NOTICE OF MORTGAGE FORECLOSURE
WHEREAS, default has been made in the terms of the mortgage executed on the 23rd day of October, 2014, by DOROTHY HUIE, as mortgagor in favor of JERRY E. ROBERTS and wife, JANICE C. ROBERTS, as mortgagees, as recorded in the Office of the Judge of Probate of Etowah County, Alabama as Instrument #3409063, and said default continuing,
WHEREAS, the mortgagees departed this life and an Assignment of Mortgage was made to JEFF ROBERTS pursuant to the Estate of Jerry E. Roberts as filed in Case filed as Instrument #3528462 in the Office of the Judge of Probate, Etowah County, Alabama;
The mortgagee, under power of sale contained in said mortgage will sell at auction for cash to the highest bidder on the steps of the Etowah County Courthouse in Etowah, Alabama, during legal hours of sale on the 21st day of June, 2022, the following described real estate embraced in said mortgage, situated in Etowah County, Alabama, to-wit:
LOTS 21, 22, 23 and 24 in Block “B” of Druid Park, according to the map or plat thereof recorded in Plat Book “F”, Page 343, in the Probate Office of Etowah County, Alabama, lying and being in Rainbow City, Etowah County, Alabama.
Said sale is made for the purpose of foreclosing of said mortgage, paying the mortgage debt, the costs and expenses of foreclosure, including a reasonable attorney’s fee.
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.
ALABAMA LAW GIVES SOME PERSONS WHO HAVE AN INTEREST IN PROPERTY THE RIGHT TO REDEEM THE PROPERTY UNDER CERTAIN CIRCUMSTANCES. PROGRAMS MAY ALSO EXITS THAT HELP PERSONS AVOID OR DELAY THE FORECLOSURE PROCESS. AN ATTORNEY SHOULD BE CONSULTED TO HELP YOU UNDERSTAND THESE RIGHTS AND PROGRAMS AS A PART OF THE FORECLOSURE PROCESS
The Transferee reserves the right to bid for and purchase the real estate and to credit its purchase price against the expenses of sale and the indebtedness secured by the real estate.
This sale is subject to postponement or cancellation, contact Joshua B. Sullivan at the phone number shown below prior to attendance at sale.
Joshua B. Sullivan
Attorney for Mortgagee, Jeff Roberts
KNOWLES & SULLIVAN, LLC
413 Broad Street
Gadsden, Alabama 35901
(256) 547-7200
June 3, 10 and 17, 2022
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NOTICE OF MORTGAGE FORECLOSURE SALE
STATE OF Alabama COUNTY OF ETOWAH
Default having been made of the terms of the loan documents secured by that certain mortgage executed by Rodney H Lankford A Married Man And Stacy C Lankford to Countrywide Bank, FSB dated December 17, 2007; said mortgage being recorded on January 16, 2008, as Instrument No. 3286995 in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to Citigroup Mortgage Loan Trust 2018-RP1 in Instrument 3467363 in the Office of the Judge of Probate of Etowah County, Alabama.
The undersigned, U.S. Bank Trust National Association, not in its individual capacity, but solely as trustee of Citigroup Mortgage Loan Trust 2018-RP1, 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 the 6th day of July, 2022 the following property, situated in Etowah County, Alabama, to-wit:
Begin at a 1/2’ pipe marking the NE corner of Lot (10), Merit Hill, Plat Book “F”, Page 297, in the Probate Office of Etowah County, Alabama, thence S 20’ 53’ 30” W 101.02 feet along the southeasterly line of said Lot (10) to a 1’ rebar, thence N 50’ 36’ 23” W 70.13 feet to a 5/8’ rebar, thence N 40’ 50’ 34” W 65.87 feet to a 5/8’ rebar, thence N 89’ 35’ 19” W 59.61 feet to a 1/2’ rebar, thence N 04’ 13’ 19” E 124.12 feet to a 5/8’ rebar on the Southerly R/W of Wildwood Circle (50’ R/W), thence along said R/W a chord bearing and distance of S 83’ 09’ 34” E 99.64 feet to a 1 1/2’ pipe, thence leaving said R/W S 37’ 07’ 45” E 140.74 feet to the Point of Beginning, containing 0.54 acres more or less.
Said property is commonly known as 650 Wildwood Rd, 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.
Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Mortgage.
U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE OF CITIGROUP MORTGAGE LOAN TRUST 2018-RP1
as holder of said mortgage
McCalla Raymer Leibert Pierce, LLC
Two North Twentieth
2 20th Street North, Suite 1000
Birmingham, AL 35203
(800) 275-7171
FT21@mccalla.com
File No. 20-01283AL
www.foreclosurehotline.net
June 3, 10 and 17, 2022
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NOTICE OF MORTGAGE FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain Mortgage executed by Ryan McLeod and Katelyn McLeod, husband and wife, to BancorpSouth Bank, dated the 23rd day of July 2018, which Mortgage was recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3471263. The undersigned Mortgagee, Cadence Bank, formerly known as BancorpSouth Bank, of said Mortgage will, under and by virtue of the power of sale contained in said Mortgage, sell at auction to the highest bidder for cash before the main entrance of the Etowah County Courthouse in the City of Gadsden, Alabama, during the legal hours of sale on July 13, 2022, the real property described in said Mortgage, which said description is hereby referred to and made a part hereof, said property being situated in Etowah County, Alabama, to-wit:
All that certain lot or parcel of land situated in the County of Etowah, State of Alabama, and being more particularly described as follows:
Lot Number Forty-Nine (49) in Rollingwood Subdivision as recorded in Plat Book J, Page 102, Probate Office, Etowah County, Alabama, and lying and being in Southside, Etowah County, Alabama.
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.
This sale is made for the purposes of realizing the mortgage debt, together with all expenses of the sale, including a reasonable attorney’s fee.
SASSER, SEFTON & BROWN, P.C.
Bowdy J. Brown, Esq.
445 Dexter Avenue, Suite 8050
Montgomery, Alabama 36104
Our File No.: 49864.218
ATTORNEYS FOR MORTGAGEE
CADENCE BANK FORMERLY KNOWN AS BANCORPSOUTH BANK
MORTGAGEE
June 3, 10 and 17, 2022
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NOTICE OF MORTGAGE FORECLOSURE SALE
STATE OF Alabama COUNTY OF ETOWAH
Default having been made of the terms of the loan documents secured by that certain mortgage executed by Gilbert Hardy And Wife, Jessie Mae Hardy to The Mortgage Outlet, Inc. dated June 3, 2002; said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to LPP Mortgage LTD in Instrument 3333263 in the Office of the Judge of Probate of Etowah County, Alabama.
The undersigned, LPP Mortgage, Inc./ F/K/A LPP Mortgage LTD, 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 the 6th day of July, 2022 the following property, situated in Etowah County, Alabama, to-wit:
Lot Numbers Twenty-Three (23) and Twenty-Four (24) in Block Number Four (4) of Lincoln Heights being a Rearrangement of the Minnie Miller Subdivision, as recorded in Plat Book “D” in Pages 34 and 35 in the Office of the Judge of Probate of Etowah County, Alabama, later recorded as E.L. Robert’s Rearrangement of Portions of Lincoln Heights in Plat Book “G,” at Page 29. Said parcel lying and being in Gadsden, Etowah County, Alabama.
Said property is commonly known as 1617 Murphy Street, Gadsden, AL 35903.
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.
Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Mortgage.
LPP MORTGAGE, INC./ F/K/A LPP MORTGAGE LTD
as holder of said mortgage
McCalla Raymer Leibert Pierce, LLC
Two North Twentieth
2 20th Street North, Suite 1000
Birmingham, AL 35203
(800) 275-7171
FT21@mccalla.com
File No. 22-03193AL
www.foreclosurehotline.net
June 10, 17 and 24, 2022
______________
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 Ted W Griffin An Unmarried Man to Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for MortgageAmerica, Inc., its successors and assigns dated December 5, 2006; said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama. Said Mortgage was last sold, assigned and transferred to Nationstar Mortgage LLC d/b/a Mr. Cooper in Instrument 354019 in the Office of the Judge of Probate of Etowah County, Alabama.
The undersigned, Nationstar Mortgage LLC d/b/a Mr. Cooper, 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 the 6th day of July, 2022 the following property, situated in Etowah County, Alabama, to-wit:
Lots Seventeen (17), Eighteen (18), and Nineteen (19), Block Two (2) in the Sam Bailey 1st Addition to Gadsden, Alabama, according map or plat thereof recorded in Plat Book “B,” Page 43, Probate Office, Etowah County, Alabama.
Said property is commonly known as 910 N. 36th Street, Gadsden, AL 35904.
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.
Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Mortgage.
NATIONSTAR MORTGAGE LLC D/B/A MR. COOPER
as holder of said mortgage
McCalla Raymer Leibert Pierce, LLC
Two North Twentieth
2 20th Street North, Suite 1000
Birmingham, AL 35203
(800) 275-7171
FT21@mccalla.com
File No. 22-03082AL
www.foreclosurehotline.net
June 10, 17 and 24, 2022
____________
MORTGAGE FORECLOSURE SALE
Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Henry Dan Hemrick to Countrywide Bank, N.A., dated April 10, 2006 said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3245837 . Said mortgage was subsequently sold, assigned and transferred to Bank of America, N.A.. Under and by virtue of the power of sale contained in said mortgage, the undersigned, Bank of America, N.A., will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse in Etowah County, Alabama on July 6, 2022, during the legal hours of sale, all of its right, title, and interest in and to the following describe real estate situated in Etowah County, Alabama, to-wit: LOT NUMBER THREE (3) OF THE RIVERMONT, WHORTON BEND SUBDIVISION, AS RECORDED, IN PLAT BOOK “I”, PAGE 146, IN THE PROBATE OFFICE OF ETOWAH COUNTY, ALABAMA AND LYING AND BEING IN ETOWAH COUNTY, ALABAMA. Property Street Address for Informational Purposes: 101 Carolwood Cv Gadsden AL 35901 Said property will be sold “AS IS”. NO REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, IS MADE AS TO THE TITLE OF SAID PROPERTY. Said property is subject to any title deficiencies including but not limited to: any outstanding ad valorem taxes – including taxes which are a lien but not yet due and payable, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Mortgage first set out above. Said property will be sold subject to the right of redemption of all parties entitled thereto. The highest bidder must tender a non-refundable deposit of five thousand dollars ($5,000) in certified funds at the time and place of sale. The highest bidder must tender the remainder to the ALAW Law office withing 24 hours of the sale. Should the winning bidder fail to tender the total amount due within 24 hours, ALAW reserves the right to award the sale to the next highest bidder. 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 the rights and programs as a part of the foreclosure process. This sale will be made for the purpose of paying the same and all expenses of this sale, as provided in said Mortgage and by Alabama law. This sale is subject to postponement or cancellation. **This is an attempt to collect a debt and any information obtained may be used for that purpose.**
Bank of America, N.A.,
Mortgagee or Transferee Jonathan Smothers ALAW
One Independence Plaza, Suite 416
Birmingham, AL 35209
Attorney for Mortgagee/Transferee 22-005002A-4750498
June 10, 17 and 24, 2022
_____________
FILE CLAIMS
Shelley Thomas Fain was/were appointed Personal Representative(s) on 04/29/2022 to the Estate of Billy Eugene Fain, 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 27, June 3 and 10, 2022
_______________
FILE CLAIMS
Mary Perry was/were appointed Personal Representative(s) on 04/29/2022 to the Estate of Carrie Ann Bowen, 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 27, June 3 and 10, 2022
_____________
FILE CLAIMS
Shirley Cone was/were appointed Personal Representative(s) on 04/18/2022 to the Estate of Deborah Watson, 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 27, June 3 and 10, 2022
_____________
FILE CLAIMS
Tracy Nannette Tabben was/were appointed Personal Representative(s) on 04/27/2022 to the Estate of George Paul Fedorsin, 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 27, June 3 and 10, 2022
_____________
FILE CLAIMS
Shirley Cone was/were appointed Personal Representative(s) on 04/18/2022 to the Estate of Jerry Watson, 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 27, June 3 and 10, 2022
______________
FILE CLAIM
James Taylor McElroy was/were appointed Personal Representative(s) on 04/25/2022 to the Estate of John Robert McElroy, 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 27, June 3 and 10, 2022
_____________
FILE CLAIMS
Stacey Fail was/were appointed Personal Representative(s) on 04/25/2022 to the Estate of Sara Kathryn Northcutt, 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 27, June 3 and 10, 2022
______________
FILE CLAIMS
Terammi C. Coley was/were appointed Personal Representative(s) on 04/27/2022 to the Estate of Terry Lee Bowen, 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 27, June 3 and 10, 2022
_____________
FILE CLAIMS
Rikki Garrard Cosper was/were appointed Personal Representative(s) on 04/19/2022 to the Estate of Virginia Phillips Flynn, 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 27, June 3 and 10, 2022
_____________
FILE CLAIMS
Kelly Peek Townsend was/were appointed Personal Representative(s) on 04/19/2022 to the Estate of Pamela Diane Peek, 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 27, June 3 and 10, 2022
______________
FILE CLAIMS
Rebecca A. Franklin was/were appointed Personal Representative(s) on 05/19/2022 to the Estate of Frances Whitt Abel, 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 27, June 3 and 10, 2022
_____________
FILE CLAIMS
Russell L. Moore was/were appointed Personal Representative(s) on 04/19/2022 to the Estate of Joseph Charles (Jay) Moore, 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 27, June 3 and 10, 2022
______________
FILE CLAIMS
Alfred Larry Mitchell, Jr. was/were appointed Personal Representative(s) on 04/28/2022 to the Estate of Richard Thomas Mitchell, 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 27, June 3 and 10, 2022
______________
FILE CLAIMS
D’Andre Green was/were appointed Personal Representative(s) on 05/04/2022 to the Estate of Freddie Perry, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.
Scott W. Hassell
Judge of Probate
May 27, June 3 and 10, 2022
_____________
FILE CLAIMS
Richard A. Rhea was/were appointed Personal Representative(s) on 05/05/2022 to the Estate of Vernon Lamar Bunn, 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 27, June 3 and 10, 2022
_____________
FILE CLAIMS
Danny Michael Blevins and timothy Lee Blevins was/were appointed Personal Representative(s) on 05/09/2022 to the Estate of Danny L. Blevins, 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 27, June 3 and 10, 2022
______________
FILE CLAIMS
Samantha Corker was/were appointed Personal Representative(s) on 05/05/2022 to the Estate of Gretchen Jane Corker, 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 27, June 3 and 10, 2022
_____________
FILE CLAIMS
Amanda Lenae Mathis was/were appointed Personal Representative(s) on 05/03/2022 to the Estate of Richard Lynn Adcock, 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 27, June 3 and 10, 2022
_____________
FILE CLAIMS
Christi Davis was/were appointed Personal Representative(s) on 04/26/2022 to the Estate of Jon Philip Grady, 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 27, June 3 and 10, 2022
_____________
FILE CLAIMS
Gloria Denson appointed Personal Representatives on 08/04/2021 over the Estate of Joann Hood Thacker 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 27, June 3 and 10, 2022
______________
FILE CLAIMS
Sonya Starr Venn was/were appointed Personal Representative(s) on 04/20/2022 to the Estate of David S. Dobbs, 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 27, June 3 and 10, 2022
_____________
FILE CLAIMS
Gregory Kyle Burns was/were appointed Personal Representative(s) on 05/20/2022 to the Estate of Willie Sue Burns, 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
June 3, 10 and 17, 2022
_____________
FILE CLAIMS
C. Burton Dunn was/were appointed Personal Representative(s) on 05/17/2022 to the Estate of Donald Duane Cason, 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
June 3, 10 and 17, 2022
______________
FILE CLAIMS
Bobby Terrell Mullinax, Jr. was/were appointed Personal Representative(s) on 04/19/2022 to the Estate of Janis Carole Mullinax, 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
June 10, 17 and 24, 2022
_____________
FILE CLAIMS
Jerri Elliott Keel was/were appointed Personal Representative(s) on 05/18/2022 to the Estate of Jerry Franklin Elliott, 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
June 10, 17 and 24, 2022
_____________
NOTICE OF DIVORCE
IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA
WAITES SONYA C.,
Plaintiff
VS
WAITES ORLANDO L.,
Defendant
Case No.: DR-2021-900264.00
ORLANDO WAITES, whose whereabouts is unknown, must answer the Complaint of SONYA WAITES, by answering a complaint for divorce and other relief, 30 days from the date of the last publication or thereafter a Judgment of Default may be rendered against him in Civil Action N.: DR-2021-90264, Circuit court of Etowah County, Alabama.
Dated February 21, 2022.
Cassandra Johnson
Circuit Clerk
Patricia Granger, Attorney for the Plaintiff
227 ½ Broad Street
Gadsden, AL. 35901
256-546-7500
May 20, 27, June 3 and 10, 2022
_____________
PUBLICATION NOTICE
IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA
IN RE: VERBON HOLIDAY, An Incapacitated Person
Case # I-112
TO: Any Interested Party,
You will please take notice that a Motion to Approve Sale of Real and Personal Property of Verbon Holiday was filed in The Office of the Probate Judge of Etowah County by David Trottier, Esq., and that the 18th day of July, 2022, at 1:30 PM was appointed the day and time for hearing hereof, at which time you may appear and contest the same, is you see proper.
Scott W. Hassell
Probate Judge
June 10, 17 and 24, 2022
_____________
NOTICE OF HEARING
IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA
IN RE: HELEN MOORE, INCAPACITATED
CASE # S-9785
TO: Rebecca Byrd (whereabouts unknown)
Please take notice that a PETITION FOR FINAL ACCOUNTING was filed in the Office of the Judge of Probate, and further, that the 21st day of July, 2022 at 10:00 AM was appointed a day and time for hearing on said Petition on said Petition, thereof at which time you are commanded to appear before this court.
DONE THIS THE 3RD DAY OF JUNE, 2022
Scott W. Hassell
Probate Judge
June 10, 17 and 24, 2022
_____________
PUBLICATION NOTICE
IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA
IN RE: EDNA SUE ASHLEY
Case # I.261
An Incapacitated Person
TO: Any Interested Party
You will please take notice that a Motion to Approve Sale of Real Property of EDNA SUE ASHLEY was filed in The Office of the Probate Judge of Etowah County by Richard Rhea, Esq., and that the 19th day of July 2022, at 10:00 A.M. was appointed the day and time for hearing hereof, at which time you may appear and contest the same, if you see proper.
Scott Hassell
Probate Judge
June 10, 17 and 24, 2022
______________
NOTICE OF PROPOSED ADOPTION
SURROGATE’S COURT OF THE STATE OF NEW YORK
COUNTY OF CAYUGA
In the Matter of the Adoption of
A Child whose First Name is Cecilia
File No. X2022-1466
To: Frederick Edward Gronau, II
PLEASE TAKE NOTICE that a petition requesting an order approving and allowing the adoption of an adoptive child whose first name is Cecilia, who is alleged to be your daughter, and whose full name and date and place of birth is set forth in a Schedule annexed to the petition for adoption herein, together with an agreement to adopt and consents to the adoption pursuant to the Domestic Relations Law, has been filed with the Surrogate’s Court of the State of New York, Cayuga County. A hearing on the petition will be held at the Court, located at 152 Genesee Street, Auburn, New York 13021, on July 11, 2022, at 9:15 o’clock in the morning of that day, at which time and place all persons having any interest therein will be heard.
PLEASE TAKE FURTHER NOTICE that your failure to appear may constitute a denial of your interest in the child, which may result, without further notice to you, in the adoption or other disposition of the custody of the child.
BOYLE & ANDERSON, P.C.
Trevor Y. Hinman, Esq.
Attorney for Petitioners
110 Genesee Street, Suite 300
Auburn, New York, 13021
315-253-0326
June 10, 17, 24 and July 1, 2022
_____________
PUBLICATION NOTICE
IN THE MATTER OF THE ADOPTION PETITION
NOTICE TO: ERIC STEVEN KACZMAREK
ADDRESS: UNKNOWN
You will take notice that Petitioners for the Adoption of minor children born to Clara Lashae Kaczmarek, (biological mother), was filed on the 2nd day of May, 2022, alleging that the whereabouts of the minor children’s biological father, Eric Steven Kaczmarek, is unknown and has not been disclosed to the Court. The minor children’s dates of birth are 1/26/2010 and 09/07/2011.
Please be advised that should you intend to contest these adoptions, you must file a written response within thirty (30) days of the date of the last publication herein with the counsel for the petitioners, whose name and address is shown below, and with the Clerk of the Probate Court of Etowah County, Alabama, P.O. Box 187, Gadsden, AL. 35902.
Attorney for the Petitioner:
John W. Jennings, Jr.
111 South 10th Street
Gadsden, AL. 35901
This is the 8th day of June, 2022.
Scott W. Hassell
Probate Judge
June 10, 17, 24 and July 1, 2022
______________
NOTICE OF HEARING
IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA
IN RE: BETTY SUE LEFTWICH,
DECEASED,
CASE # S-11952
TO: Raydell Beard, Sheila Moore, Gary Ford, Donna Wood, Rhonda Stephens, Tonya Stephens, Amy Stephens and any unknown heirs of Roger Darrell Firestone Whose addresses are unknown
Please take notice that a Petition to Probate Will was filed in the Office of the Judge of Probate, and further, that the 2nd day of August 2022 at 10:30 AM was appointed a day and time for hearing on said Petition, thereof at which time you may appear and support and/or contest the Petition, if you so choose.
DONE THIS THE 8TH DAY OF JUNE, 2022.
Scott W. Hassell
Judge of Probate
June 10, 17 and 24, 2022
______________
NOTICE OF QUIET TITLE
IN THE CIRCUIT COURT OF ETOWAH COUNTY ALABAMA
Case No: CV-2022-900202.00
SUSHABT SINGH, PLAINTIFF
VS.
FREDDA HUBBARD, TIMOTHY L. WADDELL, PAMELA A. WADDELL
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
and
Lots 179, 181, 182, 183, 184, 185, 186, 158, 188 and 189, in Forrest Heights, as shown on the plant recorded in Plat Book “F”, Page 289m in the Probate Office of Etowah County, Alabama
DEFENDANTS
The Defendants, whose whereabouts are unknown, must answer Plaintiff’s Complaint filed in the above referenced court and case number within thirty (30) days of the completion of the publication of thereafter a judgment of default may be rendered against you in the above-styled case.
Done the 2nd day of June 2022.
Cassandra Johnson,
Clerk of the Circuit Court of Etowah County
June 10, 17,24 and July 1, 2022
_____________
NOTICE OF CONDEMNATION-FORFEITURE ACTION
IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA
CIVIL DIVISION
CASE NO: CV-22-900066-SJS
STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,
PLAINTIFF
VS.
$14,310.00 U.S. Currency
DEFENDANT
In Re: Demetrius Terry, Lebrandon Sandridge, Tony Vasser, Antonio Kelley, Perry Phillips, Andrea Banks, Harold Erwin, Jonte Bishop, Gary Blake Whitt, William Rudolph, Jacqueline Morgan, Loyd Smothers, John Turner, Kyle Thrasher, Jeffrey Smith, Billy Brooks, Unknown, Lebrandon Sandridge, Deontriez Woods, Zachary Boone, Jason Norwood, Roderick Orr, Javarrio Thomas, Ronald Gray, Justin Price, Cameron Coleman, Isaac Flowers, Ivory Hamilton, Antonio Miliner, Nicolas Bone, Kareem Harvey
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 10th day of August 2022. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.
DONE this the 8th day of June 2022
Cassandra Johnson, Circuit Clerk
Etowah County, Alabama
June 10, 17, 24 and July 1, 2022
______________
NOTICE OF CONDEMNATION-FORFEITURE ACTION
IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA
CIVIL DIVISION
CASE NO: CV-22-41-CDR
STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,
PLAINTIFF
VS.
$2,943.00 U.S. Currency
DEFENDANT
In Re: Rickey Blake Maxwell
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 10th day of August 2022. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.
DONE this the 8th day of June 2022
Cassandra Johnson, Circuit Clerk
Etowah County, Alabama
June 10, 17, 24 and July 1, 2022
_____________
NOTICE OF CONDEMNATION-FORFEITUREACTION
IN THE CIRCUIT COURT OF ETOWAH COUNTY, ALABAMA
CIVIL DIVISION
CASE NO: CV-22-11-SJS
STATE OF ALABAMA, ex rel: Etowah County Drug Enforcement Unit,
PLAINTIFF
VS.
$3,100.00 U.S. Currency
DEFENDANT
In Re: Ernest Fitzgerald Jones
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 10th day of August 2022. Failure to file such answer shall result in your loss of any claimed owner’s or other interest in said currency.
DONE this the 8th day of June 2022
Cassandra Johnson, Circuit Clerk
Etowah County, Alabama
June 10, 17, 24 and July 1, 2022
______________
LEGAL ZONING NOTICE
Notice is hereby given that on the 22nd day of June, 2022 at 4:00 p.m., the Planning Commission of the City of Gadsden will hold a regularly scheduled public hearing in the Council Chamber at City Hall, First Floor, 90 Broad Street to give all persons who desire an opportunity to be heard, in opposition to or in favor of, the following requests:
“A request to rezone the following described property from B-2, General Business District to R-1, One-Family Residence District:
Begin at an existing pinch-pipe at the northernmost corner of Lot No. Eight of D.L. Baswell Subdivision, as recorded in Plat Book “E,” Page 113, Etowah County Probate Office, being on the southeasterly ROW of Ewing Avenue and run S 45°,29’47” E, along the northerly line of Lot No. Eight, 309.40’ to a point; thence run S 32°,11’40” W, 74’ to a point; thence run S 87°,45’00” W, 149.8’ to a point; thence run N 43°,46’16” W, 221.88’ to a point on said ROW; thence run N 44°,15’14” E, along said ROW, 174.74’ to the point of beginning. Said property being Lots No. Eight and Nine, and a portion of Lot No. Ten (street address being 2113 Ewing Avenue).”
“A request to rezone the front portion of the following described property from R-1, One-Family Residence District to B-1, Neighborhood Business District:
Begin at the intersection or the east ROW line of Eastside Drive and the south ROW line, a street referred to as Lakeside Way; thence run in an easterly direction along the south line of said ROW a distance of 98’, ±, to a point on the city limits line of Gadsden, Alabama; thence run southwesterly along the said city limits line a distance of 97.5’, ±, to a point in the south property line; thence run in a westerly direction a distance of 58’, ±, to a point in the east ROW line of Eastside Drive; thence run in a northerly direction a distance of 82’, ±, to the point of beginning. Said parcel lying in the SW ¼ of the SE ¼ of Section 8, Township 12-S, Range 6, in Gadsden, Alabama (street address being 1804 Eastside Drive).”
“A request for approval of a Preliminary Plat and Final Plat for the Waterford Landing Subdivision, Phase I (Lots One through Seventeen).”
June 10, 2022.
_____________
ORDINANCE NO. O-15-22
Adopting the 2021 edition of the International Building Code, regulating and governing the repair, alteration, change of occupancy, addition and relocation of existing buildings, including historic buildings; providing for the issuance of permits and collection of fees therefor
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:
Section 1. Section 18-41 of the Gadsden City Code is amended to read as follows:
A certain document, three copies of which are on file in the office of the city clerk, being marked and designated as the International Building Code, 2021 edition, including Appendix A (Guidelines for the Seismic Retrofit of Existing Buildings), Appendix B (Supplementary Accessibility Requirements for Existing Buildings and Facilities), and Resource A (Guidelines on Fire Ratings of Archaic Materials and Assemblies), as published by the International Code Council, is adopted as the existing building code of the city for regulating and governing the repair, alteration, change of occupancy, addition and relocation of existing buildings, including historic buildings; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said existing building code on file in the office of the city clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 18-42.
Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 3. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses and phrases were declared unconstitutional or invalid.
Section 4. Nothing in this ordinance or in the existing building code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 3 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.
Section 5. The City Clerk is hereby ordered and directed to cause this ordinance to be published.
Section 6. This ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect from and after the first day of the first month following its publication.
Adopted by the City Council of Gadsden, Alabama, at an open public meeting held on May 31, 2022.
Iva Nelson, City Clerk
June 10, 2022
_____________
ORDINANCE NO. O-16-22
Adopting 2021 edition of International Fuel Gas Code, regulating and governing fuel gas systems and gas-fired appliances; providing for the issuance of permits and collection of fees therefor
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:
Section 1. Section 18-231 of the Gadsden City Code is amended to read as follows:
A certain document, three copies of which are on file in the office of the city clerk, being marked and designated as the International Fuel Gas Code, 2021 edition, including Appendix Chapters A (Sizing and Capacities of Gas Piping), B (Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category I Appliances and Appliances Listed for Use with Type B Vents), C (Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems), and D (Recommended Procedure for Safety Inspection of an Existing Appliance Installation), as published by the International Code Council, is adopted as the fuel gas code of the city for regulating and governing fuel gas systems and gas-fired appliances as herein provided; providing for the issuance of permits and collection fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said fuel gas code on file in the office of the city clerk are referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 18-232.
Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 3. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses and phrases were declared unconstitutional or invalid.
Section 4. Nothing in this ordinance or in the fuel gas code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 3 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.
Section 5. The City Clerk is hereby ordered and directed to cause this ordinance to be published.
Section 6. This ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect from and after the first day of the first month following its publication.
Adopted by the City Council of the City of Gadsden, Alabama, at an open public meeting held on May 31, 2022.
Iva Nelson, City Clerk
June 10, 2022
______________
ORDINANCE NO. O-17-22
Adopting the 2021 edition of the International Mechanical Code, regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems; providing for the issuance of permits and collection of fees therefor
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:
Section 1. Section 18-281 of the Gadsden City Code is amended to read as follows:
A certain document, three copies of which are on file in the office of the city clerk, being marked and designated as the International Mechanical Code, 2021 edition, including Appendix Chapter A (Combustion and Air Openings and Chimney Conductor Pass-Throughs), as published by the International Code Council, is adopted as the mechanical code of the city for regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said mechanical code on file in the office of the city clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 18-282.
Section 2. All other ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 3. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses and phrases were declared unconstitutional or invalid.
Section 4. Nothing in this ordinance or in the mechanical code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 3 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.
Section 5. The City Clerk is hereby ordered and directed to cause this ordinance to be published.
Section 6. This ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect from and after the first day of the first month following its publication.
Adopted by the City Council of the City of Gadsden, Alabama, at an open public meeting held on May 31, 2022.
Iva Nelson, City Clerk
June 10, 2022
______________
ORDINANCE NO. O-18-22
Adopting the 2021 edition of the International Plumbing Code, regulating
and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance
of plumbing systems
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:
Section 1. Section 18-431 of the Gadsden City Code is amended to read as follows:
A certain document, three copies of which are on file in the office of the city clerk, being marked and designated as the International Plumbing Code, 2021 edition, including Appendix Chapters B (Rates of Rainfall for Various Cities), C (Gray Water Recycling Systems), D (Degree Day and Design Temperatures), E (Sizing of Water Piping System), F (Structural Safety) and G (Vacuum Drainage System), as published by the International Code Council, is adopted as the plumbing code of the city for regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of plumbing systems as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said plumbing code on file in the office of the city clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 18-432.
Section 2. All other ordinance or parts of ordinances in conflict herewith are hereby repealed.
Section 3. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses and phrases were declared unconstitutional or invalid.
Section 4. Nothing in this ordinance or in the plumbing code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 3 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.
Section 5. The City Clerk is hereby ordered and directed to cause this ordinance to be published.
Section 6. This ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect from and after the first day of the first month following its publication.
Adopted by the City Council of Gadsden, Alabama, at a meeting held on May 31, 2022.
Iva Nelson, City Clerk
June 10, 2022
____________
ORDINANCE NO. O-19-22
Adopting 2021 edition of International Property Maintenance Code, regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures; providing for the issuance of permits and collection of fees therefor
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:
Section 1. Section 18-261 of the Gadsden City Code is amended to read as follows:
A certain document, three copies of which are on file in the office of the city clerk, being marked and designated as the International Property Maintenance Code, 2021 edition, as published by the International Code Council, is adopted as the property maintenance code of the city for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said property maintenance code on file in the office of the city clerk are referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 18-262.
Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 3. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses and phrases were declared unconstitutional or invalid.
Section 4. Nothing in this ordinance or in the property maintenance code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 3 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.
Section 5. The City Clerk is hereby ordered and directed to cause this ordinance to be published.
Section 6. This ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect from and after the first day of the first month following its publication.
Adopted by the City Council of the City of Gadsden, Alabama, at an open public meeting held on May 31, 2022.
Iva Nelson, City Clerk
June 10, 2022
_____________
ORDINANCE NO. O-20-22
Adopting the 2021 edition of the International Residential Code, regulating and governing the construction, alteration, movement, enlargement, replacement, repair, equipment, location, removal and demolition of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height with separate means of egress in the city; providing for the issuance of permits and collection of fees therefor
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:
Section 1. Section 18-461 of the Gadsden City Code is amended to read as follows:
A certain document, three copies of which are on file in the office of the city clerk, being marked and designated as the International Residential Code, 2021 edition, including Appendix Chapters A (Sizing and Capacities of Gas Piping), B (Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category I Appliances, and Appliances Listed for Use with Type B Vents), C (Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems), D (Recommended Procedure for Safety Inspection of An Existing Appliance Installation), E (Manufactured Housing Used as Dwelling), F (Radon Control Methods), G (Swimming Pools, Spas and Hot Tubs), H (Patio Covers), I (Private Sewage Disposal), J (Existing Buildings and Structures), K (Sound Transmission), M (Home Day Care—R-3 Occupancy), N (Venting Methods), O (Gray Water Recycling Systems), P (Sizing of Water Piping System) and Q (International Residential Code Electrical Provisions/National Electrical Code Cross-Reference), as published by the International Code Council, is adopted as the residential code of the city for regulating and governing the construction, alteration, movement, enlargement, replacement, repair, equipment, location, removal and demolition of detached one and two family dwellings and multiple single family dwellings (townhouses) not more than three stories in height with separate means of egress as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said residential code on file in the office of the city clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this ordinance.
Section 2. All other ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 3. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses and phrases were declared unconstitutional or invalid.
Section 4. Nothing in this ordinance or in the residential code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 3 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.
Section 5. The City Clerk is hereby ordered and directed to cause this ordinance to be published.
Section 6. This ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect from and after the first day of the first month following its publication.
Adopted by the City Council of the City of Gadsden, Alabama, at an open public meeting held on May 31, 2022.
Iva Nelson, City Clerk
June 10, 2022
____________
ORDINANCE NO. O-21-22
Adopting the 2021 edition of the International Swimming Pool and Spa Code
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:
Section 1. Chapter 18 of the Gadsden City Code is amended to add the following 2021 International Swimming Pool and Spa Code in its entirety, to read as follows:
A certain document, three copies of which are on file in the office of the city clerk, being marked and designated as the International Swimming Pool and Spa Code, 2021 edition.
Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 3. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses and phrases were declared unconstitutional or invalid.
Section 4. Nothing in this ordinance or in the existing building code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 3 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.
Section 5. The City Clerk is hereby ordered and directed to cause this ordinance to be published.
Section 6. This ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect from and after the first day of the first month following its publication.
Adopted by the City Council of Gadsden, Alabama, at an open public meeting held on May 31, 2022.
Iva Nelson, City Clerk
June 10, 2022
______________
ORDINANCE NO. O-22-22
Authorizing Conveyance of Certain Property
Whereas, pursuant to a Warranty Deed from The First Presbyterian Church of Athens, dated April 5, 2004, the City of Gadsden owns the following described property located at 1325 Cansler Avenue:
Lot Number Fourteen (14), Block Seven (7), of the Hill and Cansler Addition, as same appears of recording Plat Book A, Page 75, Office of the Judge of Probate of Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama. (Vacant Lot, 1325 Cansler Avenue)
This property does not constitute the homestead or principal residence of the grantor.
Whereas, Lorenzo Marcos Lorenzo and Celestina Marcos Gaspar, have offered to pay $500.00 for the property;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:
1. This real property is not needed for any municipal or public purpose.
2. The Mayor is hereby authorized and directed to execute a quit claim deed to and in favor of Lorenzo Marcos Lorenzo and Celestina Marcos Gaspar for the sum of Five Hundred and 00/100 Dollars ($500.00).
Adopted by the City Council of Gadsden, Alabama, at a meeting held on May 31, 2022.
Iva Nelson, City Clerk
June 10, 2022
______________
ORDINANCE NO. O-23-22
Authorizing Conveyance of Certain Property
Whereas, pursuant to a Warranty Deed from James Jaynes, dated November 13, 2018, the City of Gadsden owns the following described property located at 1811 Adams Street:
The East One-Half (E ½) of Lots Number One (1) and Two (2), Block Number Seventeen (17) in the Gadsden Realty Company’s South Gadsden Addition, according to the map thereof recorded in Plat Book B, Pages 314 and 315, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama.
This property does not constitute the homestead or principal residence of the grantor.
Whereas, Harold Clevenger, has offered to pay $500.00 for the property;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:
1. This real property is not needed for any municipal or public purpose.
2. The Mayor is hereby authorized and directed to execute a quit claim deed to and in favor of Harold Clevenger for the sum of Five Hundred and 00/100 Dollars ($500.00).
Adopted by the City Council of Gadsden, Alabama, at a meeting held on May 31, 2022.
Iva Nelson, City Clerk
June 10, 2022
______________
RESOLUTION NO. R-178-22
Ordering Abatement of Nuisance
Whereas, the Building Official has determined that a structure located at
103 ELMWOOD AVENUE in District 2 in the City of Gadsden, more particularly described as:
A tract or parcel of land beginning at the intersection of the southeast line of Lot Number Six (6), Block “A”, with the southwest line of Elmwood Avenue, and from thence run in a Northwesterly direction and along the southwest line of Elmwood Avenue a distance of 75 feet; thence run in a southwesterly direction and parallel with the southeast line of said Lot Number Six (6) a distance of 158.5 feet to the Northwest corner of the lot or parcel of land described in deed form Ruby H. Robbs and Husband, Lewis H. Robbs, to Mae C. Carman and husband, George W. Carman, dated June 4 , 2948 and recorded in Book 370, Page the 68, Probate Office, Etowah County, Alabama, thence run in a southeasterly direction along the northeast line of said Carman lot a distance of 75 feet to the southeast line of Lot Number Six (6); thence run in a northeasterly direction along the southeast line of said lot Number Six (6), a distance of 158.2 feet to the point of beginning, said description embracing a portion of Lots Numbers Four (4), Five (5) and Six (6), in Block “A”, according to the amended map of Elmwood North Division to East Gadsden, recorded in Plat Book “B”, Pages 362-363, Probate Office, Etowah County, Alabama, and being the identical property described in deed from H. C. Parsons and wife, Thelma W. Parsons, to Ronald L. Hardy and wife, LaNelle C. Hardy, dated June 1963, and recorded in Book 888, page 225, Probate Office, said County.
is a nuisance and ordered its abatement; and
Whereas, as required by the City Code, notice of a public hearing has been given to EAST GADSDEN CHURCH OF GOD, 105 ELMWOOD AVENUE, GADSDEN, AL.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:
1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.
2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City Code.
Adopted by the City Council of Gadsden, Alabama, at an open public meeting held on May 31, 2022.
Iva Nelson, City Clerk
June 10, 2022
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RESOLUTION NO. R-179-22
Ordering Abatement of Nuisance
Whereas, the Building Official has determined that a structure located at
514 WILSON STREET (building remains) in District 6 in the City of Gadsden, more particularly described as:
Lot Number Sixteen (16), in Block Number Six (6), in Walnut Park or West point Second Addition, according to map or plat thereof as recorded in Plat Book B, Page 117, in the Probate Office of Etowah County, Alabama.
is a nuisance and ordered its abatement; and
Whereas, as required by the City Code, notice of a public hearing has been given to SANDRA LYNN BOWMAN, 2208 HILL AVENUE, GADSDEN, AL.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GADSDEN, ALABAMA, as follows:
1. The Council finds that the structure constitutes a nuisance in violation of the City Code and should be abated.
2. The Building Official is authorized to abate the nuisance by removing or repairing said structure and to give notice of this decision in accordance with the City Code.
Adopted by the City Council of Gadsden, Alabama, at an open public meeting held on May 31, 2022.
Iva Nelson, City Clerk
June 10, 2022
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BID NOTICE
McCartney Construction Co., Inc. hereby gives notice of completion of Project: IAR-028-000-003 “In-Place Plant Mix” for Burgess Road in Attalla, AL, Etowah County. This notice will appear for four consecutive weeks beginning on June 3, 10, 17 and ending on 24, 2022.
All claims should be filed at Vulcan Materials Asphalt & Construction, LLC
P.O. Box 1890, Gadsden, Alabama, 35902 during this period.
June 3, 10, 17 and 24, 2022
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ADVERTISEMENT FOR BIDS
Sealed proposals from General Contractors will be received by Mrs. Heather New, President and CEO of The Chamber of Gadsden & Etowah County, located at 1 Commerce Square, Gadsden, AL 35901 until 2:00 p.m. CST on Tuesday, July 5th, 2022 for:
Parking Lot for Etowah County Mega Sports Complex Rainbow City, Alabama
The Project’s scope of work consists of the construction of a paved parking lot for the Etowah County Mega Sports Complex located at 625 Kinzie Lane in Rainbow City, Alabama. The scope of work includes asphalt paving, aggregate base, and concrete sidewalk as stipulated in the bid documents.
Sealed proposals will be publicly opened and read at 2:00 p.m. CST time on Tuesday, July 5th, 2022 at The Chamber of Gadsden & Etowah County Inc., located at 1 Commerce Square, Gadsden, Alabama.
A cashier’s check or bid bond payable to Etowah County Mega Sports Complex Authority in an amount not less than five (5) percent of the amount of the bid, but in no event more than $10,000, must accompany the bidder’s proposal. Also, a copy of the General Contractor’s license must accompany the bidder’s proposal. Performance and Payment Bonds and evidence of insurance required in the bid documents will be required at the signing of the Contract.
Drawings, Project Manual, and Addenda, hereby known as bid documents may be examined at The Chamber of Gadsden & Etowah County, located at 1 Commerce Square, Gadsden, Alabama and in the following plan rooms: McGraw Hill Dodge Plan Rooms, AGC Plan Room, and Birmingham Construction Industry Authority (BCIA). Electronic bid documents are available to General Contractors through Chambless King Architects. For information on obtaining electronic bid documents or for questions regarding this project contact Eric Archie of Chambless King Architects at 334-272-0029 or email at earchie@chamblessking.com.
A mandatory pre-bid conference will be held at 10:00 am CST time on Tuesday, June 28th, 2022 at the Etowah County Mega Sports Complex, located at 625 Kinzie Lane, Rainbow City, Alabama. The purpose of the conference is for reviewing the project scope of work, the existing conditions and to address any questions. Attendance by General Contractors is mandatory and highly recommended for subcontractors and vendors.
Bids must be submitted on proposal forms furnished in the Project Manual or copies thereof. All bidders bidding in amount exceeding that established by the State Licensing Board for General Contractors must be licensed under the provisions of Title 34, Chapter 8, Code of Alabama, 1975, and must show evidence of license before bidding or bid will not be received or considered by the Architect; the bidder shall show such evidence by clearly displaying his or her current license number on the outside of the sealed envelope in which the proposal is delivered. The Owner reserves the right to reject any or all proposals and to waive technical errors if, in the Owner’s judgment, the best interests of the Owner will thereby be promoted. No bid may be withdrawn for 30 days after bid date.
Proposals submitted by mail should be addressed to Mrs. Heather New, President and CEO of The Chamber of Gadsden & Etowah County Inc., located at 1 Commerce Square, Gadsden, AL 35901. All proposals must be in a sealed envelope as stipulated above, enclosed in a separate mailing envelope with the notation “SEALED BID ENCLOSED – Parking Lot for Etowah County Mega Sports Complex” on the face thereof.
Etowah County Mega Sports Complex Authority
Chambless King Architects
(Awarding Authority Architect)
June 10, 17, and 24, 2022
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NOTICE TO CONTRACTORS
Sealed construction 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 28, 2022, for furnishing all labor, materials, equipment, and service required to complete 2022-2023 City of Gadsden Landscape Maintenance Bid, Bid Request No. 3478, 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 may be obtained from the City of Gadsden Engineering Department, Room 301, City Hall, 90 Broad Street, Gadsden, Alabama (phone: (256)-549-4520), immediately for free. 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 successful bidder will be required to furnish and pay for the satisfactory Performance and Payment Bond or Bonds 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 six (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.
The Owner reserves the right to reject any or all bids and to waive any informalities and to award the contract to the lowest, responsible, responsive bidder. All bidders must comply with requirements of the Contractor’s Licensing Law of the State of Alabama and be certified for the type work on which the proposal is submitted.
Any bidder, whether a resident or non-resident of the State of Alabama, must comply with all applicable provisions of Section 34-8-1, et. seq., Code of Alabama, 1975, including requirements for licensing as a general contractor and the necessity to show evidence of license, with a specialty in landscaping, before the bid will be considered by the awarding authority. A current license number must be included on the bid.
Bidders must comply with the President’s Nos. 11246 and 11375 which prohibit discrimination in employment regarding race, creed, color, sex, or national origin. Bidders must also comply with Title IV of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of1968, and Section III of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu.
By signing this contract, the contracting parties affirm, for the duration of the agreement, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the state of Alabama. Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of the agreement and shall be responsible for all damages resulting therefrom.
Bidders must certify that they do not and will not maintain or provide for their employees any facilities that are segregated on a basis of race creed, color, sex, or national origin. Bidders must also certify they will make facilities handicap accessible to the extent required by law.
THE CITY GADSDEN, ALABAMA
Sherman Guyton, Mayor
Iva Nelson, City Clerk
June 10, 2022
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NOTICE OF VEHICLE POSSESSION
Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 07/08/2022
1995 Pontiac Sunfire – VIN: 1G2JD1 2D1S7541524
2000 Saturn SC2 – VIN: 1G8Z Y1276YZ112268
2013 Kia Forte – VIN: KNAFU4A2XD5729781
2015 Freightliner AA – VIN: 3AKJGLD59FSFK4617
Thacker Towing
927 5th Ave NE
Attalla, AL 35954
(256) 546-9994
June 3 and 10, 2022
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NOTICE OF VEHICLE POSSESSION
Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle (s) on 07/22/2022
2000 Chevrolet Silverado – VIN: 2GCEK19T2Y1179340
1998 Kawasaki ZX900 – VIN: JKAZX2C16WA000858
1996 Ford Ranger – VIN: 1FTCR14A9TPA51648
Thacker Towing
927 5th Ave NE
Attalla, AL 35954
(256) 546-9994
June 10 and 17, 2022