MORTGAGE FORECLOSURE NOTICE
STATE OF ALABAMA, COUNTY OF ETOWAH
Whereas, default having been made in the payment of of the indebtedness secured by that certain mortgage executed by Booker T. Taylor, to WinSouth Credit Union, on July 25, 2013, said mortgage, being recorded in the Office of the Judge of Probate of Etowah County as Document Number 3389357 on July 30, 2013, 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, WinSouth Credit Union, 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 4, 2025, the following described real estate situated in Etowah County, Alabama, to-wit:
The South 145 feet of the West 225 feet of Lot Number Four (4), and the North 35 feet of Lot Number Five (5) in Block Number One (1) of Second Addition of Paden Farm Subdivision, as recorded in Plat Book “C”,
“C”, Page 275, Probate Office, Etowah County, Alabama, less and except that part of Lot 5, Block 1, more particularly described as follows: The North 5 feet of the East 200 feet of Lot Five (5) in Block One (1) of the Second Addition of Paden Farm Subdivision according to the map or plat thereof recorded in Plat Book “C”, Page 275, in the Probate Office, and lying and being in Etowah County, Alabama.
Commonly known as 150 Paden Road, East Gadsden, AL 35903
Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure. This Property will be sold on an “as is, where is”
basis, subject to
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 Etowah County.
This property will be sold without warranty or recourse, expressed or implied as to title, use and/or use and/or enjoyment and will be sold subject to the rights of redemption by those parties entitled to redeem under the laws of the State of Alabama.
Winsouth Credit Union
BY: /s Jay E. Stover
JAY E. STOVER, ITS ATTORNEY 301 Broad Street
Gadsden, Alabama 35901
Phone (205) 546-9205
January 31, 2025, February 7, and 14, 2025
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NOTICE OF MORTGAGE FORECLOSURE SALE
STATE OF ALABAMA COUNTY OF ETOWAH
PLEASE TAKE NOTICE THAT default has occurred in the payment of the indebtedness secured by that certain mortgage executed by MARK BLACKWELL and CANDI BLACKWELL dated December 14, 2012, to originally in favor of LIBERTY BANK, recorded on December 21, 2012 in Instrument Number 3378409 in the Office of the Judge of Probate of Etowah County, Alabama, and which Mortgage was modified by that certain Modification of Mortgage dated March 27, 2020 executed by MARK BLACKWELL and CANDI BLACKWELL, as Mortgagors, to LIBERTY BANK, as Mortgagee, recorded on April 9, 2020 in Instrument Number 3500587 in the Office of the Judge of Probate of Etowah County, Alabama, and which was duly assigned by LIBERTY BANK to DRY GROUND INVESTMENTS, LLC on December 5, 2024, recorded on December 5, 2024 in Instrument Number 3584449 in the Office of the Judge of Probate of Etowah County, Alabama. Because of said default, the undersigned Mortgagee under and by virtue of the power of sale contained in the mortgage as amended and assigned, DRY GROUND INVESTMENTS, LLC, as mortgagee/assignee will sell at public outcry to the highest bidder for cash in front of the courthouse door of the Etowah County Courthouse at Gadsden, Alabama, on the 25th day of February 2025, during the legal hours of sale, the following described real estate located in ETOWAH COUNTY, ALABAMA, to wit:
Beginning at the Southeast Corner of the Northwest Quarter of the Southeast Quarter of Section 11, Township 10 South, Range 5 East, Etowah County, Alabama; thence North 89 degrees 00 minutes 00 seconds West along the South line of said Northwest Quarter for a distance of 770.00 feet to a point on the East right of way line of Leeth Gap Road; thence North 27 degrees 58 minutes 07 seconds West along said East right of way line for a distance of 135.10 feet to a point of the South right of way line of Sardis Road; thence North 79 degrees 26 minutes 19 seconds East along said South right of way line for a distance of 250.00 feet; thence continuing along said South right of way line the following: North 71 degrees 39 minutes East for a distance of 150.00 feet; thence North 63 degrees 12 minutes East for a distance of 200.00 feet; thence North 50 degrees 58 minutes 50 seconds East for a distance of 287.32 feet; thence leaving said South right of way line South 02 degrees 30 minutes 43 seconds East for a distance of 464.47 feet to the point of beginning; said parcel containing 4.7 acres more or less and lying in the Northwest Quarter of the Southeast Quarter of Section 11, Township 10 South, Range 5 East, Etowah County, Alabama; According to the survey prepared by Donald R. Jarrells PLS/AL. Reg. No. 9979 dated December 14, 2000.
The property address, which is for information purposes only, is 4110 Sardis Road, Boaz, Alabama 35956. This property will be sold on an “as is, where is” basis, subject to any easements, encumbrances, mineral rights, if any, and exceptions reflected in the mortgage as amended and assigned and those contained in the records of the Office of the Judge of Probate of the County where the above-described property is situated, 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.
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 successful bidder must tender a non-refundable deposit of Fifteen Thousand Dollars ($15,000.00) in certified funds made payable to DRY GROUND INVESTMENTS, LLC at the time and place of the sale. The balance of the purchase price plus any deed recording costs and transfer taxes must be paid in certified funds by noon the next business day at the Law Office of McLaughlin & Edmondson, LLC at the address indicated below. McLaughlin & Edmondson, LLC reserves the right to award the bid to the next highest bidder should the highest bidder fail to timely tender the total amount due.
THIS SALE is made for the purpose of paying the indebtedness secured by the said mortgage as amended and assigned, as well as the expenses of the foreclosure. 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.
RODNEY L. EDMONDSON
McLaughlin & Edmondson, LLC
Attorneys and Auctioneer for DRY GROUND INVESTMENTS, LLC, Mortgagee/Assignee
North Main Street
Arab,AL. 35016
(256) 931-2520
February 7, 14, and 21, 2025
____________
NOTICE OF SHERIFF’S SALE
By virtue of a Writ of Execution issued out of the State of Alabama, Department of Revenue of Montgomery County, Alabama, and to me directed whereby I am commanded to make the amount of judgment ($98,651.74 plus daily interest) recently obtained against Marty Naylor in favor of State of Alabama, Department of Revenue out of the good, chattels, lands and tenements of the said Marty Naylor.
I have levied on the following property, to-wit:
H/S BASE YEAR-LT 149.5×291.6 LYING IN SW % SE 1⁄4 5-10-6 1385-441, D-1977-1552, D-2011-335124, D-2011-3358221
Parcel 03-03-05-0-000-034.000 PPIN 001287
Property Address 171 Underwood Road, Boaz, Al. 35956
**ALL PROPERTY SOLD SUBJECT TO ANY/ALL MORTGAGES, TAXES, LIENS, EASEMENTS, AND/OR ENCUMBRANCES. WILL BE SOLD “AS IS WHERE IS”. PURCHASER PAYS COST OF ADVERTISING
AND OTHER LAWFUL CHARGES AND FEES.
Therefore, according to said command, I shall expose for sale at public auction, all the right, title and interest of the above Marty Naylor in and to the above-described property, on the 3rd day of March 2025, during the legal hours of sale, at the Courthouse in Etowah County, Alabama. The sale is scheduled for 11:00 A. M.
Jonathon W. Horton
Sheriff, Etowah County
February 14, 21 and 28, 2025
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FILE CLAIMS
Heath Watkins was/were appointed Personal Representative(s) on 05/31/2024 to the Estate of Carolyn Sue Dial, 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 31, February 7 and 14, 2025
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FILE CLAIMS
James Matthew Turner was/were appointed Personal Representative(s) on 01/17/2025 to the Estate of Cynthia Dover Turner, 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 31, February 7 and 14, 2025
____________
FILE CLAIMS
Phillip Heath Troiani was/were appointed Personal Representative(s) on 01/13/2025 to the Estate of Paul James Troiani, 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 31, February 7 and 14, 2025
____________
FILE CLAIMS
Jacob Millican, Esq. was/were appointed Personal Representative(s) on 11/20/2024 to the Estate of Delores Runyan Frazier, 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 31, February 7 and 14, 2025
____________
FILECLAIMS
Bradley Sewell was/were appointed Personal Representative(s) on 01/08/2025 to the Estate of Barney Jerry Sewell, 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 31, February 7 and 14, 2025
_____________
FILE CLAIMS
Kathy R. Holland was/were appointed Personal Representative(s) on 01/09/2025 to the Estate of Rickey R. Holland, 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 31, February 7 and 14, 2025
_____________
FILE CLAIMS
Charles A. Bryant and Cynthia D. Crawford was/were appointed Personal Representative(s) on 01/07/2025 to the Estate of Charles Edward Bryant, 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 31, February 7 and 14, 2025
____________
FILE CLAIMS
Timothy Gene Kitchens was/were appointed Personal Representative(s) on 10/14/2024 over the Estate of Ginger Denise Norton, 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 31, February 7 and 14, 2025
___________
FILE CLAIMS
Kristi Bohannon was/were appointed Personal Representative(s) on 10/18/2024 to the Estate of Carole Cornell, 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 31, February 7 and 14, 2025
____________
FILE CLAIMS
Kimberly Dawn Hester Rigsby was/were appointed Personal Representative(s) on 12/04/2024 over the Estate of Denise Carol Geer, 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 31, February 7 and 14, 2025
____________
FILE CLAIMS
Maria B. Perry was/were appointed Personal Representative(s) on 12/04/2024 over the Estate of Johnnie Frank Perry, 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 31, February 7 and 14, 2025
____________
FILE CLAIMS
William Bryan Stone, II was/were appointed Personal Representative(s) on 12/06/2024 to the Estate of Ann C. Stone, a/k/a Eugenia Ann Stone, 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 31, February 7 and 14, 2025
____________
FILE CLAIMS
Richard E. Govignon was/were appointed Personal Representative(s) on 12/13/2024 to the Estate of Richard Govignon, 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 31, February 7 and 14, 2025
____________
FILE CLAIMS
Raley L. Wiggins was/were appointed Personal Representative(s) on 12/13/2024 over the Estate of Elecia Diane Reeves, 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 31, February 7 and 14, 2025
____________
FILE CLAIMS
Nancy Ramey Hunt and Donna Ramey Nicholson was/were appointed Co-Personal Representative(s) on 12/11/2024 to the Estate of Francis Y. Ramey, a/k/a Mary Frances Ramey, 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 31, February 7 and 14, 2025
____________
FILE CLAIMS
Charlott Annett Rothstein Keys was/were appointed Personal Representative(s) on 12/13/2024 over the Estate of Daniel Frederick Keys, 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 31, February 7 and 14, 2025
____________
FILE CLAIMS
Joe Gamberi was/were appointed Personal Representative(s) on 12/23/2024 to the Estate of Robert Allen Bruton, 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 31, February 7 and 14, 2025
____________
FILE CLAIMS
Stacey Gary was/were appointed Personal Representative(s) on 12/27/2024 over the Estate of Emma Faye Gary, 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 31, February 7 and 14, 2025
____________
FILE CLAIMS
Christopher William Richardson and Jennifer Lynn Richardson was/were appointed Co-Personal Representative(s) on 12/30/2024 to the Estate of Mark Dewayne Richardson, 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 31, February 7 and 14, 2025
____________
FILE CLAIMS
Cheryl R. Midgley was/were appointed Personal Representative(s) on 01/08/2025 to the Estate of Charles S. Midgley, 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 31, February 7 and 14, 2025
_____________
FILE CLAIMS
Bennett D. Tucker, Jr., Amanda Tucker Cabaniss and Traci Tucker Dewar was/were appointed Co-Personal Representative(s) on 01/09/2025 to the Estate of Bennett D. Tucker, 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
February 7, 14 and 21, 2025
____________
FILE CLAIMS
Betty Ruth White was/were appointed Personal Representative(s) on 1/23/2025 over the Estate of William E. White, 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
February 14, 21, and 28, 2025
____________
FILE CLAIMS
LaShonda Lynn Dobbins was/were appointed Personal Representative(s) on 1/22/2025 to the Estate of Willie Vernard Dobbins, 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
February 14, 21, and 28, 2025
___________
FILE CLAIMS
Lisa Holcombe Hester was/were appointed Personal Representative(s) on 1/28/2025 to the Estate of Charles R. Holcombe, 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
February 14, 21, and 28, 2025
___________
FILE CLAIMS
Louis Kemp was/were appointed Personal Representative(s) on 11/22/2024 to the Estate of Estella Mae Wilson, 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
February 14, 21, and 28, 2025
____________
FILE CLAIMS
Jacob Millican was/were appointed Personal Representative(s) on 1/31/2025 to the Estate of Roxie Janet 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
February 14, 21, and 28, 2025
____________
FILE CLAIMS
Jacob Millican was/were appointed Personal Representative(s) on 1/31/2025 over the Estate of Judy Marie Gill, 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
February 14, 21, and 28, 2025
____________
FILE CLAIMS
Karen Heath Entrekin and Randy Shane Heath was/were appointed Personal Representative(s) on 02/06/2025 to the Estate of Gail R. Heath, 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
February 14, 21, and 28, 2025
____________
FILE CLAIMS
Lisa Keeton Williams was/were appointed Personal Representative(s) on 01/23/2025 to the Estate of Bettye Keeton, 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
February 14, 21, and 28, 2025
____________
FILE CLAIMS
Jonathan Mark Atchley was/were appointed Personal Representative(s) on 01/28/2025 to the Estate of Charles Edward Atchley, 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
February 14, 21, and 28, 2025
____________
FILE CLAIMS
Jamie Bridges Walden was/were appointed Personal Representative(s) on 10/25/2024 over the Estate of Kathy Lee Bridges, 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
February 14, 21, and 28, 2025
____________
FILE CLAIMS
Regina Phillips was/were appointed Personal Representative(s) on 01/17/2025 to the Estate of Ronald Dutton, 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
February 14, 21, and 28, 2025
____________
FILE CLAIMS
Kimberly Lynn Boyd was/were appointed Personal Representative(s) on 01/28/2025 to the Estate of Trina Marie Sweet, 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
February 14, 21, and 28, 2025
____________
FILE CLAIMS
Nica Lea Hodge was/were appointed Personal Representative(s) on 01/28/2025 to the Estate of Donna Lou Fish, 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
February 14, 21, and 28, 2025
____________
FILE CLAIMS
Gregory Tyler Reeves was/were appointed Personal Representative(s) on 01/21/2025 over the Estate of Gregory Lamar Reeves, 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
February 14, 21, and 28, 2025
____________
FILE CLAIMS
Richard Allen Bard was/were appointed Personal Representative(s) on 01/27/2025 to the Estate of William Jimmy 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
February 14, 21, and 28, 2025
____________
FILE CLAIMS
Billy W. Green was/were appointed Personal Representative(s) on 01/22/2025 to the Estate of Sandra G. Boyd, 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
February 14, 21, and 28, 2025
_____________
NOTICE OF HEARING
IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA
IN THE MATTER OF: JOHNNY STEVEN MOORE, INCAPACITATED
Case #: 2024-400
TO: Any interested party
Please take notice that a PETITION FOR THE SALE OF REAL PROPERTY belonging to the above referenced incapacitated individual was filed in the Office of the Judge of Probate, and further, that the 24th day of FEBRUARY 2025 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 28TH DAY OF JANUARY 2025.
Scott Hassell
PROBATE JUDGE
January 31, February 7 and 14, 2025
____________
NOTICE OF HEARING
IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA
IN THE MATTER OF: BOBBY J. MCCAIN, INCAPACITATED
Case #: S-3778
TO: Any unknown family
Please take notice that a PETITION FOR LETTERS OF GUARDIANSHIP & CONSERVATORSHIP of the above referenced incapacitated individual was filed in the Office of the Judge of Probate, and further, that the 5th day of MARCH 2025 at 2:30 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 27TH DAY OF JANUARY 2025
Scott Hassell
PROBATE JUDGE
January 31, February 7 and 14, 2025
___________
NOTICE OF HEARING
IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA
IN THE MATTER OF: KAREN FAYE
WILLIAMS TUCKER, INCAPACITATED
Case #: I-282
TO: Any unknown family
Please take notice that a MOTION TO AMEND LETTERS OF GUARDIANSHIP of the above referenced incapacitated individual was filed in the Office of the Judge of Probate, and further, that the 25TH day of FEBRUARY 2025 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 28TH DAY OF JANUARY 2025
Scott W. Hassell
PROBATE JUDGE
January 31, February 7 and 14, 2025
_______________
NOTICE OF HEARING
IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA
IN THE MATTER OF: PRICE K. EATMAN,
INCAPACITATED
Case #: 2024-227
TO: Any interested party
Please take notice that a PETITION FOR THE SALE OF REAL PROPERTY belonging to the above referenced incapacitated individual was filed in the Office of the Judge of Probate, and further, that the 19th day of MARCH 2025 at 1:30p.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 31ST DAY OF JANUARY 2025.
Scott Hassell
PROBATE JUDGE
February 7, 14, and 21, 2025
_____________
NOTICE OF HEARING
IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA
IN RE: THE ESTATE OF MYRA K. CROCKETT, DECEASED.
Case No.: 2024-00626
TO: ANY INTERESTED PARTY
Please take notice that a Petition to Approve Sale of Real Property was filed in the Office of
the Judge of Probate, Etowah County, Alabama and further, that the 31st day of MARCH, 2025
at 10:00 a.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 31st DAY OF January 2025
Scott W. Hassell
Judge of Probate
February 7, 14, and 21, 2025
____________
NOTICE OF HEARING
IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA
IN RE: THE ESTATE OF EDWARD BYNUM, DECEASED.
Case No.: S-12247
TO: ANY INTERESTED PARTY
Please take notice that a Motion to Compel Final Settlement was filed in the Office of the
Judge of Probate, Etowah County, Alabama and further, that the 4th day of MARCH, 2025 at
10:30 a.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 24th DAY OF JANUARY 2025
SCOTT W. HASSELL
JUDGE OF PROBATE
February 7, 14, and 21, 2025
_____________
NOTICE OF HEARING
IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA
IN THE MATTER OF:
MITCHELL G. CHILDERS,
Case #: 2025-68
ALLEGED INCAPACITATED
TO: Layla Matthews and any unknown family
Please take notice that a PETITION FOR LETTERS OF GUARDIANSHIP & CONSERVATORSHIP of the above referenced incapacitated individual was filed in the Office of the Judge of Probate, and further, that the 17 day of MARCH 2025 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 FEBRUARY 2025
Scott Hassell
PROBATE JUDGE
February 14, 21, and 28, 2025
______________
NOTICE OF PETITION FOR LETTERS OF GUARDIANSHIP AND PETITION FOR LETTERS OF CONSERVATORSHIP
Notice to: Unknown family members, whose whereabouts are unknown
You will take notice that a Petition for Letters of Guardianship for the person of Brenna Gilbert and a Petition for Letters of Conservatorship over the estate of Brenna Gilbert was filed by Gadsden Regional Medical Center on the 24TH day of JANUARY 2025.
A hearing on the Petition for Letters of Guardianship and Petition for Letters of Conservatorship is set on the 24th day of FEBRUARY 2025, at 2:00 p.m. in the Probate Court of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama 35901.
Scott W. Hassell
Judge of Probate
January 31, February 7 and 14, 2025
______________
NOTICE OF PETITION FOR LETTERS OF GUARDIANSHIP AND PETITION FOR LETTERS OF CONSERVATORSHIP
Notice to: John Babbino, whose whereabouts are unknown
You will take notice that a Petition for Letters of Guardianship for the person of Stephen J.
Babbino and a Petition for Letters of Conservatorship over the estate of Stephen J. Babbino was filed by Gadsden Regional Medical Center on the 27TH day of JANUARY 2025.
A hearing on the Petition for Letters of Guardianship and Petition for Letters of Conservatorship is set on the 5th day of MARCH 2025, at 2:00 p.m. in the Probate Court of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama 35901.
Scott W. Hassell
Judge of Probate
January 31, February 7 and 14, 2025
_____________
NOTICE OF PETITION FOR LETTERS OF GUARDIANSHIP AND PETITION FOR LETTERS OF CONSERVATORSHIP
Notice to: Donna Chi, whose last known address is 2715 Pleasant Valley Road, Apt. 4, Attalla, AL 35954
Theresa Ducote, whose whereabouts are unknown
You will take notice that a Petition for Letters of Guardianship for the person of Leeann M.
Burch and a Petition for Letters of Conservatorship over the estate of Leeann M. Burch was filed by Gadsden Regional Medical Center on the 27th day of JANUARY 2025.
A hearing on the Petition for Letters of Guardianship and Petition for Letters of Conservatorship is set on the 5th day of MARCH 2025, at 1:30 p.m., in the Probate Court of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama 35901.
Scott W. Hassell
Judge of Probate
January 31, February 7 and 14, 2025
_____________
NOTICE OF PETITION FOR LETTERS OF GUARDIANSHIP AND PETITION FOR LETTERS OF CONSERVATORSHIP
Notice to: Ben Pike, whose whereabouts are unknown
You will take notice that a Petition for Letters of Guardianship for the person of Gregory
Lee Pike and a Petition for Letters of Conservatorship over the estate of Gregory Lee Pike was filed by Gadsden Regional Medical Center on the 31ST day of JANUARY, 2025.
A hearing on the Petition for Letters of Guardianship and Petition for Letters of Conservatorship is set on the 18th day of MARCH 2025, at 1:30 p.m., in the Probate Court of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama 35901.
Scott W. Hassell
Judge of Probate
February 7, 14 and 21, 2025
________________
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 Edna Brotman and a Petition for Letters of Conservatorship over the estate of Edna Brotman was filed by Gadsden Regional Medical Center on the 12th day of FEBRUARY 2025.
A hearing on the Petition for Letters of Guardianship and Petition for Letters of Conservatorship is set on the 18TH day of MARCH 2025, at 2:30 p.m., in the Probate Court of Etowah County, Alabama, 800 Forrest Avenue, Gadsden, Alabama 35901.
Scott W. Hassell
Judge of Probate
February 14, 21, and 28, 2025
____________
NOTICE OF CONDEMNATION-FORFEITURE ACTION
STATE OF ALABAMA, ex rel: Gadsden Police Department Street Crime Unit,
IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA CIVIL DIVISION
CASE NO: CV-24-900596-WBO
PLAINTIFF
VS.
2 Gambling Device
$977.52 U.S. Currency
DEFENDANTS
In Re: Mahmood Albusasi
Address Unknown
Property Sized From:
1101 West Meighan Boulevard
Gadsden, AL. 35901
TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE
INTEREST IN THE HEREINABOVE DESCRIBED PROPERTY AND CURRENCY:
WHEREAS, the State of Alabama has filed its complaint in the above-described action seeking condemnation, forfeiture, and ultimate disposition of the above-described property and currency. You are hereby notified that you must answer said Complaint by the 27th day of March 2025. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.
DONE this the 16th day of January 2025.
Cassandra Johnson, Circuit Clerk
Etowah County, Alabama
January 24, 31, February 7 and 14, 2025
_____________
NOTICE OF CONDEMNATION-FORFEITURE ACTION
STATE OF ALABAMA, ex rel: Gadsden Police Department Street Crime Unit,
IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA CIVIL DIVISION
CASE NO: CV-24-900424-CDR
PLAINTIFF
VS.
12 Gambling Device
$4,886.00 U.S. Currency
DEFENDANTS
In Re: James Elliott
285 Yancey Drive
Hokes Bluff, AL. 35903
In Re: John Turner
216 Casey Drive
Gadsden, AL. 35903
Property Sized From:
213 E. Broad Street
Gadsden, AL. 35903
TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE
INTEREST IN THE HEREINABOVE DESCRIBED PROPERTY AND CURRENCY:
WHEREAS, the State of Alabama has filed its complaint in the above-described action seeking condemnation, forfeiture, and ultimate disposition of the above-described property and currency. You are hereby notified that you must answer said Complaint by the 15th day of March 2025. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.
DONE this the 15th day of January 2025.
Cassandra Johnson, Circuit Clerk
Etowah County, Alabama
January 24, 31, February 7 and 14, 2025
_____________
NOTICE OF CONDEMNATION-FORFEITURE ACTION
STATE OF ALABAMA, ex rel: Gadsden Police Department Street Crime Unit,
IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA CIVIL DIVISION
CASE NO: CV-24-900424-CDR
PLAINTIFF
VS.
2 Gambling Device
DEFENDANTS
In Re: Sanjay Patel
Address Unknown
Property Sized From:
232 West Meighan Boulevard
Gadsden, AL. 35901
TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE
INTEREST IN THE HEREINABOVE DESCRIBED PROPERTY:
WHEREAS, the State of Alabama has filed its complaint in the above-described action seeking condemnation, forfeiture, and ultimate disposition of the above-described property. You are hereby notified that you must answer said Complaint by the 15th day of March 2025. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.
DONE this the 15th day of January 2025.
Cassandra Johnson, Circuit Clerk
Etowah County, Alabama
January 24, 31, February 7 and 14, 2025
______________
NOTICE OF CONDEMNATION-FORFEITURE ACTION
STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,
IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA
CIVIL DIVISION
CASE NO: CV-24-900424-BTC
PLAINTIFF
VS.
10 GAMBLING
DEVICES
$946.00 U.S.
CURRENCY
Mp25 .25 Auto
SN#1817218
DEFENDANTS
In Re: ELIJAH BYNUM
1209 Monte Vista Drive
Gadsden, AL. 35901
Property Seized From:
1229 Franklin Street
Gadsden, AL. 35904
TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE
INTEREST IN THE HEREINABOVE DESCRIBED PROPERTY:
WHEREAS, the State of Alabama has filed its complaint in the above-described action seeking condemnation, forfeiture, and ultimate disposition of the above-described property and currency. You are hereby notified that you must answer said Complaint by the 25th day of March 2025. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.
DONE this the 23rd day of January 2025
Cassandra Johnson, Circuit Clerk
Etowah County, Alabama
January 31, February 7, 14, and 21, 2025
_____________
NOTICE OF PUBLICATION
IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA
Case No.: CV-2024-900248
Crook, Carl, Plaintiffs,
VS
Martin, Quincia,
Martin, D’Andrea, Defendants.
Quincia Martin who may claim an interest in the property located at 726 Sunnydale Drive, Gadsden, AL. 35901, must file an Answer with the Clerk of the Court within 30 days of the last date of this notice of thereafter a judgement by Default may be rendered against them.
Cassandra Johnson
Circuit Court Clerk
David C. Livingston
Attorney for Plaintiff
P.O. Box 161
Gadsden, AL. 35901
(256)546-9300
January 24, 31, February 7, and 14, 2025
_____________
NOTICE OF PUBLICATION
IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA
RUSSELL EDWARDS, PLAINTIFF,
VS.
CASE NO.: CV-2024-900277
CASEY RYAN SHERRELL, DEFENDANT.
CASEY RYAN SHERRELL is hereby notified that Russell Edwards, has filed a Complaint in the Circuit Court for Etowah County, Alabama. The style of said action being identified as CV-2024-900277. The above named person, entities and all other persons or entities, known or unknown, are hereby notified that they must file an answer to said complaint in the identified civil action on or before or thereafter, a judgment by default may be rendered against them in said Civil Action No. CV-2024-900277.
Dated: 1/30/25
Cassandra Johnson,
Clerk, Etowah County Circuit Court
F. Michael Haney
Attorney for Plaintiff
235 Broad Street
Gadsden, Alabama 35901
(256) 546-1656
February 7, 14, 21, and 28, 2025
_____________
PUBLICATION NOTICE
IN THE DISTRICT COURT OF ETOWAH COUNTY, ALABAMA
DANNY STOWERS,
VS
CASE NO: DV-24-900834
CHRISTIAN FORD
NOTICE OF BREACH OF CONTRACT AND NEGLIGENCE ACTION
CHRISTIAN FORD’S whereabouts are unknown, must answer DANNY STOWER’S Complaint for Breach of Contract and Negligence and other relief by CHRISTIAN FORD, or thereafter, a Judgement by Default may be rendered against Christian Ford in Case No: DV-24-900834, Circuit Court of Etowah County, Alabama.
Dated: February 4, 2025
Cassandra Johnson,
Circuit Clerk
Clark Hall
Attorney for the Plaintiff
750 Forrest Avenue
Gadsden, AL. 35901
(256)549-4357
February 7, 14, 21, and 28, 2025
______________
NOTICE OF HEARING
IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA
In The Matter of the Adoption Petition of DONALD RAY BACON And JUDY DARNELL BACON
CASE NO.: 2024-00689
TO: CAIN PHILLIPS AND/OR ANY UNKNOWN
FATHER
Address unknown.
Please take notice that a petition for adoption of a child born to Christin R. Gulledge has been filed in said Court by the Petitioner(s) named above. The minor child’s date of birth is September 6, 2019. As a notified party, you may appear in the adoption proceeding to contest or support the attached petition. Please be advised that if you intend to contest this adoption, you must file a written response within thirty (30) days of service of this notice with counsel for said Petitioner, whose name and address are as shown below and with the Clerk of the Probate Court at the following address: P.O. Box 187, Gadsden, AL 35902. If you fail to respond within thirty (30) days and appear at the hearing, the Court may construe that failure as an implied consent to the adoption and waiver of a right to appear and of further notice of the adoption proceedings. If the adoption is approved, your parental rights, if any, will be considered terminated.
Attorney for Petitioner:
Savannah Lane Long
P.O. Box 8241
Gadsden, AL 35902
256-312-9553
Given under my hand this the 29th day of January 2025.
Scott W. Hassell
JUDGE OF PROBATE
February 7, 14, 21, and 28, 2025
____________
NOTICE OF HEARING
IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA
In The Matter of the Adoption Petition of JOSEA DANIEL CABRERA FLORES
CASE NO.: 2024-00044
TO: UNKNOWN FATHER
Address unknown.
Please take notice that a petition for adoption of a child born to Joanna Ramos Cabrera has been filed in said Court by the Petitioner(s) named above. The minor child’s date of birth is June 20, 2010. As a notified party, you may appear in the adoption proceeding to contest or support the attached petition. Please be advised that if you intend to contest this adoption, you must file a written response within thirty (30) days of service of this notice with counsel for said Petitioner, whose name and address are as shown below and with the Clerk of the Probate Court at the following address: P.O. Box 187, Gadsden, AL 35902. If you fail to respond within thirty (30) days and appear at the hearing, the Court may construe that failure as an implied consent to the adoption and waiver of a right to appear and of further notice of the adoption proceedings. If the adoption is approved, your parental rights, if any, will be considered terminated.
Attorney for Petitioner: Tammy Parris
945 Chestnut Street
Gadsden, AL 35901
Phone 256-547-9222
Given under my hand this the 7th day of February. 2025
Scott W. Hassell
Judge of Probate
February14, 21, 28, and March 7, 2025
______________
NOTICE OF CIVIL ACTION
IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA
CASE NO. CV-2024-900413.00
Baldwin Sally, A.
Plaintiff
V.
Morgan, Anita
Defendant
Upon consideration of the Motion and Affidavit for Service upon the Defendant, Anita Morgan by publication, and it appearing to the Court that the Defendant is avoiding service and/or cannot be personally served at 3398 Green Valley Road, Southside, AL. 35907, the Motion for Services by Publication is hereby GRANTED.
IT IS THEREFORE ORDERED that Plaintiff counsel shall provide a Notice of Civil Action to The Messenger, a Newspaper of General Circulation in Etowah County, giving notice to the Defendant of this Ejectment Action. Said Notice shall be published once a week for four consecutive weeks in THE MESSENGER, a newspaper of General Circulation in Etowah County, Alabama.
DONE this 22nd day of January, 2025
Sonny J. Steen
Circuit Judge
DAVID LIVINGSTON
Attorney for Plaintiff
P.O. Box 1621
Gadsden, AL. 35902
(256)546-9300
January 24, 31,
February 7 and 14, 2025
_____________
NOTICE OF COMPLAINT
IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA
KATHY LEE,
PLAINTIFF
VS
CASE NO.: CV-2025-900021
SAMMY HERRON,
ET AL.,
DEFENDANTS
The Defendants, Sammy Herron, Estella Herron, and Cicero Curry, whose whereabouts are unknown, and any other persons claiming any present, future, contingent, remainder, reversion, or other interest in the lands described below, must answer Plaintiff’s Complaint filed in the above referenced court and case number within thirty (30) days of the completion of the publication of thereafter a judgement of default may be rendered against you in the above-styled case.
The subject property is described as follows:
LOT 1, BLOCK A, HIGHLAND PARK ADDITION, AS RECORDED IN PLAT BOOK “B”, PAGE 164, IN THE PROBATE OFFICE OF ETOWAH COUNTY, ALABAMA.
Done the 30th day of
January, 2025.
Cassandra Johnson
Clerk of the Circuit Court of Etowah County
Jason Knowles,
Knowles & Sullivan, LLC
413 Broad Street
Gadsden, AL 35901
256-547-7200
February 7, 14, 21, and 28, 2025
_____________
NOTICE OF HEARING
IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA
In The Matter of the Adoption Petition of BRANDON
SCOTT WILDER
CASE NO.:
2025-00001
TO: Bradley Watts
Address Unknown
Please take notice that a petition for adoption of a child born to Brooke Ellen Perry, a.k.a Brooke Perry Wilder, has been filed in said Court by the Petitioner(s) named above. The minor child’s date of birth is March 30, 2011. As a notified party, you may appear in the adoption proceeding to contest or support the attached petition. Please be advised that if you intend to contest this adoption, you must file a written response within thirty (30) days of service of this notice with counsel for said Petitioner, whose name and address are as shown below and with the Clerk of the Probate Court at the following address: P.O. Box 187, Gadsden, AL 35902. If you fail to respond within thirty (30) days and appear at the hearing, the Court may construe that failure as an implied consent to the adoption and waiver of a right to appear and of further notice of the adoption proceedings. If the adoption is approved, your parental rights, if any, will be considered terminated.
Attorney for Petitioner:
Shannon L. Millican
255 South 8th Street
Gadsden, AL 35901
Given under my hand this the 2nd day of January 2025.
Scott W. Hassell
Judge of Probate
January 31, February 7, 14, and 21, 2025
_____________
NOTICE OF COMPLAINT FOR BILL TO QUIET TITLE
IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA
DONALD BERKEY and
JUANITA BERKEY,
Plaintiff,
vs.
CV-2025-900032
A PARCEL OF LAND DESCRIBED AS FOLLOWS:
Lot Number Nineteen (19) in Block Number Eight (8) in the Woodlawn Addition, according to the map thereof recorded in Plat Book “A”, Page 15, Probate Office, and being in Gadsden, Etowah County, Alabama.
DELORES ANN VAUGHN, RANDOLPH WELLS and ALMA WELLS, 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 person claiming any future, contingent, reversionary, remainder, or
other interest therein, who may claim any interest in the above described property,
Defendants.
The Defendants, Delores Ann Vaughn, Randolph Wells and Alma Wells and/or their heirs or next of kin, and any other individuals who may claim an interest in the aforementioned property, whose whereabouts are unknown, must answer the Bill to Quiet Title filed by Donald and Juanita Berkey, within thirty (30) days of the completion of the publication or thereafter a judgment of default may be rendered against you in the aforementioned case.
Done the 23rd day of January, 2025.
CASSANDRA JOHNSON
Clerk of the Circuit Court of Etowah
County
Joshua B. Sullivan
Knowles & Sullivan, LLC
413 Broad Street
Gadsden, Alabama 35901
Phone (256)547-7200
Fax (256)467-6322
January 24, 31, February 7 and 14, 2025
_____________
NOTICE OF CIVIL ACTION TO QUIET TITLE TO REAL PROPERTY
IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA
Paul Skelton, Plaintiff,
V.
Civil Action no.CV-2024-900380
A tract of land described as Lot Numbers Twenty-two (22) to Thirty-three (33), both inclusive, in Block Number One (1), and Lots Numbers Six (6), Seven (7), Nine (9), Ten (10), Eleven (11), and Twelve (12), in Block Number Two (2), in Skelton’s Rearrangement of Lots Numbers 26, 27 and 28, in Block Twenty-five (25), of Cloverdale Subdivision, according to map of said Rearrangement recorded in Plat Book “D”, page 23, Probate Office, Etowah County, Alabama, and lying and being in Attalla, Etowah County, Alabama, Nell Skelton, the unknown heirs of Nell Skelton, if any, and all other persons claiming any present, future, contingent, remainder, reversion, or other interest in said property, Defendants, are hereby notified that Paul Skelton, Plaintiff, has filed in the Circuit Court of Etowah County, Alabama, a complaint for quiet title and other relief. The style of said action being identified as CV- 2024-900380. The above named person, entities and all other persons or entities, known or unknown, are hereby notified that they must file an answer to said complaint in the identified civil action on or before 3/31/2025, or thereafter, a judgment by default may be rendered against them in said Civil Action CV-2024-900380.
Done this 3rd day of January 2025
CASSANDRA JOHNSON,
CLERK OF COURT
Attorney for the Plaintiff
Elizabeth P. Haney,
PO Drawer 287
Gadsden, AL 35902
February 7, 14, 21, and 28, 2025
___________
NOTICE OF DIVORCE ACTION
TOSUBER BARROW, SR., whose whereabouts are unknown, must answer the complaint of Tamara Barrow, by answering a divorce and other relief, thirty (30) days from the date of the last publication or thereafter a judgment of default may be rendered against him in Civil Action No.: DR-25- 900022 Circuit Court of Etowah County, Alabama.
Dated February 3, 2025
Cassandra Johnson
CIRCUIT CLERK
John D. Floyd, Attorney for Plaintiff
808 Chestnut Street
Gadsden, AL. 35901
(256)547-6328
February 14, 21, 28, and March 7, 2025
_____________
ADVERTISEMENT FOR COMPLETION PORTABLE ICE-SKATING RINK
In accordance with Chapter 1, Title 39, Code of Alabama, 1975, Bob Smith Construction, Inc. hereby gives written notice of the completion of a contract with the City of Gadsden, Alabama, for the Portable Ice-Skating Rink project no. 3563, and has made request for final settlement of said Contract. This notice is to appear for four consecutive weeks, beginning Friday January 31, 2025 and ending on Friday February 21, 2025. All persons having any claim for labor, materials or otherwise in connection with this project should immediately notify Heath Williamson, Architect for City of Gadsden, P.O. Box 267, Gadsden, AL 35902-0267 during this period.
Bob Smith Construction, Inc.
8076 US Highway 11,
Springville, AL. 35146
Phone 205-655-9006
January 31, February 7, 14 and 21, 2025
_______________
Notice to Contractors Federal Aid Project No.STPSU-2819(252) ETOWAH COUNTY, ALABAMA
Sealed bids will be received by the Director of Transportation at the office of the Alabama Department of Transportation, Montgomery, Alabama until 10:00 AM on February 28, 2025 and at that time publicly opened for constructing the Widening, Resurfacing, and Traffic Stripe on Black Creek Parkway from the junction of Willis Creek Road to the junction of 11th Street in Gadsden. Length 0.566 mi.
The total amount of uncompleted work under contract to a contractor must not exceed the amount of his or her qualification certificate.
The Entire Project Shall Be Completed In Thirty-five (35) Working Days. A 5.00% DBE Contract Obligation Is Required.
A Bidding Proposal may be purchased for $5.00. Plans may be purchased for $17.00 per set. Plans and Proposals are available at the Alabama Department of Transportation, 1409 Coliseum Boulevard, Room E-108, Montgomery, AL 36110. Checks should be made payable to the Alabama Department of Transportation. Plans and Proposals will be mailed only upon receipt of remittance. No refunds will be made.
Minimum wage rates for this project have been pre-determined by the Secretary of Labor and are set forth in the advertised specifications. This project is subject to the contract work hours and Safety Standards Act and its implementing regulations.
Cashier’s check or bid bond for 5% of bid (maximum – $50,000.00) made payable to the Alabama Department of Transportation must accompany each bid as evidence of good faith.
The bracket range is shown only to provide general financial information to contractors and bonding companies concerning the project’s complexity and size. This Bracket should not be used in preparing a bid, nor will this bracket have any bearing on the decision to award this contract.
The Bracket Estimate On This Project Is From $682,493 To $834,159.
The proposed work shall be performed in conformity with the rules and regulations for carrying out the Federal Highway Act.
Plans and Specifications are on file in Room E-108 of the Alabama Department of Transportation at Montgomery, Alabama 36110.
In accordance with the rules and regulations of The Alabama Department of Transportation, proposals will be issued only to prequalified contractors or their authorized representatives, upon requests that are received before 10 AM., on the day previous to the day of opening of bids.
The bidder’s proposal must be submitted on the complete original proposal furnished him or her by the Alabama Department of Transportation.
The Alabama Department of Transportation, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000D TO 2000D-4 and Title 49 code of Federal Regulations, Department of Transportation, Subtitle A, Office of The Secretary, Part 21, nondiscrimination in federally-assisted programs of the Department of Transportation issued pursuant to such act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religion, sex, or national origin in consideration for an award.
The right to reject any or all bids is reserved.
JOHN R. COOPER
Transportation Director
February 7, 14, and 21, 2025
_____________
NOTICE TO CONTRACTORS STATE PROJECT NO.ATRP2-28-2023-418 ETOWAH COUNTY, ALABAMA
Sealed bids will be received by the Director of Transportation at the office of the Alabama Department of Transportation, Montgomery, Alabama until 10:00 AM on February 28, 2025 and at that time publicly opened for constructing the Micro- Milling, Resurfacing, and Traffic Stripe on Church Street from the junction of SR-77 to the junction of SR-25 (US-411) to include Traffic Signal Installations at various locations in Rainbow City. Length 0.357 mi.
The total amount of uncompleted work under contract to a contractor must not exceed the amount of his or her qualification certificate.
The Entire Project Shall Be Completed In One Hundred Twenty (120) Working Days. A 0.50% DBE Contract Obligation Is Required.
A Bidding Proposal may be purchased for $5.00. Plans may be purchased for $12.00 per set. Plans and Proposals are available at the Alabama Department of Transportation, 1409 Coliseum Boulevard, Room E-108, Montgomery, AL 36110. Checks should be made payable to the Alabama Department of Transportation. Plans and Proposals will be mailed only upon receipt of remittance. No refunds will be made.
Cashier’s check or bid bond for 5% of bid (maximum – $50,000.00) made payable to the Alabama Department of Transportation must accompany each bid as evidence of good faith.
The bracket range is shown only to provide general financial information to contractors and bonding companies concerning the project’s complexity and size. This Bracket should not be used in preparing a bid, nor will this bracket have any bearing on the decision to award this contract.
The Bracket Estimate On This Project Is From $1,119,291 To $1,368,022 .
Plans and Specifications are on file in Room E-108 of the Alabama Department of Transportation at Montgomery, Alabama 36110.
In accordance with the rules and regulations of The Alabama Department of Transportation, proposals will be issued only to prequalified contractors or their authorized representatives, upon requests that are received before 10 AM., on the day previous to the day of opening of bids.
The bidder’s proposal must be submitted on the complete original proposal furnished him or her by the Alabama Department of Transportation.
Section 34-8-8. Code of Alabama 1975 as amended states in part as follows: ‘… it will be necessary for him or her to show evidence of license before his or her bid is considered,’ Further, Section 34-8-8, Code of Alabama 1975 as amended also states in part as follows: ‘All Owners, Architects, and engineers receiving bids pursuant to this chapter shall require the person, firm, or corporation to include his or her current license number on the bid.’
The right to reject any or all bids is reserved.
JOHN R. COOPER
Transportation Director
February 7, 14, and 21, 2025
____________
ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT NOTICE OF UNDERGROUND STORAGE TANK (UST) CORRECTIVE ACTION PLAN
AND REQUEST FOR COMMENTS PUBLIC NOTICE – 201
Etowah County
Ms. Linda Mayo,121 Johnson Drive, Piedmont, Alabama is required by ADEM to implement a Corrective Action Plan for remediation of soil and/or groundwater which has resulted from a release from an underground storage tank located at Stop N Shop,11205 Rocky Ford Road, Piedmont, Alabama. The site is identified as Facility I.D. Number 16203-055-013996 and Incident Number UST92-09-18. The proposed remediation methods include shallow soil excavation and insitu chemical oxidation using Klozur.
Copies of the Corrective Action Plan for Stop N Shop are available for public inspection electronically via http://adem.alabama.gov/newsEvents/publicNotices.cnt and at the following location Monday – Friday (except legal holidays), 8:00 am to 5:00 pm. A nominal fee for copying and/or mailing may be charged. Arrangements for copying should be made in advance.
Russell A. Kelly, Chief
Permits and Services Division
ADEM
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 15 days following the publication date of this notice. Any person wishing to provide additional information regarding the Corrective Action Plan may do so.
A written request for a public meeting may also be filed within that 15-day period and must state the nature of the issues proposed to be raised in the meeting.
Notice is hereby given this 18th day of February, 2025, by authority 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.
February 14, 2025
______________
ADVERTISEMENT FOR BIDS
WATER WORKS AND SEWER BOARD OF THE TOWN OF SARDIS CITY
860 CHURCH STREET
SARDIS CITY, AL 35956
Separate sealed BIDS for the clearing and grubbing and relocation of approximately 1,260 LF 3” or 6” PVC water main, 80 LF of 8” or 10” road bore and case, gate valves, service connections and related appurtenances will be received by the Water Works and Sewer Board of the Town of Sardis City at the office of the Water Works and Sewer Board of the Town of Sardis City, 860 Church Street, Sardis City, AL 35956 until 2:00 P.M., CST, Tuesday, March 4, 2025, and then at said office publicly opened and read aloud.
The CONTRACT DOCUMENTS may be examined at the following locations:
Water Works and Sewer Board of the Town of Sardis City, Sardis City, AL
Ladd Environmental Consultants, Inc., Fort Payne, AL
Construct Connect Plan Room, 1-800-364-2059
Dodge Data & Analytics Plan Room
The Blue Book Plan Room
Copies of the CONTRACT DOCUMENTS may be obtained at the office of Ladd Environmental Consultants, Inc., located at P. O. Box 680869 (Zip 35968-1609), 1207 Chitwood Avenue, SE, Fort Payne, Alabama 35967-4822, (Phone: 256-845-5315) upon payment of a plan deposit of $100.00 for each set and includes a digital copy upon request. Alternatively, digital only copies of the CONTRACT DOCUMENTS may be obtained for a non-refundable fee of $20.00 from the stated office.
Unsuccessful bidders will be refunded 100% of the plan deposit for one set returned to the Engineer, in reusable condition, within 10 days after the bid opening. Additional sets obtained shall be refunded 50% of the plan deposit.
All non-bidders, subcontractors, vendors or dealers shall be refunded 50% of the plan deposit for each set returned to the Engineer, in reusable condition, within 10 days after the bid opening.
The plan deposit amount as indicated above is in accordance with Alabama Act No. 97-225 relating to the competitive bid laws for public works.
All Bidders must comply with the requirements of the State Licensing Board for General Contractors (Latest Edition) and with the Alabama Act No. 97-225 (Title 39, Code of Alabama, 1975 as amended) relating to competitive bid laws for public works.
All Bidders must be properly licensed in accordance with the requirements of the State Licensing Board for General Contractors (Chapter 8, Title 34, Code of Alabama, 1975 or latest).
This project is subject to the Build America, Buy America Act, enacted as part of the Infrastructure Investment and Jobs Act. The domestic content procurement preference requires that all iron, steel, manufactured products, and construction materials used in covered infrastructure projects are produced in the United States.
OWNER: WATER WORKS AND SEWER BOARD OF
THE TOWN OF SARDIS CITY
Loyd Richey, Chairman
Dated, February 11, 2025
February 14, 2025
_____________
LEGAL ZONING NOTICE
Notice is hereby given that on Thursday, February 27, 2025 at 8:30 a.m., the Board of Adjustment of the City of Gadsden will hold a public hearing in the City Council Chamber, First Floor, at City Hall, 90 Broad Street, Gadsden, Alabama to give all persons who desire an opportunity to be heard in opposition to or in favor of the following request:
“A request for Special Exception to operate a Child Day Care located inside a home. The Property is Zoned R-1, Single Family Residence on the following described property:
For a point of beginning, start at the Northeast Corner of the Northwest Quarter (NW 1/4) of the Southeast
Quarter (SE 114) and from thence run in a Southerly direction and along the East line thereof a distance of
317 feet to a point in the present South line of Hoke Street; thence in a Westerly direction and along the
present South line of Hoke Street a distance of 374.7 feet, which is the point of beginning, and from said
point of beginning run in a Southerly direction and at right angles to the present South line of Hoke Street
a distance of 200 feet; thence in a Westerly direction and parallel with the present South line of Hoke
Street a distance of 60 feet; thence in a Northerly direct ion, at right angles to Hoke Street, a distance of
200 feet to the present South line of Hoke Street; thence Easterly and along the present South line of
Hoke Street a distance of 60 feet to the point of beginning, and being a part of the Northwest Quarter
(NW l/4) of the Southeast Quarter (SEl /4) in Section Twelve (12), Township Twelve (12) South of
Range Six (6) East of Huntsville Meridian in Etowah County, Alabama, and being subject to the
restrictions mentioned in the deed from Joe Rhea and wife, Bessie Rhea, to Virginia B. Altham, dated
February 19, 1945, and recorded in Deed Record “6-Y”, Page 346, in the Office of the Judge of Probate
of Etowah County, Alabama. (Property Address being 1405 Hoke Street)
February 7 and 14, 2025
____________
LEGAL ZONING NOTICE
Notice is hereby given that on the day of February 26, 2025, at 4:00 p.m. the Planning Commission of the City of Gadsden will hold a regularly scheduled public hearing in the Council Chamber at City Hall, First Floor, 90 Broad Street to give all persons who desire an opportunity to be heard, in opposition to or in favor of, the following requests:
“A request for planning approval of rezoning property from an R-1, Single Family Residence to a I-1, Light Industrial District on the property described below:
Lots 1, 2, and 3 of the Page’s Rearrangement of Lot 2, Block 8, Ewing Addition, as recorded in Plat Book “E”, Page 21, Probate Office, Etowah County, Alabama, and lying and being in the City of Gadsden, Etowah County, Alabama. Vacant Lot (Property address being 140 Ewing Avenue)
February 14, 2025
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PUBLIC HEARING NOTICE CITY OF ATTALLA
THE CITY OF ATTALLA WILL HOLD PUBLIC HEARINGS TO DISCUSS THE REMEDIES FOR NUISANCE/ABATEMENT CASES THAT WILL COME BEFORE THE ATTALLA CITY COUNCIL ON MONDAY, FEBRUARY 17 AT 5:00 P.M. LOCATED AT 612 4TH STREET NW. ATTALLA, ALABAMA. THE FOLLOWING ADDRESSES WILL BE DISCUSSED.
702 9th Ave. SW
506 5th Ave NW
513 McElroy St. SE
105 Hughes Ave
City of Attalla
612 4TH Street NW.
Attalla, AL. 35954
February 14,2025
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NOTICE OF SALE
Notice is hereby given that the Contents of the following storage buildings will be SOLD by Off Campus Storage on February 28, 2025, at 10:00 A.M. at 474 George Wallace Drive, Gadsden, AL. 35903
Peggy Caldwell #39
Francesca Rodgers #119
Evett Rembert #67
Off Campus Storage
George Wallace Drive
Gadsden, AL. 358903
February 14 and 21, 2025
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NOTICE OF SALE
Notice is hereby given that the Contents of the following storage buildings will be SOLD/AUCTIONED by Southside Storage on March 1, 2025, at 10:00 am at 1476 Hwy77, Southside, AL.
Todd Bates U3
Gary Bailey U55
Donald Davie U101
February 14, 2025
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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 March 6, 2025
2015 Nissan Rouge VIN: JN8AS5M V3FW759253
2013 GMC Sierra VIN: 1GTN1TEXXDZ153237
1993 Jeep Wrangler VIN: 1J4FY19P6PP209196
2012 Ford Focus VIN: 1FAHP3F26CL402591
2010 Chev Traverse VIN: 1GNLRFED6AS122277
A&J Towing, LLC.
4975 Hopper Road
Altoona, AL. 35952
February 7 and 14, 2025
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NOTICE OF PUBLIC AUCTION OF ABANDONED VEHICLES
Please take NOTICE that Matt’s Towing will offer for sale at public auction to the highest bidder for cash the following abandoned motor vehicle 2010 Toyota Corolla vin# JTDBU4EE9AJ072304 The public auction will be held at Matt’s Towing 927 B 5th Ave NE Attalla AL 35954 at 10:00am on 03/25/2025. The Seller shall have a right to reject any bid that is unreasonably low. The seller expressly reserves the right to bid and purchase at the public auction.
February 7 and 14, 2025
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NOTICE OF PUBLIC AUCTION OF ABANDONED VEHICLES
Please take NOTICE that Matt’s Towing will offer for sale at public auction to the highest bidder for cash the following abandoned motor vehicle 2002 Toyota 4Runner vin# JT3GN86RX20254830 The public auction will be held at Matt’s Towing 927 B 5th Ave NE Attalla AL 35954 at 10:00am on 04/02/2025. The Seller shall have a right to reject any bid that is unreasonably low. The seller expressly reserves the right to bid and purchase at the public auction.
February 14 and 21, 2025
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NOTICE OF PUBLIC AUCTION OF ABANDONED VEHICLES
Please take NOTICE that Matt’s Towing will offer for sale at public auction to the highest bidder for cash the following abandoned motor vehicle 2009 Pontiac G5 vin# 1G2AS18H097177302 The public auction will be held at Matt’s Towing 927 B 5th Ave NE Attalla AL 35954 at 10:00am on 04/01/2025 The Seller shall have a right to reject any bid that is unreasonably low. The seller expressly reserves the right to bid and purchase at the public auction.
February 14 and 21, 2025
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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 April 4, 2025.
2003 Ford Mustang VIN: 1FAFP42R73F407023
2015 Ford Mustang VIN: 1FA6P8TH1F5372583
2001 Ford Econoline VIN: 1FBSS31L91HA57916
2006 Dodge Stratus VIN: 1B3EL46XX6N150865
2007 Chevrolet Uplander VIN: 1GNDV33177D212039
2005 BMW 745 VIN: WBAGN63565DS56666
2006 Chevrolet Trailblazer VIN:1GNDS13S562158496
2006 Honda Odyssey VIN: 5FNRL38756B070959
2006 Pontiac Grand Prix VIN2G2WP552061115082
2000 Honda Accord VIN: 1HGCG554XYA042314
Thacker Towing
927 5th Ave NE
Attalla, AL 35954
(256) 504-1605
February 14 and 21, 2025
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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 March 21, 2025
2014FORD FOCUS VIN: 1FADP3K21EL251537
1998 FORD F150 VIN: 1FTZX1720WNB69401
2006 GMC YUKON XL VIN: 1GKEC16Z86J147098
2004 LINCOLN TOWN CAR VIN: 1LNHM83W54Y627835
1988 HONDA ACCORD VIN: 1HGCA6162JA045454
1995 NISSAN TRUCK VIN: 1N6SD16S3SC424962
2008 TOYOTA CAMRY VIN: 4T1BK46KX8U570753
2002 HONDA ACCORD VIN: 1HGCG56722A042551
2006 CADILLAC ESCALADE VIN: 1GYEK63N26R156873
ER Towing
1733 Forrest Ave
Gadsden, AL 35901
(256)547-1549
February 14 and 21, 2025
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RESOLUTION NO. R-30-25
Ordering Abatement of Nuisance
Whereas, the Building Official has determined that a structure located at
935 S. 11TH STREET in District 5 in the City of Gadsden, more particularly described as:
Lot Number 18 In Block Number 8 in Woodland Addition, according to the map thereof recorded in Plat Book “A”, Page 15, Probate Office, Etowah County, Alabama.
Tax Parcel ID: 15-03-08-1-000-037.000
PIN# 39867
is a nuisance and ordered its abatement; and
Whereas, as required by the City Code, notice of a public hearing has been given to The Estate of STANLEY W. SIMMONS, 935 S. 11TH STREET, GADSDEN, ALA-BAMA 35901, personal representative of the Estate is LAVANN SIMMONS.
Now, Therefore, 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 on February 4, 2025.
Iva Nelson, City Clerk
February 14, 2025
_____________
RESOLUTION NO. R-31-25
Ordering Abatement of Nuisance
Whereas, the Building Official has determined that a structure located at
1018 PEACHTREE STREET in District 5 in the City of Gadsden, more particularly described as:
A lot or parcel of land described as beginning at the South line of Peachtree Avenue or Street, at a point which is 100 feet West of the Intersection of the South line of Peachtree Avenue or Street, with the Wet line of Oak Street and from thence run South and parallel with the West line of Oak Street a distance of 110 feet; thence West and parallel with the South line of Peachtree Avenue or Street a distance of 40 feet to the East side of the Alley; thence North and along the East side of the alley a distance of 110 feet to the South side of said Peachtree Avenue or Street; thence East and along the South side of said Avenue or Street a distance of 40 feet to the point of beginning. Said description embracing the West 40 feet of Lots #21 and #22, as deeded, or the West 40 feet of Lots #23 and #24, as platted, and the West 40 feet to the North 10 feet of Lot #20, as deeded, or the West 40 feet to the North 10 feet of Lot #22, as platted, all in Block #9 of the Woodlawn Addition according to the map or plat thereof recorded in Plat Book A, Page 15, Probate office, Etowah County, Alabama, lying and being in Gadsden, Alabama, Etowah County
Tax Parcel ID: 15-03-08-1-000-025.000
PPIN: 39853
is a nuisance and ordered its abatement; and
Whereas, as required by the City Code, notice of a public hearing has been given to MARISOL CHAVEZ & OSCAR NARCISO, 1526 NEEDMORE ROAD, ALBERTVILLE, ALABAMA 35950, 1018 PEACHTREE STREET, GADSDEN, ALABAMA 35901, Subject to that certain mortgage in favor of DONALD RAY PERKINS & JOHNNA PERKINS, 1526 NEEDMORE ROAD, ALBERTVILLE, ALABAMA 35950.
Now, Therefore, 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 on February 4, 2025.
Iva Nelson, City Clerk
February 14, 2025
_____________
RESOLUTION NO. R-32-25
Ordering Abatement of Nuisance
Whereas, the Building Official has determined that a structure located at
1013 SLUSSER AVENUE in District 2 in the City of Gadsden, more particularly described as:
Lot Number 9 in Block Number 32 in Garden City Residential Subdivision Number 1, according to the map thereof as recorded in Plat Book “C” page 408 and 409, 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 GUMERCINDO BERDUO FLORENCIO, 1013 SLUSSER AVENUE, GADSDEN, ALABAMA 35903, T C ENTERPRISES, LLC, 120 NORTH 5TH STREET, GADSDEN, ALABAMA 35901.
Now, Therefore, 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 on February 4, 2025.
Iva Nelson, City Clerk
February 14, 2025
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RESOLUTION NO. R-33-25
Ordering Abatement of Nuisance
located at 1811 EMANUEL AVENUE in District 6 in the City of Gadsden, more particularly described as:
LTS 78-81 BLK 2 MEADOWGROVE SUB PLAT C-395 7-12-6
Tax ID#: 15-03-07-3-000-241.000
PIN# 39280
is a nuisance and ordered its abatement; and
Whereas, as required by the Code of Ordinances, notice of a public hearing has been given CHRISTY OLIVE, 1811 EMANUEL AVENUE, GADSDEN, ALABAMA 35904, 1811 EMANUEL STREET, GADSDEN, ALABAMA 35904, KEDRICK THOMAS, 1811 EMANUEL STREET, GADSDEN, ALABAMA 35904.
Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GADSDEN, ALABAMA, as follows:
1. The Council finds that the property constitutes a nuisance in violation of the Code Ordinances and should be abated.
2. The Building Official is authorized to abate the nuisance by removing said nuisance and to give notice of this decision in accordance with the Code Ordinances.
Adopted by the City Council of Gadsden on February 4, 2025.
Iva Nelson, City Clerk
February 14, 2025
_____________
RESOLUTION NO. R-34-25
Ordering Abatement of Nuisance
located at 921 WISTERIA LANE in District 2 in the City of Gadsden, more particularly described as:
N 90 LT 5 BLK 3 BROOKLINE SUB PLAT D-141 35-11-6
Tax ID#: 10-07-35-4-000-075.000
PIN# 15375
is a nuisance and ordered its abatement; and
Whereas, as required by the Code of Ordinances, notice of a public hearing has been given to JAVIER IBARRA, 2200 HILL AVENUE, GADSDEN, ALABAMA 35904.
Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GADSDEN, ALABAMA, as follows:
1. The Council finds that the property constitutes a nuisance in violation of the Code Ordinances and should be abated.
2. The Building Official is authorized to abate the nuisance by removing said nuisance and to give notice of this decision in accordance with the Code Ordinances.
Adopted by the City Council of Gadsden on February 4, 2025.
Iva Nelson, City Clerk
February 14, 2025
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RESOLUTION NO. R-35-25
Ordering Abatement of Nuisance
Whereas, the Building Official has determined that a structure located at
1031 S. 12TH STREET in District 5 in the City of Gadsden, more particularly described as:
Parcel III: A lot or parcel of land beginning in the NE corner of the SW 1/4 of the NE 1/4, Section 8, Township 12 South, Range 6 East of the Huntsville Meridian, Etowah County, Alabama, running back 283 feet West of North line of said quarter, then turns South and runs parallel to the West line a distance of 105 feet to a point and then runs East a distance of 283 feet to a point and then North a distance of 105 feet to the beginning point; being a lot 105 feet wide and 283 feet long and being located in the above said quarter in Etowah County, Alabama.
TAX PARCEL ID: 15-03-08-1-000-366.000
PIN# 40235
is a nuisance and ordered its abatement; and
Whereas, as required by the City Code, notice of a public hearing has been given to MILTON CHAPMAN, 803 SLACK STREET, GADSDEN, ALABAMA 35901, 1031 S. 12TH STREET, GADSDEN, ALABAMA 35901.
Now, Therefore, 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 on February 4, 2025.
Iva Nelson, City Clerk
February 14, 2025
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RESOLUTION NO. R-36-25
Ordering Abatement of Nuisance
Whereas, the Building Official has determined that a structure located at
1 CENTRAL ALLEY (COMMERCIAL BUILDING) in District 6 in the City of Gadsden, more particularly described as:
Lots 49 and 50 in Parcel 7 as shown on the map of property of Cone Mills Corporation, Dwight Division, as recorded in Plat Book “F”, Pages 51-65, Probate Office, Etowah County, Alabama, lying and being in Gadsden, Etowah County, Alabama.
TAX PARCEL ID: 15-03-06-2-000-211.000
PIN# 38089
is a nuisance and ordered its abatement; and
Whereas, as required by the City Code, notice of a public hearing has been given to CHARLES WEATHINGTON, 956 CROFT FERRY ROAD E., GADSDEN, ALABAMA 35903, 1 CENTRAL ALLEY AVENUE, GADSDEN, ALABAMA 35901.
Now, Therefore, 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 on February 4, 2025.
Iva Nelson, City Clerk
February 14, 2025
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RESOLUTION NO. R-37-25
Ordering Abatement of Nuisance
Whereas, the Building Official has determined that a structure located at
2509 EWING AVENUE in District 2 in the City of Gadsden, more particularly described as:
Lot 25 of Hooks Lake Addition, according to map recorded in Plat Book “B”, Pages 294 and 295, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama.
TAX PARCEL ID: 10-07-25-2-000-041.000
PIN# 14073
is a nuisance and ordered its abatement; and
Whereas, as required by the City Code, notice of a public hearing has been given to CLIFFORD E. BARFIELD, 2023 McCLAIN CIRCLE, GADSDEN, ALABAMA 35901, VIRGINIA & husb CLIFFORD E. BARFIELD, 2023 McCLAIN CIRCLE, GADSDEN, ALABAMA 35901.
Now, Therefore, 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 on February 4, 2025.
Iva Nelson, City Clerk
February 14, 2025
_____________
RESOLUTION NO. R-38-25
Ordering Abatement of Nuisance
Whereas, the Building Official has determined that a structure located at
2515 EWING AVENUE in District 2 in the City of Gadsden, more particularly described as:
Lot 26 of Hooks Lake Addition, according to map recorded in Plat Book “B”, Pages 294 and 295, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama.
TAX PARCEL ID: 10-07-25-2-000-042.000
PIN# 14074
is a nuisance and ordered its abatement; and
Whereas, as required by the City Code, notice of a public hearing has been given to GITONGA ERIC BEEK, 400 GRESHAM PARK DRIVE, SUITE 115, MARIETTA, GEORGIA 30062, 2515 EWING AVENUE, GADSDEN, ALABAMA 35901, with possible rights of redemption to CLIFFORD BARFIELD, 2023 McCLAIN CIRCLE, GADSDEN, ALABAMA 35901, DAVID SEAN WHITEMAN, P.O. BOX 4111, GADSDEN, ALABAMA 35904.
Now, Therefore, 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 on February 4, 2025.
Iva Nelson, City Clerk
February 14, 2025
______________
RESOLUTION NO. R-39-25
Ordering Abatement of Nuisance
Whereas, the Building Official has determined that a structure located at
2601 EWING AVENUE (COMMERCIAL) in District 2 in the City of Gadsden, more particularly described as:
Parcel 1: Lot Numbers Eleven (11) and Twelve (12) in Duncan Heights, according to map thereof recorded in Plat Book “D”, Pages 102 and 103, Probate Office, Etowah County, Alabama.
TAX PARCEL ID: 10-06-24-0-000-091.000
PIN# 13978
is a nuisance and ordered its abatement; and
Whereas, as required by the City Code, notice of a public hearing has been given to DALENCOURT PROPERTY HOLDINGS, LLC c/o PHILLIP WILLIAMS, 2100 CLUB DRIVE, SUITE 150, GADSDEN, ALABAMA 35901, 2601 EWING AVENUE, GADSDEN, ALABAMA 35901-9457, TONYA SCHAEKEL & ET ALS, 2529 EWING AVENUE, GADSDEN, ALABAMA 35901.
Now, Therefore, 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 on February 4, 2025.
Iva Nelson, City Clerk
February 14, 2025
_____________
RESOLUTION NO. R-40-25
Ordering Abatement of Nuisance
Whereas, the Building Official has determined that a structure located at
1856 HALL STREET in District 5 in the City of Gadsden, more particularly described as:
Lots numbered Nineteen and Twenty in Block “B” of the Gadsden Realty Company Subdivision as recorded in Probate Office Etowah Co. Ala. In Map Book “C”, Page 171, and all in Etowah County, Alabama, saving and excepting all that land sold to the Alabama Gas Co., which said deed is recorded in deed record “6-H”, Page 33, in the Office of Judge of Probate, Etowah County, Alabama.
TAX PARCEL ID: 15-04-17-0-001-072.000
PIN# 40481
is a nuisance and ordered its abatement; and
Whereas, as required by the City Code, notice of a public hearing has been given to The Estate of BOSTON GREENHAW, 399 MACHEN ROAD, ASHVILLE, ALABAMA 35953, 1856 HALL STREET, GADSDEN, ALABAMA 35904, potential heirs, VANN GREENHAW, 416 MADISON CIRCLE, GADSDEN, ALABAMA 35904, NICKIE GREENHAW, and WILLIAM GREENHAW, VANN N GREENHAW & ET ALS AND NICKIE D. GREENHAW AND WILLIAM K. GREENHAW, 399 MACHEN ROAD, ASHVILLE, ALABAMA 35953.
Now, Therefore, 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 on February 4, 2025.
Iva Nelson, City Clerk
February 14, 2025
___________
RESOLUTION NO. R-41-25
Ordering Abatement of Nuisance
Whereas, the Building Official has determined that a structure located at
1009 STATE STREET in District 2 in the City of Gadsden, more particularly described as:
Lot #20, Block #11, Goodyear Park, according to the map thereof recorded in Plat Book C, Pages 84-85, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama.
TAX PARCEL ID: 15-01-11-1-000-296.000
PIN# 30275
is a nuisance and ordered its abatement; and
Whereas, as required by the City Code, notice of a public hearing has been given to MATTIE BELLE, LLC, 216 GAULT AVENUE NORTH, FORT PAYNE, ALABAMA 35987, 3022 GREENHILL BOULEVARD N.W., FORT PAYNE, ALABAMA 35968-3027.
Now, Therefore, 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 on February 4, 2025.
Iva Nelson, City Clerk
February 14, 2025
_____________
RESOLUTION NO. R-42-25
Ordering Abatement of Nuisance
Whereas, the Building Official has determined that a structure located at
1621 VAN BUREN AVENUE in District 5 in the City of Gadsden, more particularly described as:
Lot Number Fourteen (14) in Block Number Forty (40) in Gadsden Realty Company’s South Gadsden Addition to Gadsden, according to the map or plat thereof recorded in Plat Book “B”, Page 314, Probate Office, Etowah County, Alabama and lying and being in Gadsden, Etowah County, Alabama.
Tax Parcel ID: 15-03-08-3-000-290.000
PIN #: 39738
is a nuisance and ordered its abatement; and
Whereas, as required by the City Code, notice of a public hearing has been given to SLADE MURPHY, 410 PINEVIEW AVENUE, GLENCOE, ALABAMA 35903, 410 PINEVIEW AVENUE, GLENCOE, ALABAMA, 35905, 1621 VAN BUREN AVENUE, GADSDEN, ALABAMA 35904, CRISTIAN LOPEZ-CARRANZA, 1309 SANDERS AVENUE N.E., FORT PAYNE, ALABAMA 35967, 1621 VAN BUREN AVENUE, GADSDEN, ALABAMA 35904, JESSICA MOMAN, 830 NORTH 35TH STREET, GADSDEN, ALABAMA, 35904-1355
Now, Therefore, 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 on February 4, 2025.
Iva Nelson, City Clerk
February 14, 2025
_____________
RESOLUTION NO. R-43-25
Ordering Abatement of Nuisance
located at 2714 S. 11TH STREET in District 6 in the City of Gadsden, more particularly described as:
LTS 1-2 J.O. RHODES REARR PART BLKS 6-7 PHILLIPS CO FARM ADD #1 PLAT D-159 LYING GOV’T LT 1 18-12-6
Tax ID#: 15-04-18-0-001-062.000
PIN# 40636
is a nuisance and ordered its abatement; and
Whereas, as required by the Code of Ordinances, notice of a public hearing has been given to JULIA YATER & GRACE BIRSKEY, 2714 S. 11TH STREET, GADSDEN, ALABAMA 35904-4552.
Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GADSDEN, ALABAMA, as follows:
1. The Council finds that the property constitutes a nuisance in violation of the Code Ordinances and should be abated.
2. The Building Official is authorized to abate the nuisance by removing said nuisance and to give notice of this decision in accordance with the Code Ordinances.
Adopted by the City Council of Gadsden on February 4, 2025.
Iva Nelson, City Clerk
February 14, 2025
______________
RESOLUTION NO. R-44-25
Ordering Abatement of Nuisance
located at 1816 ALASKA STREET in District 1 in the City of Gadsden, more particularly described as:
LT 21 BLK 19 GLENWOOD SUB PLAT B-265 23-12-6
Tax ID#: 15-06-23-1-000-019.000
PIN# 44819
is a nuisance and ordered its abatement; and
Whereas, as required by the Code of Ordinances, notice of a public hearing has been given CHRIS WAGNER, FRITREUTER STREET 23, 21680 STADE, GERMANY, 23 FRITREUTER STREET, STADE, DE 21680.
Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GADSDEN, ALABAMA, as follows:
1. The Council finds that the property constitutes a nuisance in violation of the Code Ordinances and should be abated.
2. The Building Official is authorized to abate the nuisance by removing said nuisance and to give notice of this decision in accordance with the Code Ordinances.
Adopted by the City Council of Gadsden on February 4, 2025.
Iva Nelson, City Clerk
February 14, 2025
______________
RESOLUTION NO. R-45-25
Ordering Abatement of Nuisance
located at 2331 FORREST AVENUE in District 6 in the City of Gadsden, more particularly described as:
LT 15 BLK 25 ALFORDS 2ND ADD PLAT A-308 6-12-6
Tax ID#: 15-03-06-1-000-223.000
PIN# 37788
is a nuisance and ordered its abatement; and
Whereas, as required by the Code of Ordinances, notice of a public hearing has been given to NOEL D AVILA & ETALS (MARIA G ZAVALA Y CABRERA & ALONDA D ZAVALA), 2331 FORREST AVENUE, GADSDEN, ALABAMA 35904.
Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GADSDEN, ALABAMA, as follows:
1. The Council finds that the property constitutes a nuisance in violation of the Code Ordinances and should be abated.
2. The Building Official is authorized to abate the nuisance by removing said nuisance and to give notice of this decision in accordance with the Code Ordinances.
Adopted by the City Council of Gadsden on February 4, 2025.
Iva Nelson, City Clerk
February 14, 2025
_____________
RESOLUTION NO. R-46-25
Ordering Abatement of Nuisance
located at 403 FOREST ROAD aka 403 FORREST ROAD in District 4 in the City of Gadsden, more particularly described as:
LOTS 6,7,8 BLK 1 OAK HILL DIV OF COUNTRY CLUB DIST PLAT E-75 GADSDEN 28-12-6
Tax ID#: 15-08-28-0-001-196.000
PIN# 46062
is a nuisance and ordered its abatement; and
Whereas, as required by the Code of Ordinances, notice of a public hearing has been given to DEANNA STATON, 403 FOREST ROAD, GADSDEN, ALABAMA 35901, 403 FORREST ROAD, GADSDEN, ALABAMA 35901.
Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GADSDEN, ALABAMA, as follows:
1. The Council finds that the property constitutes a nuisance in violation of the Code Ordinances and should be abated.
2. The Building Official is authorized to abate the nuisance by removing said nuisance and to give notice of this decision in accordance with the Code Ordinances.
Adopted by the City Council of Gadsden on February 4, 2025.
Iva Nelson, City Clerk
February 14, 2025
_____________
RESOLUTION NO. R-47-25
Ordering Abatement of Nuisance
located at 996 HOOKS LAKE ROAD in District 2 in the City of Gadsden, more particularly described as:
LT 4 BLK 1 TIMBERLANE ADD PLAT G-265 35-11-6
Tax ID#: 10-07-35-1-000-036.001
PIN# 14935
is a nuisance and ordered its abatement; and
Whereas, as required by the Code of Ordinances, notice of a public hearing has been given to LISA WELLS, 996 HOOKS LAKE ROAD, GADSDEN, ALABAMA 35901.
Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GADSDEN, ALABAMA, as follows:
1. The Council finds that the property constitutes a nuisance in violation of the Code Ordinances and should be abated.
2. The Building Official is authorized to abate the nuisance by removing said nuisance and to give notice of this decision in accordance with the Code Ordinances.
Adopted by the City Council of Gadsden on February 4, 2025.
Iva Nelson, City Clerk
February 14, 2025
_____________
RESOLUTION NO. R-48-25
Ordering Abatement of Nuisance
located at 32 LAKEFRONT AVENUE in District 6 in the City of Gadsden, more particularly described as:
LT 95 CONE MILLS PARCEL #5 PLAT F-59 31-11-6
Tax ID#: 10-09-31-4-000-230.000
PIN# 19095
is a nuisance and ordered its abatement; and
Whereas, as required by the Code of Ordinances, notice of a public hearing has been given to PHILLIP FARMER, 411 BRYAN STREET, GADSDEN, ALABAMA 35904.
Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GADSDEN, ALABAMA, as follows:
1. The Council finds that the property constitutes a nuisance in violation of the Code Ordinances and should be abated.
2. The Building Official is authorized to abate the nuisance by removing said nuisance and to give notice of this decision in accordance with the Code Ordinances.
Adopted by the City Council of Gadsden on February 4, 2025.
Iva Nelson, City Clerk
February 14, 2025
____________
RESOLUTION NO. R-49-25
Ordering Abatement of Nuisance
located at 34 LAKEFRONT AVENUE in District 6 in the City of Gadsden, more particularly described as:
LOT 96 CONE MILLS CORPORATION PARCEL NO 5 PLAT F-59 31-11-6
Tax ID#: 10-09-31-4-000-231.000
PIN# 19096
is a nuisance and ordered its abatement; and
Whereas, as required by the Code of Ordinances, notice of a public hearing has been given to PHILLIP FARMER, 411 BRYAN STREET, GADSDEN, ALABAMA 35904.
Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GADSDEN, ALABAMA, as follows:
1. The Council finds that the property constitutes a nuisance in violation of the Code Ordinances and should be abated.
2. The Building Official is authorized to abate the nuisance by removing said nuisance and to give notice of this decision in accordance with the Code Ordinances.
Adopted by the City Council of Gadsden on February 4, 2025.
Iva Nelson, City Clerk
February 14, 2025
_____________
RESOLUTION NO. R-50-25
Ordering Abatement of Nuisance
located at 808 MILLER AVENUE in District 1 in the City of Gadsden, more particularly described as:
LT 6 & S1/2 LT 5 BLK 9 LINCOLN HTS REARR OF MILLIE MILLER SUB PLAT F-19 GADSDEN SEC 14 TWP 12S R 6E
Tax ID#: 15-06-14-4-000-038.000
PIN# 44575
is a nuisance and ordered its abatement; and
Whereas, as required by the Code of Ordinances, notice of a public hearing has been given JAMES & GEORGIA ANN WOODS, 808 MILLER AVENUE, GADSDEN, ALABAMA 35903.
Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GADSDEN, ALABAMA, as follows:
1. The Council finds that the property constitutes a nuisance in violation of the Code Ordinances and should be abated.
2. The Building Official is authorized to abate the nuisance by removing said nuisance and to give notice of this decision in accordance with the Code Ordinances.
Adopted by the City Council of Gadsden on February 4, 2025.
Iva Nelson, City Clerk
February 14, 2025
____________
ORDINANCE NO. O-01-25
Amending Fiscal Year 2025 Budget
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, that Ordinance No. O-44-24 (Fiscal Year 2025 Budget) is further amended by transferring $288,000 from account #160-0000-254.20-00 (Economic Development Fund Balance) into account #160-3000-465.70-40 (Land), for the purpose of purchasing 221 Broad Street.
Adopted by the City Council of Gadsden on February 4, 2025.
Iva Nelson, City Clerk
February 14, 2025
____________
ORDINANCE NO. O-02-25
Amending Chapter 74, Article X, Section 74-291 of the
Code of Ordinances of the City of Gadsden, Alabama
WHEREAS, in 1999 (O-61-99) the City of Gadsden last amended the lodging tax rate; and
WHEREAS, the City of Gadsden desires to impose an additional $5.00 per night privilege or license surcharge on campground rentals; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:
Section 1. Chapter 74, Article X, Section 74-291 of the Code of Ordinances of the City of Gadsden is amended by adding the following:
ARTICLE X. – LODGING TAX.
Sec. 74-291-Levy of tax.
(c) There is hereby levied and imposed, in addition to all other taxes of every kind now imposed by law, a privilege or license surcharge upon every person engaging or continuing in this city in the business of renting or furnishing any tourist camp, tourist cabin, place or space for tent camping, place or space provided for a motor home, travel trailer, self-propelled camper or house car, truck camper, or similar recreational vehicle commonly known as a R.V. are regularly furnished to transients for a consideration, in an amount of five dollars ($5.00) per night per accommodations. There is exempted from the surcharge levied under this section any rentals or services taxed under Division 1, commencing with Section 40-23-1, of Article 1, Chapter 23, Title 4. The surcharge shall not apply to rooms, lodgings, or accommodations supplied for a period of thirty (30) continuous days or more in any place.
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 on May 1, 2025.
Adopted by the City Council of Gadsden on February 4, 2025.
Iva Nelson, City Clerk
February 14, 2025
_____________
ORDINANCE NO. O-03-25
Amending Fiscal Year 2025 Budget
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, that Ordinance No. O-44-24 (Fiscal Year 2025 Budget) is further amended by transferring $400,000 from the Opioid Settlement Fund Balance to accounts:
001-8500-422.30-40 Clothing Supplies $41,602
001-8500-422.60-15 Dues & Subscriptions $2,128
001-8500-422.60-25 Training & Travel $68,000
001-8500-422.70-25 Computer Equipment $38,270
001-8500-422.10-05 Full-Time Employees $171,000
001-8500-422.15-05 Social Security $2,480
001-8500-422.15-10 State Retirement $33,567
001-8500-422.15-20 Health & Life Ins. $30,913
001-8500-422.15-25 Uniform Allowance $5,200
001-8500-422.15-30 Workmen’s Compensation $6,840
The funds will be used for hiring of additional officers and associated expenditures.
Adopted by the City Council of Gadsden on February 4, 2025.
Iva Nelson, City Clerk
February 14, 2025
____________
ORDINANCE NO. O-04-25
Amending Section 74-62 of the City of Gadsden Code of Ordinances
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:
Section 74-62 of the City of Gadsden Code of Ordinances is amended to read as follows:
Unless the context clearly requires otherwise, the following terms shall have the meaning set forth below:
Business means any commercial or industrial activity or any enterprise, trade, profession,
occupation, or livelihood, whether or not carried on for gain or profit, and whether or not engaged in as a principal or as an independent contractor, which is engaged in, or caused to be engaged in, within the city.
Business license means an annual license issued by the city for the privilege of doing any kind of business, trade, profession, or any other activity in the city which document is required to be conspicuously posted or displayed except to the extent the taxpayer’s business license tax or other financial information is listed thereon.
Business license remittance form means any business license return, renewal reminder notice, or other writing on which the taxpayer calculates the business license tax liability for all or part of the license year and remits the amount so calculated with the form.
Clinic means a facility in which a physician or dentist or a group of physicians, dentists and allied professional assistants are associated for the purpose of carrying on their profession; the clinic may include a dental or medical laboratory and may provide minor surgical procedures but it shall not include inpatient care or operating rooms for major surgery.
Department or department of revenue means the Alabama Department of Revenue, as created under Code of Ala. § 40-2-1 et seq.
Designee means an agent or employee of the city (including the city license officer) authorized to administer or collect the city’s business license taxes, which may include another taxing jurisdiction, the department of revenue, or a private auditing or collecting firm as defined in Code of Ala. § 40-2A-3.
Gross receipts mean the measure of any and all receipts of a business, including intercompany book transfers, from whatever source derived, to the maximum extent permitted by applicable laws and constitutional provisions, to be used in calculating the amount due for a business license, provided, however, that:
(1) Gross receipts shall not include any of the following taxes collected by the business on behalf of any taxing jurisdiction or the federal government: All taxes which are imposed on the ultimate consumer, collected by the taxpayer and remitted by or on behalf of the taxpayer to the taxing authority, whether state, local or federal, including utility gross receipts levied pursuant to Code of Ala., tit. 40, ch. 21, art. 3; license taxes levied pursuant to Code of Ala., tit. 40, ch. 21, art. 2; or reimbursements to professional employer organizations of federal, state or local payroll taxes or unemployment insurance contributions; but no other deductions or exclusions from gross receipts shall be allowed except as provided in this chapter.
(2) A different basis for calculating the business license may be used by the city with respect to certain categories of taxpayers as prescribed in Code of Ala. § 11-51-90(b).
(3) For a utility or other entity described in Code of Ala. § 11-51-129, gross receipts shall be limited to the gross receipts derived from the retail furnishing of utility services within the city during the preceding year that are taxed under Code of Ala. tit. 40, ch. 21, art. 3, except that nothing herein shall affect any existing contract or agreement between a municipality and a utility or other entity. The gross receipts derived from the furnishing of utility services shall not be subject to further business license taxation by the city.
(4) Gross receipts shall not include dividends or other distributions received by a
corporation, or proceeds from borrowing, the sale of a capital asset, the repayment of the principal portion of a loan, the issuance of stock or other equity investments, or capital
contributions, or the undistributed earnings of subsidiary entities.
(5) Value of Goods Produced is defined as beginning inventory plus purchases less ending inventory, also known as Cost of Goods Sold (COGS). Calculation is based on the
corresponding calendar year defined by the City of Gadsden license year.
Hospital means an institution that provides medical, surgical, or psychiatric care and treatment for the sick and injured, including accommodations for inpatients generally for 24 hours or longer.
License form means any business license application form, renewal reminder notice, business license remittance form, or business license return, by whatever name called.
License officer or city license officer means the city employee charged by the city with the primary responsibility of administering the city’s business license tax ordinance and matters related thereto. The director of revenue and the employees of the city revenue department under the supervisions of the director are charged with these responsibilities.
License year means the calendar year.
Municipality means any town or city in Alabama that levies a business license tax from time to time. The term shall also include the town’s or city’s police jurisdiction, where the business license tax is levied in the police jurisdiction. The city does not levy a business license tax in the police jurisdiction.
Other terms mean other capitalized or specialized terms used in this chapter, and not defined above, shall have the same meanings ascribed to them in Code of Ala. § 40-2A-3, unless the context therein otherwise specifies.
Outpatient care center means a freestanding facility which provides specific medical, surgical or psychiatric treatment for ambulatory patients on an outpatient basis, rather than by admission to a hospital or other health care facility and does not involve a stay of more than 24 hours.
Person means any individual, association, estate, trust, partnership, limited liability company, corporation, or other entity of any kind, except for any nonprofit corporation formed under the laws of Alabama which is operated to enable municipalities that become members of such nonprofit corporation to finance or refinance capital projects and related undertakings, on a cooperative basis, and whose board of directors or other governing body consists primarily of elected officials of the city.
Taxing jurisdiction means any municipality that levies a business license tax, whether or not a business license tax is levied within its police jurisdiction, or the department of revenue acting as agent on behalf of a municipality pursuant to Code of Ala. §§ 11-51-180 et seq., as the context requires.
Taxpayer means any person subject to or liable under this chapter for any business license tax; any person required to file a return with respect to, or pay or remit the business license tax levied under this chapter or to report any information or value to the city; or any person required to obtain, or who holds any interest in, any business license issued by the city; or any person that may be affected by any act or refusal to act by the city under this chapter, or to keep any information required by this chapter.
U.S.C. means the applicable title and section of the United States Code, as amended from time to time.
Adopted by the City Council of Gadsden on February 4, 2025.
Iva Nelson, City Clerk
February 14, 2025
______________
A BILL TO BE ENTITLED AN ACT
Relating to Etowah County and the Mega Sports Complex Authority; to amend Section 45-28
220.03, Code of Alabama 1975, to immediately transfer all fiduciary responsibility relating to
the authority to the City of Rainbow City; and to provide for the dissolution of the authority upon the full payment of certain outstanding debt.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 45-28-220.03 of the Code of Alabama 1975, is amended to read as follows:
Ҥ45-28-220.03
(a) This section shall only apply in Etowah County. (b) The Etowah County Mega Sports Complex Authority is created.
(c)(1) Immediately after October 1, 2022, the terms of the members serving on the authority shall end. Thereafter, the The authority shall consist of the following members: a. Except as otherwise provided in subparagraph 1., one member appointed by each member of the local legislative delegation with initial terms expiring as follows: 1. House District 29, expiring November 10, 2022. The initial appointment occurring after October 1, 2022, shall be made by the Director of the Etowah County Tourism Board. Subsequent appointments to this position shall be made by the legislative member representing House District 29. 2. House District 28, expiring November 10, 2023. 3. House District 30, expiring November 10, 2024. 4. Senate District 10, expiring November 10, 2025. b. The President of the Etowah County Chamber of Commerce, or his or her designee.
c. The Director of the Etowah County Tourism Board, or his or her designee.
d. One member appointed by the governing body of the City of Rainbow City, for an initial term expiring November 10, 2024.
(2) Upon completion of the initial staggered terms, subsequent appointments of non ex-officio members shall be made in the same manner for terms of four years.
(3) A member shall be removed from the authority after failing to attend three consecutive properly noticed regular meetings of the authority, or more than half of the properly noticed regular meetings, during a calendar year. The members of the authority shall meet at least quarterly and minutes of the meetings of the authority shall be posted on a website operated by the authority or on a social media website of the authority, or both, within 30 days after the meeting date. A vacancy on the authority for any reason shall be filled by appointment by the original appointing authority for the unexpired term.
(4) Except for the Director of the Etowah County Tourism Board, no member of the authority may also serve as a member of the Etowah County Tourism Board.
(d) The authority shall evaluate the development of a sports complex for Etowah County for implementation and administration by the authority. The evaluation shall include, but is not limited to, the following considerations and issues:
(1) The feasibility of a mega sports complex for the county.
(2) What should be included in such a complex. (3) The location of such a complex.
(4) The cost associated with acquiring and maintaining such a complex.
(5) Possible funding sources for such a complex. (e) After its evaluation, the authority may initiate the development and management of a public mega sports complex in the county.
(f)(d) The authority, subject to subsections (e) and (h), shall also have the following powers and duties: (1) To acquire or lease real property for the development of sports or other recreational facilities and related improvements for public purposes.
(2) To make, enter into, and execute contracts, agreements, or other instruments necessary to accomplish the purposes of this section.
(3) To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions.
(4) To accept and receive any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of it.
(5) To perform other functions as may be necessary or appropriate to achieve the purposes of this section. (e) Commencing on October 1, 2025, all fiduciary responsibility and duties relating to the authority shall be vested in the City of Rainbow City. All revenue of the authority including, but not limited to, tax revenues received pursuant to Section 45-28-220.03, shall be transmitted to the appropriate designated division of the city and all fiscal distributions, liabilities, and obligations of the authority shall be the responsibility of the city, provided that collected and received revenue is sufficient to satisfy the liabilities and obligations of the authority. The designated division shall have unfettered access to all accounts held by the authority on October 1, 2025, which accounts shall remain separate and distinct from all other accounts held by the city.
(g)(f) All T.V.A. inlieu-of-taxes payments to Etowah County retained by the county and not transferred to the City of Sardis pursuant to Section 40-28-2 shall be distributed to the Etowah County Mega Sports Complex Authority to be used for the financing and operation of a mega sports complex as provided by the City of Rainbow City pursuant to subsection (e).
(h)(g)(1) Any additional funds received by the authority from any state or county tax revenue shall be applied first toward the payment of existing debts. (2) Immediately upon the full payment of all debts in existence as of October 1, 2022, all revenues referenced in subsection (g) (f) of this section and subdivision (1) of Section 45-28-91.02(1) shall be held in the county treasury until otherwise directed by unanimous consent of the members of the legislative delegation.
(h) On or before June 1, 2048, and immediately upon the full payment of all debts in existence on October 1, 2022, the terms of the members then serving on the authority pursuant to subsection (c) shall end, and the authority shall be dissolved. At that time, the City of Rainbow City shall perform all duties of the authority as provided in subsection (d) and all existing debts, liabilities, and assets of the authority including, but not limited to, real property, buildings, equipment, and other assets, shall transfer to the City of Rainbow City.
(i) A comprehensive financial audit of the authority shall be performed immediately after October 1, 2022, annually for the immediately succeeding two years, and every two years thereafter. The audit shall be performed by a licensed independent certified public accountant chosen by the authority from a list of three auditing firms nominated by the governing body of the City of Rainbow City. A copy of each audit performed shall be submitted to the Chief Examiner of the Department of Examiners of Public Accounts and each appointing authority within 30 days after completion.
Immediately upon dissolution of the authority, the comprehensive financial audits shall cease.”
Section 2. This act shall become effective on October 1, 2025.
February 14, 21, 28, and March 7, 2025
