Legals for 5/30/2025 – 6/05/2025

FORECLOSURE NOTICE

Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Shawniqua K. Patterson, as Mortgagor, to Plimpton Construction & Development, Inc., as Mortgagee, dated the 14th day of February, 2013, and recorded in Instrument Number 3381643, Probate Office, Etowah County, Alabama.

With the default of the said mortgagor, having continued to this date, notice is hereby given that the undersigned will, under and by virtue of the power of sale contained in said mortgage, sell at public outcry for cash to the highest bidder between the legal hours of sale, on the 13th day of June, 2025, at the main entrance of the Etowah County Courthouse, Gadsden, Alabama, the following described real property situated in Etowah County, Alabama, to-wit:

Lot Numbers 18-20, Block 8, Kentucky Addition #2, as recorded in Plat Book “B”, Page 210, Probate Office, Etowah County, Alabama.

Said sale will be made for the purpose of paying said indebtedness and the expenses incident to this sale, including a reasonable attorney’s fee, and the other purposes set out in said mortgage, and will be made subject to the rights of redemption as provided by law.

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.”

By: F. Michael Haney

INZER, HANEY, MCWHORTER & HANEY, LLC

Post Office Drawer 287

Gadsden, Alabama 35902

(256) 546-1656

May 23, 30, and June 6, 2025

_____________

NOTICE OF MORTGAGE FORECLOSURE SALE

STATE OF ALABAMA COUNTY OF ETOWAH

Default having been made of the terms of the loan documents secured by that certain mortgage executed by Torynce F Butler and Vanessa Butler, Husband and Wife, to Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for Mortgage Solutions of Colorado, LLC, its successors and assigns dated November 6, 2020; said mortgage being recorded on November 9, 2020 as Instrument No. 3511382, in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to Selene Finance LP by assignment recorded as Instrument No. 3583933, in the Office of the Judge of Probate of Etowah County, Alabama.

The undersigned, Selene Finance LP, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash before the main entrance of the Court House in Etowah County, Alabama during the legal hours of sale (between 11am and 4pm), on June 25, 2025 the following property, situated in Etowah County, Alabama, to-wit:

Lots Number one (1), two (2) and three (3) in block number four (4) in the Ewing addition to the City of Gadsden, Alabama, as shown by the map or plat thereof recorded in Plat Book “B”, pages 396 and 397, Probate Office, Etowah County, Alabama.

Said property is commonly known as 207 Grant St, Gadsden, AL 35901.

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

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

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

SELENE FINANCE LP

as holder of said mortgage

McCalla Raymer Leibert Pierce, LLP

505 20th Street N, Suite 1775

Birmingham, AL 35203

Telephone: (205) 216-4238

FT21@mccalla.com

File No. 23-04836AL

www.foreclosurehotline.net

May 23, 30, and June 6, 2025

____________

NOTICE OF MORTGAGE FORECLOSURE SALE

STATE OF ALABAMA

COUNTY OF ETOWAH

Default having been made in the payment of the indebtedness secured by that certain mortgage and security agreement executed by SANDRA LOWERY CARROLL and TRACY LEE CARROLL, a married couple, on the 14th day of February 2020, to 21ST MORTGAGE CORPORATION, as recorded in Instrument Number 3498956 in the office of the Probate Judge of Etowah County, Alabama; 21ST MORTGAGE CORPORATION, as Mortgagee, by reason of such default having declared all of the indebtedness secured by said mortgage and security agreement due and payable and such default continuing, notice is hereby given that, acting under the power of sale contained in said mortgage and security agreement, and as authorized by Section 7-9A-604(a)(2) of the Code of Alabama of 1975 as amended, 21ST MORTGAGE CORPORATION, as Mortgagee, will sell at public outcry, for cash to the highest bidder, in front of the Courthouse door, in the City of Gadsden, Etowah County, Alabama, during the legal hours of sale on June 25, 2025, the following described real and personal property situated in Etowah County, Alabama, to-wit:

Commence at an existing railroad spike at the Northeast corner of the NW 1/4 of the NW 1/4, Section 6, Township 11 South, Range 4 East of Huntsville Meridian and run N 88°09’00” W, along the North line thereof, 235.75 feet to the Northwest R/W of Bluff Road (80’ R/W); thence run S 77°09’54” W, leaving said North line and along said R/W, 109.78 feet to an existing 3/4” pipe; thence run S 75°31’38” W, along said R/W, 249.47 feet to the Point of Beginning of the property described herein; thence run the following chord bearings and distances along said R/W: S 72°13’26” W 79.89 feet; S 69°51’38” W 199.51 feet and S 65°57’20” W 148.65 feet to a point; thence run N 09°42’48” W, leaving said R/W, 420.00 feet to a point; thence run N 68°59’05” E 427.62 feet to a point; thence run S 09°42’54” E 419.70 feet to the point of beginning. Said property being a portion of the NW 1/4 of the NW 1/4, Section 6, Township 11 South, Range 4 East and the SW 1/4 of the SW 1/4, Section 31, Township 10 South, Range 4 East, Etowah County, Alabama.

INCLUDING a security interest in one (1) 2020 Fleetwood 68’ x 28’ manufactured home, Serial No. FLE250TN1944030AB;

together with the hereditaments and appurtenances thereunto belonging and all fixtures now attached to and used in connection with the premises herein described.

This property will be sold on an “as is, where is” basis, subject to any easements, encumbrances, and exceptions reflected in the mortgage and those contained in the records of the office of the Judge of Probate of the county where the above-described property is situated. This property will be sold without warranty or recourse, expressed or implied as to title, use and/or enjoyment and will be sold subject to the right of redemption of all parties entitled thereto.

Said sale will be made subject to any existing Federal Tax Lien, if any, and/or Special Assessments, if any, which might adversely affect the title to the subject property.

Said sale will be made for the purpose of paying the indebtedness secured by the above-described mortgage, and the proceeds thereof will be applied as provided by the terms of the said mortgage. This sale is subject to postponement or cancellation; contact Margery Oglesby at the phone number shown below prior to attending the sale.

Kristofor D. Sodergren

Attorney for 21st Mortgage Corporation

ROSEN HARWOOD, P.A.

2200 Jack Warner

Pkwy Ste 200

P.O. Box 2727

Tuscaloosa, AL 35403

(205) 344-5000

May 30, June 6, and 13, 2025

_______

FILE CLAIMS

Sheila Freeman was/were appointed Personal Representative(s) on 04/15/2025 to the Estate of Doris C. Cash, 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

May 16, 23, and 30, 2025

____________

FILE CLAIMS

Nathanael Fox was/were appointed Personal Representative(s) on 04/15/2025 over the Estate of M H Fox, 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

May 16, 23, and 30, 2025

____________

FILE CLAIMS

Tommy H. Batson, Jr. was/were appointed Personal Representative(s) on 04/17/2025 to the Estate of Tommy H. Batson, 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

May 16, 23, and 30, 2025

_____________

FILE CLAIMS

Jeffrey R. Todd was/were appointed Personal Representative(s) on 04/29/2025 to the Estate of Ruben Hamilton Todd, 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

May 16, 23, and 30, 2025

____________

FILE CLAIMS

Angela Madden was/were appointed Personal Representative(s) on 04/30/2025 to the Estate of Barbara M. Taylor, 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

May 16, 23, and 30, 2025

_____________

FILE CLAIMS

Danny R. Clonts was/were appointed Personal Representative(s) on 04/30/2025 to the Estate of Gabriel F. Pettit, 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

May 16, 23, and 30, 2025

___________

NOTICE OF ESTATE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF THE ESTATE OF BRENDA I. DITTRICH, DECEASED

CASE NO: 2025-00283

A Petition for Summary Distribution of the Estate of BRENDA I. DITTRICH, Deceased, having been submitted to the Honorable Scott W. Hassell, Judge of Probate, by Petitioner, Tia D. Phillips and Charles W. Smith, on the 29th day of April, 2025; Notice is hereby given that all persons contesting said Petition shall file a response thereto with the Judge of Probate, Etowah County, within 30 days of the date of this publication.

Done this the 20 day of day of May 2025.

Scott W. Hassell

JUDGE OF PROBATE

May 30, 2025

_____________

NOTICE OF HEARING

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

Case No.: 2023-00227

IN RE: THE ESTATE OF GEORGIA ANN WOODS, DECEASED.

TO: Sharelle Woods, whereabouts unknown

YOU ARE HEREBY NOTIFIED that there has been filed in this Court an instrument

purporting to be in the Last Will and Testament of Georgia Ann Woods, deceased, and a petition in writing and under oath praying for the admission to probate and record in this Court of said instrument as the true Last Will and Testament of the decedent.

You are FURTHER NOTIFIED to be in and appear before this Court on the 9th day of July, 2025 at 10:30 a.m., when said petition will be heard and to show cause, if any you may have, why the instrument filed with said petition and purporting to be the Last Will and Testament of Georgia Ann Woods, deceased, should not be admitted to probate and recorded in this Court as the true Last Will and Testament of said decedent.

DONE THIS THE 15th DAY OF May 2025.

Scott W. Hassell

Judge of Probate

May 23, 30, and June 6, 2025

_____________

NOTICE OF HEARING

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

IN THE MATTER OF: JENNIFER ANNE BROTHERS, INCAPACITATED

Case #: F12,976

TO: Any interested party

Please take notice that a PETITION TO APPROVE 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 16th day of JULY 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 20TH DAY OF MAY 2025.

Scott Hassell

PROBATE JUDGE

May 23, 30, and June 6, 2025

____________

NOTICE OF HEARING

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

Case No.: 2025-00155

IN RE: THE ESTATE OF DONALD R. BUSH, DECEASED.

TO: Dr. Holbert James Sharpton, Jr., whereabouts unknown

YOU ARE HEREBY NOTIFIED that there has been filed in this Court an instrument

purporting to be in the Last Will and Testament of Donald R. Bush, deceased, and a petition in

writing and under oath praying for the admission to probate and record in this Court of said

instrument as the true Last Will and Testament of the decedent.

You are FURTHER NOTIFIED to be in and appear before this Court on the 15th day of July, 2025 at 10:30 a.m., when said petition will be heard and to show cause, if any you may have, why the instrument filed with said petition and purporting to be the Last Will and Testament of Donald R. Bush, deceased, should not be admitted to probate and recorded in this

Court as the true Last Will and Testament of said decedent.

DONE THIS THE 21ST DAY OF May 2025

Scott W. Hassell

Judge of Probate

May 23, 30, and June 6, 2025

_____________

NOTICEOF HEARING

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

THE ESTATE OF Edward Wayne Nelson, DECEASED,

CASE NO. S-7650

TO: Brian Bush, Adam Nelson and Renea Mann

Timothy Shane Davis has filed in this court a Petition to Substitute Personal Representative and to Approve Sale of Real Property in the Estate of Edward Wayne Nelson, Deceased, and prays for an order granting Letters Substituting the Personal Representative and to approve the Sale of Real Property.

You are hereby further notified to appear on or before the 16th day of July 2025, at 10:00

A. M., when said petition will be heard and to contest should you see fit.

Dated this the 21st day of May 2025

Scott W. Hassell

Judge of Probate Court

May 23, 30, and June 6, 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 Todd Martin and a Petition for Letters of Conservatorship over the estate of Todd

Martin was filed by Gadsden Regional Medical Center on the 27th day of May, 2025.

A hearing on the Petition for Letters of Guardianship and Petition for Letters of Conservatorship is set on the 2ND day of JULY 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

May 30, June 6 and 13, 2025

_____________

LEGAL NOTICE

In the Circuit Court of Etowah County, Alabama Case # CV-19-900097 Drum v. King, et al Publication Notice to: James L. Jenkins, Jr., Laura Jenkins, Chrissie Jenkins. A Petition has been filed in this in regards to your interest, if any, in the property located at 6560 Scenic Highway, Gadsden, AL 35904. You must file an answer to the Petition within 30 days of perfection of service by publication or face judgement by default. Your answer is to be filed in the Circuit Court of Etowah County, Alabama 801 Forrest Ave. Gadsden, AL 35901. Done this 2nd day of May, 2025. Cassandra Johnson COURT CLERK. Phillip W. Williams, Jr., Esq. Attorney for the Plaintiff, 2100 Club Dr., Ste. 150, Gadsden, AL 35901 (256) 442-0201.

May 9, 16, 23, and 30, 2025

_____________

PUBLICATION NOTICE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CITY OF GADSDEN, ALABAMA,

A municipal corporation

Plaintiff,

CASE NO.:

2025-00246

HATTIE MAE TARYLOR, possibly known as HATTIE MAE TRAYLOR, deceased; MICHAEL A. TRAYLOR, an individual; BECKY NORDGREN, Etowah County Tax Collector; and any and all other unknown heirs, claimants or interested parties claiming any right, title, estate, lien, or interest in the real estate described herein,

Defendants.

NOTICE TO: UNKNOWN HEIRS, CLAIMANTS, AND/OR INTERESTED PARTIES

ADDRESS: UNKNOWN

You are here notified the City of Gadsden, by and through their attorney, J. Lance Smith, Esquire has filed a complaint in writing seeking to condemn for the uses and purposes set forth in said complaint that certain real property located in the County of Etowah, State of Alabama, and described as follows:

LEGAL DESCRIPTION – TRACT 3

T.C.E.

A TEMPORARY CONSTRUCTION EASEMENT CONTAINING 0.005 ACRES, MORE OR LESS, BEING A PORTION OF THE PROPERTY IDENTIFIED BY CURRENT TAX PARCEL NUMBER 1503051000037.000, AND LYING IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 05, TOWNSHIP 12 SOUTH, RANGE 06 EAST, HUNTSVILLE MERIDIAN, CITY OF GADSDEN, ETOWAH COUNTY, ALABAMA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCE AT THE INTERSECTION OF THE WEST RIGHT-OF- WAY OF TUSCALOOSA COURT AND THE NORTH RIGHT-OF-WAY OF JACKSONVILLE STREET, BEING THE SOUTHEAST CORNER OF LOT 4 OF THE IKE TRAMMELL AND BROTHERS ADDITION, AS RECORDED IN PLAT BOOK A, PAGE 65, IN THE PROBATE OFFICE OF ETOWAH COUNTY; THENCE LEAVING SAID WEST RIGHT-OF-WAY OF TUSCALOOSA COURT N43°01’16”E FOR 165.03 FEET TO THE POINT OF BEGINNING; THENCE S80°25’09”E FOR 6.03 FEET; THENCE N14°17’34”E FOR 0.70 FEET; THENCE N15°35’30”E FOR 48.98 FEET; THENCE N78°47’29”W FOR 6.02 FEET; THENCE S15°34’24”W FOR 49.85 FEET TO THE POINT OF BEGINNING.

Please be advised that you have thirty (30) days of the date of the last publication to file an answer or other response with the Clerk of the Probate Court of Etowah County, Alabama, P.O. Box 187, Gadsden, AL 35902 and the attorney for the plaintiff J. Lance Smith, 200 Chestnut Street, Suite A, P.O. Box 129, Gadsden, AL 35902.

You are further notified that the hearing of said complaint has been set by this Court for June 30, 2025 at 2:00, at which time you may appear and answer said complaint or file objections thereto if you so desire.

If the application to condemn is granted by the Court, a Commissioner’s hearing will be scheduled within 30 days thereafter to determine damages which may be due the defendants. For information on the date and time of such hearing, please contact the Probate Court during regular business hours at 256-549-5375.

This the 1st day of day of May 2025.

Scott W. Hassell

PROBATE JUDGE

May 9, 16, 23, and 30, 2025

____________

PUBLICATION NOTICE

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CITY OF GADSDEN, ALABAMA,

A municipal corporation

Plaintiff,

WILLIE JOHNSON, deceased; TOM JOHNSON, deceased; ANNIE MAE JOHNSON, deceased; LARRY JOHNSON, an individual; ROSA LEE FULLER, an individual; BECKY NORDGREN, Etowah County Tax Collector; and any and all other unknown heirs, claimants or interested parties claiming any right, title, estate, lien, or interest in the real estate described herein,

Defendants.

CASE NO.: 2025-00253

NOTICE TO: ROSA LEE FULLER AND ANY OTHER UNKNOWN HEIRS,

CLAIMANTS, AND/OR INTERESTED PARTIES

ADDRESS: UNKNOWN

LEGAL DESCRIPTION – TRACT 18

P.D.E.

A PERMANENT DRAINAGE EASEMENT CONTAINING 0.01 ACRES, MORE OR LESS, BEING A PORTION OF LOT 21 OF CUMMINS ADDITION, AS RECORDED IN PLAT BOOK A, PAGE 269, IN THE PROBATE OFFICE OF ETOWAH COUNTY, CUMMINS ADDITION, AND IDENTIFIED BY CURRENT TAX PARCEL 1502042000145.000, LYING IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 04, TOWNSHIP 12 SOUTH, RANGE 06 EAST, HUNTSVILLE MERIDIAN, CITY OF GADSDEN, ETOWAH COUNTY, ALABAMA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCE AT A 2” CRIMPED TOP PIPE AT THE NORTH RIGHT-OF- WAY OF TUSCALOOSA AVENUE, BEING THE SOUTHWEST CORNER OF LOT 21 OF CUMMINS ADDITION, AS RECORDED IN PLAT BOOK A, PAGE 269, IN THE PROBATE OFFICE OF ETOWAH COUNTY; THENCE ALONG SAID NORTH RIGHT-OF-WAY OF TUSCALOOSA AVENUE $67°40’07”E FOR 10.08 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTH RIGHT-OF-WAY OF TUSCALOOSA AVENUE N44°31’41”E FOR 76.52 FEET; THENCE S08°04’21”W FOR 16.83 FEET; THENCE $44°31’41”W FOR 59.06 FEET TO A POINT AT THE NORTH RIGHT-OF-WAY OF TUSCALOOSA AVENUE; THENCE ALONG SAID NORTH RIGHT-OF-WAY OF TUSCALOOSA AVENUE N66°53’51”W FOR 10.74 FEET TO THE POINT OF BEGINNING.

T.C.E.

A TEMPORARY CONSTRUCTION EASEMENT CONTAINING 0.009 ACRES, MORE OR LESS, BEING A PORTION OF LOT 21 OF CUMMINS ADDITION, AS RECORDED IN PLAT BOOK A, PAGE 269, IN THE PROBATE OFFICE OF ETOWAH COUNTY, CUMMINS ADDITION, AND IDENTIFIED BY TAX PARCEL 1502042000145.000, LYING IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 04, TOWNSHIP 12 SOUTH, RANGE 06 EAST, HUNTSVILLE MERIDIAN, CITY OF GADSDEN, ETOWAH COUNTY, ALABAMA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCE AT A 2” CRIMPED TOP PIPE AT THE NORTH RIGHT-OF- WAY OF TUSCALOOSA AVENUE, BEING THE SOUTHWEST CORNER OF LOT 21 OF CUMMINS ADDITION, AS RECORDED IN PLAT BOOK A, PAGE 269, IN THE PROBATE OFFICE OF ETOWAH COUNTY; THENCE ALONG SAID NORTH RIGHT-OF-WAY OF TUSCALOOSA AVENUE S67°52’06”E FOR 4.69 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTH RIGHT-OF-WAY OF TUSCALOOSA AVENUE N44°31’41”E FOR 85.31 FEET; THENCE S08°04’21”W FOR 8.41 FEET; THENCE S44°31’41”W FOR 76.52 FEET TO A POINT AT THE NORTH RIGHT-OF-WAY OF TUSCALOOSA AVENUE; THENCE ALONG SAID NORTH RIGHT-OF-WAY OF TUSCALOOSA AVENUE N67°29’42”W FOR 5.39 FEET TO THE POINT OF BEGINNING.

If the application to condemn is granted by the Court, a Commissioners’ hearing will be scheduled within 30 days thereafter to determine damages which may be due the defendants. For information on the date and time of such hearing, please contact the Probate Court during regular business hours at 256-549-5375.

This the 1st day of May 2025.

Scott W. Hassell

PROBATE JUDGE

May 9, 16, 23, and 30, 2025

_____________

NOTICE OF COMPLAINT

IN THE CIRCUIT COURT OF ETOWAH COUNTY ALABAMA

EVANS INVESTMENT PROPERTIES, LLC, PLAINTIFF

ASSOCIATED CAPITAL, INC., ET AL., DEFENDANTS

CV-2025-900225

The Defendants, 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 or

thereafter a judgment of default may be rendered against you in the above-styled case.

The subject property is described as follows:

COM SW COR SEC 22 THE N 297 TO POB TH N 1016 S TO S LINE OF QUILLAN DR THE E 648 S THE 1334 S THE W 220 TH N 2978 TH W 440 BEING 17.02 AC(C) LYING IN W 1/2 SE 1/4 SE 1/4, RIDGEVILLE SECTION 22-TOWNSHIP 11 SOUTH – RANGE 5 EAST OF THE HUNTSVILLE MERIDIAN.

Done the 23rd day of May 2025.

Cassandra Johnson,

Clerk of the Circuit out of Etowah County

Megan Huizinga

Knowles & Sullivan

314 Broad Street

Gadsden, AL. 35901

(256)547-7200

May 30, June 6, 13 and 20, 2025

______________

NOTICE OF COMPLAINT

IN THE CIRCUIT COURT OF ETOWAH COUNTY ALABAMA

CARLA GREEN , PLAINTIFF

CASE NO.: CV-2025-900222.00

HEIRS OF LOLA MAE HAYES, whose identities and whereabouts are unknown

and

Lots 18 and 19, in Block 2, of Glenn Addition, as recorded in Plat Book “B”, Page 0, in the Probate Office of Etowah County, Alabama.

and

Fictitious Defendants A-D, whose identities and whereabouts are unknown, and all other persons claiming any present, future, contingent, remainder, reversion, or other interest in the lands described herein , DEFENDANTS

The Defendants, 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 or thereafter a judgment of default may be rendered against you in the above-styled case.

The subject property is described as follows:

Lots 18 and 19, in Block 2, of Glenn Addition, as recorded in Plat Book “B” Page o, in the Probate Office of Etowah County, Alabama. (922 First Street NE, Attalla, AL 35954)

Done this the 5th day of May 2025

Cassandra Johnson,

Clerk of the Circuit Court of Etowah

County

May 9, 16, 23, and 30, 2025

_____________

LEGAL NOTICE

In accordance with Chapter 1, Title 39, Code of Alabama, 1975, as amended, notice is hereby given that Greer Building Contractors, LLC, has completed the Contract for A New Training Facility at Gadsden City High School for the State of Alabama and the (County) of Etowah and (City) of Gadsden Owner(s), and have made request for final settlement of said Contract. All persons having any claim for labor, materials, or otherwise in connection with this project should immediately notify McKee and Associates, 631 South Hull St., Montgomery, AL 36104.

Greer Building Contractors, LLC

110 Thomas Drive

Gadsden, AL. 35904

May 23, 30, and June 6, 2025

______________

ADVERTISEMENT FOR BIDS THE WATER WORKS AND SEWER BOARD OF THE TOWN OF SARDIS CITY

SARDIS CITY, ALABAMA WATER SYSTEM IMPROVEMENTS CONTRACT NO. 3 – WATER MAIN UPGRADES

General Notice

The Water Works and Sewer Board of the Town of Sardis City, Owner is requesting Bids for the construction of the following Project:

Water System Improvements, Contract No. 3 – Water Main Upgrades

Bids for the construction of the Project will be received at the Water Works and Sewer Board of the Town of Sardis City located at 860 Church Street, Sardis City, AL 35956, until Thursday, June 19, 2025, at 2:00 P.M. local time. At that time the Bids received will be publicly opened and read.

The Project includes the following Work:

Contract No. 3 – Water Main Upgrades

Bids are requested for the following Contract: Water System Improvements, Contract No. 3 –Water Main Upgrades

Owner anticipates that the Project’s total bid price will be approximately $1,300,000.00. The Project has an expected duration of 120 days for Bid Schedule “A” or 150 days for Bid Schedule “B”.

Obtaining the Bidding Documents

The Issuing Office for the Bidding Documents is:

Ladd Environmental Consultants, Inc.

1207 Chitwood Avenue, SE (P. O. Box 680869, Zip: 35968-1609)

Fort Payne, AL 35967-4822

Telephone No. (256) 845-5315 / E-Mail: ladd@laddenv.com

Prospective Bidders may obtain or examine the Bidding Documents at the Issuing Office on Monday through Thursday between the hours of 8:00 – 12:00 and 1:00 – 5:00 and Fridays 8:00 – 12:00, and may obtain copies of the Bidding Documents from the Issuing Office as described below. Partial sets of Bidding Documents will not be available from the Issuing Office. Neither Owner nor Engineer will be responsible for full or partial sets of Bidding Documents, including addenda, if any, obtained from sources other than the Issuing Office.

Printed copies of the Bidding Documents may be obtained from the Issuing Office by paying a deposit of $150.00 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 at the stated office. Bidders who return full sets of the Bidding Documents in good condition within 10 days after receipt of Bids will receive a full refund. Non-Bidders, and Bidders who obtain more than one set of the Bidding Documents, will receive a refund of $75.00 for docu-ments returned in good condition within the time limit indicated above. Make deposit checks for Bidding Documents payable to Ladd Environmental Consultants, Inc.

Bidding Documents also may be examined at Construct Connect Plan Room, 800-364-2059, Dodge Data & Analytics Plan Room, The Blue Book Plan Room and the office of the Water Works and Sewer Board of the Town of Sardis City on Mondays through Fridays between the hours of 8:30 – 4:30.

Bidding Documents may be purchased from the Issuing Office during the hours indicated above. Cost does include shipping charges. Upon Issuing Office’s receipt of payment, printed Bidding Documents will be sent via standard delivery service.

A Pre-bid Conference will not be held.

Instructions to Bidders.

For all further requirements regarding bid submittal, qualifications, procedures, and contract award, refer to the Instructions to Bidders that are included in the Bidding Documents.

American Iron and Steel

Section 746 of Title VII of the Consolidated Appropriations ACT of 2017 (Division A – Agricul-ture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statues mandating domestic preference applies an American Iron and Steel requirement to this project. All iron and steel products used in this project must be produced in the United States. The term “iron and steel products” means the following prod-ucts made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restrains, valves, struc-tural steel, reinforced precast concrete, and Construction Materials.

The following wavers apply to this Contract:

De Minimis.

Pig iron and direct reduced iron

This Advertisement is issued by:

Owner: WATER WORKS AND SEWER BOARD OF THE TOWN OF SARDIS CITY

By: Loyd Richey

Title: Chairman

Date: May 23, 2025

May 30, 2025

_____________

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, JUNE 2, 2024 AT 5:00 P.M. PUBLIC HEARINGS WILL BE HELD AT 612 4TH STREET NW. ATTALLA, ALABAMA. THE FOLLOWING ADDRESSES WILL BE DISCUSSED.

402 HUGHES AVENUE, ATTALLA, AL. 35954

1005 2ND STREET, ATTALLA, AL. 35954

320 FAIRFAX STREET, SW, ATTALLA, AL 35954

613 5TH AVENUE, NW, ATTALLA, AL 35954

111 HUGHES AVENUE, ATTALLA, AL 35954

Mandy Cash

City Clerk

May 23, and 30, 2025

____________

LEGAL NOTICE

The following units will be auctioned or otherwise disposed of on June 12, 2025 beginning at 9:00 A.M. on the premises of Stock it N Lock it Mini Storage located at 3403 Rainbow Parkway, Rainbow City, AL. 35906.

Jackie Bowlen Unit 295K and 297K

Amy Mason Unit 28-A

Kristie Pratt Unit 136-E and 481-N

May 30 and June 6, 2025

____________

LEGAL NOTICE

The following storage units will be auctioned on June 11, 2025 beginning at 10:00 A.M. on the business premises of Southtown Mini Warehouses, Southtowne is located at 199 Woodland Drive, off of Steele Station Road in Rainbow City, AL. 356906.

Tim Bowman Unit 26

Rodeny Eley Unit 54

Donald Webb Unit 162

Jaqueline Looney Unit 327

Shane Smith Unit 419

Melanie Kennedy Unit 573

Laurie Price Unit 28-1B

Mark Price Unit 53-6,8

Steve Powell Unit 788

Susan Moon Unit 818

Roosevelt Johnson Unit 49

Tami Powell Unit 144

Gerald Johnson Unit 171

Janis Poleate Unit 407

Fatima Bibb Unit 512

Danielle Mead Unit 619

Lisa Rydel Unit 5A-8,9

Julie Turner Unit 67-12

Frankie Pollard Unit 792

Jula Baron Unit 83-2

May 30 and June 6, 2025

___________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on July 4, 2025.

2002 White Nissan Maxima VIN: JN1DA31D72T436530

2008 White Chevrolet Silverado 1500 VIN: 1GECEC14X38Z287268

2008 Red Pontiac Grand Prix VIN2G2WP552481113158

2000 Red Ford Mustang VIN: 1FAFP404XYF169036

1979 Burgundy Buick Electra VIN: 4V37K8H4464

2002 Burgundy Pontiac Grand Prix. nVIN: 1G2WP52K22F239863

2007 Blue Dodge Caliber. VIN1B3HB48B77D589417

2007 Silver Acura MDX VIN: 2HNYD28597H521222

1999 Burgundy Lincoln Town Car. VIN: 1LNHM82 W0XY682909

2000 Silver Monte CarloVIN: 2G1WW12E6Y9240591

ER Towing

1733 Forrest Ave

Gadsden, AL 35901

May 30 and June 6, 2025

___________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on July 24, 2025.

2012 Ford F150

VIN: 1FTFW1ET1CFB85517

Parker Motor Company

1070 Pleasant Valley Road

Rainbow City, AL. 35906

256-504-8588

May 23 and 30, 2025

_____________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on July 11, 2025.

2009 Pontiac G6. VIN: 1G2ZG57N194181539

2020 Harley Davidson FXST Motorcycle VIN: 1HD1BVJ14LB066559

2005 Toyota Camry VIN:4T1BE32K95U995724

A and T Quality Autos LLC

1395 Co Rd. 69

Centre, AL. 35960

May 23 and 30, 2025

______________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on July 18, 2025

2012 Nissan Altima VIN1N4AL2AP4CN499191

2002 Mazda B3000 VIN4F4YR12U92TM15826

Thacker Towing

927 5th Avenue NE

Attalla, AL 35954

(256) 504-1605

May 23 and 30, 2025

___________

NOTICE OF VEHICLE POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle(s) on June 27, 2025.

1997 Ford F-150 White. VIN: 1FTDX1869VNA76208

2007 Honda Civic Blue. VIN: 1HGFA16857L106500

2008 Chrysler 300 White VIN: 2C3LA43R18H106657

2007 Toyota Tundra Black VIN: 5TBDV54107S461802

2002 Jeep Wrangler Blue. VIN: 1J4FA39SX2P714994

2015 Ford Fusion Gray VIN: 3FA6P0H76FR197679

2012 Toyota Camry Red VIN: 4T1BF1FK6CU555095

2014 Ford Focus Red VIN: 1FADP3K21EL25137

1998 Ford F-150 white VIN: 1FTZX1720WNB69401

ER Towing

1733 Forrest Ave

Gadsden, AL 35901

May 23 and 30, 2025

__________

ORDINANCE NO. O-12-25

ASSENTING TO ANNEX AND ZONE PROPERTY

TO THE CITY OF GADSDEN, ALABAMA

(Whorton Bend and Oakland Drive Area)

WHEREAS, Joey Jones, John Freeman and John Hayes of Hayes FP, LLC, the legal owners of the property described below, has petitioned for the annexation and zoning of said property pursuant to Section 11-42-20 through 11-42-24, 1975 Code of Alabama; and

WHEREAS, the petition is contingent on the City of Gadsden classifying the property as R-T, Townhouse with a Zero Lot Line Residential District.

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

SECTION 1: The City of Gadsden herby assents to the Annexation of the following Property:

A tract of land lying in and being a portion of the Southwest Quarter of the Northwest Quarter in Section 26, Township 12 South, Range 6 East of the Huntsville Meridian in Etowah County, Alabama and being more particularly described as follows: Commence at a spike found, at the purported Northwest corner of the Southwest Quarter of the Northwest Quarter Section 26, Township 12 South, Range 6 East of the Huntsville Meridian; Thence run N89°55’04”E for a distance of 30.00’ feet to a capped rebar found at the Eastern R.O.W of Oakland Dr.; Said point being the point of beginning of the tract of land being herein described; Thence, leaving said R.O. W, run N89°55’04 “E for a distance of 170.00’ feet to a capped rebar found; Thence run N89°55’04’’E for a distance of 321.36’ feet to a capped rebar found at the Western R.O.W of Whorton Bend Rd.; Thence run, along the said R.O.W, S45°25’13”E for a distance of307.Sr feet to a point; Thence run, along the said R.O.W, S49°16’57nE for a distance of 282.29’ feet to a point; Thence run, along the said R.O.W, S56°20’28n E for a distance of 153.54’ feet to a point; Thence run, along the said R.O.W, S56°49’44”E for a distance of 299.06’ feet to a 2”pipe found; Thence, leaving said R.O.W, run S01°36’06n E for a distance of 336.33’ feet to a 1” pipe found; Thence run S00°39’06n E for a distance of 334.12’ feet to a 2” pipe found; Thence run N89°33’11 “W for a distance of 282.11’ feet to a capped rebar found; Thence run N89°58’57”W for a distance of 657.00’ feet to a capped rebar found; Thence run N02°43’25”W for a distance of 105.22’ feet to a capped rebar found; Thence run N02°43’16”W for a distance of 105.12’ feet to a capped rebar found; Thence run N02°37’25”W for a distance of 104.18’ feet to a rebar found; Thence run N01°15’36”W for a distance of 71.25’ feet to a rebar found; Thence run 75°45’42”W for a distance of 218.60’ feet to a rebar found; Thence run N04°30’33”E for a distance of 120.00’ feet to a rebar found; Thence run N71°29’27”W for a distance of 160.00’ feet to a capped rebar found at the Eastern R.O.W of Oakland Dr.; Thence run, along the said R.O.W, N00°29’35”W for a distance of706.74’ feet to a point; Said point being the point of beginning of the tract of land being herein described; Containing 28.76 +/-acres, more or less. Subject to existing rights of way for public roads, utility lines, easements, and restrictions whether recorded or not. Less and Except A tract of land lying in and being portion of the Southwest Quarter of the Northwest Quarter in Section 26, Township 12 South, Range 6 East of the Huntsville Meridian in Etowah County, Alabama and being more particularly described as follows: Commence at a spike found, at the purported Northwest Corner of the Southwest Quarter of the Northwest Quarter Section 26, Township 12 South, Range 6 East of the Huntsville Meridian, thence run N89°55’04”E for a distance of 30.00’ feet to a capped rebar found at the Eastern R.O.W of Oakland Dr.: thence, leaving said R.O.W. run N89°55’04”E for a distance of 170.00’ feet to a capped rebar found; Thence run N89°55’04”E for a distance of 321.36’ feet to a capped rebar found at the Western R.O.W of Whorton Bend Rd.: thence run, along the said R.O.W, S45°25’13”E for a distance of 307.51’ feet to a point; thence run, along the said R.O.W., S49°16’57”E for a distance of 99.48’ feet to a point; Said point being the point of beginning of the tract of land being herein described; thence run along the said R.O.W., S49°16’57”E for a distance of 182.81’ feet to a rebar found; thence run, along the said R.O.W., S56°20’28”E for a distance of 93.48’ feet to a rebar found; thence leaving said R.O.W., run S52°54’29”W for a distance of 434.12’ feet to a rebar found; thence run N68023’33”W for a distance of 110.80’ feet to a rebar found; thence run Nl1°27’08”E for a distance of 280.08’ feet to a rebar found; thence run N56026’58”E for a distance of 212.76’ feet to a rebar found, said point being the point of beginning of the tract of land being herein described :Containing 2.36+/- acres, more or less Subject to the existing rights of way for public roads, utility lines, easements, and restrictions whether recorded or not.(Property being located on Whorton Bend Road and Oakland Drive Area).

SECTION 2. The corporate limits of the City of Gadsden shall be extended and rearranged so as to embrace and include the property described in Section 1.

SECTION 3. The City Clerk shall have this ordinance published and shall file with Etowah County Probate Judge and Tax Assessor a copy of the ordinance and a map showing the relationship of the annexed property to the present corporate limits.

SECTION 4. The property annexed by this ordinance will become part of current Council District Number 4 and Voting District (or Box) 04B, until the council revises the boundaries of council district and voting districts. It is classified as a R-T, Townhouse with a zero lot line Residential District under the City Zoning Ordinance.

Adopted by the City of Gadsden on May 20, 2025.

Iva Nelson, City Clerk

May 30, 2025

____________

ORDINANCE NO. O-13-25

ASSENTING TO ANNEX PROPERTY

TO THE CITY OF GADSDEN, ALABAMA

(In and Around 1831 Owens Street)

WHEREAS, Withrow and Grant Properties, LLC the legal owners of the property described below, has petitioned for the annexation of said property pursuant to Section 11-42-20 through 11-42-24, 1975 Code of Alabama; and

WHEREAS, the petition is contingent on the City of Gadsden classifying the property as R-1, Single Family Residential District.

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

SECTION 1: The City of Gadsden herby assents to the Annexation of the following Property:

Begin at the Northeast corner of Government Lot “9”, Section 17, T-12-S, R-6-East of Huntsville Meridian, on the South R/W of an unnamed street and run S88°16’41 “W, along the North line of said fractional 1/4 and said South RIW, 1335.82 feet to an existing 112” rod on the West line of said fractional 1/4; thence run S07°00’03”W along said West line, 405.62 feet to an existing pinch-pipe on the 5 I 1.00 feet contour of Lake Neely Henry; thence leaving said West line run the following chord bearings and distances along said contour, S79°16’33”E 317.69 feet; N64°03’48”E, 70.14 feet; N06°25’54”E, 71.17 feet; NI3°09’13”E, 63.37 feet; S28°33’29”E, 32.12 feet; SI8°32’25”E, 47.08 feet; S24°04’28”E, 46.50 feet; S66°09’36”E, 46.27 feet; S76°Il ‘I 9”E, 38.42 feet; S85°3 I ‘39”E, 84.I 6 feet; N84°05’59”E, 45.34 feet; N78°07’I7”E, 64.09 feet; N87°47’47”E, 136.8I feet; S82°40’35”E, 113.03 feet; N74°54’45”E, 73.85 feet; Nl3°29’59”E, 30.87 feet; SSI 0 33’07”E, 77.01 feet; S43°52’42”E, 50.28 feet; S67°07’18”E, 42.09 feet; S63°40’05”E, 93.11 feet and S70°41’15”E, 52.21 feet to a point on the East line of said 1/4; thence run N07°00’00”E, leaving said contour and along said East line, 594.03 feet to the point of beginning.

Said property being a portion of Government Lot “9”, Section 17, T-12-S, R-6-E, Etowah County, Alabama.

Said lands are conveyed subject to the right of Alabama Power Company, a corporation, to flood, cover or

surround with water from time to time that portion of said lands which would either be covered with or

which either alone or together with other lands would be entirely surrounded by waters of the Coosa

River or its tributaries should such river or its tributaries be raised and backed up to that certain

datum plane above mean sea level as established by the United States Coast and Geodetic Survey as

adjusted in January 1955, together with rights of ingress and egress over and across such lands. ( In and

around 1831 Owens Street).

SECTION 2. The corporate limits of the City of Gadsden shall be extended and rearranged so as to embrace and include the property described in Section 1.

SECTION 4. The property annexed by this ordinance will become part of current Council District Number 5 and Voting District (or Box) 05B, until the council revises the boundaries of council district and voting districts. It is classified as a R-1, Single Family Residential District under the City Zoning Ordinance.

Adopted by the City of Gadsden on May 20, 2025.

Iva Nelson, City Clerk

May 30, 2025

____________

ORDINANCE NO. O-14-25

Amending City Code Chapter 108 – STORMWATER MANAGEMENT REGULATIONS

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

Section 1.Chapter 108 of the Code of Ordinances of the City of Gadsden is amended to read as follows:

Chapter 108 Stormwater Management Regulations

Sec. 108-1. General provisions.

(a) Purpose. It is the purpose of this chapter to:

(1) Protect, maintain, and enhance the environment of the city and the public health, safety and the general welfare of the citizens of the city, by controlling discharges of pollutants to the city’s stormwater system and to maintain and improve the quality of the receiving waters into which the stormwater outfalls flow, including, without limitation, lakes, rivers, streams, ponds, wetlands, and groundwater of the city.

(2) Enable the city to comply with the National Pollution Discharge Elimination System (NPDES) permit and applicable regulations, 40 CFR § 122.26, for stormwater discharges.

(3) Allow the city to exercise the powers granted in Code of Alabama 1975 §§ 11-89C-1 et seq., pursuant to Act No. 97-931.

(b) Administering entity. The departments of planning and engineering of the city shall administer the provisions of this chapter.

Sec. 108-2. Definitions.

For the purpose of this chapter, the following definitions shall apply. Words used in the singular shall include the plural, and the plural shall include the singular. Words used in the present tense shall include the future tense. The word “shall” is mandatory and not discretionary. The word “may” is permissive. Words not defined in this section shall be construed to have the meaning given by common and ordinary use.

As built plans mean drawings depicting conditions as they were actually constructed.

Best management practices or BMPs are physical, structural, and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water, that have been approved by the city, and that have been incorporated by reference into this chapter as if fully set out therein.

Channel means a natural or artificial watercourse with a definite bed and banks that conducts flowing water continuously or periodically.

Community water means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wetlands, wells and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the city.

Contaminant means any physical, chemical, biological, or radiological substance or matter in water.

Design storm event means a hypothetical storm event, of a given frequency interval and duration, used in the analysis and design of a stormwater facility.

Discharge means dispose, deposit, spill, pour, inject, seep, dump, leak or place by any means, or that which is disposed, deposited, spilled, poured, injected, seeped, dumped, leaked, or placed by any means including any direct or indirect entry of any solid or liquid matter into the municipal separate storm sewer system.

Easement means an acquired privilege or right of use or enjoyment that a person, party, firm, corporation, city or other legal entity has in the land of another.

Erosion means the removal of soil particles by the action of water, wind, ice or other geological agents, whether naturally occurring or acting in conjunction with or promoted by anthropogenic activities or effects.

Erosion and sediment control plan mean a written plan (including drawings or other graphic representations) that is designed to minimize the accelerated erosion and sediment runoff at a site during construction activities.

Hot spot (priority area) means an area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater.

Illicit connection means illegal and/or unauthorized connections to the municipal separate stormwater system whether or not such connections result in discharges into that system.

Illicit discharge means any discharge to the municipal separate storm sewer system that is not composed entirely of stormwater and not specifically exempted under section 108-3(3).

Land-disturbing activity means any activity that results in a change in the existing soil cover (both vegetative and non-vegetative) and/or the existing soil topography on property. Land-disturbing activities include, but are not limited to, development, re-development, demolition, construction, reconstruction, clearing, grading, filling, and excavation.

Maintenance means any activity that is necessary to keep a stormwater facility in good working order so as to function as designed. Maintenance shall include complete reconstruction of a stormwater facility if reconstruction is needed in order to restore the facility to its original operational design parameters. Maintenance shall also include the correction of any problem on the site property that may directly impair the functions of the stormwater facility.

Maintenance agreement means a document recorded in the land records that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.

Municipal separate storm sewer system(MS4) (Municipal separate stormwater system) means the conveyances owned or operated by the city for the collection and transportation of stormwater, including the roads and streets and their drainage systems, catch basins, curbs, gutters, ditches, manmade channels, and storm drains.

National Pollutant Discharge Elimination System permit or NPDES permit means a permit issued pursuant to 33 U.S. Code § 1342.

Off-site facility means a structural BMP located outside the subject property boundary described in the permit application for land development activity.

On-site facility means a structural BMP located within the subject property boundary described in the permit application for land development activity.

Peak flow means the maximum instantaneous rate of flow of water at a particular point resulting from a storm event.

Person means any and all persons, natural or artificial, including any individual, firm or association and any municipal or private corporation organized or existing under the laws of this or any other state or country.

Priority area means a hot spot as defined within this section 108-2.

Runoff means that portion of the precipitation on a drainage area that is discharged from the area into the municipal separate stormwater system.

Sediment means solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity, or ice and has come to rest on the earth’s surface either above or below sea level.

Sedimentation means soil particles suspended in stormwater that can settle in stream beds and disrupt the natural flow of the stream.

Soils report means a study of soils on a subject property with the primary purpose of characterizing and describing the soils. The soils report shall be prepared by a qualified soils engineer, who shall be directly involved in the soil characterization either by performing the investigation or by directly supervising employees.

Stabilization means providing adequate measures, vegetative and/or structural, that will prevent erosion from occurring.

Stormwater means stormwater runoff, snow melt runoff, surface runoff, street wash waters related to street cleaning or maintenance, infiltration and drainage.

Stormwater management means the programs to maintain quality and quantity of stormwater runoff to pre-development levels.

Stormwater management facilities means the drainage structures, conduits, ditches, combined sewers, sewers, and all device appurtenances by means of which stormwater is collected, transported, pumped, treated or disposed of.

Stormwater management plan means the set of drawings and other documents that comprise all the information and specifications for the programs, drainage systems, structures, BMPs, concepts and techniques intended to maintain or restore quality and quantity of stormwater runoff to pre-development levels.

Stormwater runoff means flow on the surface of the ground, resulting from precipitation.

Structural BMPs means devices that are constructed to provide control of stormwater runoff.

Surface water includes waters upon the surface of the earth in bounds created naturally or artificially including, but not limited to, streams, other water courses, lakes and reservoirs.

Watercourse means a permanent or intermittent stream or other body of water, either natural or manmade, which gathers or carries surface water.

Watershed means all the land area that contributes runoff to a particular point along a waterway.

Sec. 108-3. Land disturbance permits.

(1) When required. Every person conducting land-disturbing activities will be required to obtain either a Major or Minor Land Disturbance Permit. A Major Land Disturbance Permit constitutes land-disturbing activities affecting an area of land 1.0 acres and larger in size and/or a site that requires an Alabama Department of Environmental Management (ADEM) National Pollutant Discharge Elimination System Permit (NPDES). In the event that ADEM reviews a site and determines that no NPDES Permit is required, then, no Major Land Disturbance Permit will be required by the City. However, written ADEM documentation must be submitted to waive the Major Land Disturbance Permit. All other land-disturbing activities will require a Minor Land Disturbance Permit.

(2) Building permit. No building permit shall be issued until the applicant has obtained a land disturbance permit where the same is required by this chapter.

(3) Exemptions. The following activities are exempted from the permit requirements.

(a) Any emergency activity that is immediately necessary for the protection of life, property, or natural resources.

(b) Existing nursery and agricultural operations conducted as a permitted main or accessory use.

(c) Any logging or agricultural activity that is consistent with a farm conservation plan or a timber management plan submitted to and approved by the City of Gadsden Engineering Department.

(d) Additions or modifications to existing single family structures.

(e) Construction of single-family residential structures where an ADEM permit is not required or the property owner owns less than one acre and is not part of a larger common development that exceeds one acre.

(4) Application for any land disturbance permit.

(a) Each application shall include the following:

1. Address and parcel number of the subject property;

2. Name, address, and contact information for the subject property owner;

3. Name, address, and contact information for the applicant (if different from owner);

4. Name, address, and contact information for the site contact;

5. Name, address and contact information of the contractor and any subcontractor(s) who shall perform the land-disturbing activity and who shall implement the erosion and sediment control plan;

6. Name, address, and contact information for the project engineer (if applicable);

7. A statement indicating the nature, extent and purpose of the land-disturbing activity including the size of the area for which the permit shall be applicable and a schedule for the starting and completion dates of the land-disturbing activity;

8. The applicant shall obtain from any other state or federal agency any other appropriate environmental permits that pertain to the property. However, the inclusion of those permits in the application shall not foreclose the city from imposing additional development requirements and conditions, commensurate with this chapter, on the development of property covered by those permits.

(b) Each land disturbance permit fee shall be outlined as below in table 1:

Land Disturbance Fee Schedule

Single Family Residential

Commercial

Major Land Disturbance Permit

$25.00

$150.00 for up to 1.0 acre disturbed, plus as additional $100.00 per acre thereafter

Minor Land Disturbance Permit

$10.00

$50.00

(d) Each major land disturbance permit application shall be accompanied by:

1. A sediment and erosion control plan as described in subsection 108-5(5).

2. A stormwater management plan as described in subsection 108-5(4), providing for stormwater management during the land-disturbing activity and after the activity has been completed.

(5) Review and approval of application.

(a) The city will review each application for a land disturbance permit to determine its conformance with the provisions of this chapter. Within 30 days after receiving an application, the city shall provide one of the following responses in writing:

1. Approval of the permit application;

2. Approval of the permit application, subject to such reasonable conditions as may be necessary to secure substantially the objectives of this chapter, and issue the permit subject to these conditions; or

3. Denial of the permit application, indicating the reason(s) for the denial.

(b) If the city has granted conditional approval of the permit, the applicant shall submit a revised plan that conforms to the conditions established by the city. However, the applicant shall be allowed to proceed with his land-disturbing activity so long as it conforms to conditions established by the city.

(d) If proposed design or property usage are modified after initial city approval, the applicant shall stop construction and submit said modifications to the city for review.

(6) Permit duration. Every land disturbance permit shall expire and become null and void if substantial work authorized by such permit has not commenced within 180 days of the permit issue date.

(7) Notice of construction. The applicant must notify the city ten working days in advance of the commencement of construction. Regular inspections of the stormwater management system construction shall be conducted by a QCI (qualified credentialed inspector) provided by the contractor. Erosion control measures shall be inspected according to program requirements at a minimum monthly and after any rainfall event in excess of ¾ of an inch during a 24-hour period. All inspections shall be documented and written reports prepared that contain the following information:

1. The date and location of the inspection;

2. Whether construction is in compliance with the approved stormwater management plan;

3. Variations from the approved construction specifications;

4. Any violations that exist.

(8) Performance bonds.

(a) The city may, at its discretion, require the submittal of a performance security or performance bond prior to issuance of a permit in order to ensure that the stormwater practices are installed by the permit holder as required by the approved stormwater management plan. The amount of the installation performance security or performance bond shall be the total estimated construction cost of the structural BMPs approved under the permit plus any reasonably foreseeable additional related costs, e.g., for damages or enforcement. The performance security shall contain forfeiture provisions for failure to complete work specified in the stormwater management plan. The applicant shall provide an itemized construction cost estimate complete with unit prices which shall be subject to acceptance, amendment or rejection by the city. Alternatively, the city shall have the right to calculate the cost of construction cost estimates.

(b) The performance security or performance bond shall be released in full only upon submission of as-built plans and written certification by a registered professional engineer licensed to practice in Alabama that the structural BMP has been installed in accordance with the approved plan and other applicable provisions of this chapter. The city will make a final inspection of the structural BMP to ensure that it is in compliance with the approved plan and the provisions of this chapter. Provisions for a partial pro-rata release of the performance security or performance bond based on the completion of various development stages can be made at the discretion of the city.

Sec. 108-4. Waivers.

(1) General. Every applicant shall provide for stormwater management as required by this chapter, unless a written request is filed to waive this requirement. Requests to waive the stormwater management plan requirements shall be submitted to the city for approval.

(2) Conditions for waiver. The minimum requirements for stormwater management may be waived in whole or in part upon written request of the applicant, provided that at least one of the following conditions applies:

(a) It can be demonstrated that the proposed development is not likely to impair attainment of the objectives of this chapter.

(b) Alternative minimum requirements for on-site management of stormwater discharges have been established in a stormwater management plan that has been approved by the city.

(c) Provisions are made to manage stormwater by an off-site facility. The off-site facility must be in place and designed to provide the level of stormwater control that is equal to or greater than that which would be afforded by on-site practices. Further, the facility must be operated and maintained by an entity that is legally obligated to continue the operation and maintenance of the facility.

(3) Downstream damage, etc. prohibited. In order to receive a waiver, the applicant must demonstrate to the satisfaction of the city that the waiver will not lead to any of the following conditions downstream:

(a) Deterioration of existing culverts, bridges, dams, and other structures;

(b) Degradation of biological functions or habitat;

(d) Increased threat of flood damage to public health, life or property.

(4) Land disturbance permit not to be issued where waiver requested. No land disturbance permit shall be issued where a waiver has been requested until the waiver is granted. If no waiver is granted, the plans must be resubmitted with a stormwater management plan.

Sec. 108-5. Stormwater system design and management standards.

(1) Stormwater design or BMP manual.

(a) Adoption. The city adopts as its stormwater design and best management practices (BMP) manual the latest version of the Alabama Handbook for Erosion Control, Sediment Control, and Stormwater Management on Construction Sites and Urban Areas, prepared by the Soil and Water Conservation Committee. The Handbook is incorporated by reference in this chapter as if fully set out herein.

(b) This manual includes a list of acceptable BMPs including the specific design performance criteria and operation and maintenance requirements for each stormwater practice. The manual may be updated and expanded from time to time, at the discretion of the city council, upon the recommendation of the city engineer, based on improvements in engineering, science, monitoring and local maintenance experience. Stormwater facilities that are designed, constructed and maintained in accordance with these BMP criteria will be presumed to meet the minimum water quality performance standards.

(2) General performance criteria for stormwater management. Unless granted a waiver or judged by the city to be exempt, the following performance criteria shall be addressed for stormwater management at all sites requiring a major land disturbance permit, residential or commercial:

(a) All “standard” designs, except for those located in a floodway or located adjacent to a floodway and directly discharging to a floodway or sites discharging directly into waters of the state, shall control the peak flow rates of stormwater discharge associated with design storms of two-year, five-year, ten-year, and 25-year return events based on either a “Type II” rainfall distribution for the SCS (TR-55) Method or rainfall intensity “Intensity-Duration-Frequency (IDF) Curves” for the Rational Method. The associated rainfall data should be derived from reputable, local, historical, rainfall data sources (i.e. NOAA Atlas 14 Precipitation Frequency Data Server). All “standard” designs shall reduce the generation of post-construction stormwater runoff to pre-construction levels. These practices should seek to utilize pervious areas for stormwater treatment and to infiltrate stormwater runoff from driveways, sidewalks, rooftops, parking lots, and landscaped areas to the maximum extent practical to provide treatment for both water quality and quantity. Low-impact and green infrastructure practices are encouraged to accomplish this requirement.

(b) Designs for sites located in a floodway or located adjacent to a floodway and directly discharging to a floodway or sites discharging directly into waters of the state shall attempt to detain and treat the “first flush” of stormwater runoff and issue a “No Rise” Certificate ensuring no increase in flood elevations within the floodway. First flush BMP(s) structures (natural or proprietary) should be designed to capture, detain, and treat, on-site, the first one inch (1”) of stormwater runoff preceded by a seventy-two (72) hour period of no measurable rainfall. For rainfall events greater than 1” or multiple events within a 72-hour period, the first flush structural BMP(s) should capture and treat the first 1” of stormwater runoff and the remainder of the stormwater runoff may by-pass the treatment structure. The BMP structure(s) should promote infiltration, evaporation, and transpiration to achieve a seventy-two (72) hour drawdown time of the stormwater runoff. If treatment of the first flush is not feasible or economically viable, the “standard” design, controlling peak flows of 2-year, 5-year, 10-year, and 25-year return events, can be utilized to satisfy requirements.

(c) To protect stream channels from degradation, specific channel protection criteria shall be provided as prescribed in the BMP manual.

(d) Stormwater discharges to critical areas with sensitive resources (i.e., cold water fisheries, shellfish beds, swimming beaches, recharge areas, water supply reservoirs) may be subject to additional performance criteria, or may need to utilize or restrict certain stormwater management practices.

(e) Stormwater discharges from hot spots may require the application of specific structural BMPs and pollution prevention practices.

(f) Prior to or during the site design process, applicants for land disturbance permits shall consult with the city to determine if they are subject to additional stormwater design requirements.

(3) Minimum control requirements.

(a) Stormwater designs shall meet the requirements stated in Section 108-5 2(a) unless the city has granted the applicant a full or partial waiver for a particular BMP under section 108-4.

(b) If hydrologic or topographic conditions warrant greater control than that provided by the minimum control requirements, the city may impose any and all additional requirements deemed necessary to control the volume, timing, and rate of runoff.

(4) Stormwater management plan requirements. The stormwater management plan shall include sufficient information to allow the city to evaluate the environmental characteristics of the project site, the potential impacts of all proposed development of the site, both present and future, on the water resources, and the effectiveness and acceptability of the measures proposed for managing stormwater generated at the project site. To accomplish this goal the stormwater management plan shall include the following:

(a) Topographic base map: A scale no greater than one inch equals 100 feet topographic base map of the site which extends a minimum of 50 feet beyond the limits of the proposed development and indicates:

1. Existing surface water drainage including streams, ponds, culverts, ditches, sink holes, wetlands; and the type, size, elevation, etc., of nearest upstream and downstream drainage structures;

2. Current land use including all existing structures, locations of utilities,roads, and easements;

3. All other existing significant natural and artificial features;

4. Proposed land use with tabulation of the percentage of surface area to be adapted to various uses; drainage patterns; locations of utilities, roads and easements; the limits of clearing and grading;

5. Proposed structural BMPs;

6. A written description of the site plan and justification of proposed changes in natural conditions may also be required.

(b) Calculations: Hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in the BMP manual. These calculations must show that the proposed stormwater management measures are capable of controlling runoff from the site in compliance with this chapter and the guidelines of the BMP manual. Such calculations shall include:

1. A description of the design storm frequency, duration, and intensity where applicable;

2. Time of concentration;

3. Soil curve numbers or runoff coefficients including assumed soil moisture conditions;

4. Peak runoff rates and total runoff volumes for each watershed area;

5. Infiltration rates, where applicable;

6. Culvert, stormwater sewer, ditch and/or other stormwater conveyance capacities;

7. Flow velocities;

8. Data on the increase in rate and volume of runoff for the design storms referenced in the BMP manual;

9. Documentation of sources for all computation methods and field test results; and

10. Summary tables (similar to below) describing and comparing basin characteristics, stormwater runoff calculations, and storage/containment calculations.

Example Drainage Basin Analysis Summary

Soil Group

(if applicable)

Basin #1

(Pre-Construction)

1.75 Acres

Basin #1

(Post Construction)

1.75 Acres

Usage

Area

(Acres)

C/CN

Usage

Area

(Acres)

C/CN

Soil Group B

Grass

0.50

0.30

Grass

0.50

0.30

Woods

1.00

0.15

Woods

0.25

0.15

Impervious

0.25

0.95

Impervious

1.00

0.95

Composite

C/CN

0.31

Composite

C/CN

0.65

Basin #2

(Pre-Construction)

1.00 Acres

Basin #2

(Post-Construction)

1.00 Acres

Soil Group D

Grass

0.25

0.30

Grass

0.10

0.30

Gravel

0.50

0.30

Gravel

0.10

0.60

Impervious

0.25

0.95

Impervious

0.80

0.95

Composite

C/CN

0.62

Composite

C/CN

0.85

Example Stormwater Runoff Calculations Summary

Basin #1

Peak Flow/Return Event

2-Year

5-Year

10-Year

25-Year

Qpre (CFS)

1.50

2.05

2.60

3.50

Qpost (CFS)

4.00

4.50

5.35

6.05

Qpost with Storage (CFS)

1.40

1.90

2.45

3.25

Net Q (CFS)

-0.10

-0.15

-0.25

Basin #1

Qpre (CFS)

0.90

1.35

1.95

2.30

Qpost (CFS)

3.60

4.05

1.55

5.10

Qpost with Storage (CFS)

0.85

1.20

1.75

2.05

Net Q (CFS)

-0.05

-0.15

-0.20

-0.25

Example Storage/Containment Calculations Summary

Basin #1

2-Year

5-Year

10-Year

25-Year

Storage Volume (CU FT)

8,350

Used Volume (CU FT)

1,225

3,690

5,775

7,120

Remaining Volume (CU FT)

7,125

4,660

2,575

1,230

Basin #2

Storage Volume (CU FT)

5,000

Used Volume (CU FT)

975

1,300

3,215

4,590

Remaining Volume (CU FT)

4,025

3,700

1,785

410

(c) Soils information: If a stormwater management control measure depends on the hydrologic properties of soils (e.g., infiltration basins), then a soils report shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles and soil survey reports. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soil types present at the location of the control measure.

(d) Maintenance and repair plan: The design and planning of all stormwater management facilities shall include detailed maintenance and repair procedures to ensure their continued performance. These plans will identify the parts or components of a stormwater management facility that need to be maintained and the equipment and skills or training necessary. Provisions for the periodic review and evaluation of the effectiveness of the maintenance program and the need for revisions or additional maintenance procedures shall be included in the plan. A permanent elevation benchmark shall be identified in the plans to assist in the periodic inspection of the facility.

(e) Landscaping plan: The applicant must present a detailed plan for management of vegetation at the site after construction is finished, including who will be responsible for the maintenance of vegetation at the site and what practices will be employed to ensure that adequate vegetative cover is preserved.

(f) Maintenance easements: The applicant must ensure access to the site for the purpose of inspection and repair by securing all the maintenance easements needed. These easements must be binding on the current property owner and all subsequent owners of the property and must be properly recorded in the land record.

(g) Maintenance agreement:

1. The owner of property to be served by an on-site stormwater management facility must execute an inspection and maintenance agreement that shall operate as a deed restriction binding on the current property owner and all subsequent property owners.

2. The maintenance agreement shall:

a. Assign responsibility for the maintenance and repair of the stormwater facility to the owner of the property upon which the facility is located and be recorded as such on the plat for the property by appropriate notation.

b. Provide for a periodic inspection by the property owner for the purpose of documenting maintenance and repair needs and ensure compliance with the purpose and requirements of this chapter. The property owner shall also grant permission to the city to enter the property at reasonable times and to inspect the stormwater facility to ensure that it is being properly maintained.

c. Provide that the minimum maintenance and repair needs include, but are not limited to: the removal of silt, litter and other debris, the cutting of grass, grass cuttings and vegetation removal, and the replacement of landscape vegetation, in detention and retention basins, and inlets and drainage pipes and any other stormwater facilities. It shall also provide that the property owner shall be responsible for additional maintenance and repair needs consistent with the needs and standards outlined in the BMP manual.

d. Provide that maintenance needs must be addressed in a timely manner, on a schedule to be determined by the city.

e. Provide that if the property is not maintained or repaired within the prescribed schedule, the city shall perform the maintenance and repair at its expense, and bill the same to the property owner. The maintenance agreement shall also provide that the city’s cost of performing the maintenance shall be a lien against the property.

3. The city shall have the discretion to accept the dedication of any existing or future stormwater management facility, provided such facility meets the requirements of this chapter, and includes adequate and perpetual access and sufficient areas, by easement or otherwise, for inspection and regular maintenance. Any stormwater facility accepted by the city must also meet the city’s construction standards and any other standards and specifications that apply to the particular stormwater facility in question.

(h) Sediment and erosion control plans: The applicant must prepare a sediment and erosion control plan for all construction activities that complies with subsection 108-5(5).

(5) Sediment and erosion control plan requirements. The sediment and erosion control plan shall accurately describe the potential for soil erosion and sedimentation problems resulting from land-disturbing activity and shall explain and illustrate the measures that are to be taken to control these problems. The length and complexity of the plan is to be commensurate with the size of the project, severity of the site condition, and potential for off-site damage. The plan shall be sealed by a registered professional engineer licensed in the State of Alabama. The plan shall also conform to the requirements found in the BMP manual, and shall include at least the following:

(a) Project description—Briefly describe the intended project and proposed land-disturbing activity including number of units and structures to be constructed and infrastructure required.

(b) A topographic map with contour intervals of two feet or less showing present conditions and proposed contours resulting from land-disturbing activity.

(c) All existing drainage ways, including intermittent and wet-weather. Include any designated floodways or flood plains.

(d) A general description of existing land cover. Individual trees and shrubs do not need to be identified.

(e) Stands of existing trees as they are to be preserved upon project completion, specifying their general location on the property. Differentiation shall be made between existing trees to be preserved, trees to be removed and proposed planted trees. Tree protection measures must be identified, and the diameter of the area involved must also be identified on the plan and shown to scale. Information shall be supplied concerning the proposed destruction of exceptional and historic trees in setbacks and buffer strips, where they exist. Complete landscape plans may be submitted separately. The plan must include the sequence of implementation for tree protection measures.

(f) Approximate limits of proposed clearing, grading and filling.

(h) A general description of existing soil types and characteristics and any anticipated soil erosion and sedimentation problems resulting from existing characteristics.

(i) Location, size and layout of proposed stormwater and sedimentation control improvements.

(j) Proposed drainage network.

(k) Proposed drain tile or waterway sizes.

(l) Approximate flows leaving site after construction and incorporating water run-off mitigation measures. The evaluation must include projected effects on property adjoining the site and on existing drainage facilities and systems. The plan must address the adequacy of outfalls from the development: when water is concentrated, what is the capacity of waterways, if any, accepting stormwater off-site; and what measures, including infiltration, sheeting into buffers, etc., are going to be used to prevent the scouring of waterways and drainage areas off-site, etc.

(m) The projected sequence of work represented by the grading, drainage and sedimentation and erosion control plans as related to other major items of construction, beginning with the initiation of excavation and including the construction of any sediment basins or retention facilities or any other structural BMPs.

(n) Specific remediation measures to prevent erosion and sedimentation run-off. Plans shall include detailed drawings of all control measures used; stabilization measures including vegetation and non-vegetation measures, both temporary and permanent, will be detailed. Detailed construction notes and a maintenance schedule shall be included for all control measures in the plan.

(o) Specific details for the construction of rock pads, wash down pads, and settling basins for controlling erosion; road access points; eliminating or keeping soil, sediment, and debris on streets and public ways at a level acceptable to the city. Soil, sediment, and debris brought onto streets and public ways must be removed by the end of the work day by machine, broom or shovel to the satisfaction of the city. Failure to remove the sediment, soil or debris shall be deemed a violation of this chapter.

(p) Proposed structures; location (to the extent possible) and identification of any proposed additional buildings, structures or development on the site.

(q) A description of on-site measures to be taken to recharge surface water into the ground water system through infiltration.

Sec. 108-6. Post construction.

(1) As built plans. All applicants are required to submit actual as built plans for any structures located on-site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be sealed by a registered professional engineer licensed to practice in Alabama. A final inspection by the city is required before any performance security or performance bond will be released. The city shall have the discretion to adopt provisions for a partial pro-rata release of the performance security or performance bond on the completion of various stages of development. In addition, occupation permits shall not be granted until corrections to all BMPs have been made and accepted by the city.

(2) Landscaping and stabilization requirements.

(a) Any area of land from which the natural vegetative cover has been either partially or wholly cleared by present or past development activities shall be revegetated according to a schedule approved by the city. The following criteria shall apply to revegetation efforts:

1. All sites shall have an establishment of permanent ground cover (vegetative, pavements of erosion resistant hard or soft material, or impervious structures) planned for all disturbed areas to permanently eliminate soil erosion to the maximum extent practicable.

2. All sites shall have at least ten percent permanent “green” vegetated areas. Permanent vegetation shall consist of planted trees, shrubs, perennial vines; and/or an agricultural or a perennial crop of vegetation appropriate for the region and accomplished according to the Alabama Handbook. Final stabilization applies to each phase of construction.

3. Established vegetation will be considered final if 100% of the soil surface is uniformly covered in permanent vegetation with a density of 85% or greater. Reseeding or replanting must be performed to maintain the 85% or greater density on an annual basis.

4. Replanting with native woody and herbaceous vegetation must be accompanied by placement of straw mulch or its equivalent of sufficient coverage to control erosion until the plantings are established and are capable of controlling erosion.

(b) In addition to the above requirements, a landscaping plan must be submitted with the final design describing the vegetative stabilization and management techniques to be used at a site after construction is completed. This plan will explain not only how the site will be stabilized after construction, but who will be responsible for the maintenance of vegetation at the site and what practices will be employed to ensure that adequate vegetative cover is preserved.

(3) Inspection of stormwater management facilities. Periodic inspections of facilities shall be performed as provided for in subsections 108-5(4)(g)(2)(b).

(4) Records of installation and maintenance activities. Parties responsible for the operation and maintenance of a stormwater management facility shall make records of the installation of the stormwater facility, and of all maintenance and repairs to the facility, and shall retain the records for at least 13 years after substantial completion of the stormwater facility. These records shall be made available to the city during inspection of the facility and at other reasonable times upon request.

(5) Failure to meet or maintain design or maintenance standards. If a responsible party fails or refuses to meet the design or maintenance standards required for stormwater facilities under this chapter, the city, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition. In the event that the stormwater management facility becomes a danger to public safety or public health, the city shall notify in writing the party responsible for maintenance of the stormwater management facility. Upon receipt of that notice, the responsible person shall have 14 calendar days, or such additional time as the city engineer shall determine to be reasonably necessary to complete the action, to effect maintenance and repair of the facility in an approved manner. In the event that corrective action is not undertaken within that time, the city may take necessary corrective action. The cost of any action by the city under this section shall be charged to the responsible party.

Sec. 108-7. Existing locations and developments.

(1) Requirements for all existing locations and developments. The following requirements shall apply to all locations and development at which land-disturbing activities have occurred subsequent to the enactment of this chapter:

(a) Denuded areas must be vegetated or covered under the standards and guidelines specified in the BMP manual and on a schedule acceptable to the city.

(b) Cuts and slopes must be properly covered with appropriate vegetation and/or retaining walls constructed.

(c) Drainage ways shall be properly covered in vegetation or secured with rip-rap, channel lining, etc., to prevent erosion.

(d) Trash, junk, rubbish, etc. shall be cleared from drainage ways.

(e) Stormwater runoff shall be controlled to prevent pollution of local waters. Current control measures may include, but are not limited to, the following:

1. Ponds;

a. Detention pond.

c. Wet pond.

d. Alternative storage measures.

2. Constructed wetlands.

3. Infiltration systems.

a. Infiltration/percolation trench.

b. Infiltration basin.

c. Drainage (recharge) well.

d. Porous pavement.

4. Filtering systems;

a. Bio-retention area/rain garden.

b. Catch basin inserts/media filter.

c. Sand filter.

d. Filter/absorption bed.

e. Filter and buffer strips.

5. Open channel;

a. Swale.

(2) Requirements for existing problem locations. When the city becomes aware of a problem location, the city shall in writing notify the owners of existing locations and developments of specific drainage, erosion or sediment problem affecting such locations and developments, and the action required to correct those problems. The notice shall also specify a reasonable time for compliance.

(3) Inspection of existing facilities. The city may, to the extent authorized by state and federal law, establish inspection programs to verify that all stormwater management facilities, including those built before as well as after the adoption of this chapter, are functioning within design limits. These inspection programs may be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of the city’s NPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other BMPs.

(4) Correction of problems subject to appeal. Corrective measures imposed by the city under this section are subject to appeal under section 108-11.

Sec. 108-8. Illicit discharges.

(1) Scope. This section shall apply to all water generated on developed or undeveloped land entering the city’s separate storm sewer system.

(2) Prohibition of illicit discharges. No person shall introduce or cause to be introduced into the municipal separate storm sewer system any discharge that is not composed entirely of stormwater. The commencement, conduct or continuance of any non-stormwater discharge to the municipal separate storm sewer system is prohibited except as described as follows:

(a) Uncontaminated discharges from the following sources:

1. Water line flushing or other potable water sources,

2. Landscape irrigation or lawn watering with potable water,

3. Diverted stream flows,

4. Rising ground water,

5. Groundwater infiltration to storm drains,

6. Pumped groundwater,

7. Foundation or footing drains,

8. Crawl space pumps,

9. Air conditioning condensation,

10. Springs,

11. Non-commercial washing of vehicles,

12. Natural riparian habitat or wet-land flows,

13. Swimming pools (if dechlorinated – typically less than one PPM chlorine),

14. Firefighting activities, and

15. Any other uncontaminated water source.

(b) Discharges specified in writing by the city as being necessary to protect public health and safety.

(3) Prohibition of illicit connections.

(a) The construction, use, maintenance or continued existence of illicit connections to the separate municipal storm sewer system is prohibited.

(b) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

(4) Reduction of stormwater pollutants by the use of best management practices. Any person responsible for a property or premises, which is, or may be, the source of an illicit discharge, may be required to implement, at the person’s expense, the BMPs necessary to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section.

(5) Notification of spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting in, or may result in, illicit discharges or pollutants discharging into stormwater, the municipal separate storm sewer system, the person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials the person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, the person shall notify the city in person or by telephone or facsimile no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the city within three business days of the telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least 13 years after the release.

Sec. 108-9. Enforcement.

(1) Enforcement authority. The departments of planning and engineering of the city shall have the authority to issue notices of violation and citations and to designate those persons who have enforcement authority.

(2) Notification of violation.

(a) Written notice. Whenever an authorized employee of the departments of planning and engineering of the city finds that any permittee or any other person discharging stormwater has violated or is violating this chapter or a permit or order issued hereunder, the employee may serve upon such person written notice of the violation. Within ten days of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the departments of planning and engineering. Submission of this plan in no way relieves the discharger of liability for any violations occurring before or after receipt of the notice of violation.

(b) Consent orders. The authorized employees of the planning and engineering departments are empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the person responsible for the noncompliance. Such orders will include specific action to be taken by the person to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders issued pursuant to paragraphs (d) and (e) below.

(c) Show cause hearing. An authorized employee of the planning and engineering departments may order any person who violates this chapter or permit or order issued hereunder, to show cause why a proposed enforcement action should not be taken. Notice shall be served on the person specifying the time and place for the meeting, the proposed enforcement action and the reasons for such action, and a request that the violator show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten days prior to the hearing.

(d) Compliance order. When an authorized employee of the planning and engineering departments finds that any person has violated or continues to violate this chapter or a permit or order issued thereunder, he may issue an order to the violator directing that, following a specific time period, adequate structures, devices, be installed or procedures implemented and properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the construction of appropriate structures, installation of devices, self-monitoring, and management practices.

(e) Cease and desist orders. When an authorized employee of the planning and engineering departments finds that any person has violated or continues to violate this chapter or any permit or order issued hereunder, the employee may issue an order to cease and desist all such violations and direct those persons in noncompliance to:

1. Comply forthwith; or

2. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.

(3) Conflicting standards. Whenever there is a conflict between any standard contained in this chapter and in the BMP manual adopted by the city under this chapter, the strictest standard shall prevail.

Sec. 108-10. Penalties.

(1) Violations. Any person who shall commit any act declared unlawful under this chapter, who violates any provision of this chapter, who violates the provisions of any permit issued pursuant to this chapter, or who fails or refuses to comply with any lawful communication or notice to abate or take corrective action by the city, shall be guilty of a criminal offense.

(2) Penalties. Under the authority provided in Alabama Code § 11-45-9, the city declares that any person violating the provisions of this chapter may be fined not less than $50.00 and not more than $500.00 per day for each day of violation. Each day of violation shall constitute a separate violation.

(3) Recovery of damages and costs. The city may recover:

(a) All damages proximately caused by the violator to the city, which may include any reasonable expenses incurred in investigating violations of, and enforcing compliance with, this chapter, or any other actual damages caused by the violation, and

(b) The costs of the city’s maintenance of stormwater facilities when the user of such facilities fails to maintain them as required by this chapter.

(4) Other remedies. The city may bring legal action to enjoin the continuing violation of this chapter. The existence of any other remedy, at law or equity, shall be no defense to any such actions.

(5) Remedies cumulative. The remedies set forth in this section shall be cumulative, not exclusive. It shall not be a defense to any action, civil or criminal, that one or more of the remedies set forth herein has been sought or granted.

Sec. 108-11. Appeals.

Any person aggrieved by the imposition of a civil penalty or damage assessment as provided by this chapter may appeal said penalty or damage assessment to the city council.

(1) Appeals to be in writing. The appeal shall be in writing and filed with the city clerk within 15 days after the civil penalty and/or damage assessment is served in any manner authorized by law.

(2) Public hearing. Upon receipt of an appeal, the city council shall hold a public hearing within 30 days. Ten days prior notice of the time, date, and location of said hearing shall be published in a daily newspaper of general circulation. Ten days’ notice by registered mail shall also be provided to the aggrieved party, such notice to be sent to the address provided by the aggrieved party at the time of appeal. The decision of the city council shall be final.

(3) Appealing decisions of the city council. Any alleged violator may contest a decision of the city council pursuant to the provisions of Alabama law and court rules.

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

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

Section 4. This ordinance shall become effective upon publication.

Adopted by the City Council of Gadsden on May 20, 2025.

Iva Nelson,

City Clerk

May 30, 2025

____________

NOTICE TO CONTRACTORS

Sealed proposals will be received by the City Clerk, City of Gadsden, Alabama, at the City Hall, 90 Broad Street,

Room 411, Gadsden, Alabama until 2:00 P.M., Tuesday, June 24, 2025, for the George Wallace Drive Resurfacing

Project, Bid Request No. 3603, located in the City of Gadsden, Alabama.

Bids submitted prior to the bid opening by mail shall be directed to “City Clerk, P.O. Box 267, Gadsden, Alabama

35902-0267” or in person delivered to the office of the City Clerk, Room 401, City Hall, 90 Broad Street, Gadsden,

Alabama.

Bids will be publicly opened and read at the above time and place. Specifications and contract documents are open to the public for inspection at the City Hall. Electronic (pdf) specifications and contract documents can be distributed at no cost by calling the Engineering Department at 256-549-4520 or by email at

hwilliamson@cityofgadsden.com. All bidders must be registered with the City of Gadsden Engineering Department

in order to submit a bid. Bids received from unregistered bidders will be rejected.

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

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

The successful bidder will be required to furnish and pay for the satisfactory Performance and Payment Bond or

Bond in the amount required by Section 39-1-1(a), Code of Alabama 1975, and evidence of insurance as required by

the bid documents within ten (10) days after being notified that he has been awarded the contract.

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

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

This is a tax-exempt contract.

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

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

THE CITY GADSDEN, ALABAMA

Craig Ford, Mayor

Iva Nelson, City Clerk

May 30, 2025