Legals for 1/19/2024 – 1/25/2024

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NOTICE OF MORTGAGE FORECLOSURE SALE

STATE OF ALABAMA COUNTY OF ETOWAH

Default having been made of the terms of the loan documents secured by that certain mortgage executed by Patrice K Golden And Michael D Golden Wife And Husband  to Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for HOMECOMINGS FINAN-CIAL, LLC (F/K/A HOMECOMINGS FINANCIAL NETWORK, INC., its successors and assigns dated April 13, 2007; said mortgage being recorded on April 23, 2007, as Instrument No. 3269500 in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to FirstKey Master Funding 2021-A Collateral Trust, U.S. Bank Trust National Association as Collateral Trust Trustee in Instrument 3567227 in the Office of the Judge of Probate of Etowah County, ALABAMA.

The undersigned, FirstKey Master Funding 2021-A Collateral Trust, U.S. Bank Trust National Association as Collateral Trust Trusteeunder 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 14th day of February, 2024 the following property, situated in Etowah County, Alabama, to-wit:

All that part of the NE 1/4 of Section 13, Township 10 South, Range 5 East of the Huntsville Meridian, more particularly described as follows: Commencing at 5/8” solid stock iron found at the Northwest corner of the SE 1/4 of the NE 1/4 of said section; thence N 00 degrees 15 minutes 00 seconds W a distance of 16.53 feet to a point on the centerline of Otway Road; said point being the point of beginning. From said point of beginning and along said centerline, N 89 degrees 10 minutes 31 seconds E a distance of 144.18 feet to a point; thence leaving said cen-terline, S 00 degrees 10 minutes 52 seconds E a distance of 606.31 feet (passing through a ref-erence 3/4 inch crimped top pipe found at 24.72 feet) to an iron pin set; thence N 84 degrees 03 minutes 06 seconds W a distance of 233.33 feet to an iron pin set; thence N 04 degrees 21 minutes 55 seconds E a distance of 324.65 feet to an iron pin set; thence S 87 degrees 30 minutes 28 seconds E a distance of 28.91 feet to an iron pin set; thence N 03 degrees 55 minutes 19 seconds E a distance of 253.58 feet to an iron pin set on the Southerly right-of-way (60’) of said Otway Road; thence leaving said right-of-way, continue N 03 degrees 55 minutes 19 seconds E a distance of 29.23 feet to a point on the centerline of said Otway Road; thence along said centerline, N 89 degrees 10 minutes 31 seconds E a distance of 12.98 feet to the point of beginning.

Less and except any easements or right-of-way, and being a portion of the NE 1/4 of Section 13, Township 10 South, Range 5 East of the Huntsville Meridian, Etowah County, Alabama.

Said property is commonly known as 418 Otway Road, Boaz, AL 35956.

Should a conflict arise between the property address and the legal description the legal de-scription will control.

Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, all out-standing liens for public utilities which constitute liens upon the property, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, easements, rights-of-way, zoning ordinances, restrictions, special assessments, covenants, the statutory right of redemption pursuant to Alabama law, and any matters of record including, but not limited to, those superior to said Mortgage first set out above. Said property will be sold on an “as-is” basis without any representation, warranty or recourse against the above-named or the undersigned.  The successful bidder must present certified funds in the amount of the winning bid at the time and place of sale.

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 sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Mortgage.

FIRSTKEY MASTER FUNDING 2021-A COLLATERAL TRUST, U.S. BANK TRUST NATIONAL ASSO-CIATION AS COLLATERAL TRUST TRUSTEE

as holder of said mortgage

McCalla Raymer Leibert Pierce, LLC

Two North Twentieth

2 20th Street North, Suite 1000

Birmingham, AL 35203

(205) 216-4238

FT21@mccalla.com

File No. 23-05285AL

www.foreclosurehotline.net

January 12, 19, and 26, 2024

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MORTGAGE FORECLOSURE NOTICE

Default having been made in the payment of the indebtedness secured by that certain real es-tate mortgage executed by AUGUST SCOLARO, a single man, to DAVID AYERS, LLC, dated Au-gust 18, 2023, and recorded in Instrument # 3562322, 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 foreclo-sure, and said default continuing, notice is hereby given that, acing under the power 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 2nd day of February, 2023, the following described real estate situat-ed in Etowah County, Alabama:

A lot described as beginning at the Northeast Corner of Lot Number Seven (7), and from thence run in a southerly direction and along the east line of said lot a distance of 56¼ feet, thence westerly and parallel with the north line of said lot to a point in the west line of said lot; thence northlery and along said West line a distance of 56¼ feet to the northwest corner of said lot; thence in an easterly direction and along the north line of said lot to the point of be-ginning; and embracing what is known as the north 56¼ feet of Lot Number Seven (7) in Block “A”, page 39, Probate Office, and lying in Gadsden, Etowah County, Alabama, together with all improvements located thereon

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.  Al-abama law gives some persons

who have an interest in the property the right to redeem the property under certain circum-stances.  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.

S/David C. Livingston

David C. Livingston

Attorney for Mortgagee

P.O. Box 1621

Gadsden, AL  35902

January 12, 19, and 26, 2024

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FILE CLAIMS

Beannetta Smith was/were appointed Personal Representative(s) on 12/18/2023 to the Estate of Clifford L. Heard, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

January 5, 12, and 19, 2024

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FILE CLAIMS

Sheri Leanne Jenkins was/were appointed Personal Representative(s) on 12/18/2023 to the Estate of Doris J. Wettlin, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

January 5, 12, and 19, 2024

___________

FILE CLAIMS

Ralph Boatwright was/were appointed Personal Representative(s) on 11/07/2023 over the Estate of Louise Boatwright, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

January 5, 12, and 19, 2024

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FILE CLAIMS

Jeffrey Lawrence Smith Jr. was/were appointed Personal Representative(s) on 12/18/2023 to the Estate of Marcie McCorkle Lombard, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

January 5, 12, and 19, 2024

____________

FILE CLAIMS

Sybil M. Kelley was/were appointed Personal Representative(s) on 12/04/2023 to the Estate of Ronny M. Liddell, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

January 5, 12, and 19, 2024

____________

FILE CLAIMS

David Lamar Parker was/were appointed Personal Representative(s) on 11/08/2023 to the Estate of Sybil Ruth Coffey, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

January 5, 12, and 19, 2024

____________

FILE CLAIMS

Harold Jerome Mikell was/were appointed Personal Representative(s) on 12/11/2023 to the Estate of Velma Lillian Mikell, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

January 5, 12, and 19, 2024

____________

FILE CLAIMS

Hugh William Willingham was/were appointed Personal Representative(s) on 12/11/2023 to the Estate of Milton Carl Henson, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

January 5, 12, and 19, 2024

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FILE CLAIMS

Carl Allen Cole, III was/were appointed Personal Representative(s) on 10/23/2023 to the Estate of Doris B. Wynn, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

January 5, 12, and 19, 2024

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FILE CLAIMS

Justin Blake Sewell was/were appointed Personal Representative(s) on 10/27/2023 to the Estate of Helen Hyde Ennis, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

January 5, 12, and 19, 2024

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FILE CLAIMS

Marcus McCluney was/were appointed Personal Representative(s) on 11/15/2023 to the Estate of Judy Gail McCluney, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

January 5, 12, and 19, 2024

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FILE CLAIMS

Jennifer Dianne Williamson was/were appointed Personal Representative(s) on 11/15/2023 to the Estate of Donald Ray Landrum, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

January 5, 12, and 19, 2024

____________

FILE CLAIMS

Allison Patrice Fowler Tolbert was/were appointed Personal Representative(s) on 11/06/2023 to the Estate of Brenda Patricia Fowler, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

January 5, 12, and 19, 2024

____________

FILE CLAIMS

Bonnie Patrick was/were appointed Personal Representative(s) on 11/20/2023 to the Estate of Patricia Patrick, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

January 5, 12, and 19, 2024

____________

FILE CLAIMS

Jennifer Dianne Williamson was/were appointed Personal Representative(s) on 11/15/2023 to the Estate of Judith Ann Landrum, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

January 5, 12, and 19, 2024

___________

FILE CLAIMS

John Edward Cunningham was/were appointed Personal Representative(s) on 11/13/2023 over the Estate of Barry John Knight, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

January 12, 19, and 26, 2024

___________

FILE CLAIMS

Gregory Eugene Clonts was/were appointed Personal Representative(s) on 11/29/2023 to the Estate of Dorothy Jean Clonts, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

January 19, 26, and February 2, 2024

__________

FILE CLAIMS

Michael Copeland was/were appointed Personal Representative(s) on 11/29/2023 over the Estate of Melvin C. Copeland, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

January 19, 26, and February 2, 2024

__________

FILE CLAIMS

Shirley Young was/were appointed Personal Representative(s) on 11/21/2023 over the Estate of Ronald Oneal Young, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

January 19, 26, and February 2, 2024

___________

FILE CLAIMS

Katrina Elkins Herman was/were appointed Personal Representative(s) on 11/21/2023 to the Estate of Garry Elkins, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

January 19, 26, and February 2, 2024

___________

FILE CLAIMS

Scott Forester Stewart was/were appointed Personal Representative(s) on 11/17/2023 over the Estate of William Thomas McManus deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

January 19, 26, and February 2, 2024

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FILE CLAIMS

Janet Boone was/were appointed Personal Representative(s) on 11/13/2023 over the Estate of Clarence Lee Perdue, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

January 19, 26, and February 2, 2024

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NOTICE OF HEARING

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF: LYNNE J. USAS, ALLEGED INCAPACITATED,

Case #: 2023-581

TO: Any unknown family

Please take notice that a PETITION FOR LETTERS OF GUARDIANSHIP of the above referenced individual alleged to be incapacitated was filed in the Office of the Judge of Probate, and further, that the 13th day of FEBRUARY 2024 at 1:00 p.m. was appointed a day and time for hearing on said Petition, thereof at which time you may appear and support and/or contest the Petition, if you so choose.

DONE THIS THE 4TH DAY OF JANUARY 2024.

Scott Hassell

PROBATE JUDGE

January 12, 19, and 26, 2024

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NOTICE OF HEARING

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF: JAMES PHILPOT, ALLEGED INCAPACITATED,

Case #: 2023-552

TO: Ronnie Philpot and any unknown family

Please take notice that a PETITION FOR LETTERS OF GUARDIANSHIP of the above referenced individual alleged to be incapacitated was filed in the Office of the Judge of Probate, and further, that the  11th day of MARCH 2024 at 1:30 p.m. was appointed a day and time for hearing on said Petition, thereof at which time you may appear and support and/or contest the Petition, if you so choose.

DONE THIS THE 12TH DAY OF JANUARY 2024

Scott Hassell

PROBATE JUDGE

January 19, 26, and

February 2, 2024

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NOTICE OF HEARING

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF: HERSHEL NELSON, ALLEGED INCAPACITATED,

Case #: 2024-6

TO: Larisa Nelson Bockneck, Michael Nelson and any unknown family

Please take notice that a PETITION FOR LETTERS OF GUARDIANSHIP of the above referenced individual alleged to be incapacitated was filed in the Office of the Judge of Probate, and further, that the 11th day of MARCH 2024 at 2:30 pm. was appointed a day and time for hearing on said Petition, thereof at which time you may appear and support and/or contest the Petition, if you so choose.

DONE THIS THE 16TH DAY OF JANUARY 2024

Scott W. Hassell

PROBATE JUDGE

January 19, 26, and February 2, 2024

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NOTICE OF HEARING

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF: JAMES ROBINSON, ALLEGED INCAPACITATED,

Case #: 2023-553 

TO: James Robinson, Jr., Jenna Robinson and Preston Robinson and any unknown family

Please take notice that a PETITION FOR LETTERS OF GUARDIANSHIP of the above referenced individual alleged to be incapacitated was filed in the Office of the Judge of Probate, and further, that the 11th day of MARCH 2024 at 2:00 p.m. was appointed a day and time for hearing on said Petition, thereof at which time you may appear and support and/or contest the Petition, if you so choose.

DONE THIS THE 16TH DAY OF JANUARY 2024

Scott W. Hassell

PROBATE JUDGE

January 19, 26, and February 2, 2024

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NOTICE OF HEARING

IN RE: IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN RE: PATRICIA BEASLEY, DECEASED,

Case # 2023-00529

TO: UNKNOWN HEIRS

Whose whereabouts are unknown

Please take notice that a Petition to Probate Will was filed in the Office of the Judge of Probate, Etowah County, Alabama and further, that the 11th day of March 2024 at 10:30 am. was appointed a day and time for hearing on said Petition, thereof at which time you may appear and support and/or contest the Petition, if you so choose.

DONE THIS THE 17th DAY OF January 2024.

Scott W. Hassell

Judge of Probate

January 19, 26, and February 2, 2024

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NOTICE OF PETITION FOR LETTERS OF GUARDIANSHIP AND PETITION FOR LETTERS OF

CONSERVATORSHIP

Notice to: Marcella Swearingen, whose whereabouts are unknown but whose last known address was 409 Avalon Lane, Gadsden, Alabama 35901

Charles Knox, whose whereabouts are unknown but last known address was 53 Woodland Hills Drive, Florence, Alabama 35634

You will take notice that a Petition for Letters of Guardianship for the person of Judy B. Moore and a Petition for Letters of Conservatorship over the estate of Judy B. Moore was filed by Gadsden Regional Medical Center on the 4th day of December, 2023.

A hearing on the Petition for Letters of Guardianship and Petition for Letters of Conservatorship is set on the 13th day of FEBRUARY, 2024, at 2:00 o’clock p.m., in the Probate Court of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama 35901.

Scott W. Hassell

Judge of Probate

January 5, 12, and 19, 2024

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NOTICE OF PETITION FOR LETTERS OF GUARDIANSHIP AND PETITION FOR LETTERS OF

CONSERVATORSHIP

Notice to: Jason Clay, whose whereabouts are unknown

You will take notice that a Petition for Letters of Guardianship for the person of Lillie Espinosa and a Petition for Letters of Conservatorship over the estate of Lillie Espinosa was filed by Gadsden Regional Medical Center on the 2nd day of JANUARY 2024. A hearing on the Petition for Letters of Guardianship and Petition for Letters of Conservatorship is set on the 12TH day of FEBRUARY, 2024, at 2:00 o’clock p.m., in the Probate Court of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama 35901.

Scott W. Hassell

Judge of Probate

January 5, 12, and 19, 2024

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NOTICE OF PETITION FOR LETTERS OF GUARDIANSHIP AND PETITION FOR LETTERS OF  CONSERVATORSHIP

Notice to: Tomas J. Espinosa, Jr., whose whereabouts are unknown

You will take notice that a Petition for Letters of Guardianship for the person of Tomas J. Espinosa and a Petition for Letters of Conservatorship over the estate of Tomas J. Espinosa was filed by Gadsden Regional Medical Center on the 2nd day of JANUARY 2024.

A hearing on the Petition for Letters of Guardianship and Petition for Letters of Conservatorship is set on the 12th day of FEBRUARY 2024, at 2:00 o’clock p.m., in

the Probate Court of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama 35901.

Scott W. Hassell

Judge of Probate

January 5, 12, and 19, 2024

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NOTICE OF HEARING

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF: ALBERTA GENTLE, ALLEGED INCAPACITATED,

Case #: 2023-145

TO: Any unknownfamily

Please take notice that a PETITION FOR LETTERS OF GUARDIANSHIP of the above referenced individual alleged to be incapacitated was filed in the Office of the Judge of Probate, and fur-ther, that the 13 day of FEBRUARY, 2024 at 2:30 P.M. was appointed a day and time for hear-ing on said Petition, thereof at which time you may appear and support and/or contest the Petition, if you so choose.

DONE THIS THE 2ND DAY OF JANUARY 2024

Scott Hassell

PROBATE JUDGE

January 5, 12, and 19, 2024

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NOTICE OF PETITION FOR TERMINATION OF PARENTAL RIGHTS

IN THE JUVENILE COURT OF ETOWAH COUNTY, ALABAMA

IN RE THE MATTER OF:

C. M. Case Number: JU-2022-293.03

J.M. Case Number: JU-2020-294.03

H.M. Case Number: JU-2020-292.03

A Child

TO: Tony Morgan

You are hereby given notice that a petition. has been filed by the Etowah County Department of Human Resources requesting that your parental rights be terminated to C.M., J.M., and H.M. You are hereby given notice that you are required to file an Answer with the Clerk of the Juvenile Court of Etowah County, Alabama and with the Petitioner’s attorney, Sheri W. Carver Stallings, Assistant Attorney General, STATE OF ALABAMA DEPT. OF HUMAN RESOURCES 220 West Main St., within fourteen (14) days of the date of the last publication of this notice or a default judgment can be entered against you. A parent has the right to representation of an attorney in a dependency or a termination of parental rights trial, and, if indigent, the Court may appoint an attorney if requested. Should the parent desire a court-appointed attorney, application should be made immediately upon receipt of notice of the action, by contacting the Clerk of the Juvenile Court of Etowah County, Alabama. A final hearing has been set for February 1, 2024 at 9:00 a.m. before Hon. Joe Nabors at the Etowah County Judicial Building in Gadsden,

Cassandra Johnson

Circuit Clerk

Etowah County, Alabama

Attorney for Petitioner:

Sheri W. Carver Stallings Assistant Attorney General

Etowah County Department of Human Resources

220 West Main St.

Centre, Alabama 35960

December 29, 2023, January 5, 12, and 19, 2024

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LEGAL NOTICE

WHITAKER CONTRACTING CORP. HEREBY GIVES NOTICE OF COMPLETION OF CONTRACT WITH 2023 SPRING RESURFACING PROJECT FOR RAINBOW CITY, ALABAMA.  THIS NOTICE WILL APPEAR FOR THREE (3) CONSECUTIVE WEEKS BEGINNING ON January 12TH, 2024 AND ENDING ON January 26TH, 2024.  ALL CLAIMS SHOULD BE FILED AT PO BOX 306, GUNTERSVILLE, AL  35976 DURING THIS PERIOD.

WHITAKER CONTRACTING CORP

January 12, 19, and 26, 2024

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ADVERTISEMENT FOR NOTICE OF COMPLETION

In accordance with Chapter 1, Title 39, Code of Alabama, 1975, notice is hereby given that GKL Companies, Inc. has completed the contract for the renovation of Project B: Roof Restoration of Beck Field House Gym at the Wallace Drive Campus Project Number 2022-156 GSCC at College Drive, Gadsden Alabama 35903.  For the State of Alabama and the City of Gadsden, Owners have made a request for final settlement of said Contract.  All persons having any claim for la-bor, materials, or otherwise in connection with this project should immediately notify Stephen Ward & Associates, Inc PO Box 6815 Huntsville, AL. 35813.

GKL Companies, Inc.

112 Rainbow Industrial Drive

Rainbow City, AL. 35906

January 12, 19, 26, and February 2, 2024

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ADVERTISEMENT FOR BIDS

A WEIGHT ROOM AND STORAGE FACILITY

FOR ETOWAH HIGH SCHOOL

FOR THE ATTALLA CITY SCHOOLS

MCKEE PROJECT NO. 23.128    

Sealed proposals for this project shall be received by Mr. Jeff Colegrove, Superintendent, Attalla City Schools, 101 Case Avenue Southeast, Attalla, AL 35954, until 2:00 PM Central Time, Tuesday, February 6, 2024, then opened and read aloud.

General Contractors bidding on this project are required to visit the site to examine all existing conditions prior to submitting their proposal, which shall be arranged by the contractor with the school.

The project shall be bid excluding taxes. Bids must be submitted on proposal forms furnished by the Architect or copies thereof.  No bid may be withdrawn after scheduled closing for receipt of bids for a period of ninety (90) days. The Owner reserves the right to reject any or all proposals and to waive technical errors if, in the Owners judgment, the best interests of the Owner will thereby be promoted.

A certified check or Bid Bond payable to Attalla City Schools in an amount not less than five percent (5%) of the amount of the bid, but in no event more than $10,000.00 must accompany the bidder’s sealed proposal. Performance and statutory labor and material payment bonds will be required at the signing of the Contract.

All bidders bidding in amounts exceeding that established by the State Licensing Board for General Contractors must be licensed under the provisions of Title 34, Chapter 8, Code of Alabama, 1975, and must show evidence of license before bidding or bid will not be received or considered by the Architect. All bidders shall show such evidence by clearly displaying their current license number on the outside of the sealed envelope in which the proposal is delivered.

PDFs of the project can be reviewed by going to the McKee website @ www.mckeeassoc.com and selecting “Project Bid List”. Also, if you are not receiving NOTIFICATIONS from us, please register on our website, “Project Bid List” by selecting manage your bid list profile. The documents may be viewed on-line and printed by General Contractors, Sub Contractors and Suppliers. Documents published through this procedure are the only documents endorsed by the Architect. The Architect is unable to monitor, confirm and maintain other websites that provide documents. Addendums will be provided to entities that have CONFIRMED bidding for this particular project. The Architect retains ownership and copyrights of the documents. If bidders require printed sets, please submit request to the Architect at mckeeplans@gmail.com. Include your first & last name, company name, address, phone number and the McKee project name and number. Print sets are to be returned in re-usable condition within ten days after bid opening.

All RFIs and RFAs regarding the bid documents shall be sent and addressed through emails found on the RFI and RFA forms in the project manual.  NOTE:  ONLY THE RFI AND RFA FORMS IN THE PROJECT MANUAL WILL BE ACCEPTED.   The Architect will not accept inquiries via telephone or fax.

Completion Time:  See Scope of Work in Project Manual.

Supervision: Contractor will ensure proper supervision of all work.

Owner:  Mr. Jeff Colegrove, Superintendent, Attalla City Schools, 101 Case Avenue Southeast, Attalla, Alabama  35954 | 256-538-8051

Architect: McKee and Associates, Architecture and Interior Design, 631 South Hull Street, Montgomery, Alabama 36104 | Phone: 334-834-9933

January 19, 26, and February 2, 2024

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NOTICE OF CONDEMNATION-FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

CASE NO: CV-23-900488-GCD

STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,

PLAINTIFF

$6,580.00 U.S. Currency,

Smith & Wesson SD 9 VE 9mm Pistol

Serial # FYH1377

DEFENDANT

In Re:  Juandra Lanard Pierce

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

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 and fire-arm.  You are hereby notified that you must answer said Complaint by the 1st day of March 2024.  Failure to file such answer shall result in your loss of any claimed owner’s or other in-terest in said property.

DONE this the 2nd day of January 2024

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

January 5, 12, 19, and 26, 2024

____________

NOTICE OF CONDEMNATION-FORFEITURE ACTION

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CIVIL DIVISION

CASE NO: CV-23-108-GCD

STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,

PLAINTIFF

$1,380.00 U.S. Currency,

2001 Ford Crown Victoria

VIN # 2FAFP73W81X121043

DEFENDANT

In Re:  Corey Dejuan Gilley

TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE IN-TEREST IN THE HEREINABOVE DESCRIBED CURRENCY AND 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 currency and vehicle.  You are hereby notified that you must answer said Complaint by the 1st day of March 2024.  Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said property.

DONE this the 2nd day of January 2024

Cassandra Johnson, Circuit Clerk

Etowah County, Alabama

January 5, 12, 19, and 26, 2024

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NOTICE OF SALE

The following storage units will be auctioned on January 19, 2024 beginning at 10:00 AM on the business premises of Off Campus Storage, located at 474 George Wallace Drive, Gadsden, AL. 35903.

J.T. Harrell #56

Theresa Hogg # 82

Off Campus Storage,

474 George Wallace Drive

Gadsden, AL. 35903.

January 12 and 19, 2024

_____________

NOTICE OF SALE

The following storage units will be auctioned on February 12, 2024 beginning at 10:00 AM on the business premises of Dixie Mini Storage. Dixie Mini Storage is located at 429 4th Street S.W. Attalla, AL. 35954.

Brain West #570

Dylan Sasser #59

Terri Baldwin #392

David Garmon #393

Marcel Leonard #107

Tiffany Baker #459

Felicia Ring #430

Nathaniel Benefield #63

Eric Chaviers #196

Molly Stevens #386

April Whidby #41

Brad Howard #516

Dixie Mini Storage

429 4th Street S.W.

Attalla Al  35954

256- 538-2203

January 12, 19 and February 9, 2024

____________

LEGAL NOTICE

The following storage unit will be disposed of January 26, 2024 on the business premises of Huff’s Mini Storage.  Huff’s Mini Storage is located at 608 Gilbert Ferry Road, Attalla, AL. 35954.

Haley Peterson #37

Huff’s Mini Storage

608 Gilbert Ferry Road

Attalla, AL. 35954.

January 19 and 26, 2024

___________

NOTICE OF SALE

The following storage units will be auctioned on January 26, 2024 beginning at 9a:00 AM on the business premises of B&J Thrift and Mini Storage, 1101 Highway 77, Attalla, AL 35954.

Daniel Hall #49

Lane #33

B&J Thrift and Mini Storage

1101 Highway 77

Attalla, AL 35954

January 19 and 26, 2024

___________

NOTICE OF SALE

Notice is hereby given that the contents of the following storage buildings will be SOLD by Off Campus Storage on January 26, 2024 at 10:00 am at 474 George Wallace Drive, Gadsden, AL. 35903

William Rudolph #149

Whitney Hunter #9 & 153

Brookelyn Horn #19

Peggy Caldwell # 39

Off Campus Storage,

474 George Wallace Drive

Gadsden, AL. 35903.

January 19 and 26, 2024

____________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on 2/13/2024 at 9am.

2008 Nissan Maxima VIN:1N4BA41E18C814083

Matt’s Towing

2000 Hickory Street

Gadsden, AL. 35904

January 12 and 19, 2024

___________

NOTICE OF VEHICLEPOSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on 2/12/2024.

2008 Chevrolet AVALANCHE VIN:3GNEC12018G253245

Arturo Rascon

416 van Courtland Street

Gadsden, AL. 35904

January 12 and 19, 2024

____________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on 2/12/2024.

2014 NISSAN SENTRA VIN: 3N1AB7AP6EL642836

ROBERT ANTONIO RIVERA

4805 NIXON CHAPEL RD

HORTON AL 35980

January 12 and 19, 2024

__________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on 2/13/2024.

1994 TOYOTA CAMRY VIN: 4T1SK12E6RU455471

ROBERT ANTONIO RIVERA

4805 NIXON CHAPEL RD

HORTON AL 35980

January 12 and 19, 2024

____________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on 2/13/2024.

2002 SUBARU LEGACY  VIN:4S3BH806427655602

RUSSELL MUELLER

3426 RAINBOW PKWY

RAINBOW CITY, AL 35906

January 12 and 19, 2024

____________

NOTICE OF VEHICLEPOSSESSION

Notice is hereby given that the undersigned will proceed to take possession/auction of the following described abandoned vehicle(s) on 2/23/2024 at 9am.

2014 Ford Black Escape VIN:  1FMCU9G91EUB98786

Matt’s Towing

2000 Hickory Street

Gadsden, AL. 35904

January 19 and 26, 2024

____________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on 2/28/2024.

2003 Ford F150 VIN: 1FTRX08L33KB66037

DANIEL ELLISON JR

140 CARLISLE ACRES DR

ATTALLA AL 35954

January 19 and 26, 2024

__________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on 3/15/2024 at 9am.

2018 Nissan Rogue VIN: JN8AT2MV8JW330047

2015 Ford Escape VIN: 1FMCU0F70FUC55301

2006 Chevrolet Silverado VIN: 1GCEK14V66Z271371

2018 Toyota RAV4 VIN: 2T3ZFREV2JW458294

2010 Toyota Camry VIN: 4T1BF3EK0AU061308

2000 Chevrolet Malibu VIN: 1G1ND52J4Y6266121

2014 Chevrolet Cruze VIN: 1G1PG5SB8E7401535

2017 Chevrolet Malibu VIN: 1G1ZE5ST7HF201215

2000 Chevrolet Tahoe VIN: 1GNEC13 RXYR154808

Thacker Towing & Recovery

927 5th Avenue NE

Attalla, AL 35954

(256) 546-9994

January 19 and 26, 2024

_____________

ORDINANCE  NO. O-77-23

Amending City Code Chapter 86 – NUISANCES

Whereas, the City of Gadsden contains structures that are vacant and/or abandoned in whole or in large part; and

Whereas, in many cases the owners or other responsible parties of these vacant and/or abandoned structures are neglectful of them and are failing to maintain or secure the structures to adequate standards, or restore them to productive use; and

Whereas, many of these structures are in violation of state and local housing maintenance codes; and

Whereas, the vacant and/or abandoned structures cause harm to the health, safety and general welfare of the citizens of the City of Gadsden, including diminution of neighboring property values, loss of property tax revenues, accumulation of debris and rubbish, increased risk of fire, and potential increases of criminal activity and public health risk; and

Whereas, the City of Gadsden desires to establish minimum standards of accountability on the property owners or other responsible parties of vacant and/or abandoned structures in order to protect the health, safety and general welfare of the citizens of Gadsden;

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:

Section 1. Chapter 86 of the Code of Ordinances of the City of Gadsden is amended by adding the following:

ARTICLE III. – REGISTRATION OF VACANT PROPERTIES.

Sec. 86-95. – Definitions.

As used in this article, the followings words shall have the meanings ascribed below.

(1) Agent means an individual with a place of business in this state in which he or she is authorized to accept inquiries, notices, and service of process on behalf of a vacant or foreclosed real property owner.

(2) Commercial or industrial building means a building, structure, facility, or complex, or part thereof, located within the corporate limits of the City of Gadsden that is used, or designed to be used, for any private manufacturing, industrial, or commercial business purposes whether or not legally zoned for such use, except those which are zoned I-2. A multi-family residential property with more than two (2) dwelling units shall be a commercial or industrial building.

(3) Creditor means a federal or state-chartered bank, savings bank, savings and loan association, credit union, mortgagee, and any entity acting on behalf of the creditor named in the debt obligation including, but not limited to, servicers;

(4) Owner means any person, heirs at law, executors, administrators, co-partnership, association, corporations, fiduciary, or other legal entity having a legal or equitable title or any interest in any real property.

(5) Vacant means a commercial or industrial building which has remained unoccupied for a period of more than 60 (sixty) days. Evidence of vacancy includes any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions include but are not limited to overgrown or dead vegetation, accumulation of flyers, mail, or trash, disconnected utilities, the absence of window coverings or furniture, and statements by neighbors, delivery persons, or government employees.

Sec. 86-96. – Registration.

(1) Upon knowledge of a commercial or industrial building being vacant, the owner and/or creditor shall within thirty (30) days register the property as a vacant property with the Building and Code Enforcement Department of the City of Gadsden.

(2) Upon initiating the legal process to foreclose real property, but no later than upon filing a complaint of foreclosure, or upon executing a deed in lieu of foreclosure on a commercial or industrial building, and a registration as prescribed in subsection (1), above, has not yet been completed, the creditor shall within thirty (30) days register the property as a property in foreclosure with the Building and Code Enforcement Department of the City of Gadsden.

(3) Registration shall include the address of the property, the name and contact information of the agent for the creditor, if applicable, the name and contact information for a property preservation company or property manager, if applicable, along with any additional information deemed necessary by the Chief Building Official, fire marshal or his/her designee.

(4) A creditor is required to update the registration form with all pertinent information when (a) a commercial or industrial building becomes vacant at any time after submission of the registration required by subsection (2), above, (b) a creditor files a complaint of foreclosure or executes a deed in lieu of foreclosure at any time after submission of the registration required by subsection (2), above, (c) a creditor acquires title to the property at sheriff/foreclosure sale, or (d) any previously provided information (i.e. name or contact information of agent or property preservation vendor) changes.

(5) The city may utilize a third-party to administer the program and cause or direct all relevant information to be submitted to the third-party administrator.

Sec. 86-97. Maintenance.

(1) The owner or creditor of a vacant commercial or industrial building is required to conduct regular inspections, at the minimum once a month, to ensure property is compliant with all City building, housing, and property maintenance codes.

(2) For all properties registered pursuant to section 86-96, if the city determines the property is in violation of any ordinance regulating a nuisance, the city may notify the owner or creditor of the violation by providing notice of the violation by electronic mail, U.S. mail identified on the submitted registration form.

(3) The city may require the owner to correct the violation and may require creditor to correct the violation to the extent consistent with the terms of the mortgage or other rights and interests in the property.

(4) A notice of violation shall include a description of the conditions that give rise to the violation and shall provide a period of not less than 30 (thirty) days to remedy the violation from the owner’s or creditor’s receipt of the notice. The Building and Code Enforcement Department may require expedited maintenance actions in certain emergency situations, such as vandalism, unsecured entranceways, and criminal activity, etc.

Sec. 86-98. – Enforcement.

(1) The owner’s or creditor’s failure to remedy the violation within the period required by the notice of violation shall be an offense against the City of Gadsden and shall be punishable by a fine not to exceed five hundred dollars ($500.00) per offense. The Building Official or his designee may issue a citation to the owner or creditor for violations of the provisions of this article.

(2) Any owner or creditor that fails to register commercial or industrial building or residential property shall be subject to a fine of one hundred dollars ($100.00) payable to the city for each day of delinquency.

Sec. 86-99. – Administrative fees.

(1) Any owner or creditor of a commercial or industrial building required to be registered by this article shall pay to the city a registration fee in the following amount:

1,000 sq. ft. – 2,500 sq. ft. – $300.00

2,501 sq. ft. – 5,000 sq. ft. – $350.00

5,001 sq. ft. – 7,500 sq. ft. – $400.00

7,501 sq. ft. – 10,000 sq. ft.  – $450.00

10,001 sq. ft and up – $500.00

(2) The registration of a commercial or industrial building shall be valid for 12 (twelve) months from the date of registration. The owner or creditor shall renew the registration every 12 (twelve) months so long as the property meets the criteria requiring registration as established by this article. The owner or creditor shall pay a renewal registration fee in the same amount as the initial registration fee.

(3) The city may contract with a third-party administrator to assess, charge, and collect all registration and renewal fees due and payable pursuant to this article. In such event, the owner or creditor shall pay the registration and renewal fees directly to the contracted third-party administrator.

(4) For properties registered under section 86-96(1), the owner or creditor is not required to renew the registration when, before the expiration of 12 (twelve) months from the date of registration or renewal, the property is legally re-occupied, or the property is transferred to an unaffiliated third-party.

(5) For properties registered under section 86-96(2), the creditor is not required to renew the registration when, before the expiration of 12 (twelve)months from the date of registration or renewal, the foreclosure action is dismissed, or the property is transferred to an unaffiliated third party. If the foreclosure action is dismissed however the property remains vacant, the annual renewal is still required.

(6) The creditor is not required to renew the registration when, before the expiration of six (6) months from the date of registration or renewal, the creditor releases the lien and removes the creditor’s interest in the property.

Sec. 86-100. – De-registration.

When any registered property that transfers to an unaffiliated third party, or the foreclosure action is dismissed, and the property is occupied, or is legally re-occupied and not subject to a foreclosure action, or the registering creditor releases the lien, the owner or creditor shall de-register the property using the forms and instructions provided by the city or its third-party administrator.

Sec. 86-101. – Exemptions.

(1) The Chief Building Official or his/her designee may exempt a property from the registration and fee requirements of this article in the following instances:

(a) The property is habitable wherein all building systems are in sound working order which is evidenced by the issuance of a certificate of occupancy, and the building and grounds are maintained in good order, and the building is being actively marketed for sale or rental and actively maintained. Evidence of property being marketed for sale or rent could include but not limited to, retaining a licensed real estate agent or broker to list the property for sale or rent, taking out advertisements in various media forms such as, newspapers and online services, and need to be provided to the designated municipal official. The Building and Code Enforcement Department may request additional information, for example any available photos, price, and agent information.

(b) An owner submits signed contract/permits to the Building and Code Enforcement Department demonstrating that the property will be rehabilitated and restored to productive use and occupancy within twelve (12) months following the initial property registration along with a certified letter from a licensed contractor or architect stating that the property is capable of being rehabilitated and restored to productive use and occupancy within the twelve (12) months following the initial property registration, provided, the property is actively maintained in the interim. The Building and Code Enforcement Department may request additional information, for example any available photos, plot plan, layout plan, etc.

(c) The owner certifies to the Building and Code Enforcement Department that the vacancy is a result of damage from a natural disaster in the past six (6) months and the owner is actively seeking insurance proceeds or Federal/State assistance to rehabilitate the property. The owner is required to update the Building and Code Enforcement Department monthly until property is rehabilitated.

(d) The owner certifies the vacancy is a result of a fire in the past thirty (30) days and the owner is actively seeking insurance proceeds to rehabilitate the property. The owner is required to update the Building and Code Enforcement Department monthly until property is rehabilitated.

(e) The owner certifies to the designated municipal official that the vacancy is not an abandonment and is utilized as a vacation home, or conversely the property is vacant while the owner resides at a vacation home and the subject property is actively maintained.

(f) The owner is on active duty with any branch of the U.S. Armed Services.

(2) In determining whether to grant a request for exemption, the Chief Building Official or his/her designee shall consider the following:

(a) The applicant’s prior record as it pertains to the city’s housing, building, fire, and property maintenance code violations.

(b) The amount of vacant property that the applicant currently has within the city and the length of time that the property for which the exemption is sought has been vacant.

(c) The proximity of the vacant property to a school or other property that require additional safety considerations.

Section 2. The section, subsections, paragraphs, sentences, clauses and phrases of this ordinance are severable.  If any section, subsection, paragraph, sentence, clause and phrase of this ordinance is declared unconstitutional or invalid by a valid judgment of a court of competent jurisdiction, such judgment shall not affect the validity of any other section, subsection, paragraph, sentence, clause and phrase of this ordinance.  The city council declares that it is its intent that it would have enacted this ordinance without such invalid or unconstitutional provisions. 

Section 3. The provisions of this ordinance repeal any prior ordinance or provision of the Gadsden City Code to the extent of any conflict.

Section 4.  This ordinance shall become effective upon publication.

Adopted by the City Council of Gadsden on December 19, 2023.            

Iva Nelson, City Clerk

January 19, 2024

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