150 Legals

ABANDONED
VEHICLE NOTICE

Pursuant to the provisions of the Alabama Abandoned Motor Vehicle Act, Section 32-13-1, Code of Alabama, 1975, notice is hereby given that the following described vehicle has been abandoned and will be sold at auction on 04/24/17 at 9:00 a.m. at Rod's Transmission Service, 2105 Commerce Avenue, Jasper, AL 35501, to-wit:
2004 Chevy Silverado, Silver
Vin # 2GCEK13T341299165
Tag # 7NTB8
The seller reserves the right to reject any and all bids.
*March 17, 24, 2017



ADDENDUM TO VIDEO
SERVICES AGREEMENT
THIS ADDENDUM TO VIDEO SERVICES AGREEMENT ("Addendum") is made on this 7th day of March, 2017, by and between BellSouth Telecommunications, Inc., d/b/a AT&T Alabama, ("AT&T Alabama") and the City of Jasper, Alabama ("City").
Recitals
WHEREAS, AT&T Alabama and the City entered into an agreement on March 4, 2008, ("Agreement") regarding the provision by AT&T Alabama of its integrated Internet Protocol ("IP") enabled broadband platform of voice, data and video services ("IP" Network"), the video component of which is switched, two-way, point-to-point and interactive service ("IP Video Service"); and
WHEREAS, Section 2 set forth the term of the Agreement to expire effective December 31, 2017, but allows for extending the term upon mutual agreement of the Parties; and
WHEREAS, AT&T Alabama and the City desire to extend the term of the Agreement until December 31, 2027 and agree that there is sufficient mutual consideration for renewing and extending the term of the Agreement.
Agreements
1. Section 2 of the "Agreement" is to be amended by changing the date of termination from December 31, 2017 to December 31, 2027. Section 2 is hereby amended to read as follows:
"Term. The term of this Agreement shall be from the Effective Date of this Agreement through December 31, 2027. The term may be extended upon mutual agreement of the Parties."
2. Section 2 of the "Agreement" is hereby deleted in its entirety and replaced with the following:
Compensation to City. During the term of this Agreement, AT&T Alabama shall pay to City a fee equal to 5% of the Gross Revenues derived from the provision of AT&T's IP-Enabled Video Service, which fee shall be paid quarterly. AT&T will remit this fee pursuant to this Agreement irrespective of the classification of this service under the Communications Act. Such fees shall be paid to the City within 45 days after the end of the preceding quarter for which payment is made. The provider may designate that portion of the subscriber's bill attributable to fees imposed pursuant to this Agreement and recover such amount from the subscriber as a separate line item of the bill.
The term Gross Revenues shall include the following:
a. All charges and subscription fees paid by subscribers for the
provision of AT&T's IP-Enabled Video Service, including fees attributable to AT&T's IP-Enabled Video Service when sold individually or as part of a package or bundle, or functionally integrated, with services other than the AT&T's IP-Enabled Video Service;
b. All revenue derived from the Provider's Service pursuant to compensation arrangements for advertising sales and home shopping (including Home Shopping Network and any comparable shopping from home network) sales derived from the operation of the Service within the City. Advertising commissions paid to third parties (excluding any refunds, rebates, or discounts the Provider may make to advertisers) shall not be deducted from advertising revenue included in Gross Revenues. The allocation of advertising and home shopping revenue shall be based on the number of subscribers in the Municipality divided by the total number of subscribers in relation to the relevant region or national compensation arrangement; and
c. All revenue collected by the Provider, arising from or attributable to the provision of Service by the Provider within the Municipality including, but not limited to: fees charged Subscribers for any basic, optional, premium, per-channel or per-program service; installation and re-connection fees; converter rentals and/or sales; video service fees; late fees; wire maintenance revenue associated with stand-alone AT&T IP-Enabled Video Service; upgrade, downgrade or other change-in-service fees.
For purposes of this Agreement, Gross Revenues do not include:
(a) uncollectible fees, provided that all or part of uncollectible fees which is written off as bad debt but subsequently collected, less expenses of collection, shall be included in Gross Revenues in the period collected;
(b) discounts, refunds, and other price adjustments that reduce the amount of compensation received by AT&T Alabama;
(c) Except as provided for in Section 3.4(c) any tax, fee, or assessment of general applicability imposed on the customer or the transaction by a Federal, State, or local government or any other governmental entity, collected by the Provider, and required to be remitted to the taxing entity, including sales and use taxes, and utility user taxes;
(d) revenue from the sale or rental of capital assets to non-subscribers; or
e) any revenues received by AT&T for the provision of information services, or the provision of directory or Internet advertising (including yellow pages, white pages, banner advertisement, and electronic publishing).
3. Unless amended by the terms of this Addendum, all other terms and conditions of the "Agreement," shall remain unchanged and in full force and effect throughout the extended term. In the event of any inconsistencies between the Agreement and this Addendum, the terms of this Addendum shall take precedence.
IN WITNESS WHEREOF, AT&T Alabama and the City have caused this Addendum to be duly executed on their behalf by their duly authorized representative, as of the date first above written.
BellSouth Telecommunications, Inc. d/b/a AT&T Alabama
By: Fred McCallum, Jr.
President - AT&T Alabama
CITY COUNCIL OF THE
CITY OF JASPER, ALABAMA
*March 24, 2017



LEGAL NOTICE
CANE CREEK, LLC.
CANE CREEK MINE, P-3910
In accordance with the provisions of the Federal Surface Mining Control and Reclamation Act (Public Law (95-85), notice is hereby given that Cane Creek, LLC. 7802 Highway 78, Cordova, AL 35550, Telephone 205-590-4245, Cane Creek Mine, P-3910, will conduct blasting operations Monday through Saturday 7:00 am to 7:00 p.m., during daylight hours only (sunrise to sunset). Understanding seasonal changes will determine actual a.m. and p.m. times. This is the blasting schedule except in emergency situations where rain, lightning, or other atmospheric conditions, or operator or public safety requires unscheduled detonation. Personnel will block all access roads to blasting area ten (10) minutes prior to detonation until an all clear is determined by an authorized representative of the company. Prior to detonation of blasts, the blast area, and all public roads within the proximity of the blast area that may be affected by flyrock will be blocked off by employees a minimum of one thousand (1,000') feet measured horizontally from actual blast holes to prevent entry. Audible warning signals will be given by horn located at or near the blasting site. The blasting will be coordinated by three (3) people the blaster, signal man and superintendent of the mine. The superintendent will clear the area and communicate with the blaster and signal man, once a head count is taken the superintendent and the blaster will communicate to ensure the area is still clear, after verification the area is still clear the go ahead to blast will be given, after the blast the blaster will make sure the blast was successful and that no problems exist. He will then communicate with the signal man to sound an all clear and workers can return to their work area. When blasting is within five hundred (500) feet of an occupied dwelling the owner will be contacted prior to the blast.
Warning signals will be as follows: Three (3) long soundings with a pause between for a warning, a five (5) minute wait, then two (2) long soundings with a pause between, then shoot, one (1) long sounding for an "all clear" signal after detonation.
Blasting will be conducted in the NE/SW, SE/SW, SW/SW & NW/SW of Section 27, NE/SE, SE/SE, SW/SE & NW/SE of Section 28, NE/NE & NW/NE of Section 33, NW/NE, SW/NE, NE/NW, SE/NW, SW/NW & NW/NW of Section 34, Township 14 South, Range 7 West. All being located in Walker County, Alabama.
*March 24, 2017



LEGAL NOTICE
The City Council of the City of Jasper, Alabama, will conduct, at its next regular meeting scheduled for April 4, 2017, at 10:00 a.m., a hearing concerning a proposed action, to-wit, the provision of economic development incentives for the further redevelopment of and new development within the Jasper Square shopping center. The action proposed to be taken shall be to grant incentives in the form of the waiver of building permit fees and landfill disposal fees, an exemption from the municipal Sales and Use Tax for construction, and an annual rebate of Sixty Thousand and no/100 Dollars ($60,000) of the sales tax collected (other than the sales tax collected pursuant to the 2013 sales tax increase), provided, however, that the rebate shall be limited to a period of ten (10) years, and a maximum rebate of Six Hundred Thousand and no/100 Dollars ($600,000.00). The public benefits sought to be achieved by this action include without limitation the creation of new positions of employment for citizens of the City of Jasper, Alabama, and the surrounding areas, increased sales tax for the City of Jasper, Alabama, Walker County, Alabama, and the State of Alabama, the elimination of blight and infill of vacant commercial property within the existing city limits, the increase of retail opportunities which will retain consumer spending dollars in the City of Jasper, the initial location of a unique and desirable business in a market area the size of the City of Jasper (which may serve as encouragement to other similarly desirable businesses to locate within Jasper), and the location of unique, desirable "first-to-market" businesses within the City of Jasper. The entity to whom the benefit of the development incentives will inure is PLG Investments, LLC.
Kathy Chambless, City Clerk
City of Jasper, Alabama
*March 24, 2017



MORTGAGE
FORECLOSURE SALE

Default having being made in the payment of the indebtedness secured by that certain mortgage dated February 14, 1998 executed by Johnny W. Hartley and Tricia S. Hartley, husband and wife, in favor of Jim Walter Homes, Inc., said Mortgage being recorded May 13, 1998, in Book 1586, Page 35; corrected by Book 1596, Page 784 in the Office of the Judge of Probate of Walker County, Alabama; assigned to U.S. Bank NA, as trustee for Mid-State Trust VII by instrument recorded in the Office of the Judge of Probate of Walker County, Alabama. Said default continues and notice is hereby given that the undersigned, U.S. Bank NA, as trustee for Mid-State Trust VII by Ditech Financial LLC as servicer with delegated authority, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash at the main entrance to the County Courthouse, Walker County, Alabama on 04/04/2017, during the legal hours of sale, the following described real estate situated in Walker County, Alabama, to-wit:
Commence at the Northeast Corner of the Southeast Quarter of the Northeast Quarter of Section 10, Township 16 South, Range 7 West, Walker County, Alabama, said point being the point of commencement; thence run S 2 degrees 26'21”E along the East boundary line of said Quarter-Quarter for a distance of 660.00 feet to a point; thence run S 87 degrees 42'14”W for a distance of 660.00 feet to a point; thence run S 2 Degrees 26'21”E for a distance of 210.00 Feet to an iron rod, said rod being the Point of Beginning; thence continue S 2 Degrees 26'21”E for a distance of 337.00 feet to an iron rod; thence run N 80 Degrees 41'03”E for a distance of 233.07 feet along Joe Key Road to an iron rod; thence run N 27 Degrees 51'44”W along an existing fence line for a distance of 342.00 feet to an iron rod; thence run S 87 Degrees 42'14”W for a distance of 84.58 feet to the Point of Beginning. Said parcel lying in the Northeast Quarter of Section 10, Township 16 South, Range 7 West, Walker County. Alabama and Contains 1.2 acres more or less.
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, EXPRESS OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO. Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.
This sale is made for the purpose of paying the indebtedness secured by mortgage as well as the expenses of foreclosure, including a reasonable attorney’s fees and other purposes set out in said mortgage.
U.S. Bank NA, as trustee for Mid-State Trust VII by Ditech Financial LLC as servicer with delegated authority
Paul K. Lavelle
Attorney for Mortgagee
Spina, & Lavelle, P.C.
One Perimeter Park South
Suite 400N
Birmingham, Alabama 35243
(205) 298-1800
*March 10, 17, 24, 2017



NOTICE OF APPOINTMENT
TO BE PUBLISHED
BY EXECUTRIX
ESTATE OF
Frances Mitilda Snipes a/k/a
Frances M. Snipes a/k/a
Frances Snipes,
DECEASED
PROBATE COURT
CASE NO. PC2016-213
Letters Testamentary
Of said deceased having been granted to the undersigned on the 11th day of October, 2016, by the Hon. Rick Allison, Judge of the Probate Court of Walker County, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.
Patricia Jane Hale
formerly known as
Patricia Jane Kelly
Executrix
Wadsworth Law Office, LLC
Montgomery, Alabama
*March 10, 17, 24, 2017



NOTICE OF FORECLOSURE
Default having been made in the payment of the indebtedness secured by that certain mortgage dated May 23, 2008, executed by Keith L. Brown, an unmarried man, to Mortgage Electronic Registration Systems, Inc. solely as nominee for Synovus Mortgage Corp., which mortgage was recorded on June 6, 2008, in DML Book 2134, Page 74, of the mortgage records in the Office of the Judge of Probate of Walker County, Alabama, which mortgage was, duly transferred and assigned to JPMorgan Chase Bank, National Association, notice is hereby given that pursuant to law and the power of sale contained in said mortgage, the undersigned will sell at public outcry, to the highest bidder for cash, in front of the Main entrance to the Walker County Courthouse at Jasper, Alabama, during the legal hours of sale on May 16, 2017, the following described real estate, situated in Walker County, Alabama, to-wit:
A lot from a triangular tract of land lying in the NE corner of the NW 1/4 of the SE 1/4 of Section 8, Township 14 South, Range 7 West, in the City of Jasper, Alabama, Walker County, Alabama, more particularly described as follows: Commence at the intersection of the South side of 10th Street and the West side of 14th Avenue and run South 02 degrees 24 minutes East 220.0 feet to the point of beginning; thence South 86 degrees 57 minutes West 255.00 feet, to the East right of way of the North Alabama Railroad; thence South 38 degrees 41 minutes East along said East right of way of the North Alabama Railroad 87.27 feet to a point; thence South 59 degrees 42 minutes East 11 feet to a point; thence North 86 degrees 57 minutes East 195 feet; thence North 02 degrees 24 minutes West 75 feet to the point of beginning. Surface only.
This sale is made for the purpose of paying the indebtedness secured by said mortgage as well as expenses of foreclosure. 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 condition, title, use and/or enjoyment and will be sold subject to the right of redemption of all parties entitled thereto.
Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.
JPMorgan Chase Bank,
National Association
Transferee
Robert J. Wermuth/mgw
Stephens Millirons, P.C.
P.O. Box 307
Huntsville, Alabama 35804
Attorney for Mortgagee
Daily Mountain Eagle
*March 24, 31, April 7, 2017



NOTICE OF
PUBLIC HEARING
The Jasper Civil Service Board will meet in the Council Chambers located on 2nd Floor in the Jasper City Hall Building on May 3, 2017 at approximately 9:30 a.m. to consider the following “Proposed Rule Change”:
When preparing eligibility registers, honorable discharged Veterans and current employee of the City of Jasper in good standing will have (5) points added to their test score (CBS Rules-Committee Comment)
The CSB Rules Committee recognizes the sacrifices of United States Veterans, and the desire to hire from within whenever possible. The Committee acknowledges that these sacrifices by the Veterans include the passing up of opportunities in the private sector in order to serve. Therefore, it is desirable to add (5) points to their test score.
The Committee also acknowledges that it is, whenever possible, good policy to promote from within and the employees in good standing should be given credit for their having been good employees when seeking higher employment with the city.
*March 24, 2017



ORDINANCE NO. 2017-08
BE IT ORDAINED by the City Council of the City of Jasper, Alabama, that a 3-way stop be installed at the intersection of 8th Avenue and 16th Street.
ADOPTED this the 21st day of March, 2017.
CITY COUNCIL OF THE
CITY OF JASPER, ALABAMA
*March 24, 2017



ORDINANCE NO. 2017-09
BE IT ORDAINED by the City Council of the City of Jasper, Alabama, that a 4-way stop be installed at the intersection of 7th Avenue and 7th Street.
ADOPTED this the 21st day of March, 2017.
CITY COUNCIL OF THE
CITY OF JASPER, ALABAMA
*March 24, 2017



ORDINANCE NO. 2017-10
BE IT ORDAINED by the City Council of the City of Jasper, Alabama, that the speed limit changes along SR 118 and SR 69 are as follows:
SR 118 MP 54.47-55.46 will change from 45 MPH to 55 MPH.
SR 118 MP 55.61 to SR 69 MP 203.29 will change from 45 MPH to 55 MPH.
SR 69 MP 203.29 to MP 203.92 will become a 50 MPH zone.
The section of SR 69/SR 5 through town from 9th Avenue to east of Cordova Cut Off Road will remain 45 MPH (unchanged at this time).
ADOPTED this the 21st day of March, 2017.
CITY COUNCIL OF THE
CITY OF JASPER, ALABAMA
*March 24, 2017



STATE OF ALABAMA
COUNTY OF WALKER
NOTICE is hereby given that a bill substantially as follows will be introduced in the 2017 Regular Session of the Legislature of Alabama and application for its passage and enactment will be made:

A BILL
TO BE ENTITLED
AN ACT
Relating to Walker County; to authorize the county commission to levy an additional sales and use tax in the county; to provide for the collection, distribution, and use of the proceeds of the tax; to provide for the enforcement of the act; to repeal a certain issuance fee on motor vehicles and boat registrations; and to provide that this act shall be effective only upon approval at a referendum.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall only apply in Walker County and is enacted pursuant to the request of the Walker County Commission.
Section 2. As used in this act, state sales and use tax means the tax imposed by the state sales and use tax statutes, including, but not limited to, Sections 40-23-1, 40-23-2, 40-23-3, 40-23-4, 40-23-60, 40-23-61, 40-23-62, and 40-23-63 of the Code of Alabama 1975.
Section 3. Subject to the approval of the majority of the electors voting in a referendum held for such purposes, the Walker County Commission may levy up to a one percent sales and use tax in the county against gross sales, use, storage, or other consumption subject to the state sales or use taxes levied by Section 40-23-2(1), Section 40-23-2(2), and Section 40-23-61(a). The gross proceeds of all sales and use of products or services which are presently exempt under the state sales and use tax statutes are exempt from the tax authorized by this act.
Section 4. The tax authorized to be levied by this act shall be collected by the county commission at the same time and in the same manner other sales and use taxes levied by the state. On or prior to the date the tax is due, each person subject to the tax shall file with the county a report in the form prescribed by the county. The report shall set forth, with respect to all sales and business transactions that are required to be used as a measure of the tax levied, a correct statement of the gross proceeds of all the sales and gross receipts of all business transactions. The report shall also include items of information pertinent to the tax as the county may require.
Section 5. Each person engaging or continuing in a business subject to any tax levied pursuant to the authority of this act shall add to the sales price or admission fee and collect from the purchaser or the person paying the admission fee the amount due by the taxpayer because of the sale or admission. It shall be unlawful for any person subject to the tax to fail or refuse to add to the sale price or admission fee and to collect from the purchaser or person paying the admission fee the amount required to be added to the sale or admission price. It shall be unlawful for any person subject to the tax authorized to be levied by this act to refund or offer to refund all or any part of the amount collected or to absorb or advertise directly or indirectly the absorption or refund of any portion of the tax.
Section 6. The tax authorized to be levied by this act shall constitute a debt due Walker County. The tax, together with any interest and penalties, shall constitute and be secured by a lien upon the property of any person from whom the tax is due or who is required to collect the tax. The county shall collect the tax, enforce this act, and have and exercise all rights and remedies that the state or county has for collection of the state or any county sales and use tax. The county may employ special counsel as is necessary to enforce collection of the tax levied by this act and to enforce this act. The county shall pay special counsel any fees it deems necessary and proper from the proceeds of the tax collected by it for Walker County.
Section 7. All provisions of the state sales and use tax statutes with respect to the payment, assessment, and collection of the state sales and use tax, making of reports, keeping and preserving records, penalties for failure to pay the tax, promulgating rules with respect to the state sales and use tax, and the administration and enforcement of the state sales and use tax statutes which are not inconsistent with this act shall apply to the tax authorized under this act. The Walker County Commission shall have and exercise the same powers, duties, and obligations with respect to the tax levied under this act that are imposed by the state sales and use tax statutes. All provisions of the state sales and use tax statutes that are made applicable by this act to the tax levied under this act, and to the administration and enforcement of this act, are incorporated by reference and made a part of this act as if fully set forth herein.
Section 8. All amounts collected under this act as the tax is received by the county shall be paid into the county general fund to be used as provided in Section 9.
Section 9. The net proceeds from the collection of the tax shall be used as follows:
(1) The amount needed each year in order to make payments to payoff the general obligation warrants outstanding and Public Buildings, Bridge, and Road Tax debts outstanding for up to the next 15 years or until final repayment.
(2) An amount of five hundred thousand dollars ($500,000) each year for public safety purposes as determined by the county commission, including, but not limited to, security of the courthouse, law enforcement, and other public safety purposes.
(3) An amount of two hundred thousand dollars ($200,000) shall be distributed each year by the Walker County Commission to be divided equally to each certified volunteer fire department and certified volunteer rescue squad in the county.
(4) An amount of one hundred thousand dollars ($100,000) shall be allocated each year for the promotion of economic development in the county as determined by the county commission.
(5) After the allocations provided above, the remainder of the net proceeds shall be distributed as follows:
a. Ten percent of the remaining net proceeds shall be distributed to the active municipalities in the county based on the proportional population of each municipality to the total population of the active municipalities to be used for roads, bridges, and infrastructure in the municipalities.
b. The remainder of the net proceeds shall be distributed to the Walker County General Fund to be used for roads, bridges, and infrastructure in the county.
Section 10. The issuance fee in the amount of ten dollars ($10) for the issuance of each motor vehicle and boat registration pursuant to Act 97-903 is repealed.
Section 11. Sections 1 through 10 of this act shall become operative only if approved by a majority of the qualified electors of Walker County who vote in an election to be held on a date set by the Walker County Commission within one year of the effective date of this act. The notice of the election shall be given by the judge of probate and the election shall be held, conducted, and the results canvassed in the manner as other county elections. The question shall be as follows:
"Do you favor authorizing the Walker County Commission to levy a one cent sales and use tax and providing for the use of the funds as provided in Act ___ of the 2017 Regular Session?
"Yes ( ) No ( )."
The county shall pay any costs and expenses not otherwise reimbursed by a governmental agency which are incidental to the election. If a majority of the votes cast in the election are "Yes," Sections 1 through 10 shall become operative immediately. If the majority of the votes are "No," this act shall be repealed and shall have no further effect. The judge of probate shall certify the results of the election to the Secretary of State.
Section 12. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.
*March 10, 17, 24, 31, 2017



STATE OF ALABAMA
TOWN OF PARRISH

LEGAL NOTICE
NOTICE OF COMPLETION OF
PUBLIC WORKS PROJECT
(OVER $50,000)
Pursuant to Ala. Code 39-1-1 (1975), notice is hereby given that Double Diamond Construction Company, Inc., has completed its contract for the Lagoon Chlorination & Dechlorination System & Placement of Aerator, with the Water Works and Sewer Board of the Town of Parrish, Alabama. This notice will be published for a period of four (4) successive weeks beginning on March 3, 2017 and ending on March 24, 2017. A final settlement will not be made upon the contract until the expiration of the thirty (30) days after the completion notice. Any person or firm having claims on said project for materials or labor should contact Hethcoat & Davis, Mr. Reg Harris, 300 Vestavia Parkway, Suite 2300, Birmingham, Alabama 35216 in the time and manner as required by law.
*March 3, 10, 17, 24, 2017