________________
NOTICE OF FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Shane Fail and wife, Stacey M Fail, to Mortgage Electronic Registration Systems, Inc. acting solely as nominee for EquiFirst Corporation, on September 11, 2006, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Instrument Number, 3255455; and subsequently transferred to U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER SECURITIZATION SERVICING AGREEMENT DATED AS OF APRIL 1, 2007 STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-EQ1; U.S. Bank National Association, as Trustee for Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2007-EQ1, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Etowah County Courthouse, in Gadsden, Alabama, on June 3, 2020, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:
Begin at the Southeast corner of Lot 9, Block “B”, in the R.R. Yeats Subdivision, thence North along the East line of said lot 100 feet, thence West 165 feet to a point in the West line of said lot, which is 100 feet Northerly of the SW corner, thereof thence South and along the West line of said lot 100 feet to the SW corner; thence East and along the South line 147.9 feet to the Southeast thereof, the point of beginning; and embracing a portion of Lot 9 in Block “B”, in R.R. Yeats Subdivision, according to map or plat thereof recorded in Plat Book “C” pages 26-27, Probate Office, Etowah County, Alabama.
Tax parcel # 20-01-01-0001-040.001 (“Parcel 1”)
-and-
Commence at the Southwest corner of Lot 9, Block B of the R.R. Yeats Subdivision, as recorded in Plat Book C, page 27, Probate Office of Etowah County, Alabama, and run in a Northerly direction along the West line of said Lot 9, 115.06 feet to a point, which is the point of beginning; thence continue Northerly along the West line 86.74 feet to a point; thence run right and run in an Easterly direction to a point in the East line of said Lot 9, which is 200 feet from the Southeast corner of Lot 9; thence run right and run in a Southerly direction along the East line of said Lot 9, 100 feet to a point; thence turn an angle of 94 degrees 33 minutes 26 seconds left and run in a Westerly direction 161.43 feet to the point of beginning, and embracing a portion of Lot 9, Block B of the R.R. Yeats Subdivision, as recorded in Plat Book C, page 27, Probate Office, Etowah County, Alabama
Tax parcel # 20-01-01-0-001-040.000 (“Parcel 2”)
Commonly known as 131 Hood Road, Rainbow City, Alabama 35906
This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expense of foreclosure.
Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as part of the foreclosure process.
U.S. Bank National Association, as Trustee for Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2007-EQ1
Transferee
Jauregui, Lindsey, Longshore & Tingle
244 Inverness Center Drive
Suite 200
Birmingham, AL 35242
Phone: (205) 970-2233
April 24, May 1 and 8, 2020
________________
NOTICE OF FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Henry Culp, V, an unmarried man, to Mortgage Electronic Registration Systems, Inc, acting solely as nominee for River Bank & Trust, on August 10, 2018, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Instrument No., 3472111; and subsequently transferred to Specialized Loan Servicing LLC; Specialized Loan Servicing LLC, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Etowah County Courthouse, in Gadsden, Alabama, on June 15, 2020, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:
Lot Number Six (6) in Watson Estates, according to the plat or map thereof as the same appears of record in Plat Book “H”, Page 71, Probate Office, Etowah County, Alabama.
This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expense of foreclosure.
Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as part of the foreclosure process.
Specialized Loan Servicing LLC
Transferee
Jauregui, Lindsey, Longshore & Tingle
244 Inverness Center Drive
Suite 200
Birmingham, AL 35242
Phone: (205) 970-2233
May 1, 8 and 15, 2020
________________
FILE CLAIMS
Tina Kinsey Quarles was/were appointed Personal Representative(s) on 04/01/2020 Estate Roland Leonard New 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
April 17, 24 and May 1, 2020
________________
NOTICE TO CREDITOR
IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA
IN RE: THE ESTATE OF RAYMOND SENTER, DECEASED
CASE NO: S-10884
TAKE NOTICE that Letters of Administration having been granted to Jeffrey Ashley, as Administrator of the Estate of Raymond Senter, deceased, on the 11th day of March, 2020, by the Honorable Scott Hassell, Judge of Probate.
Notice is hereby given that all persons having claims against the said estate are hereby required to present the same within the time allowed by law or the same will be barred.
Jason Knowles
Knowles & Sullivan, LLC
Attorney for
Administrator
400 Broad Street
Gadsden, AL. 35901
256-547-7200
April 17, 24 and May 1, 2020
________________
FILE CLAIMS
Clifford Brady Mayo was/were appointed Personal Representative(s) on 04/02/2020 Estate Annie Ruth Mayo 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
April 24, May 1 and 8, 2020
________________
FILE CLAIMS
Brian Bankston was/were appointed Personal Representative(s) on 03/230/2020 Estate William Ross Bankston 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
April 17, 24, and May 1, 2020
________________
FILE CLAIMS
Robert E. Bell was/were appointed Personal Representative(s) on 03/20/2020 Estate Helene Gertrude Smith deceased; Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.
Scott W. Hassell
Judge of Probate
April 24, May 1 and 8, 2020
________________
FILE CLAIMS
Mary Reese was/were appointed Personal Representative(s) on 4/14/2020 Estate Danny Lyn Reese 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
April 24, May 1 and 8, 2020
________________
FILE CLAIMS
Maxwell T. Burford was/were appointed Personal Representative(s) on 03/20/2020 Estate Vicki Estes Burford 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
April 24, May 1 and 8, 2020
________________
FILE CLAIMS
Jeffrey Guffey was/were appointed Personal Representative(s) on 4/14/2020 Estate Danny Lynn Guffey 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
April 24, May 1 and 8, 2020
________________
FILE CLAIMS
Susan Burroughs Smith was/were appointed Personal Representative(s) on 4/02/2020 Estate Stanley Wayne Smith deceased; Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.
Scott W. Hassell
Judge of Probate
April 24, May 1 and 8, 2020
________________
FILE CLAIMS
Nancy Grant was/were appointed Personal Representative(s) on 4/09/2020 Estate Mozell Hessey 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
April 24, May 1 and 8, 2020
________________
FILE CLAIMS
Paula Huff was/were appointed Personal Representative(s) on 4/08/2020 Estate Mary Nell Couch 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
April 24, May 1 and 8, 2020
________________
NOTICE TO FILE CLAIMS
IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA
IN RE: THE ESTATE OF: BOBBY RAY HARP, DECEASED
CASE NO: S-10756
Take notice that Letters of Testamentary having been granted to ALLEN RAY BATTLES, as Personal Representative of the Estate of BOBBY RAY HARP, deceased on the 7th day of April, 2020 by this Court.
Notice is hereby given that all persons having claims against said estate are hereby required to present the same within the time allowed by law, or the same will be barred.
Scott Hassell
Probate Judge
April 24, May 1 and 8, 2020
________________
FILE CLAIMS
David Powell was/were appointed Personal Representative(s) on 04/03/2020 Estate Johnny C. Powell 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 1, 8 and 15, 2020
________________
FILE CLAIMS
Stevie Preston was/were appointed Personal Representative(s) on 3/27/2020 Estate Kenneth L. Kauffman 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 1, 8, and 15, 2020
________________
ESTATE NOTICE
IN THE MATTER OF THE ESTATE OF: Rondal David Rector, Deceased
In the PROBATE COURT OF ETOWAH COUNTY, ALABAMA
Case # S-10681
TO: Leon Rector, Mary Jones, Claire Forrester and William Rector
YOU ARE HEREBY NOTIFIED that there has been filed in this court a petition to sell the property belonging to Rondal David Rector located at 1035 Skyview Drive, Southside, Alabama 35907 along with a contract and approval to sell said property to Lisa B. Metcalfe.
YOU ARE FURTHER NOTIFIED to be and appear before this court on 9th day of June, 2020 at 10:00 AM when said notice will be heard and to show cause, if any you may have, why this petition to sell not be granted.
This the 22nd day of April, 2020.
Scott W. Hassell
April 24, May 1 and 8, 2020
________________
FILE CLAIMS
Barnie Lee Dickinson was/were appointed Personal Representative(s) on 4/14/2020 Estate Hoyt R. Senter 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
April 24, May 1 and 8, 2020
________________
FILE CLAIMS
Jan Ghazal was/were appointed Personal Representative(s) on 3/24/2020 Estate J L Richardson deceased; Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.
Scott W. Hassell
Judge of Probate
April 24, May 1 and 8, 2020
________________
FILE CLAIMS
Britt Mayhall Hawks was/were appointed Personal Representative(s) on 04/20/2020 Estate Gene Garrison Mayhall, Jr. deceased; Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.
Scott W. Hassell
Judge of Probate
May 1, 8 and 15, 2020
________________
LEGAL NOTICE
Notice is hereby given on Wednesday May 6, 2020 at 9:00 AM, a hearing is set to be heard in The Probate Court of Etowah County, Alabama on the disposition of the remains of Johnny Eagleheart, DOB: 03/14/1965 and DOD: 04/19/2020 and last known address 952 Stewart Ave SE, Attalla, 35954.
May 1, 2020
________________
ORDINANCE – O-11-20
AN ORDINANCE TO ADOPT REGULATIONS FOR SMALL CELL
TECHNOLOGY FACILITIES IN THE CITY OF GADSDEN,
ALABAMA
WHEREAS, The City Council of the City of Gadsden, Alabama seeks to facilitate the
availability of reliable, personal wireless communication services for its citizens and the public
by permitting the placement of Small Cell Technology Facilities and associated Support
Structures along the Rights-Of-Way in the City; and
WHEREAS, the installation, expansion, and maintenance of Small Cell Technology
Facilities and associated Structures on or along the Rights-Of-Way might have significant impact
upon: (1) the aesthetic values and historical character of the City; (2) safe use and passage on or
along the Rights-of-Way by the public; and (3) properties and property values in the City in areas
where such Structures are placed; and
WHEREAS, the Federal Telecommunications Act of 1996 (the “Act”) and regulations
promulgated with respect to the Act by the Federal Communications Commission (“FCC)
authorize local governments to enact responsible regulations for the placement, expansion,
height, and maintenance of Small Cell Technologies Facilities and associated Support Structures;
and
WHEREAS, as provided in this Ordinance Number O-11-20, the City seeks to mandate,
where feasible, the colocation of Small Cell Technology Facilities on existing poles and other
Support Structures as opposed to installation of new Structures; and
WHEREAS, the above-noted colocation and other provisions of this Ordinance are
intended to be consistent with the Act and its associated regulation; and
WHEREAS, the adoption of the regulations, procedures, and requirements in this
Ordinance will permit Applicants and Providers to enhance the provision of personal wireless
service and protect the public welfare, health, safety and interests of the City’s citizens.
THEREFORE, BE IT ORDAINED, BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF GADSDEN, ALABAMA AS FOLLOWS:
Chapter 114 of the Gadsden Code of Ordinances entitled “Telecommunications” is
hereby amended as Ordinance Number O-11-20 is hereby adopted and shall be inserted in the
Gadsden Municipal Code as follows:
ARTICLE III. SMALL CELL TECHNOLOGY FACILITIES
Section 1. Definitions.
The following definitions shall apply in the interpretation of this Ordinance:
- Abandonment or Abandons means that, following the placement of Small Cell
Technologies Facilities (and associated Accessory Equipment) or Support Structures
in the City pursuant to a permit issued to a Provider or an Applicant, any of the
following has occurred: (a) for any reason the Facilities cease to be used to transmit
signals, data, or messages or otherwise be used for their intended purposes for a
period of ninety (90) days; (b) the City revokes the permit for placement and use of
those Facilities due to nonpayment of applicable fees, the failure of the Provider or
Applicant to comply with conditions in the permit or in this Ordinance concerning
them, or other valid reason; or (c) the Provider or Applicant fails to perform any of its
responsibilities, obligations and requirements in this ordinance or in a permit that
relate to the installation, construction, maintenance, use or operation of the Facilities,
Accessory Equipment or Support Structures, and that breach remains uncured for a
period of sixty (60) days after the City provides written notice of the breach to the
Provider or Applicant.
- Accessory Equipment means any equipment other than an antenna that is used in
conjunction with Small Cell Technology Facility arrangements. This equipment may
be attached to or detached from a Small Cell Technology Wireless Support Structure,
and in includes, but is not limited to, cabinets, optical converters, power amplifiers,
radios, DWDM and CWDM multiplexers, microcells, radio units, fiber optic and
coaxial cables, wires, meters, pedestals, power switches, and related equipment on or
in the immediate vicinity of a Support Structure.
- Antenna means communications equipment that transmits and receives
electromagnetic radio signals, is attached to a Small Cell Technology Wireless
Support Structure and is used to communicate wireless service.
- Applicant, whether singular or plural, means a personal wireless service provider, an
entity that is authorized by a personal wireless service provider to apply for or receive
a permit to install, construct, modify or maintain a Small Cell Technology Facility
and related Accessory Equipment or Support Structure in the City, or an entity
certificated by the Alabama Public Service Commission to provide
telecommunication service.
- Application means a formal request submitted to the City for a permit to install,
construct, modify or maintain a Small Cell Technology Facility and related Accessory
Equipment or Support Structure.
- City means the City of Gadsden, Alabama.
- City Council means the City Council of the City of Gadsden, Alabama.
- City Engineer means the person appointed by the City Council as the City Engineer
of the City. The City Engineer includes any employee of the City or other person
designated by the City Council to perform the responsibilities of this Ordinance.
- Colocation means the placement or installation of a new Small Cell Wireless
Technology Facility or related Accessory Equipment on an existing pole or other
Support Structure that is owned, controlled or leased by a utility, the City or other
person or entity.
- Personal Wireless Service Provider or Provider means an entity that provides
personal wireless communication services to the public or citizens of the City on a
commercial basis and is authorized by the FCC to provide those services.
- Private Property means real property located within the corporate limits of the City
that does not lie within the Right-of-Way.
- Provider – see Personal Wireless Service Provider.
- Right-Of-Way or Rights-Of-Way, whether singular or plural, means the surface and
space in, upon, above, along, across, over and below any public streets, avenues,
highways, roads, courts, lanes, alleys, boulevards, ways, sidewalks and bicycle lanes,
including all public utility easements and public service easements within those
places, as the same now or may hereafter exist, that are within the City’s corporate
boundaries and under the jurisdiction of the City. This term shall not include county,
state, or federal Rights-of-Way or any property owned by any person or entity other
than the City.
- Small Cell Technology Facility(ies) or Facilities, whether singular or plural, means
and includes the following types of Structures: (a) antenna; and (b) associated
Accessory Equipment.
- Small Cell Technology Wireless Support Structure, Support Structure or Structure, whether singular or plural, means a freestanding structure designed or used to
support, or capable of supporting, Small Cell Technology Facilities, including, but
not limited to, utility poles, street light poles, traffic signal structures, rooftops, attics,
or other enclosed or open areas of a building or accessory structure, a sign, or a flag
pole. These terms do not include any decorative and architecturally significant street
light poles that are inappropriate for use as a Support Structure as determined by the
City Engineer.
- Stealth Technology means one or more methods of concealing or minimizing the
visual impact of a Small Cell Technology Facility (and associated Accessory
Equipment) and Support Structure by incorporating features or design elements which
either totally or partially conceal such Facilities or Equipment. The use of these
design elements is intended to produce the result of having said Facilities and
associated Structures blend into the surrounding environment and/or disguise, shield,
hide or create the appearance that the Facilities architectural component of the
Support Structure.
Section 2. Permit Required to Place Small Cell Technology Facilities in Rights-Of-Way. A. Provider or Applicant must obtain a permit from the City before placing, installing, or
constructing any Small Cell Technology Facility (and associated Accessory
Equipment) on any Support Structure that is located on the Right-Of-Way, or
substantially modifying the position or characteristics of any such existing Facility
thereon.
- The City Engineer will review and administratively process any request for a permit
to determine whether, in the exercise of the City Engineer’s reasonable discretion, it
should be issued for the location and in the manner requested by the Applicant. In
this process, the burden is on the Provider or Applicant to demonstrate that the
placement of the proposed Small Cell Technology Facility and associated Accessory
equipment or Support Structure on the Right-of-Way is the minimal physical
installation which will achieve the goal of enhancing the provision of personal
wireless service when considering all pertinent factors discussed in the provision
immediately below. Except as set forth in this section this permitting process will be
administrative and not require the approval of any City Board or City Official other
than the City Engineer. The factors, requirements and guidelines that the City
Engineer may consider and will apply when determining whether to issue a permit for
placement of Small Cell Technology Facilities and associated Structure on the RightOf-Way include, but are not limited to, the following:
- the demonstrated need for placing the Structures at the requested location and
geographic area in order to deliver or enhance personal wireless service;
- the visual impact of placing the Support Structure or Facilities in the subject
area;
- the character of the area in which the Structures are requested, including
surrounding buildings, properties, and uses;
- whether the appearance and placement of the requested Structures is
aesthetically consistent with the immediate area;
- whether the Structures are consistent with the historic nature and
characteristics of the requested location;
- the Applicant’s or Provider’s network coverage objective and whether the
Applicant or Provider should use available or previously unconsidered
alternative locations to place the Support Structures or Facilities;
- Colocation. To the extent practical, all Facilities and associated Accessory
Equipment that are placed in the City shall be attached to a pre-existing
Support Structure that is owned, controlled or leased by a utility, franchisee,
the City or other entity. If the Applicant demonstrates that no colocation
opportunities exist in the area where a technologically documented need for a
Facility exists, the Applicant may request that a new pole or other Support
Structure be installed in that area for purposes of constructing the Facilities.
Before any new Support Structure is permitted, each of the following must
occur:
a.The Applicant must have provided the City written evidence that no
practical colocation opportunity exists. This evidence shall include,
but not be limited to, affidavits, correspondence, or other written
information that demonstrates that the Applicant has taken all
commercially reasonable actions to achieve colocation in the requested
location or area, that the Applicant has perused but been denied access
to all potential colocation sites in the subject area (and the reasons for
any such denial(s)), and otherwise show that the Applicant is unable to
co-locate on an existing Support Structure;
- The City Engineer must recommend the placement of a new
Support Structure in the Right-of-Way; and
c.The City Council must approve the recommendation of the City
Engineer to issue a permit that includes the placement of a new
Support Structure in the Right-of-Way. The City Council will
consider whether to approve any such new Structures at a regular
Council meeting that will be conducted as soon as practical after the
City Engineer’s recommendation is made.
- If a Facility is attached to a utility pole or other Support Structure in the
Right-Of-Way, no antenna or other part of the Facility shall extend no more
than five (5) feet above the height of that structure; provided that, in the event
that the Applicant demonstrates that National Electric Safety Code regulations
or other factors create an undue hardship in complying with this height
requirement, the City Engineer may permit a Facility to extend up to ten (10)
feet above the height of such Support Structure;
- The Accessory Equipment shall, if reasonably possible, be placed at least ten
(10) feet above the ground;
- The color of Antenna and Accessory Equipment shall be compatible with that
of the Support Structure;
- The Facility (including the Accessory Equipment) shall not be illuminated;
- Whether the proposed installation could cause harm to the public or pose any
undue risk to public safety;
- Whether the proposed installation may interfere with vehicular traffic, passage
of pedestrians, or other use of the Right-Of-Way by the public; and
- If the proposed installation will disturb conditions on the Right-Of-Way,
whether the Applicant can demonstrate its ability and financial resources to
restore the subject area to its pre-existing condition following installation.
- Application Process.
- At a minimum, each application for a permit shall contain all of the following:
a.Engineering drawings depicting the type of Facilities, Support
Structure, and means and points at which such Facilities and
associated Accessory Equipment will be attached to a Support
Structure;
- Map(s) designating with specificity the location(s) of the requested
Facilities;
c.If the Facilities will be located on a Support Structure on the Right-OfWay that is owned by any entity other than the City or the Applicant, a
copy of any license, lease, agreement or other documentation
evidencing that the owner of that Support Structure authorizes the
Facilities to be attached thereto or agrees in principle to authorize that
attachment, provided that, if a representation is made to the City that
the attachment has been authorized in principle by the owner of the
Support Structure but the Applicant subsequently fails to furnish the
City documentation that finalizes any such agreement, the City may
refuse to issue the requested permit until that documentation is
provided, or, if the City issues the requested permit before receiving
such final documentation, the subject permit may be revoked and any
license to use that part of the Right-Of-Way be rescinded.
- If the Applicant requests permission to place Facilities on a new
Support Structure, the substantiation therefor required by Section 2,
Paragraph B-7 of this ordinance.
e.An application shall not be deemed complete until the Applicant has
submitted all documents, information, forms and fees specifically
enumerated in this Ordinance that pertain to the location, construction,
or configuration of the Facilities or Support Structures at the requested
location(s). Within thirty (30) calendar days after an application for
permit is submitted, the City shall notify the Applicant in writing if
any additional information is needed to complete that application or
supplemental information is required to process the request. If the
City does not notify the Applicant in writing that the application is
incomplete within thirty (30) days following its receipt, the application
is deemed complete.
- Time for Processing Application. Unless another date is specified in a written
agreement between the City and the Applicant, the City will have the
following time periods to make its final decision to approve or disapprove an
application for a permit contemplated in this ordinance and advise the
Applicant in writing of that determination:
a.Sixty (60) calendar days from the date an application for a permit is
filed with respect to a request to co-locate Facilities on an existing
Support Structure; and
- Ninety (90) calendar days from the date an application for a permit
is filed with respect to a request to attach Facilities to a new Support
Structure.
To the extent additional information is required to complete the
application after it is filed, the applicable calendar day review period set
forth in this subsection shall be tolled and not continue to run until the
Applicant has provided any missing or requested supplemental
information; provided that tolling shall not occur if the City does not
advise the Applicant in writing of the incompleteness of a submitted
application within thirty (30) days after that submission.
- Reconsideration/Appeal. Any Applicant that desires reconsideration of an
administrative diction by the City Engineer to deny a request for a permit to
place a Facility or Support Structure on the Right-Of-Way may seek review,
modification or reversal of that decision by the City Council by submitting a
request for reconsideration with the City Clerk within twenty-one (21)
calendar days following the City Engineer’s decision. That request for
reconsideration will be considered by the City Council at a regular Council
meeting that will be conducted as soon as practical after the request for
reconsideration is made. If no request of reconsideration is submitted, the
decision of the City Engineer will be final. Additionally, the Applicant, within
thirty (30) days following a decision by the City Council to deny either a) a
request for reconsideration or b) a decision by City Council to not approve the
placement of a new Support Structure on the Right-of-Way, may appeal either
of those decisions by the City Council to the Sixteenth Circuit Court of
Etowah County, Alabama, as applicable. If no appeal of those decisions of
the City Council is made, those will be deemed final.
- Additional Requirements. Any Provider or Applicant to whom a permit is issued and
that places Facilities and associated Support Structures on the Right-Of-Way also
shall comply with the following requirements as long as those Facilities and Support
Structures are on or under the Right-of-Way:
- Prior to installing the Facilities or Support Structures, the Applicant shall
provide the City a certificate(s) of insurance evidencing that it has obtained
and will maintain the following types of insurance in connection with its
operations on or use of the Right-Of-Way:
a.General Liability Coverage insuring the risk of claims for damages to
persons or property arising from or related to the installation,
construction, maintenance, operation or any use of the Facility or
Support Structure placed on or along the Right-of-Way by the
Applicant (or any of their contractors) with minimum limits of
$1,000,000 per occurrence; and
- Workers Compensation Insurance as required by statute.
The General Liability coverage shall list the City of Gadsden, Alabama as an
additional insured, and may be provided through a combination of a primary
and umbrella policies. All insurance policies shall be furnished by insurers
who are reasonably acceptable to the City and authorized to transact business
in the State of Alabama. On an annual basis following initial installation, the
Applicant also shall furnish the City a Certificate indicating that the abovenoted coverage remains and will remain in effect. The City shall allow the
applicant to provide a certificate of self-insurance in lieu of these provisions
and must affirm adequate financial security on the part of the self-insured
entity.
- All Facilities and associated Support Structures shall be installed, erected,
maintained and operated in compliance with applicable federal and state laws
and regulations, including, but not limited to, regulations of the FCC.
- Following the installation of any Facilities and associated Support Structures,
the Provider or Applicant, upon reasonable request and for good cause, shall
furnish the City Engineer a written certification from a licensed professional
engineer in the State of Alabama stating that those Structures have been
inspected and are being maintained, operated and used in compliance with all
applicable laws and regulations, including those of the FCC that pertain to the
transmission of wireless communication signals. For purposes of this
provision, “good cause” shall mean circumstances have arisen that indicate
the Facilities and associated Support Structures have been damaged, are not
functioning in compliance with applicable laws and regulations, or otherwise
pose a hazard to the public. If those Support Structures should fail at any time
to comply with applicable laws and regulation, the Provider or Applicant, at
either of their expense, shall cause those Structures to be brought into
compliance with said laws and regulations within fifteen (15) days of the date
of any written notice to them from the City Engineer of non-compliance, or
cease all personal wireless service operations related to those Structures until
the Applicant or Provider comes into full compliance with said laws and
regulations.
- The Facilities and associated Support Structures must at all times be
maintained in good and safe condition. On no more frequent than a triennial
basis, the City Engineer may request that the Provider or Applicant, at either
of their expense, furnish certification from a professional engineer who is
licensed in the State of Alabama that the Facilities and Support Structures are
in sound condition. Should that engineer deem those Structures unsound, the
Provider or Applicant shall furnish to the City Engineer a plan to remedy any
unsafe conditions or structural defect(s) and take that remedial action at the
Provider or Applicant’s expense.
- Each Applicant or Provider that applies for a permit to place Facilities
(including the Accessory Equipment) and Support Structures on the Right-OfWay and installs and utilizes those Structures shall defend, indemnify and
hold the City and its employees or officials, harmless from all demands,
losses, expenses (including attorney’s fees and court costs), claims for
personal injury or property damage, judgments or liabilities of any type that
may be asserted or claimed against the City (or its employees or officials) by
any third person, firm or entity that arise out of or relate in any manner to the
following: 1) the installation, construction, maintenance, use or operation of
the permitted Facilities, Accessory Equipment or any Support Structure on or
about the Right-Of-Way; and 2) the failure of the Provider or Applicant to
perform any of their respective responsibilities, obligations, and permit
requirements in this ordinance. Notwithstanding the foregoing, the Provider or
Applicant shall not be obligated to indemnity the City for claims resulting
from the sole negligence or willful acts of the City (or its representatives).
- Permit and License Fees. The Applicant for a permit to place Facilities and
associated Support Structures on the Right-of-Way shall pay the following types of
fees:
- An application and review fee to be paid when an application is submitted
for (i) Permits for the placement of Communications Facilities that are not
poles, $500 for up to five Communications Facilities plus $100 for each
additional Communications Facility included in the permit; and (ii) for
Permits for the placement of Communications Facilities that are poles,
$1,000.
- An annual license fee shall be as follows: (i) for new Provider poles or
ground mountings and any Communications Facilities initially installed
thereon by Provider, $270 per site, per year, per Permit; (ii) for
attachments of Communications Facilities to third-party poles, $270.00
per site, per year, per Permit; (iii) and for Communications Facilities
installed on any city-owned structure, $270.00 per site, per year, per
permit.
- Removal, Relocation or Modification of Small Wireless Facility in the Right-of-Way.
- Ninety (90) Day Notice to Remove, Relocate or Modify. Whenever the City
reasonably determines that the relocation is needed as described below, then
within ninety (90) days following written notice from the City, the Applicant
shall, at its own expense, protect, support, temporarily or permanently
disconnect, remove, relocate, change or alter the position of any small
wireless Facilities within the Rights-Of-Way whenever the City has
determined that such removal, relocation, change or alteration, is reasonably
necessary for (excluding beautification-only projects), as follows:
a.the construction, repair, maintenance, or installation of any City
improvement in or upon, or the operations of the City in or upon, the
Rights-Of-Way; and/or
- if required for the construction, completion, repair, relocation, or
maintenance of a City improvement or project in or upon, or the
operations of the City in or upon, the Rights-Of-Way; and/or
c.because the small cell Facility or its related equipment is interfering
with or adversely affecting proper operation of any City-owned light
poles, traffic signals, or other equipment in the Public Way; and/or
- to protect or preserve the public health or safety.
e.In any such case, the City shall use its best efforts to afford Applicant
a reasonably equivalent alternate location. If Applicant shall fail to
relocate any Equipment as requested by the City within a reasonable
time under the circumstances in accordance with the foregoing
provision, the City shall be entitled to relocate the Equipment at
Applicant’s sole cost and expense, without further notice to Applicant.
If, at any time during the Term for which the permit is granted, the
City determines that utility Facilities will be placed underground in an
area including any City-owned Facilities upon which Applicant has
installed Equipment, Applicant and the City will cooperate in good
faith on the design and installation, at Applicant’s costs, of suitable
replacement of Applicant’s Facilities, including decorative streetlight
poles; and Applicant agrees that if reasonably required by the City
Engineer or his designee in order to ensure appropriately even and
level lighting within a previously unlighted area, additional Facilities,
which may include decorative streetlight poles beyond or more
numerous than those required for Applicant’s Facilities, shall be
installed. Applicant agrees that decorative streetlight poles may be
required by the City in the future in the place of initially-installed
standard-design streetlight poles, in which replacement of the
Applicant’s Facilities and Equipment on decorative streetlights that
were initially installed standard-design streetlight poles shall be solely
at Applicant’s cost. Further, Applicant agrees that in such instances
and at such time as replacement poles are installed, the City may
reasonably require that the configuration and/or location of ground
furniture (which references any equipment on the ground that is
needed to supply power or backhaul services to the small cell Facility)
and/or pole-mounted equipment or equipment cages be changed (such
as changing from pole-mounted equipment cages to ground furniture),
in the discretion of the City.
- Emergency Removal or Relocation of Facilities. The City retains the Right
and privilege to cut or move any small wireless Facility or related structure
located within the Rights-of-Way of the City, as the City may determine to be
necessary, appropriate or useful in response to any public health or safety
emergency. If circumstances permit, the City shall notify the Applicant and
provide the Applicant an opportunity to move its own Facilities, if possible,
prior to cutting electrical service or removing a Facility and shall notify the
wireless Provider after cutting or removing a small wireless Facility.
Section 3. Placement of Small Cell Technology Facilities on Private Property. A. A Provider or Applicant must obtain a permit from the City before placing, installing,
or constructing any Small Cell Technology Facility (and associated Accessory
Equipment) on any Support Structure that is located on private property, or
substantially modifying the position or characteristics of any such existing Facility
thereon.
- The City Engineer will review and administratively process any request for a permit
to determine whether, in the exercise of the City Engineer’s reasonable discretion, it
should be issued for the location and in the manner requested. In this process, the
burden is on the Applicant to demonstrate that the placement of the proposed Small
Cell Technology Facility and associated Accessory Equipment or Support Structure
on private property is the minimal physical installation which will achieve the
technological goal of enhancing the provision of personal wireless services. Except as
set forth in this section, this permitting process will not require the approval of any
City Board or City official other than the City Engineer. The factors, guidelines and
requirements that the City Engineer may consider and will apply when determining
whether to issue a permit for placement of Facilities and any associated Accessory
Equipment or Support Structure on private property include, but are not limited to,
the following:
- The factors and requirements set forth in Section 2 of this Ordinance Number
_______;
- Colocation. The guidelines in Section 2 of this Ordinance Number ______ to
utilize existing poles and Support Structures for the placement of Facilities
and Accessory Equipment are also applicable when considering whether to
permit the installation of those Facilities and Support Structures on private
property, provided that City Council approval is not required before a permit
is issued to place a new pole or other Support Structure on private property if
that action is appropriate.
- The Provider or Applicant shall use Stealth Technology when installing the
Facilities and associated Accessory Equipment on any building or accessory
to that building that is located on private property. Further, Stealth
Technology should be used when placing Facilities on other types of Support
Structures on private property unless the Applicant can reasonably
demonstrate that, given the nature of the requested application, the use of such
Technology is (a) unnecessary; or (b) impractical.
- If Facilities are placed on an existing or new building or accessory to that
building, the following dimensional regulations shall apply:
a.Façade-mounted antennas shall not extend above the face of any wall
or exterior surface of the building.
- Roof-mounted antennas and Accessory Equipment may be
permitted on buildings in accordance with the following table:
Height of Building Maximum Height of Facility Required Setback from
above Highest Point of Roof Edge of Roof of Building
Up to 15 feet 8 feet, including antenna 1 foot for every foot of
height of equipment
15-35 feet 10 feet, including antenna 1 foot for every foot of
height of equipment
More than 35 feet 12 feet, including antenna 1 foot for every foot of
height of equipment
c.The antenna component of the Facilities shall be limited to a
maximum height of three (3) feet and a maximum width of two (2)
feet; provided that authorization to install antenna up to six (6) feet in
height may be permitted if a showing of the technological need for
such equipment is made and other requirements of this Section are
met.
- Accessory Equipment must be located in an equipment cabinet,
equipment room in an existing building or in an unmanned equipment
building. If the equipment building is freestanding, it shall conform to
the Gadsden Municipal Code with respect to building setbacks, that
building shall not exceed 400 square feet, and its overall height shall
be limited to 15 feet (if located on the ground) measured from the
finished grade. Further, if an equipment building or cabinet is located
in a residential zone, or the nearest adjoining property is in a
residential zone, that building or cabinet shall be surrounded by
landscaping to provide a screen of the same height as the building or
cabinet.
- Application Process. Except as provided in paragraphs a and b immediately
below, the same application process that is set forth in Section 2 (c) will be
utilized when processing any request for a permit to place Facilities or
Support Structures on private property, except that:
a.City Council approval to install a new Support Structure on private
property is not a condition for a permit to place Facilities thereon; and
- If the Facilities are located on private property that is not owned
or exclusively used by the Applicant, instead of providing the
documentation contemplated in Section 2(c)(1)(c), the Applicant shall
present a license, lease, agreement or other documentation indicating
that owner of said property authorizes the Applicant the Rights to
place the Facilities thereon and access thereto, or that such owner
agrees in principle to grant the Applicant those Rights; provided that,
if a representation is made to the City that the owner of private
property has agreed in principle to grant those Rights but the Applicant
subsequently fails to furnish the City documentation that finalizes any
such agreement, the City may refuse to issue the requested permit until
the documentation is provided, or, if the City issues the requested
permit before receiving such final documentation, the subject permit
and license may be revoked.
- Additional Requirements. Any Provider or Applicant to whom a permit is
issued and that places Facilities and associated Support Structures on private
property also shall comply with the following requirements as long as those
Facilities and Support Structures are located thereon:
a.All Facilities and Support Structures shall be installed, erected, and
maintained in compliance with applicable federal and state laws and
regulations, including, but not limited to, regulations of the FCC.
- At least triennially following the installation of the Facilities or
associated Support Structures, upon reasonable request and for good
cause, the Applicant shall furnish the City Engineer a written
certification from a professional engineer licensed in the State of
Alabama indicating that those Structures have been inspected and are
being maintained, operated and used in compliance with all applicable
laws and regulations, including those of the FCC that pertain to the
transmission of wireless communication signals. For purposes of this
provision, “good cause” shall mean circumstances have arisen that
indicate the Facilities and associated Support Structures have been
damaged, are not functioning in compliance with applicable laws and
regulations, or otherwise pose a hazard to the public. If those
Structures fail at any time to comply with said laws and regulations,
the Provider or Applicant shall cause those Structures to be brought
into compliance with said laws and regulations within fifteen (15) days
of the date of any written notice to either of them of such noncompliance, or cease all personal wireless communications operations
related to those Structures until the Provider or Applicant comes into
full compliance with applicable laws and regulations.
c.The Facilities and associated Support Structures on private property
must at all times be maintained in good and safe condition.
- Permit and License Fees. The Provider or Applicant for a permit to place Facilities
and associated Support Structures on private property shall pay the following types of
fees that are enumerated in the City’s officially adopted Fee Structure Ordinance as
amended:
- a permit application and review fee of $200.00 to be paid when an application
is submitted; and,
- a permit issuance fee of $100.00 per each Support Structure on private
property contemplated for attachment.
Section 4. Abandonment of Facilities on Right-of-Way. If a Provider or Applicant abandons any Facility (including the Accessory Equipment) or
an associated Support Structure (collectively “Facilities” for purposes of this Section) that is
located on the Right-Of-Way, the following rights and obligations shall exist. The City may
require the Provider or Applicant, at their expense, to remove and reclaim the abandoned
Facilities within sixty (60) days from the date of written notice of Abandonment given by the
City to them and to reasonably restore the condition of the property at which the Facilities are
located to that existing before they were installed. If the Provider or Applicant fails to remove
and reclaim its abandoned Facilities within such 60-day period and the Facilities are located on
the Right-Of-Way, the City shall have the rights to:
- remove them and charge its expense of any such removal operation to the account
of the Provider or Applicant,
- purchase all abandoned Facilities at the subject location from the Provider or
Applicant in consideration for $1.00,
- at the City’s discretion, either resell the abandoned Facilities to a third party or
dispose and salvage them; provided that the proceeds of any resale of abandoned
Facilities by the City to a third party shall be credited to the account of the
Applicant or Provider that used those Facilities before the abandonment, and
- charge any expense incurred by the City to restore the Right-of-Way to the
account of the Provider or Applicant.
Section 5. Colocation. Unless otherwise prohibited by Federal law, to promote the public interest that is served
by co-locating Facilities and associated Accessory Equipment on existing Support Structures and
thereby mitigating the installation of additional Support Structures throughout the City, no
person or entity (including any Provider, Applicant, utility, or franchisee) that utilizes an existing
Support Structure that is located on Right-of-Way in the City and has space available thereon
may deny a Provider or Applicant the Right to use or access an existing Support Structure for
purposes of attaching Facilities permitted by this ordinance without sound operational,
technological or other good reason.
Section 6. Non-Applicability. The placement of an antenna(s), Facilities or equipment related to the following types of
wireless communication services are exempt from regulation under this ordinance:
- Amateur radio service that is licensed by the FCC if the Facilities related thereto are
not used or licensed for any commercial purpose; and
- Facilities used by any federal, state or local government or agency to provide safety
or emergency services.
Section 7. Repealer. All Ordinances or parts of ordinances heretofore adopted by the City Council of the City
of Gadsden, Alabama that are inconsistent with the provisions of this Ordinance are hereby
expressly repealed.
Section 8. Severability.
If any part, section or subdivision of this ordinance shall be held unconstitutional or
invalid for any reason, such holding shall not be construed to invalidate or impair the remainder
of this ordinance, which shall continue in full force and effect notwithstanding such holding.
Section 9. Effective Date. This ordinance shall become effective immediately upon adoption and
posting/publication as provided by Alabama law.
Done, Ordered, Approved and Adopted this the 7th day of April, 2020.
Iva Nelson, City Clerk
May 1, 2020
________________
QUIET TITLE
IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA
MAURICE JOHNSON and
KATIE G JOHNSON,
PLAINTIFFS
V.
CV-2020-900224
A PARCEL OF LAND DESCRIBED ASFOLLOWS:
EAST 25 FEET OF LOT 178 OF THE
ORIGINAL SURVEY OF GADSDEN, ON
UNRECORDED PLAT.
an
ANY AND ALL UNKNOWN PARTIES,
including any persons claiming any present
interest therein and including any persons
claiming any future, contingent, reversionary,
remainder, or other interest therein, who may
claim any interest in the above described property,
DEFENDANTS.
NOTICE OF CIVIL ACTION TO QUIET TITLE TO REAL PROPERTY
NOTICE ISSUED TO THE FOLLOWING DEFENDANTS: any and all unknown parties, including any persons claiming any present interest therein and including any persons claiming any future contingent, reversionary, reminder, or other interest therein, who may claim any interest in the above described real property:
East 25 feet of lot 178 of the original survey of Gadsden, on unrecorded plat.
Please take notice that Maurice Johnson and Katie G. Johnson have filed an action in the Circuit Court of Etowah County seeking to quiet title to the above described property. The above named defendants, whose whereabouts are unknown, must answer said Complaint on or before May 25, 2020, or thereafter a judgment by default may be rendered against the said Defendants in Etowah County Circuit Court Case Number CV-2020-90024.
Done this 23 day of April, 2020
CASSANDRA “SAM” JOHNSON,
Clerk of the Court
April 24, May 1, 8 and 15, 2020
________________
PUBLICATION ON ADOPTION
IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA
THE ADOPTION OF A CHILD BORLN TO ALANNAH NICOLE TURLEY
NOTICE TO THE UNKNOWN FATHER, WHOSE WHEREABOUTS ARE UNKNOWN.
You will take notice that a Petition for the Adoption of a child born April 22, 2019 to ALLANAH NICOLE TURLEY, natural mother, set to be heard on June 23, 2020 at 10:00 a.m.
Please be advised that should you intent to contest this adoption, you must file a written response within thirty (30) days of the date of the last publication herein with John W. Jennings, Jr., whose name and address is shown below, and with the Clerk of the Probate Court of Etowah County, Alabama, Courthouse, 800 Forrest Avenue, Gadsden, AL 35901.
Done this 6th day of April, 2020.
John W. Jennings, Jr.
Jennings & Messer, P.C.
111 South 10th Street
Gadsden, AL 35901
April 10, 17, 24 & May 1, 2020
________________
ADOPTION NOTICE
IN THE MATTER OF THE ADOPTION PETITION
NOTICE TO: ANY UNKNOWN FATHER
ADDRESS: UNKNOWN
You will take notice that a Petition for the Adoption of a minor child born to Talia Simone Morris Duarte, a natural mother, set to be head on June 25,2020 at 10:00 AM, was filed on 24h day of March 2020, alleging that the identity of the natural father is unknown or has not been disclosed to the Court (or his whereabouts are not known), and whose relationship of said unknown or disclosed natural parent to the aforesaid minor child is that of putative father. Minor child’s birth date is April 11, 2017.
Please be advised that should you intend to contest this adoption, you must file a written response within thirty (30) days of the date of the last publication herein, with Shaun Malone, whose name and address us shown below, and with the Clerk of the Probate Court of Etowah County, Alabama, P.O. Box 187, Gadsden, AL. 35902.
Done this the 23rd day of April, 2020.
Attorney for the Petitioner:
Shaun Malone, Esquire
P.O. Box 1039
Gadsden, AL. 35902
May 1, 8, 15 and 22, 2020
________________
PUBLICATION ON ADOPTION
In the Probate Court of Etowah County, Alabama
IN: THE MATTER OF ADOPTION OF: BABY BOY TAYLOR
Notice to any Unknown or Undisclosed Parent of: Baby Boy Taylor
You will take notice that a petition for the adoption of Baby Boy Taylor, a minor (born to Marcia Leanna Taylor on February 21, 2020 in Etowah County, Alabama) was filed on February 26, 2020 in the Probate Court of Eatowah County, Alabama, alleging that the identity of the natural parent of said minor child may be unknown or has not been correctly disclosed to the Court, and whose relationship of said possible unknown or undisclosed natural parent to the aforesaid minor child is that of the Natural Parent.
Please be advised that should you intend to contest this adoption, you must file a written response within thirty (30) days of the date of the last publication herein with Amy M. Osborne whose name and address is shown below, and with the Clerk of the Probate Court of Etowah County, Courthouse, in Gadsden, Alabama.
Done this the 6th day of April, 2020.
Amy M. Osborne, Esq.
Osborne Law Firm, LLC.
4770 Eastern Valley Road, Suite 111
The Shoppes At Leston Farms, PBM 106
McCalla, AL. 35111
May 1, 8, 15 and 22, 2020
________________
PUBLICATION ON ADOPTION
NOTICE TO: UNKOWN FATHER
ADDRESS: UNKNOWN
You will take notice that a petition for the adoption of the child born to Earica Nicole Bryant, was filed on April 15, 2020, and is set to be heard on the 1st day of July 2020
at 10:00 AM, alleging that the whereabouts of the natural parent of said minor child is
Unknown and has not been disclosed to the Court. The minor child’s date of birth is: July 13, 2013.
Please be advised that should you intend to contest this adoption, you must file a written response within thirty (30) days of the date of the last publication herein with counsel for the petitioner, whose name is shown below, and with the Clerk of Probate Court of Etowah County, Alabama, P.O. Box 187, Gadsden, AL. 35902.
Done this the 627th day of April 2020.
Scott Hassell, Probate Judge
Jack Floyd, Esquire
808 Chestnut Street
Gadsden, Al. 35901
May 1, 8, 15 and 22, 2020
________________
NOTICE OF CONDEMNATION-FORFEITURE ACTION
IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA
CIVIL DIVISION
CASE NO: CV-20-900166-CDR
STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,
PLAINTIFF
VS.
$1,581.00 U.S. Currency,
Defendant
In Re: Ryan
Gauthier
TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED CURRENCY:
WHEREAS, the State of Alabama has filed its complaint in the above-described action seeking condemnation, forfeiture and ultimate disposition of the above described currency. You are hereby notified that you must answer said Complaint by the 5th day of June 2020. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.
DONE this the 2nd day of April, 2020
Cassandra Johnson, Circuit Clerk
Etowah County, Alabama
April 10, 17, 24 & May 1, 2020
________________
NOTICE OF CONDEMNATION-FORFEITURE ACTION
IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA
CIVIL DIVISION
CASE NO: CV-20-900165-CDR
STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,
PLAINTIFF
VS.
1999 Toyota 4Runner
VIN# JT3GN87R7X0124610,
Defendant
In Re: Gary Blake Whitt, David E.
Williams
TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED VEHICLE:
WHEREAS, the State of Alabama has filed its complaint in the above-described action seeking condemnation, forfeiture and ultimate disposition of the above described vehicle. You are hereby notified that you must answer said Complaint by the 5th day of June 2020. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said vehicle.
DONE this the 2nd day of April, 2020
Cassandra Johnson, Circuit Clerk
Etowah County, Alabama
April 10, 17, 24 & May 1, 2020
________________
NOTICE OF CONDEMNATION-FORFEITURE ACTION
IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA
CIVIL DIVISION
CASE NO: CV-20-900198-CDR
STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,
PLAINTIFF
VS.
$1,479.00 U.S. Currency,
Defendant
In Re: Kristopher Yow, Jr.
TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED CURRENCY:
WHEREAS, the State of Alabama has filed its complaint in the above-described action seeking condemnation, forfeiture and ultimate disposition of the above described currency. You are hereby notified that you must answer said Complaint by the 5th day of June 2020. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.
DONE this the 2nd day of April, 2020
Cassandra Johnson, Circuit Clerk
Etowah County, Alabama
April 10, 17, 24 & May 1, 2020
________________
NOTICE OF CONDEMNATION-FORFEITURE ACTION
IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA
CIVIL DIVISION
CASE NO: CV-20-900049-GCD
STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,
PLAINTIFF
VS.
$3,000.00 U.S. Currency,
Ruger SR9 9MM
Serial # 331-84599,
Mosin Nagant Rifle
Marlin 30/30
Serial # 15053933
Revelation 12GA
Serial # H540412
Remington 20GA
Serial # 3818472
Stevens 12GA
Serial # 0666765
Defendant
In Re: Thomas Burns
Jacqueline Chandler
TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED CURRENCY AND PROPERTY:
WHEREAS, the State of Alabama has filed its complaint in the above-described action seeking condemnation, forfeiture and ultimate disposition of the above described currency and property. You are hereby notified that you must answer said Complaint by the 19th day of June 2020. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.
DONE this the 20th day of April, 2020
Cassandra Johnson, Circuit Clerk
Etowah County, Alabama
April 24, May 1, 8 and 15, 2020
________________
NOTICE OF CONDEMNATION-FORFEITURE ACTION
IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA
CIVIL DIVISION
CASE NO: CV-20-900216-GCD
STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,
PLAINTIFF
VS.
$1,500.00 U.S. Currency,
Defendant
In Re: Billy
Freeman Abner
TO ANY PERSON, CORPORATION OR OTHER ENTITY CLAIMING AN OWNER’S BONA FIDE INTEREST IN THE HEREINABOVE DESCRIBED CURRENCY:
WHEREAS, the State of Alabama has filed its complaint in the above-described action seeking condemnation, forfeiture and ultimate disposition of the above described currency. You are hereby notified that you must answer said Complaint by the 12th day of June 2020. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.
DONE this the 14th day of April, 2020
Cassandra Johnson, Circuit Clerk
Etowah County, Alabama
April 17, 24, May 1 and 8, 2020
________________
NOTICE OF VEHICLE POSSESSION
Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 05/29/2020
2005 Nissan Murano – VIN: JN8AZ08W65W405985
Thacker Towing
927 5th Avenue NE
Attalla, AL 35954
(256) 546-9994
April 24 and May 1, 2020
________________
NOTICE OF VEHICLE POSSESSION
Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 06/05/2020
2008 Ford F-150 – VIN: 1FTPW14V38KD95137
2011 Toyota Corolla – VIN: 2T1B U4EE3BC646196
Thacker Towing
927 5th Avenue NE
Attalla, AL 35954
(256) 546-9994
May 1 and 8, 2020
________________
NOTICE OF VEHICLE POSSESSION
Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 06/05/2020
2002 Dodge Dakota – VIN: 1B7HL38N32S578757
John Smith
2548 Hickory Street
Gadsden, AL. 35904
256-390-7495
May 1 and 8, 2020