February 2, 2017 Estate of MARTHA LANE WAGNON, 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
Feb 24, March 3 & 10, 2017
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NOTICE TO FILE CLAIMS
KATHERINE E. DOWNEY appointed Personal Representative (s) on February 13, 2017 Estate of HENRY EDWARD DOWNEY, 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
Feb 24, March 3 & 10, 2017
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NOTICE TO FILE CLAIMS
TERESA ANN CUNNINGHAM appointed Personal Representative (s) on January 26, 2017 Estate of LEON A. CUNNINGHAM, 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
Feb 24, March 3 & 10, 2017
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RESOLUTION NO. R-30-17
Ordering Abatement of Nuisance
Whereas, the Building Official has determined that a structure located at
503 NUCKOLLS STREET in District 2 in the City of Gadsden, more particularly described as:
PARCEL I: A tract of land described as beginning where the Southwest line of Lot 3 in Block 2 of the Second Survey of Nowlin Addition intersects the Southeasterly line of Railroad Avenue, as shown by Book of Town Plats B, Pages 20 and 21, Probate Office, and from thence run in a Southeasterly direction along the Southwest line of said Lot 3 a distance 236.7 feet to the Northwest side of the alley running through said block; thence Northeasterly along the NW side of said alley a distance of 50 feet; thence in a Northwesterly direction and parallel with the SW side of said Lot to a point in the Southeasterly side of said Railroad Avenue; thence Southwesterly and along the Southeasterly side of said Railroad Avenue to the point of beginning, said description embracing what is known as the SW 50 feet of Lot No. 3, in Block No. 2, according to the Second Survey of Nowlin Addition to East Gadsden, as shown by map thereof recorded in Book of Town Plats B, Pages 20 and 21, Probate Office, Etowah County, Alabama, and being and lying in Gadsden, Etowah County, Alabama.
PARCEL II: A tract or parcel of land described as beginning at a point in the Southwest line of Nuckolls Street which is 160 feet Northwesterly, measured along said street line, from the intersection thereof with the Northwest line of Mitchell Avenue, and from thence run in a Southwesterly direction and parallel with the Northwest line of Mitchell Avenue a distance of 80 feet to a point; thence in a Northwesterly direction and parallel with the Southwest line of said Nuckolls Street a distance of 10 feet to a point in the Southeast line of Lot Number 4 thence in a Southwesterly direction along the Southeast line of Lot Number 4 and 3; and at all times parallel with the Northwest line of said Mitchell Avenue, a distance of 70 feet to a point; thence in a Northwesterly direction and parallel with the Southwest line of Nuckolls Street a distance of 218.5 feet to a point in the Northwesterly line of Lot Number 3; thence in a Northeasterly direction and along the Northwesterly line of Lots Number 3 and 4 a distance of 172.55 feet to the Southwest line of said Nuckolls Street; thence in a Southeasterly direction and along the Southwest line of said Nuckolls Street a distance of 143.25 feet, more or less, to the point of beginning, said description embracing all of Lot Number Four (4) and what is commonly known as the Northeast Half (NE ½) of Lot Number Three (3), and a portion of the alley lying Southeast of and adjoining said Lot Number Four (4), all in Block Number Two (2) in Nowlin’s Addition to East Gadsden, Alabama, according to the map or plat thereof, recorded in Plat Book B, Pages 20 and 21, Probate Office, Etowah County, and being and lying 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 JAZ Investments, LLC, an Alabama limited liability company,
P.O. Box 1188;
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 February 14, 2017.
Iva Nelson, City Clerk
Feb 24, 2017
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RESOLUTION NO. R-31-17
Ordering Abatement of Nuisance
Whereas, the Building Official has determined that a structure located at
1001 PENNY STREET in District 3 in the City of Gadsden, more particularly described as:
For a point of beginning begin at the Southwest corner of Lot No. 1 Block No. 3 of the Coosa Land Company North Tenth Street Subdivision as shown by map thereof recorded in Plat Book “B”, Page 373, Probate Office, Etowah County, and thence run in a southerly direction along the East line of Back Street as shown by said map a distance of 35 feet to a point which is the point of beginning thence continuing in the same southerly direction along the East line of Back Street as shown by said map a distance of 50 feet to a point in the North line of what is known as Penny Avenue or Avenue E, formerly known as Miller Avenue thence in an easterly direction along the North line of said alley or Avenue, a distance of 119 feet thence in a northerly direction in a direct line a distance of 49.44 to a point thence deflect an angle to the left so as to form an interior angle of 90°45’, a distance of 110.85 feet to a point which point is the point of beginning. Said description embracing a portion of the southwest quarter of the southwest quarter in Section 33, Township 11 South of Range 6 East of the Huntsville Meridian in Gadsden, Alabama, 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, certain rights of redemption of the heirs of the estate of Jimmie Terrell and wife Agnes Terrell;
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 February 14, 2017.
Iva Nelson, City Clerk
Feb 24, 2017
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RESOLUTION NO. R-32-17
Ordering Abatement of Nuisance
Whereas, the Building Official has determined that a structure located at
1010 PENNY STREET in District 3 in the City of Gadsden, more particularly described as:
A tract or parcel of land described as beginning at the northeast corner of Lot Number 2, and from thence run in a westerly direction along the north line of said lot a distance of 100 feet; thence deflect an angle of 83 degrees 46 minutes to the left and run in a southerly direction, a distance of 54.2 feet to a point in the south line of said Lot Number 2; thence deflect an angle of 88 degrees 34 minutes to the left and run in an easterly direction along the south line of said lot a distance of 93.0 feet to the southeast corner of said lot; thence deflect an angle of 85 degrees 58 minutes to the left and run in a northerly direction along the east line of said lot a distance of 67.7 feet to the point of beginning, said description embracing a portion of Lot Number Two (2) in Block Number One (1) in the Coosa Land Company’s North Tenth Street Subdivision, according to the map thereof recorded in Plat Book “B”, Page 373, Probate Office, Etowah County, and being and lying in Gadsden, Etowah County, Alabama, together with all improvements located thereon.
is a nuisance and ordered its abatement; and
Whereas, as required by the City Code, notice of a public hearing has been given to Christina Y. Harris Luker c/o Christina Cox Ellis, 1112 Whitehall 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 February 14, 2017.
Iva Nelson, City Clerk
Feb 24, 2017
______________
RESOLUTION NO. R-33-17
Ordering Abatement of Nuisance
Whereas, the Building Official has determined that a structure located at
931 4TH AVENUE in District 5 in the City of Gadsden, more particularly described as:
Lot Eight (8) in Block “B” in Kyle Addition, lying between Third Avenue, Chestnut Street, Ninth Street, and Tenth Street, according to the map of such addition, recorded in Plat Book “A”, Page 29, Probate Office, Etowah, Alabama, SAVE AND EXCEPT This North 110 Feet thereof.
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, possible redemption rights of the estate of Vandalia Chandler, heirs to said estate are Jacqueline Huff, daughter, 408 A North 11th Street, Eric D. Huff, son, 931 4th Avenue, and Senta E. Chandler;
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 February 14, 2017.
Iva Nelson, City Clerk
Feb 24, 2017
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RESOLUTION NO. R-34-17
Ordering Abatement of Nuisance
Whereas, the Building Official has determined that a structure located at
1509 GARFIELD AVENUE in District 5 in the City of Gadsden, more particularly described as:
House and Lot Number (18) in Block Number Twenty-five (25) in the Gadsden Realty Company’s South Gadsden Addition according to the map thereof recorded in Book of Town Plants “B”, Page 314, in the Office of the Judge of Probate of Etowah County, Alabama, and all being and lying in 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 Big Ugly, LLC, 2106 Monroe Street, and Blakely Scott Tarrance, 1509 Garfield Avenue;
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 February 14, 2017.
Iva Nelson, City Clerk
Feb 24, 2017
______________
RESOLUTION NO. R-35-17
Ordering Abatement of Nuisance
Whereas, the Building Official has determined that a structure located at
1901 JEFFERSON STREET in District 5 in the City of Gadsden, more particularly described as:
The West 60 feet Lot 11, Block 26 in Gadsden Realty Co.’s South Gadsden or Crescent Addition to Gadsden, Alabama, and lying and begin 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 Teresa Gilley, 1615 Pierce Avenue;
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 February 14, 2017.
Iva Nelson, City Clerk
Feb 24, 2017
______________
LEGAL NOTICE
IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA
CASE NO. S-9317
IN THE MATTER OF THE ESTATE OF RUBY BEATRICE GIVENS
TO: W.E. WATWOOD, KENNETH MASON, EMILY MADDOX, PAM JOHNSON, LARRY HURLEY, DEREK COLBERT, BRENT HILL, SHARON ST.CLAIR, MALENE JENNINGS, MARLENE NIXON and the Unknown Heirs at Law and Next of Kin of Ruby Beatrice Givens.
You are hereby notified that a Petition for the Probate of the Last Will and Testament of RUBY BEATRICE GIVENS has been filed by J. Shane Givens and that the same is hereby set for hearing on the 29th date of March, 2017 at 10:30 a.m. You have the right to be present and contest the same if you deem proper.
DONE this 21st day of February, 2017.
Bobby M. Junkins
Judge of Probate
Feb 24, March 3 & 10, 2017
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PUBLICATION ON ADOPTION
IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA
CASE NO.: A-1128
IN THE MATTER OF THE ADOPTION OF A MINOR CHILD
NOTICE TO SCOTT LYNN BARTON THE PARENT OF A MINOR CHILD, WHOSE ADDRESS IS UNKNOWN OR UNDISCLOSED; AND NOTICE TO THE UNKNOWN OR UNDISCLOSED PARENT OF A MINOR CHILD, WHOSE ADDRESS IS ALSO UNKNOWN OR UNDISCLOSED.
You will take notice that a petition or the adoption of a minor child born to Linda Michelle Mobbs, Natural Mother, was filed on the 30th day of January, 2017, alleging that the whereabouts of Scott Lynn Barton, the legal father, are unknown. Minor child’s birth date is 12/25/16.
You will take notice that a Petition for the Adoption of a minor child born to Linda Michelle Mobbs, natural mother, was filed on the 30th day of January, 2017, alleging that the identity of the natural father is unknown or has not been disclosed to the Court, and whose relationship of said unknown or undisclosed natural parent to the aforesaid minor child is that of putative father. Minor Child’s birth date is 12/25/16.
Please be advised that should 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 Robert M. Echols, Jr., whose name and address is shown below, and with the Clerk of the Probate Court of Etowah County, P. O. Box 187, Gadsden, AL 35902.
DONE this 16th day of February, 2017.
Bobby M. Junkins
Judge of Probate
Robert M. Echols, Jr.
4 Office Park Circle, Suite 116
Birmingham, AL 35223
Feb 24, March 3, 10 & 17, 2017
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NOTICE OF COMPLETION
Notice is hereby given the J&D Enterprises, LLC has completed the Contract for Construction of the Somerset Pass Roadway Improvement Project for the City of Gadsden, AL and has 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 the City of Gadsden Engineering Dept., P.O. Box 267, Gadsden, AL 35902.
Feb 17, 24, March 3 & 10, 2017
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NOTICE OF COMPLETION
Notice is hereby given that James E. Watts & Sons Contractors, Inc. has completed the Contract for Construction of the Padenreich Avenue Storm Water Repair Project for the City of Gadsden, AL., and
has 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 The City of Gadsden Engineering Dept., P.O. Box 267, Gadsden, AL 35902.
Feb 17, 24, March 3 & 10, 2017
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NOTICE OF COMPLETION
Notice is hereby given that James E. Watts & Sons Contractors, Inc. has completed the Contract for Construction of the South 3rd. St. and Bay St. Storm Sewer Repair Project for the City of Gadsden, AL., and has 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 The City of Gadsden Engineering Dept., P.O. Box 267, Gadsden, AL 35902.
Feb 17, 24, March 3 & 10, 2017
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PUBLICATION ON ADOPTION
IN THE PROBATE COURT OF ETOWAH COUNTY, AL
CASE NO.: A-1127
IN THE MATTER OF THE ADOPTION OF A MINOR CHILD
NOTICE TO THE UNKNOWN OR UNDISCLOSED PARENT OF A MINOR CHILD AND TO CRYSTAL MAE THORNTON, mother, WHOSE ADDRESSES ARE UNKNOWN OR UNDISCLOSED.
You will take notice that a Petition for the Adoption of a minor child, (born to Crystal Mae Thornton, Natural Mother), was filed on the 27th day of January, 2017, alleging that the identity of the natural father is unknown or has not been disclosed to the Court, and whose relationship of said unknown or undisclosed natural parent to the aforesaid minor child is that of putative father, and that the whereabouts of Crystal Mae Thornton are not known. Minor Child’s birth date is 07/07/14.
Please be advised that should 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 Robert M. Echols, Jr., whose name and address is shown below), and with the Clerk of the Probate Court of Etowah County, Alabama, Courthouse, Etowah County Probate Court Attn: Wendy, P. O. Box 187, Gadsden, Alabama 35902.
DONE this 30th day of January, 2017.
Bobby M. Junkins
Judge of Probate
Robert M. Echols, JR.
4 Office Park Circle, Suite 116
Birmingham, AL 35223
Feb 3, 10, 17 & 24, 2017
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A BILL TO BE ENTITLED AN ACT
Relating to Etowah County; authorizing separate elections within municipalities within the county and within the unincorporated area of the county to determine whether alcoholic beverages may be sold or distributed on Sunday by properly licensed retail licensees serving the general public.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall apply only in Etowah County.
Section 2. (a) The voters of any municipality within the county may authorize the sale of alcoholic beverages within the municipality on Sunday by an election pursuant to this act, in the following manner:
The governing body of the municipality, by resolution, may call an election for the municipality to determine the sentiment of the voters of the municipality residing within the corporate limits, as to whether alcoholic beverages may be legally sold or distributed on Sunday within the municipality.
(b) On the ballot to be used for the election, the question shall be in the following form: “Do you favor the legal sale and distribution of alcoholic beverages within this municipality on Sundays as further provided for and regulated by ordinance of the municipal governing body? Yes ___ No ___.”
(c) The first election and any subsequent elections shall be held and the officers appointed to hold the election in the manner provided by law for holding other municipal elections, and the returns thereof tabulated and results certified as provided by law for municipal or general elections. Any Sunday sales election shall be held as provided in this act as a special election, or any subsequent municipal or general election not less than 30 days following the date of the resolution.
(d) Notice of the election shall be given by the governing body of the municipality by publication or by posting the notice at the town or city hall apprising the voters of the municipality, at least three weeks before the date of the election, that an election shall be held to determine whether alcoholic beverages may be sold in the municipality on Sunday. The cost of the election shall be paid out of the general fund of the municipality.
(e) Only qualified voters of the municipality may vote in the election. If a majority of the voters voting in the municipal election vote “Yes,” alcoholic beverages may be legally sold or dispensed within the corporate limits of the municipality on Sunday by licensees of the Alcoholic Beverage Control Board and the municipality serving the general public in accordance with applicable laws and regulations and as further provided for and regulated by ordinance of the municipal governing body. The municipality may enact, by ordinance, any policies it deems appropriate to regulate any aspect of Sunday alcoholic beverages sales within the municipality.
(f) If a majority of the voters voting in the municipal election vote “No,” alcoholic beverages may not be sold or dispensed in the municipality on Sunday, except as otherwise authorized by law or by subsequent election which legalizes the sale and dispensing of alcoholic beverages on Sunday. A subsequent election shall not be held within 12 months following an election under this section.
Section 3. (a) The voters in the unincorporated area of the county may authorize the sale of alcoholic beverages within the unincorporated area of the county on Sunday by an election pursuant to this act, in the following manner:
The county commission, by resolution, may call an election to determine the sentiment of the voters residing outside the corporate limits of any municipalities within the county, as to whether alcoholic beverages may be legally sold or distributed on Sunday in the unincorporated area of the county as further provided for and regulated by ordinance of the county commission.
(b) On the ballot to be used for the election, the question shall be in the following form: “Do you favor the legal sale and distribution of alcoholic beverages outside the corporate limits of any municipalities within the county on Sunday as further provided for and regulated by ordinance of the county commission? Yes ___ No ___.”
(c) The first election and any subsequent elections shall be held and the officers appointed to hold the election in the manner at the general election in November 2016, and the returns thereof tabulated and results certified as provided by law for county elections. Any Sunday sales election shall be held as provided in this act as a special election or at any subsequent countywide election not less than 30 days following the date of the resolution.
(d) Notice of the election shall be given by the judge of probate by publication or by posting the notice at the courthouse apprising the voters of the unincorporated area of the county, at least three weeks before the date of the election, that an election shall be held to determine whether alcoholic beverages may be sold in the unincorporated area of the county on Sunday. The cost of the election shall be paid out of the general fund of the county.
(e) Only qualified voters of the unincorporated area of the county may vote in the election. If a majority of the voters voting in the election vote “Yes,” alcoholic beverages can be legally sold or dispensed outside the corporate limits of any municipalities in the county on Sunday by licensees of the Alcoholic Beverage Control Board and the county serving the general public in accordance with applicable laws and regulations and as further provided for and regulated by the county commission. The county commission may enact, by ordinance, any policies it deems appropriate to regulate any aspect of Sunday alcoholic beverages sales in the unincorporated area of the county.
(f) If a majority of the voters voting in the election vote “No,” alcoholic beverages may not be sold or dispensed in the unincorporated area of the county on Sunday, except as otherwise authorized by law or by subsequent election which legalizes the sale and dispensing of alcoholic beverages on Sunday. A subsequent election shall not be held within 12 months following an election under this section.
Section 4. The provisions of this act are cumulative and supplemental to the present power and authority of any municipality or the county and is not intended to, nor shall it be interpreted so as to, repeal any existing power or authority of any municipality or the county now permitted under the general laws of the state, or under any local or special act of the Legislature.
Section 5. The provisions of this act are cumulative and supplemental to the present power and authority of the county and are not intended to, nor shall it be interpreted so as to, repeal any existing power or authority of the county now permitted under the general laws of the state, or under any local or special act of the Legislature.
Section 6. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.
Feb 10, 17, 24 & March 3, 2017