Legals for 12/09/2022 – 12/15/2022

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NOTICE OF FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Mark A. Boren and Vicky L. Boren, husband and wife, to Mortgage Electronic Registration Systems, Inc., as Mortgagee, as nominee for Peoples Independent Bank, its successors and assigns, on July 6, 2018, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, on July 17, 2018, as Document Number 3470809. FirstBank, the current holder, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Etowah County Courthouse, in Gadsden, Alabama, on January 4, 2023, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

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

Lots Six (6) and Seven (7) in Berkley Hills Subdivision, Second Addition, according to the map thereof recorded in Plat Book “J”, Page 40, Probate Office, Etowah County, Alabama, and lying and being in Southside, Etowah County, Alabama.

Also: Begin at an existing pinch pipe marking the SW corner of Lot 5, Berkley Hills Subdivision, 2nd Addition, as recorded in Plat Book “J”, Page 40 Probate Office, Etowah County, Alabama, and run North 90 deg East along the South line of Lot 5 a distance of 243.19 feet to an iron pin set (1/2” rebar with cap stamped JBW&T, Inc., CA-0046LS) marking the SE corner of Lot 5; thence run North 09 deg 19’00” West along the East line of Lot 5 a distance of 33.00 feet to an iron pin set; thence run South 82 deg 12’14” West a distance of 240.07 feet to the point of beginning, said parcel of land being a portion of Lot 5, Berkley Hills Subdivision, 2nd Addition, as recorded in Plat Book “J”, Page 40, Probate Office, Etowah County, Alabama; lying and being in Southside, Etowah County, Alabama, containing 0.09 acres, more or less.

More commonly known as: 3302 Berkley Hills Drive East, Southside, AL 35907

This Property will be sold on as “as is, where is” basis, 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 part of the foreclosure process. This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expense of foreclosure. The successful bidder must tender certified funds by noon the next business day to Law Office of Halliday, Watkins & Mann, P.C.  Certified funds must be in the form of a wire transfer, bank or credit union’s cashier’s check, or bank official check payable to Halliday, Watkins & Mann, P.C. Halliday, Watkins & Mann, 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. If sale is voided, Mortgagee/Transferee shall return the bid amount to the successful purchaser and the Mortgagee/Transferee shall not be liable to the purchase for any damages. If the sale is set aside for any reason, the purchaser at the sale shall be only entitled to a return of the deposit and bid amount, if paid. The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit is purchase price against the expenses of sale and indebtedness secured by the real estate. This sale is subject to postponement or cancellation.

FirstBank (“Transferee”)

Halliday, Watkins & Mann, P.C.

244 Inverness Center Drive

Birmingham, AL 35242

Phone: (801) 355-2886

November 25,

December 2 and 9, 2022

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NOTICE OF MORTGAGE FORECLOSURE

Whereas, default has been made in the mortgage executed on the 4TH of December, 2018, by LONNIE EZELL and wife HATTIE M. SNYDER-EZELL, as mortgagors in favor of SHELBY E. COCHRAN as mortgages, as recorded in the Office of the Judge of Probate of Etowah County, Alabama, in instrument number 3477017, and said default continuing the mortgagee, under power of sale contained in said mortgage will sell at auction for cash to the highest bidder at the front doors of the Etowah County Courthouse in Gadsden, Alabama, during legal hours of sale on the 28th day of December, 2022, the following described real estate embraced in said mortgage, situated in Etowah County, Alabama, to-wit:

Lot One (1), in Block Number Four (4) of Mary k. Foster Heirs, as recorded in Plat Book A, Page 314 Probate Office, Etowah County, Alabama, STREET ADDRESS 721 S. 10th Street, Gadsden, Etowah County, Alabama.

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

Mortgagee reserves the right to bid on the subject property.  Said PROPERTY WILL BE SOLD ON AN AS IS, WHERE IS BASIS, SAID PROPERTY WILL BE SOLD WITHOUT WARRANTY 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.  Property also will be sold subject to unpaid taxes, easements, or assessments whether of record or not. 

Luther Dickie Abel

Attorney for Shelby E. Cochran

408 South 4th Street

Gadsden, AL. 35901

December 2, 9 and 16, 2022

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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 mort-gage executed by James K Garmany And Courtney N Garmany Husband And Wife to Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for Fairway Independent Mortgage Corporation, its successors and assigns dated October 24, 2019; said mortgage being recorded on October 29, 2019, as Instrument No. 3492680 in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to Lake-view Loan Servicing, LLC in Instrument 3536239 in the Office of the Judge of Probate of Etowah County, Alabama.

The undersigned, Lakeview Loan Servicing, LLC, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the main entrance of the Court House in Etowah County, Alabama during the legal hours of sale (be-tween 11am and 4pm), on the 21st day of November, 2022 the following property, situated in Etowah County, Alabama, to-wit:

Lot 23, 24 and 25 in Block C of the Sims Addition to Glencoe, in Etowah County, Alabama, which plat is recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Plat Book C, Page 227, being a part of that portion of the Northwest quarter of Section 29, Town-ship 12 South, Range 7 East.

Said property is commonly known as 309 Taylor Rd, Glencoe, AL 35905.

Should a conflict arise between the property address and the legal description the legal description 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.

LAKEVIEW LOAN SERVICING, LLC

as holder of said mortgage

McCalla Raymer Leibert Pierce, LLC

Two North Twentieth

2 20th Street North, Suite 1000

Birmingham, AL 35203

(800) 275-7171

FT21@mccalla.com

File No. 22-03812AL

www.foreclosurehotline.net

The Messenger

10/14/2022,10/21/2022,10/28/2022,12/09/2022

AMENDMENT TO NOTICE OF MORTGAGE FORECLOSURE SALE

The sale date under the above mentioned Notice of Mortgage Foreclosure Sale has been post-poned until December 21, 2022, and public notice thereof having been given, the above notice is hereby republished with this amendment.

December 9, 2022

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FILE CLAIMS

Brianna Lowe was/were appointed Personal Representative(s) on 11/10/2022 to the Estate of David Trottier, 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

November 25,

December 2 and 9, 2022

_____________

FILE CLAIMS

Tracy Darlene Beard Felton was/were appointed Personal Representative(s) on 11/16/2022 over the Estate of Sarah M. Beard, 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

November 25,

December 2 and 9, 2022

______________

FILE CLAIMS

Robin Moody was/were appointed Personal Representative(s) on 11/07/2022 over the Estate of Guy Victor Solley, 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

November 25,

December 2 and 9, 2022

_____________

FILE CLAIMS

Michelle Helm was/were appointed Personal Representative(s) on 11/04/2022 over the Estate of Mariah Brooke Helm, 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

November 25,

December 2 and 9, 2022

______________

FILE CLAIMS

Ernest Calloway, III. was/were appointed Personal Representative(s) on 11/03/2022 over the Estate of Ernest Calloway, Jr., 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

November 25,

December 2 and 9, 2022

_____________

FILE CLAIMS

Leigh Behrens Koon and Jonathan August Behrens was/were appointed Co-Personal Representative(s) on 11/02/2022 to the Estate of Melissa H. Behrens a/k/a Melissa Louise Behrens, 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

November 25,

December 2 and 9, 2022

______________

FILE CLAIMS

Ila Burton was/were appointed Personal Representative(s) on 11/02/2022 to the Estate of Harold L. Burton, 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

November 25,

December 2 and 9, 2022

______________

FILE CLAIMS

Keith Davenport was/were appointed Personal Representative(s) on 11/09/2022 to the Estate of Judy Nell Davenport, 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

November 25,

December 2 and 9, 2022

_____________

FILE CLAIMS

Carol Brock was/were appointed Personal Representative(s) on 11/14/2022 to the Estate of Sarah Jane Anthony, 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

December 9, 16 and 23, 2022

_____________

FILE CLAIMS

Robert Christopher Garrett was/were appointed Personal Representative(s) on 11/04/2022 to the Estate of Robert Charles Garrett, deceased, Probate Court of Etowah County, Alabama noti-fies all persons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

December 9, 16 and 23, 2022

_____________

FILE CLAIMS

Monte Joel Hill and Barbara Jean Stanley was/were appointed Personal Representative(s) on 11/01/2022 to the Estate of Florence Emma Beasley Hill, 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

December 9, 16 and 23, 2022

_____________

FILE CLAIMS

George M. Petty, Jr. was/were appointed Personal Representative(s) on 11/03/2022 to the Estate of George McLeod Petty, Sr., 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

December 9, 16 and 23, 2022

_____________

FILE CLAIMS

Larry Hugh Smith was/were appointed Personal Representative(s) on 10/31/2022 to the Estate of Faye W. Smith, 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

December 9, 16 and 23, 2022

_____________

FILE CLAIMS

Andrew Davis Bailey, Esq. was/were appointed Personal Representative(s) on 11/08/2022 to the Estate of Larry Adair, deceased, Probate Court of Etowah County, Alabama notifies all per-sons that claims not filed within six months will be barred.

Scott W. Hassell

Judge of Probate

December 9, 16 and 23, 2022

_____________

NOTICE TO FILE

CLAIMS

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN RE:  THE ESTATE OF BILLY GALE LANKFORD, DECEASED

CASE NO:  S-12274

Take notice that Letters of Testamentary having been granted to AUGUSTINA MARIE HERRING and HEATHER RENEE STATON, as co-Personal Representatives of the Estate of BILLY GALE LANKFORD, deceased, on the 10th day of November 2022, by this Court. 

Notice is hereby given that all persons having claims against said estate are hereby required the same within the time allowed by law, or in the same will be barred. 

Scott W. Hassell

Judge of Probate

November 25,

December 2 and 9, 2022

______________

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

Notice to: Any unknown family members, whose whereabouts are unknown

You will take notice that a Petition for Letters of Guardianship for the person of Riley Ripley and a Petition for Letters of Conservatorship over the estate of Riley Ripley was filed by Gadsden Regional Medical Center on the 7th day of DECEMBER, 2022.

A hearing on the Petition for Letters of Guardianship and Petition for Letters of Conservatorship is set on the 17th day of JANUARY 2023, at 2:30 p.m., in the Probate Court of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama 35901.

December 9, 16, and 30, 2022

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

Notice to:  Any unknown family members, whose whereabouts are unknown

You will take notice that a Petition for Letters of Guardianship for the person of Deborah Sjoberg and a Petition for Letters of Conservatorship over the estate of Deborah Sjoberg was filed by Gadsden Regional Medical Center on the 22nd day of November 2022.

A hearing on the Petition for Letters of Guardianship and Petition for Letters of Conservatorship is set on the 3rd day of January 2023, at 2:00 o’clock p.m., in the Probate Court of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama, 35901.

December 2, 9, and 16, 2022

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NOTICE OF PETITION FOR FINAL SETTLEMENT

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

In Re: The Estate of WILLIAM T. YARBROUGH, Deceased

Case No.: S-11767

Notice to:

Gaynell Knight, 609 Pinedale Drive, Bessemer, Alabama 35022

Bobbie Perry, 408 Carrie Avenue, Tarrant City, Alabama 36217

Steve Yarbrough, 689 Boat Landing Road, Oneonta, Alabama 35121

Ernest Vardaman, 7424 Emerald Drive, Manassas, Virginia 20109

Stacy Smith, 702 White Street, Geneva, Alabama 36340

Kenneth John Nelson, Jr., DC A60014, NWFRC Annex, 4455 San Mitchell Drive Chipley, Florida 32428

Gary Bice, 8728 Emerald Lake Drive, West, Pinson, Alabama 35126

Lori Hall, 1604 Elkwood Drive, Fultondale, Alabama 35068

Wendy Lyles, 1443 Acorn Way, East, Mount Olive, Alabama 35117

Rodney Berry, whose whereabouts are unknown

Patricia Grissom, whereabouts are unknown

Unknown heirs, whose whereabouts are unknown

You will take notice that a Petition for Final Settlement has been filed by June Ford Lay in the matter of the Estate of William T. Yarbrough. This matter is set to be heard on the 30th day of January 2023, at 10:30 o’clock A.M. before the Honorable

Scott W. Hassell, Judge of Probate, 800 Forrest Avenue, Gadsden, Alabama 35901.

Scott W. Hassell

JUDGE OF PROBATE

December 2, 9 and 16, 2022

______________

NOTICE OF PETITION FOR FINAL SETTLEMENT

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

In Re: The Estate of James Ray Ewing, Deceased.

Case No.: S-11412

Please take notice that a Petition for Final Settlement in the Estate of James Ray Ewing has been filed by Rebecca Ann Ewing on the 21st day of November, 2022.

A hearing on the Petition for Final Settlement is set on the 31st day of

January 2023, at 10:30 o’clock a .m., in Probate Court of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama 35901.

Scott W. Hassell,

Judge of Probate

December 9, 16 and 23, 2022

____________

NOTICE OF PUBLICATION

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF THE ESTATE OF RICHARD THOMAS MITCHELL, DECEASED.

CASE NO. S-12004

TO: DAVID KEITH MITCHELL, whereabouts unknown

You are notified to be and appear before me, at my office in the Courthouse of said County 10:00 a.m. on the 31st day of January ,2023, when the Petition for Final Settlement filed by ALFRED LARRY MITCHELL, will be considered, and show, if anything you have to allege, why said Petition should not be granted.

Scott W. Hassell

JUDGE OF PROBATE

December 9, 16 and 23, 2022

_____________

NOTICE OF CIVIL ACTION TO QUIET TITLE TO REAL PROPERTY

IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA

CITY OF RAINBOW CITY, ALABAMA,

PLAINTIFF

V.

CV-2022-110

A PARCEL OF LAND DESCRIBED AS

FOLLOWS:

LOT NUMBER FIFTY-SIX (56) IN HORIZON

PLACE, ACCORDING TO THE MAP OR

PLAT THEREOF RECORDED IN PLAT

BOOK “J”, PAGE 18, PROBATE OFFICE,

ETOWAH COUNTY, ALABAMA AND

LYING AND BEING IN RAINBOW CITY,

ETOWAH COUNTY, ALABAMA;

and

JANUEE WILKES, deceased, her unknown heirs and successors; SANDRA BARRON; PAM ELLER; ALABAMA MEDICAID AGENCY; INCLUDING ANY HEIRS OR DEVISEES OF THE SAME AND THOSE WHOSE ADDRESSES ARE UNKNOWN AND ANY AND ALL UNKNOWN PARTIES, including any persons claiming any present interest therein and including any persons claiming any future, contingent, reversionary, remainder, or other interest therein, who may claim any interest in the above described property,

DEFENDANTS.

NOTICE ISSUED TO THE FOLLOWING DEFENDANTS: Januee Wilkes, deceased, her unknown heirs and successors, Sandra Barron and her unknown heirs and devisees, if deceased, Pam Eller and her unknown heirs and devisees, if deceased, any and all unknown parties, including any persons claiming any present interest therein and including any persons claiming any future contingent, reversionary, reminder, or other interest therein, who may claim any interest in the above described real property:

LOT NUMBER FIFTY-SIX (56) IN HORIZON PLACE, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK “J”, PAGE 18, PROBATE OFFICE, ETOWAH COUNTY, ALABAMA AND LYING AND BEING IN RAINBOW CITY, ETOWAH COUNTY, ALABAMA.

Please take notice that the City of Rainbow City, Alabama has filed an action in the Circuit Court of Etowah County seeking to quiet title to the above described property.  The above named defendants, whose whereabouts are unknown, must answer said Complaint on or before January 15, 2023, or thereafter a judgment by default may be rendered against the said Defendants in Etowah County Circuit Court Case Number CV-2022-110.

Done this 1st day of December2022.

CASSANDRA “SAM” JOHNSON,

Clerk of the Court

J. Lance Smith

TURNBACH, WARREN, RICE, LLOYD,

FREDERICK & SMITH,  P.C.

ATTORNEYS FOR PLAINTIFF

P. O. Box 129

Gadsden, Alabama 35902-0129

December 2, 9, 16 and 23, 2022

______________

NOTICE OF MINOR NAME CHANGE HEARING

PROBATE COURT OF ETOWAH COUNTY

CASE NO. S-12271

To: THE UNKNOWN FATHER of C.B.G., a minor. Please take note that a petition to change the name of the above named minor child, who was born to Erin Elizabeth Knowles on or about the 18th day of February, 2011, has been filed in said Court. All persons interested may appear at said hearing set for January 30, 2023 at 10:00 a.m., and contest the said Petition if they think proper.

SCOTT W. HASSELL

JUDGE OF PROBATE

November 25, December 2, 9, and 16, 2022                                                                                                                                   

___________

JOB COMPLETION

FORM OF ADVERTISEMENT FOR COMPLETION LEGAL NOTICE In accordance with Chapter 1, Title 39, Code of Alabama, 1975, notice is hereby given that Alabama Grading & Excavation, LLC, has completed the Street Resurfacing on Leigh Avenue, Fourth Street, Plainview Drive, Cornelia Drive and Blue Creek Road located at Hokes Bluff, AL for the City of Hokes Bluff, Owner(s), and have made request for final settlement of said Contract. All persons having any claim for labor, materials, or otherwise in connection with this project should immediately notify Adam Lea, PE, Ladd Environmental Consultants, Inc at 1207 Chitwood Avenue SE, Ft Payne, AL 35968-1609 by December 16th, 2022.

November 18, 25, December 2 and 9, 2022

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JOB COMPLETION

FORM OF ADVERTISEMENT FOR COMPLETION LEGAL NOTICE In accordance with Chapter 1, Title 39, Code of Alabama, 1975, notice is hereby given that Alabama Grading & Excavation, LLC, has completed the I-59 Crossing and Pineview Main Replacement located at Attalla, AL for The Water Works Board of the City of Attalla, Owner(s), and have made request for final settlement of said Contract. All persons having any claim for labor, materials, or otherwise in connection with this project should immediately notify James G Chitwood, PE, Canyon Engineering, 404 1st Street E, Fort Payne, AL 35967 by December 16th, 2022.

November 18, 25, December 2 and 9, 2022

____________

JOB COMPLETION

Vulcan Materials Asphalt & Construction, LLC hereby gives notice of completion for 2021 (FY 2020) City of Gadsden Community Development Street Resurfacing Project – Gadsden Bid Request No. 3460. This notice will appear for four consecutive weeks beginning on

December 9, 2022 and ending on December 30, 2022.

All claims should be filed at

Vulcan Materials Asphalt & Construction, LLC

P.O. Box 1890, Gadsden, Alabama, 35902 during this period.

December 9, 16, 23 and 30, 2022

_____________

PUBLIC NOTICE

The Board of Adjustments will hold a public hearing on Tuesday, December 20, 2022 at 5:00 p.m. in the Council chambers of Attalla City Hall located at 612 4th Street NW, Attalla, AL 35954. The following items will be considered:

Variance requested and filed by Staci Butts to build two new homes located at 624 Rothrock Avenue, Lots 11 &12, Attalla AL 35954.

Variance requested and filed by Traci Gray, Carrie Rowe and Jessica Berry with House of Glam for a 4 x10 sign located at 608 Gilbert Ferry Road, Attalla, AL 35954.

City of Attalla

P.O. Box 210

612 Fourth Street, NW

Attalla, AL 35954

256-538-9986

December 9 and 16, 2022

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NOTICE TO CONTRACTORS

Sealed proposals will be received by the City Clerk, City of Gadsden, Alabama, at the City Hall, 90 Broad Street, Room 411, Gadsden, Alabama until 2:00 P.M., Tuesday, January 3, 2023, for the 2023 City of Gadsden Cemetery Lawn Maintenance Bid, Bid Request No. 3495, located in the City of Gadsden, Alabama.

Bids submitted prior to the bid opening by mail shall be directed to “City Clerk, P.O. Box 267, Gadsden, Alabama 35902-0267” or in person delivered to the office of the City Clerk, Room 401, City Hall, 90 Broad Street, Gadsden, Alabama.

Bids will be publicly opened and read at the above time and place. Specifications and contract documents are open to the public for inspection at the City Hall. Electronic (pdf) specifications and contract documents can be distributed at no cost. All bidders must be registered with the City of Gadsden Engineering Department in order to submit a bid. Bids received from unregistered bidders will be rejected.

The bidder shall file with his bid either a cashier’s check drawn on an Alabama bank, payable to the City of Gadsden, Alabama, or a bid bond executed by a surety company duly authorized and qualified to make such bonds in Alabama, in an amount equal to the lesser of five percent (5%) of the bid or ten thousand ($10,000).

The Owner reserves the right to waive any informalities or to reject any and all bids.

The successful bidder will be required to furnish and pay for the satisfactory Performance and Payment Bond or Bond in the amount required by Section 39-1-1(a), Code of Alabama 1975, and evidence of insurance as required by the bid documents within ten (10) days after being notified that he has been awarded the contract.

No bidder may withdraw his bid within sixty (60) days after the actual date of the opening thereof.  The bidder must comply with all requirements of the public works bid law Section 39-2-1 et seq., Code of Alabama 1975.

Any bidder, whether a resident or non-resident of the State of Alabama, must comply with all applicable provisions of Section 34-8-1, et. seq., Code of Alabama, 1975, including requirements for licensing as a general contractor and the necessity to show evidence of license, with a specialty in landscaping or grass cutting, before the bid will be considered by the awarding authority.  A current license number must be included on the bid.

Bidders must comply with the President’s Nos. 11246 and 11375 which prohibit discrimination in employment regarding race, creed, color, sex, or national origin. Bidders must also comply with Title IV of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of1968, and Section III of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu.

By signing this contract, the contracting parties affirm, for the duration of the agreement, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the state of Alabama. Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of the agreement and shall be responsible for all damages resulting therefrom.

Bidders must certify that they do not and will not maintain or provide for their employees any facilities that are segregated on a basis of race creed, color, sex, or national origin.  Bidders must also certify they will make facilities handicap accessible to the extent required by law.

THE CITY GADSDEN, ALABAMA

Craig Ford, Mayor

Iva Nelson, City Clerk

December 9, 2022

_____________

NOTICE OF PUBLIC HEARING

Notice is hereby given to AGATHA BRYANT, 617 POLK STREET, GADSDEN, ALABAMA 35901, 1301 FLORENCE AVENUE, GADSDEN, ALABAMA 35901, 1303 FLORENCE AVENUE, GADSDEN, ALABAMA 35901, possible rights of redemption of GLENDA KAYE TAYLOR, 215 OAK DRIVE, GADSDEN, ALABAMA 35903, BELINDA VERNELL GREEN, 109 S. 11TH STREET, GADSDEN, ALA-BAMA 35901, THE ESTATE OF ELZORAH ROBBIN HANN, and/or the lawful heirs, successors, or assigns of the above stated parties, believed to have or claim an interest in the property described below, that at a regular meeting of the Council of the City of Gadsden to be held in the Council Chamber at City Hall on TUESDAY, DECEMBER 20, 2022 at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located 1303 FLORENCE AVENUE (County records list property address as 1301 FLORENCE AVENUE) in District 1 in the City of Gadsden, more particularly described as:

T/S-2012-235 Lots 1, 2, 3 of Block 4 of Rearrangement of Block 1, 2, 3, 4 of Sunnyside Addition according to the Plat Book C, Page 407, Probate office, Etowah County, Alabama.

is a nuisance in violation of the Gadsden City Code and whether it should be abated. 

You may appear and present any relevant evidence to the Council regarding the alleged nuisance and its abatement.                                                                                                                                                                              

Brian Harbison                                                  

BUILDING OFFICIAL                                                                                                               

City of Gadsden                                                 

P.O. Box 267                                                    

Gadsden, AL  35902                                             

(256) 549-4529          

December 9, 2022

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NOTICE OF PUBLIC HEARING

Notice is hereby given to MICHAEL HEAD, 305 MISTLETOE HOLLOW ROAD, GADSDEN, ALABAMA 35901, 611 POLK STREET, GADSDEN, ALABAMA 35903, believed to have or claim an in-terest in the property described below, that at a regular meeting of the Council of the City of Gadsden to be held in the Council Chamber at City Hall on TUESDAY, DECEMBER 20, 2022 at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located 611 POLK STREET in District 2 in the City of Gadsden, more particularly described as:

Lots #34 and #35, Block #5, East View Addition to Gadsden, Alabama, as same is recorded in the office of the Judge of Probate of Etowah County, in Book “C”, Pages 10-11, all being in the City of Gadsden, Etowah County, Alabama.

is a nuisance in violation of the Gadsden City Code and whether it should be abated. 

You may appear and present any relevant evidence to the Council regarding the alleged nuisance and its abatement.                                                                                                                                                                                      

Brian Harbison                                                  

BUILDING OFFICIAL                                                                                                               

City of Gadsden                                                 

P.O. Box 267                                                    

Gadsden, AL  35902                                             

(256) 549-4529                      

December 9, 2022                                                                                                                                            

_____________

RESOLUTION

NO. R-320-22

Ordering Abatement of Nuisance                                                                       

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

207 2ND STREET N in District 2 in the City of Gadsden, more particularly described as:

Lot 21 and 22, in Block “4”, of the Amended Map of Elmwood North Subdivision, as recorded in Plat Book “B”, Page 327, Probate Office, Etowah County, Alabama.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to WALEED ABBASSY, 506 COUNTRY CLUB PLACE, GADSDEN, AL, 207 2ND STREET N, GADSDEN, AL, subject to a mortgage in favor of WALEED ABASSY, 506 COUNTRY CLUB PLACE, GADSDEN, AL. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, 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, Alabama, at an open public meeting held on November 29, 2022.

Iva Nelson, City Clerk   

December 9, 2022

____________

RESOLUTION

NO. R-321-22

Ordering Abatement of Nuisance                                                                      

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

1400 WALNUT STREET in District 5 in the City of Gadsden, more particularly described as:

The North 100 feet of Lot Number Fifteen (15), in what is known as Block Number One (1) in the O.J. Stock Addition, according to the map or plat thereof as the same appears of record in Block Of Town Plats B, Page 147, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama.

is a nuisance and ordered its abatement; and

Whereas, as required by the City Code, notice of a public hearing has been given to JACKIE JORDAN, 1400 WALNUT STREET, GADSDEN, AL, subject to a mortgage in favor of WILLIE K. GRIFFIN and ALICE RUTH MCCOY GRIFFIN, subject to a mortgage of CITY OF GADSDEN, 90 BROAD STREET, GADSDEN, AL. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, 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, Alabama, at an open public meeting held on November 29, 2022.

Iva Nelson, City Clerk   

December 9, 2022   

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ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT NOTICE OF A PROPOSED MEDICAL WASTE MANAGEMENT FACILITY UNDER THE ALABAMA SOLID WASTES & RECYCLABLE MATERIALS

MANAGEMENT ACT AND REQUEST FOR COMMENTS

PUBLIC NOTICE – 422

Etowah County

MWT AL OPS, LLC has applied for a Medical Waste Treatment Facility Permit (Permit Number TRTS080421-2802) that would authorize the treatment of certain medical waste using an approved pyrolysis technology at a facility to be located at 4618 Airport Road in Rainbow City, Etowah County, Alabama. On January 10, 2022, the Rainbow City Council granted local approval to MWT AL OPS, LLC to operate a new solid waste management facility for the treatment of medical waste. The proposed facility will have offices, a treatment area, and parking that will be surrounded by a fence and a locked gate.

The Assessment Section of the Environmental Services Branch has determined that the equipment and operations proposed by the company should be able to meet all applicable requirements of the ADEM Administrative Code Division 17 regulations.

Copies of the public notice, proposed permit, and application are available for public inspection electronically via www.adem.alabama.gov/newsEvents/publicNotices.cnt and at the following location Monday – Friday (except legal holidays), 8:00 am to 5:00 pm by appointment. A nominal fee for copying and/or mailing may be charged. Arrangements for copying should be made in advance.

Russell A. Kelly, Chief

ADEM- Permits and Services Division

1400 Coliseum Blvd.

[Mailing address: PO Box 301463; Zip 36130-1463]

Montgomery, Alabama 36110-2400

(334) 271-7714

permitsmail@adem.alabama.gov

Persons wishing to comment may do so, in writing or by email, to the Department’s named contact above within 35 days following the publication date of this notice. In order to affect final decisions, comments must offer technically substantial information that is applicable to the proposed permit or application.

A written request for a public hearing may also be filed within that 35-day period and must state the nature of the issues proposed to be raised in the hearing. The Director shall hold a public hearing upon receipt of a significant number of technical requests.

After consideration of all written comments, review of any public hearing record, and consideration of the requirements of the Alabama Solid Wastes & Recyclable Materials Management Act, and applicable regulations, the Department will make a final determination. The Department will develop a response to comments which will be posted to the Department’s website at http://app.adem.alabama.gov/eFile/. To find the response to comments and final permit determination, you may search by the permit number listed in this notice.

The Department maintains a list of interested individuals who are emailed legal notices regarding proposed permits. If you wish to receive such notices, please sign up here by entering your email address on the left side of the page and clicking the submit button.

Notice is hereby given this 12th day of December, 2022, by authorization of the Alabama Department of Environmental Management.

Lance R. LeFleur

Director

Nondiscrimination Statement: The Department does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in the administration of its programs.

December 9, 2022                 

  ______________

LEGAL NOTICE

The following units will be auctioned or otherwise disposed of on December 13, beginning at 9:00 A.M. on the premises of Stock It & Lock it mini storage located at 3403 Rainbow Parkway, Rainbow City, AL. 35906

Alphonza Bothwell  – Unit 71-C

Tonia Goodwin  – Unit 186-G

Robin Prestige  – Unit 10-A, 472-N and 481-N

Stock It and Lock It Mini Storage

3403 Rainbow Parkway

Rainbow City, AL. 35906

December 2 and 9, 2022

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LEGAL NOTICE

The following units will be auctioned or otherwise disposed of on December 13, beginning at 9:00 A.M. on the premises of 77 Storage located at 2800 Forestdale Road, Southside, Al. 35907.

David McWhorter – Unit B13

77 Storage

2800 Forestdale Road

Southside, AL 35907

December 2 and 9, 2022

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NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on 12/30/2022

2014 Honda Accord   – VIN: 1HGCR2F 59EA225716

Thacker Towing

927 5th Ave NE

Attalla, AL 35954

(256) 546-9994

December 2 and 9, 2022

_____________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on 01/06/2023.

2007 Dodge Charger – VIN:  2B3KA43 G57H754346

A&J Towing LLC

412 Hastings Street

Gadsden, AL. 35904

December 2 and 9, 2022

______________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on 01/06/2023.

2008 Lincoln MKZ  – VIN: 3LNHM26T78R634563

Tommy Tows

3403 Forrest Ave

Gadsden, AL 35904

(256) 490-3715

December 2 and 9, 2022

_____________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on 01/14/2023.

2018 Toyota Camry. – VIN:  4T1B11HKXJU059340

A&J TOWING LLC

3514 Montrose Ave

Rainbow City, AL. 35906

December 9 and 16, 2022

_______________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on 01/27/2023.

2012 Nissan Altima  – VIN: 1N4AL2AP2CN523195

Thacker Towing

927 5th Ave NE

Attalla, AL 35954

(256) 546-9994

December 9 and 16, 2022

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