SPECIAL NOTICE

HISTORIC PRESERVATION COMMISSION

PUBLIC HEARING

At the regularly scheduled meeting of the Historic Preservation Commission of the City of Montgomery on Tuesday, September 8, 2020, at 5:30 p.m., in the Council Auditorium, City Hall, 103 North Perry Street, the HPC will convene to discuss preservation planning activities.  

All property owners interested in the above items are urged to attend this hearing and express themselves concerning the same.  For additional information concerning these items call 625-2722, Land Use Division.

HISTORIC PRESERVATION COMMISSION

Thomas M. Tyson, Executive Secretary

(Mont. Ind. August 27, 2020)

MORTGAGE FORECLOSURE SALE 

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Jeffrey Sorenson and Tiffany Sorenson, husband and wife, originally in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Flagship Mortgage Company, LLC, on the 23rd day of June, 2003, said mortgage recorded in the Office of the Judge of Probate of Montgomery County, Alabama, in RLPY 2694 Page 0534; the undersigned Nationstar Mortgage LLC d/b/a Mr. Cooper, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Montgomery, Montgomery County, Alabama, on August 24, 2020, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Montgomery County, Alabama, to-wit:

Lot 7, in Block No. 3, according to the Plat of Davis Re-Subdivision of Lots Nos. 37 to 44, Inc. 93 to 108, Inc. 117 to 128, Inc. Dalraida, as the same is recorded in the Office of the Judge of Probate of Montgomery County, Alabama, in Plat Book 7, at Page 31.

Property street address for informational purposes:  4058 Hickory Drive, Montgomery, AL  36109

THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, 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 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 said mortgage, as well as the expenses of foreclosure.

The successful bidder must tender a non-refundable deposit of Five Thousand Dollars ($5,000.00) in certified funds made payable to Tiffany & Bosco, P.A. at the time and place of the sale. The balance of the purchase price must be paid in certified funds by noon the next business day at the Law Office of Tiffany & Bosco, P.A. at the address indicated below. Tiffany & Bosco, P.A. reserves the right to award the bid to the next highest bidder should the highest bidder fail to timely tender the total amount due.

The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit its purchase price against the expenses of sale and the indebtedness secured by the real estate.

This sale is subject to postponement or cancellation.

Nationstar Mortgage LLC d/b/a Mr. Cooper, Mortgagee/Transferee

The above mortgage foreclosure sale has been postponed until 10/05/2020 during the legal hours of sale in front of the main entrance of the courthouse in the City of Montgomery, Montgomery County, Alabama.

Elizabeth Loefgren

TIFFANY & BOSCO, P.A.

2311 Highland Avenue South

Suite 330

Birmingham, AL  35205

Attorney for Mortgagee/Transferee

454876

(Mont. Ind., August 27, 2020)

IN THE PROBATE COURT OF MONTGOMERY COUNTY, 

ALABAMA

CASE NO. 20-00440

IN THE MATTER OF THE ESTATE OF:

RUBY FORBUS DEAN, 

DECEASED.

LEGAL NOTICE

You will take notice that on the 27th day of July, 2020, Deborah D. Young, Petitioner(s) filed in this Court a Petition for Summary Distribution of the Estate of Ruby Forbus Dean, Deceased, and the Court having considered the same, it is, therefore; 

ORDERED, ADJUDGED and DECREED by this Court that the 3rd day of September, 2020 at 2:15 p.m. be hereby set to hear said Petition.

DONE this the 12th day of August, 2020.

J C LOVE, III

PROBATE JUDGE

(Mont. Ind., August 27, 2020)

IN THE PROBATE COURT OF MONTGOMERY COUNTY, 

ALABAMA

CASE NO. 20-442

IN THE MATTER OF THE ESTATE OF:

CRYSTAL JOHNSON, 

DECEASED.

LEGAL NOTICE

You will take notice that on the 23rd day of July, 2020, Patricia Ann Broaden and Willie Fred Johnson, Petitioner(s) filed in this Court a Petition for Summary Distribution of the Estate of Crystal Johnson, Deceased, and the Court having considered the same, it is, therefore; 

ORDERED, ADJUDGED and DECREED by this Court that the 1st day of October, 2020 at 10:30 a.m. be hereby set to hear said Petition.

DONE this the 13th day of August, 2020.

J C LOVE, III

PROBATE JUDGE

(Mont. Ind., August 27, 2020)

RESOLUTION NO. 135-2020

A RESOLUTION SETTING PUBLIC HEARING REGARDING THE PROPOSED ADOPTION OF THE INTERNATIONAL FIRE CODE AND  2018 EDITION, ALONG WITH THEIR REFERENCED PUBLICATIONS, WITH EXCEPTIONS AND AMENDMENTS.

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTGOMERY, ALABAMA, as follows:

Section 13.111 That the Council of the City of Montgomery, Alabama proposes to consider the adoption of the  International Fire Code, 2018 edition, together with all of the referenced books that are published and used in association therewith, hereinafter referred to collectively as “the Code,” except such portions as are hereinafter deleted, modified, amended, or supplemented as the official fire code of the City of Montgomery, Alabama, pursuant to the provision of the Code of Alabama, 1975 Section 11-45-8, and will hold a public hearing thereon at the meeting of the City Council to be held in the Council Chambers, City Hall, Montgomery, Alabama, on the 15th day of                September, 2020, at 5:00 p.m., at which time all interested persons are invited to attend and express themselves upon this subject.

ARTICLE III. - FIRE PREVENTION STANDARDS 

Sec. 13-111

Section II: That Ordinance No. -2018 and all subsequent amendments there to be and is hereby repealed.

That the following exceptions and amendments are hereby adopted and made in the Code referred to in section 13.111 above:

•That Appendix B, C, D, E, F, G, H, I, J, K and M, N of International Fire Code, 2018 edition, be adopted.

•Fire Apparatus Turnarounds 

         International Fire Code, 2018 edition, shall be amended as follows: Section D107.1

        One- or two-family dwelling residential developments.  Developments of one- or two-

        Family dwellings where the number of dwelling units exceed 30 shall be provided with a

        Fire apparatus turnaround with at least 150 feet diameter and approved fire apparatus access 

        Road in compliance with Montgomery Fire/Rescue.

•Subsection (A) 102.4 Application of the Building Code.  The provision of the International Building Code as adopted by the City Council and enforced by the City of Montgomery Building Department shall apply to matters of the design and construction of new structures, and any alterations, additions, changes in use or changes in the structures required by this code, which are within the scope of the International Building Code, 2018 edition, shall be made in accordance therewith.

•Amend the International Building Code, 2018 edition, Chapter 9, section 901.3 as follows: 901.3 Modifications. Persons shall not remove or modify any fire protection system installed or maintained under the provisions of this code or the International Fire Code without approval by both the Building Official and the Fire Code Official.

•The International Building Code (IBC), 2018 edition, at no time shall supersede the International Fire Code (IFC), 2018 edition, without the approval of the Montgomery Fire/Rescue Fire Chief.

•(Assemblies) That Assembly Group A-2 of the International Fire Code, 2018 edition, shall be amended to add Rental halls to the Group A-2 occupancy listed in Chapter 9, section 903.2.1.2.  

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F 1. (Definitions) Assembly Group A-2. Group A-2 occupancy includes assembly uses intended for food and/or drink consumption including, but not limited to:

•Banquet halls/ Rental halls/ Event Centers

•Casinos (gaming areas)

•Night clubs

•Restaurants, cafeterias and similar dining facilities

(Including associated commercial kitchens)

•Taverns and bars

•Any facility meeting requirements of 2018 IFC Group A-2 occupancy conducting business after the Bureau of Inspections scheduled work hours is considered an after-hours entertainment venue and shall be required to provide documentation showing a Life Safety Inspection was conducted by the Montgomery Fire/Rescue Bureau of Inspections within Ninety (90) days prior to renewing their business license. The Assembly shall provide a copy of said year inspection before the business license is renewed. Failure to comply may result in loss of business licenses and shall appear before the City Council for the reinstatement of license. 

•(Fire Protection Systems) If any occupancy allowing any required life safety fire protection equipment to be disabled, per 2018 International Fire Code, Chapter 9, section 901.5.1, it shall be unlawful to occupy any portion of the building or structure until the required fire detection, alarm, and suppression systems have been tested and approved.

H 1. Any occupancy found with disabled fire protection equipment shall have their occupant load reduced to zero (0), excluding maintenance personnel.  If occupancy is found with disabled fire protection equipment, occupant must receive approval of fire protection systems from Montgomery Fire/Rescue Bureau of Inspections at which time the occupant load shall be reinstated.

That Ordinance No. 167-2018 and all subsequent amendments there to be and is hereby repealed.

Sec. 11-145. - Fees and procedures for annual certifications for contractors and businesses; inspections and other services performed by the city fire/rescue department.

•Amendment to Ordinance 7-2006 section 6.4

(Approved Occupant Load) The International Fire Code, 2018 edition, Chapter 1, section 108.6 states that overcrowding or admittance of any person beyond the approved capacity of a building or a portion thereof shall not be allowed. The fire code official upon finding any overcrowding conditions or obstructions in aisles, passageways or other means of egress; or upon finding any condition that constitutes a life safety hazard shall be authorized to cause the event to be stopped until such condition or obstruction is corrected.

Due process 

•I 1. The owner/occupant of any building that exceeds the approved occupant load allowed by Montgomery Fire/Rescue Bureau of Inspections shall be assessed an administrative fee based on the number of people found over the occupant load. This administrative fee will be determined by the percentage over the established occupant load which will define the rate charged per person over the occupant load (see Table A). The City of Montgomery ordinance #7-2006 section 6-4. - Overcrowding of business establishments requires the owner to close for 16 hours. After the 16 hours, the business may reopen for their normal business hours.  The administrative fee shall be paid to Montgomery Fire/Rescue at 19 Madison Avenue. The business license shall not be approved for the annual renewal until all debts with the City of Montgomery are satisfied through the Fire Marshal's Office. 

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Table A.  

Percentage Over Occupant Load

Dollar Amount Per Person

1% to 25 %

$ 25

26 % to 50 %

$ 50

51% to 75 %

$ 75

76% to 100 %

$ 100

The owner/occupant shall attend the next scheduled council meeting following the date of violating the International Fire Code, 2018 edition, Chapter 1, section 108.6 to defend their action before the City of Montgomery Council members and to determine if the business license should be denied and/or revoked due to failure to provide a safe environment for the citizens of Montgomery, AL.

Failure of the business owner in violation of this ordinance to appear before the next scheduled City of Montgomery Council Meeting shall lose the right to operate a business inside the City of Montgomery. The business license shall be revoked until the business owner has appeared before the Council members at the next scheduled City of Montgomery Council Meeting.  

(4) Any Administrative Fee incurred as a result of a business exceeding approved occupancy must be paid in full within ninety-days (90) from the day the City of Montgomery council members find that a business has exceeded the approved occupancy load set by the Montgomery Fire/Rescue Bureau of Inspections.

If the assessed Administrative Fees are not paid within the set ninety-days (90), the business owner shall be brought before the City Counsel for a recommendation for suspension or revocation of the business license.  If the business owner does not pay the Administrative Fees, the Administrative Fees will be assessed as a lean on the address of the building involved.  The Administrative Fees will remain assigned to the business address as long as the current or future business owners apply for a business license to operate at the designated address as a lounge, bar or restaurant.

           I 2. The Fire Marshal may require the property owner to attend Municipal Court to defend           

           Their actions.  

ARTICLE IV. - FIRE ALARMS

Sec. 11-145 amended as follows: J-N

• (Fire Protection Systems) That Chapter 9, section 905 (Standpipe Systems) of the International Fire Code, 2018 edition, shall be amended to add the following to the end of the existing section:  901.6.1 “Only certified sprinkler contractors recognized and permitted annually by the Montgomery Fire/Rescue Bureau of Inspections office shall perform new installations, modifications, repairs, inspections, maintenance and testing of standpipes. 

•(Fire Protection Systems) That Chapter 9, section 903 (Automatic Sprinkler System) of the International Fire Code, 2018 edition, shall be amended to add the following to the end of the existing section: 901.6.1  “Only certified sprinkler contractors recognized and permitted annually by the Montgomery Fire/Rescue Bureau of Inspections office, as a NICET III, shall perform new installations and modifications. At least NICET level II contractors (technicians) shall be required to conduct repairs, inspections, maintenance, and testing of fire sprinkler systems.”

3-6

•(Fire Protection Systems) That Chapter 9, section 907 (Fire Alarm and Detection System) of the International Fire Code, 2018 edition, shall be amended to add the following to the end of the existing section: 901.6.1 “Only certified fire alarm contractors recognized and permitted annually by the Montgomery Fire/Rescue Bureau of Inspections office shall perform new installations, modifications, repairs, inspections, maintenance, and testing of fire alarm systems.”

•(Fire Protection Systems) That Chapter 5, section 507.2.1 (Fire Protection Water Supply) of the International Fire Code, 2018 edition, shall be amended to add the following to the 

End of the existing section: 901.6.1 only contractors certified by the State of Alabama and permitted annually by the Montgomery Fire/Rescue Bureau of Inspections office, shall perform new installations, modifications, and repairs of private fire service mains.”

M 1.  Private Fire Service Mains: Plans shall be submitted in compliance with NFPA 24

             Standard for the Installation of Private Fire Service Mains and Their Appurtenances, 

             2016 Edition before the installation of a private fire service main is started. 

             Plans shall be submitted to the Montgomery Fire/Rescue Bureau of Inspections   

             Office.   

•(Fire Protection Systems) That Chapter 9, section 904.1.1 (Alternative Automatic Fire-Extinguishing System) of the International Fire Code, 2018 edition, shall be amended to add the following to the end of the existing section: 901.6.1  “Only certified fire suppression contractors recognized and permitted annually by the Montgomery Fire/Rescue Bureau of Inspections office shall perform new installations, modifications, repairs, inspections, maintenance, and testing of fire extinguishing systems in the City of 

Montgomery, Alabama.

•(Fire Protection Systems) That Chapter 9, section 901.5 (Installation, Acceptance Testing) of the International Fire Code, 2018 edition, shall be amended to add the following to the end of existing section: 901.5 “All fire protection systems and private fire main contractors shall be certified and permitted annually by the Montgomery Fire/Rescue Bureau of Inspections office”. 

O 1. Anyone working on life safety fire equipment without proper license, certification from the Montgomery Fire/Rescue Bureau of Inspections issued permit shall be given a one hundred dollar ($100.00) fee each day unpermitted work is conducted. The fee will be due and satisfied before certification of the life safety fire equipment is approved. No further permits or licenses will be considered/approved until all debts with the City of Montgomery are satisfied.

          ARTICLE V. - FIRE ALARMS

Sec. 11-144 (Enforcement of Article Provisions) amended as follows: 

Revision to Ordinance No. 21-2001, Section 9, Enforcement, Paragraph (D).

The International Fire Code, 2018 edition, shall be amended to add the following to the end of Chapter 9, section 907.8.1:

•The Montgomery Fire/Rescue Bureau of Inspections office will have the responsibility to notify the property owner or manager of said property with a written notice of the fire alarm system having three (3) SYSTEM MALFUCTIONS within a 12 month timespan.

•A fee of one hundred dollars ($100.00) will be assessed each time after the third system malfunction of the fire alarm system at the same location within a 12 month timespan, not to exceed five hundred dollars ($500.00) in total fees.

4-6

•Property owners failing to comply after exhausting five hundred dollars ($500.00) in administrative fees may be required to appear before the City of Montgomery Council members to defend their actions for possible business license denial and/or revocation.   

  

• (Day Care Occupancies) That Chapter 10, section 1004.2 of the International Fire Code, 2012 edition, shall be amended to add the following to the end of the existing section: “Group I-4 shall comply with IFC 2018 edition requirements and shall comply with NFPA 101 Life Safety Code, 2012 edition, Chapter 16, Tabling A. 16.1.1 Staffing (Staff to Client Ratio) shown below.” ** Department of Human Resources (DHR) does not monitor church-exempt day cares**

Table A.16.1.1 STAFFING  

                                                    

Staff-to-Client Ratio                          Age (Months)

          

                                 1:3                                                       0-24

                            1:4                                                     25-36

                            1:7                                                     37-60

                            1:10                                                   61-96

                            1:12                                                    > -97

                            1:3                                            Clients incapable of 

Self –preservation

• That the legal occupancy of any existing building on date of this adoption of the 

International Fire Code, 2018 edition, shall remain in compliance with the existing fire code.

• Fire protection Systems Chapter 9 Section 907.5 (Occupant Notification Systems) A fire alarm system shall annunciate at the fire alarm control unit and shall initiate notification upon activation, in accordance with occupant notification upon activation, in accordance with Sections 907.5.1. Through 907.5.2.3.3. Where a fire alarm system is required by another section of this code, it shall be activated by:

1. Automatic Fire Detectors.

2. Automatic Fire sprinkler system water flow devices.

3. Manual fire alarm boxes.

4. Automatic fire-extinguishing systems.

(Amend the following to 907.5)

All Fire Alarm Systems shall have one occupant notification device installed unless otherwise deemed necessary by the code official. 

•Residential Group R-3 (One- and Two-Family Dwellings) shall hereby be excluded from the 2018 International Fire Code requirements of Montgomery Fire/Rescue Bureau of Inspection.

•Sec. 13-8. - Fireworks amended as follows:

a) It shall be unlawful for any person to possess, store, offer for sale, sell at retail, or use or explode any fireworks. 

(b) Notwithstanding the provisions of subsection (a) of this section, any public or private fireworks display review shall be to determine: 

5-6

(1) All provisions of NFPA 1123 2018 edition and the 2018 International Fire Code are met; and

(2) Proof is shown to the fire official that the display being conducted is done by a competent operator who has been approved by the fire official and that the display is of such character and so located, discharged or fired so as not to be hazardous to property or endanger any person. 

(c) A fee shall be assessed at the time of application for the fireworks display review as set forth in the schedule of fees for the Montgomery Fire/Rescue. A copy of the fee schedule is available from the office of the city clerk or on the website for the city at the Montgomery Fire/Rescue Department Bureau of Inspections page.

          Section IV.  Three (3) copies of said proposed Fire Code, 2018 edition, shall be filed in           the office of the City Clerk on or before August 18, 2020.

Section V.   That the City Clerk of the City of Montgomery be and is hereby authorized, empowered, and directed to cause fifteen day notice be given of the time, place, and purpose of the public hearing provided for in Section I above, by publication of this resolution once a week for two successive weeks in the Montgomery Advertiser, a newspaper of general circulation in the City of Montgomery, the first of which publications shall be made on or before the 1st day of September, 2020.  The City Clerk is further directed to cause her certificate to be attached to the record of this resolution, stating the time and manner in which publication of this resolution was affected. 

STATE OF ALABAMA)

COUNTY OF MONTGOMERY)

CITY OF MONTGOMERY)

 I, Brenda Gale Blalock, City Clerk of the City of Montgomery, Alabama, DO HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution which was duly adopted by the Council of the City of Montgomery, Alabama, at its regular meeting held the 18th day of August, 2020.

 GIVEN under my hand and the official seal of the City of Montgomery, Alabama, this the 19th day of August, 2020.

 /S/

BRENDA GALE BLALOCK, CITY CLERK

/S/

STEVEN L. REED, MAYOR

(Mont. Ind. August 27, 2020)

ORDINANCE NO. 27-2020

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MONTGOMERY, ALABAMA as follows:

SECTION 1.  That Ordinance No. 30-2004 be repealed in its entirety.

SECTION 2.  This ordinance shall take effect upon its passage, approval and publication, or as otherwise provided by law.

ADOPTED this 18th day of August, 2020.

 /S/BRENDA GALE BLALOCK, CITY CLERK

APPROVED: 08/20/20

/S/

STEVEN L. REED, MAYOR

(Mont. Ind., August 27, 2020)

ORDINANCE NO. 28-2020

AN ORDINANCE AMNEDING CHAPTER 14, ARTICLE IV, SECTION 14-143 OF THE   

                       CODE OF ORDIANCES OF THE CITY OF MONTGOMERY

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MONTGOMERY,

ALABAMA, that Chapter14, ARTICLE IV, SECTION 14-143 OF THE CODE OF 

ORDIANCES OF THE CITY OF MONTGOMERY be amended to read as follows:

Section 14-143. Permit and reporting required for Storage of Hazardous Materials  

• Permit Required.  It shall  be unlawful for any person, business or organization to store any hazardous chemicals any of the following hazardous materials (IFC 2018 105.6) at any location within the City of Montgomery without first obtaining a permit issued by Montgomery Fire/Rescue and following all requirements contained in the hazardous materials storage permit.

•Reporting required. Any person, business or organization permitted by the City of Montgomery to store any hazardous chemicals shall be required to submit a report to Montgomery Fire/Rescue annually to help plan for and respond to chemical emergencies. TierII reports are forms that organizations and businesses in the United States with hazardous chemicals above certain quantities are required to fill out by the EPA. This form is mandated by section 312 of SARA Title III.      

•  Fee. A fee shall be assessed at the time of application for the Hazardous Materials Storage Permit. A copy of the fee schedule is available from the city clerk or on the website for the City of Montgomery at the Montgomery Fire/Rescue Division of Inspections page.

             (d)  Enforcement.  Any person to be in violation to of this ordinance shall be punished by a fine not to exceed $500.00 or by imprisonment for up to six (6) months, or by both such fine and imprisonment.

         

Adopted this day the 18th day of August, 2020.

       

 /S/

STEVEN L. REED, MAYOR

ATTEST:

/S/

BRENDA GALE BLALOCK, CITY CLERK

(Table Below)

(Mont. Ind., August 27, 2020)

ORDINANCE NO. 29-2020

AN ORDINANCE AMENDING CHAPTER 13, ARTICLE I, SECTION 13-8 OF THE CODE OF ORDINANCES OF THE CITY OF MONTGOMERY

SECTION 1.BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MONTGOMERY, ALABAMA, that Chapter 13, ARTICLE I, SECTION 13-8 OF THE CODE OF ORDINANCES OF THE CITY OF MONTGOMERY be amended to read as follow:

Sec. 13-8. – Fireworks

•It shall be unlawful for any person to possess, store, offer for sale, sell at retail, or use or explode any fireworks.

•Notwithstanding the provisions of subsection (a) of this section, any public or private fireworks display review shall be to determine: 

•All provisions of NFPA 1123 2018 edition and the 2018 International Fire Code are met; and

•Proof is shown to the fire official that the display being conducted is done by a competent operator who has been approved by the fire official and that the display is of such character and so located, discharged or fired so as not to be hazardous to property or endanger any person.

•A fee shall be assessed at the time of application for the fireworks display review as set forth in the schedule of fees for the Montgomery Fire/Rescue. A copy of the fee schedule is available from the office of the city clerk or on the website for the city at the Montgomery Fire/Rescue Department Bureau of Inspections page.

SECTION II.This ordinance shall become effective upon passage, approval and publication or 

as otherwise provided by law.

               ADOPTED this the 18th day of August, 2020.

                                                                  

 /S/

STEVEN L. REED, MAYOR

ATTEST:

/S/

BRENDA GALE BLALOCK, CITY CLERK

(Mont. Ind., August 27, 2020)

 ORDINANCE NO.  30-2020

ORDINANCE AMENDING CHAPTER 6, ARTICLE I, SECTION 6-4 OF THE CODE OF ORDINANCES OF THE CITY OF MONTGOMERY OVERCROWDINGOF RETAIL BUSINESS ESTABLISHMENTS      

        SECTION 1. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MONTGOMERY, ALABAMA, that the Code of Ordinances of the City of Montgomery, Chapter 6, Article I, Section 6-4. Overcrowding of Retail Business Establishments be hereby amended to read as follows:

       Section 6-4 Overcrowding of Retail Business Establishments.

•Findings by the city council. The city council (herein called "council") of the City of Montgomery, Alabama (herein called "city"), in the State of Alabama, does hereby find and declare that there is a significant risk to the health and safety of the community from the overcrowding of business establishments; that the said overcrowding presents certain fire safety hazards to the patrons of said business establishments. 

•Definitions. 

•Business license means the license granted by the city allowing an entity to operate a business establishment within the city limits.

•City council members are the elected legislative body with the authority to pass municipal ordinances and enforce laws in order to govern the City of Montgomery. 

•Municipal court means the municipal court for the city. 

•Occupancy load means the number of people that are allowed within a business establishment as calculated in accordance with the International Fire Code, 2018 edition, as adopted by the city council and posted within the said structure. 

•Occurrence means an occasion on which a business establishment has or had, within the confines of its structure, a number of people that exceeds the occupancy limits posted by the Montgomery Fire/Rescue Bureau of Inspections. 

•Business establishment shall mean any individual, partnership, corporation, or other entity operating a business or operating a place which is used as a meeting or gathering place, and which is subject to the occupancy set out by the International Fire Code, 2018 edition, as adopted by the city council, for which an occupancy limitation has been calculated and assessed by the fire department pursuant to the said Code. 

•Successor entity means any individual, partnership, or corporate entity, whether a limited liability company, corporation, or other association of owners set up for limited liability purposes, which is a successor entity to the one for which the suspension or revocation was issued or a member, partner, shareholder, or manager of which was a member, partner, shareholder of more than one-third of the outstanding shares, or a manager of the business entity that held the suspended or revoked license. 

(c) Imposition of Penalty for Exceeding Occupancy Limits

(1) First occurrence. No business establishment shall have, within the confines of its structure, a number of people that exceeds the occupancy limits posted by the Montgomery Fire/Rescue Bureau of Inspections. If it is determined that a business establishment has exceeded the maximum occupancy load set by the Montgomery Fire/Rescue Bureau of Inspections on any one occasion, the establishment shall be given an administrative fee based on the number of people found over the occupant load. This administrative fee will be determined by the percentage over the established occupant load which will define the rate charged per person over the occupant load (see Table A).  In addition, the establishment shall shut down for 16-hours. The debts are to be satisfied with the City of Montgomery before the annual renewal of the business license. The administrative fee shall be paid to Montgomery Fire/Rescue at 19 Madison Avenue Fire Department Headquarters. 

Table A.  

        Percentage over Occupant Load        Dollar amount Per Person                   

                     1% to 25 %                                              $ 25 

                     26 % to 50 %                                           $ 50

                     51% to 75 %                                            $ 75

                     76% to 100 %                                          $ 100

(2) Second occurrence.  If an establishment is found to be over the approved occupant load set by the Montgomery Fire/Rescue Bureau of Inspections for a second occurrence less than one year from the previous occurrence, the owner/manager shall be given an administrative fee based on the number of people found over the occupant load. This administrative fee will be determined by the percentage over the established occupant load which will define the rate charged per person over the occupant load. In addition, the business shall shut down for 16-hours. After the 16 hours, the business may reopen for their normal business hours. 

The owner/occupant shall attend the next scheduled council meeting following the date of violating the International Fire Code, 2018 edition, Chapter 1, section 108.6 to defend their action before the City of Montgomery Council members who shall determine if the business license should be suspended or revoked due to failure to provide a safe environment for the citizens of Montgomery, AL.

If the City of Montgomery council members find that a business has exceeded the approved occupancy load set by the Montgomery Fire/Rescue Bureau of Inspections on a second occasion, which is less than one year from the previous occurrence, then the current business license for the said business establishment may be suspended or revoked by the city council members. No business license shall be granted to the business establishment that has been guilty of the said second occurrence within a 12-month period of overcrowding.

Failure of the business owner to appear at the next scheduled City Council Meeting shall result in immediate suspension of the business’s license until the business owner has appeared before the Council.

(3) Third occurrence. If an establishment is found to be over the approved occupant load set by the Montgomery Fire/Rescue Bureau of Inspections for a third occurrence less than one year from the first occurrence, the owner/manager shall be given an administrative fee based on the number of people found over the occupant load. This administrative fee will be determined by the percentage over the established occupant load which will define the rate charged per person over the occupant load. In addition, the business shall shut down until a hearing is held before the City Council.

The owner/occupant shall attend the next scheduled council meeting following the date of violating the International Fire Code, 2018 edition, Chapter 1, section 108.6 to defend their action before the City of Montgomery Council.

If the City of Montgomery council members find that a business has exceeded the approved occupancy load set by the Montgomery Fire/Rescue Bureau of Inspections on a third occasion, which is less than one year from the previous two occurrences, then the current business license for the said business establishment shall be revoked by the city council. No business license shall be granted to the business establishment that has been guilty of the said third occurrence within a 12-month period of overcrowding.

(4) Any Administrative Fee incurred as a result of a business exceeding approved occupancy must be paid in full within ninety-days (90) from the day the City of Montgomery council members find that a business has exceeded the approved occupancy load set by the Montgomery Fire/Rescue Bureau of Inspections.

If the assessed Administrative Fees are not paid within the set ninety-days (90), the business owner shall be brought before the City Counsel for a recommendation for suspension or revocation of the business license.  If the business owner does not pay the Administrative Fees, the Administrative Fees will be assessed as a lien on the address of the building involved.  The Administrative Fees will remain assigned to the business address as long as the current or future business owners apply for a business license to operate at the designated address as a lounge, bar, entertainment or event venue, rental hall or restaurant. 

(d) Enforcement Procedures 

(1) The Montgomery Fire/Rescue Bureau of Investigations and the city police 

department are responsible for the enforcement of the provisions of this section and are duly authorized and empowered to check occupancy levels at business establishments.

(2) On the first occurrence, of the Montgomery Fire/Rescue Bureau of Investigations, finding the establishment exceeded the posted occupancy load, the business establishment shall be automatically shut down for a period of not less than 16-hours.  Owner/Manager shall receive an administrative fee based on the number of people found over the occupant load. This administrative fee will be determined by the percentage over the established occupant load which will define the rate charged per person over the occupant load. Any business that is shut down shall satisfy all debts with the City of Montgomery before renewal of their annual business licenses.

(3) Once the business establishment has been found to be overcrowded for the second or subsequent occurrence. The business establishment shall be automatically shut down for a period of not less than 16 hours.  Owner/Manager shall receive an administrative fee based on the number of people found over the occupant load. This administrative fee will be determined by the percentage over the established occupant load which will define the rate charged per person over the occupant load. A notice shall be posted at or near the front door or main entrance of the business establishment stating that a hearing shall be held before the City Council members. The hearing date and time shall be the next scheduled city council meeting clearly displayed on the notice. The purpose of said hearing is to determine whether the business establishment was in violation of this the City of Montgomery adopted ordinance (27-2017). The notice shall state that all interested parties shall have the opportunity to be heard by the City of Montgomery council members in open session prior to its determination.

(4) If either the Montgomery Fire/Rescue Bureau of Investigations or the city police department, through their personnel, find that a business establishment exceeds the posted occupancy limits on a second occasion, occurring after the 16-hour closure and prior to the scheduled hearing, the business establishment shall be automatically closed or shut down until the hearing scheduled with the City Council members at which time may consider both occupancy limit violations occurrences.

(5) This section shall not bar or limit any prosecution under other criminal ordinances or statutes or the imposition of criminal penalties for the same act, acts, or set of circumstances. Further, this section shall in no way limit the civil liability of any business establishment or entity and shall in no way limit or affect the power and authority of the mayor to otherwise enforce all laws and ordinances. 

Section II.  This ordinance shall become effective upon passage, approval and publication or as otherwise provided by law.

ADOPTED this the 18th day of August, 2020.

                                                                                                                                   /S/                                                          STEVEN L. REED, MAYOR

ATTEST:

/S/

BRENDA GALE BLALOCK, CITY CLERK

(Mont. Ind., August 27, 2020)

ORDINANCE NO. 31-2020

AN ORDINANCE AMENDING CHAPTER 16, ARTICLE III, SECTION 16-101 OF THE CODE OF THE CITY OF MONTGOMERY

WHEREAS, by law, a city council has the authority to revoke a business license if the continued operation of a business would constitute a probable danger to the public health, safety, or welfare of the citizens of the City of Montgomery; and,

WHEREAS, the City Council desires to have the ordinance explicitly state this fact; and

WHEREAS, the language of this section requires updating to ensure compliance with state law:

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MONTGOMERY, ALABAMA, that Chapter 16, Article III, Section 16-101 of the Code of Ordinances for the City of Montgomery, Alabama, be amended as to read as follows:

Sec. 16-101. - Procedure for revocation or suspension of license or refusing to grant a license. 

(a)  Any lawful license issued to any person to conduct any business shall be subject to revocation by the city council

1.If the city council determines continued operation of the business would constitute a probable danger to the public health, safety, or welfare of the citizens of the City of Montgomery; or

2.For the violation by the licensee, his or her agent, servant, or employee of any provision of this article or of any ordinance of the city, or the City Code, or any statute of the state relating to the business for which such license is issued; or

3.If the licensee, his or her agent, servant, or employee under color of such license violates or aids or abets in violating or knowingly permits or suffers to be violated any penal ordinance of the city or any criminal law of the state or the United States; or 

4.If, in connection with the issuance or renewal of any license, the licensee or his or her agent filed or caused to be filed any application, affidavit, statement, certificate, book, or any other data containing any false, deceptive or other misleading information or omission of material fact. 

(b) The conditions hereinabove set forth in this article as grounds for the revocation of a license shall also constitute grounds for refusing to renew a license or to grant a new license. 

(c)  The city council shall set a time for hearing on the matter of revoking or refusing to grant or renew a license; and a notice of such hearing shall be given to the licensee, or the applicant for renewal, as the case may be, at least ten days before the day set for said hearing. At the hearing the city council shall hear all evidence offered by any party and all evidence that may be presented bearing upon the question of revocation or the refusal of renewal, as the case may be. The city council shall render its decision not later than the next regular council meeting. 

ADOPTED this the 18th day of August, 2020.

/S/

STEVEN L. REED, MAYOR

ATTEST:

/S/

BRENDA GALE BLALOCK, CITY CLERK

(Mont. Ind., August 27, 2020)

NOTICE OF SALE 

NOTICE IS HEREBY GIVEN that the undersigned intends to sell the personal property described below to enforce a lien imposed on said property under The Self Service Storage Act. The undersigned will sell at public sale by competitive bidding on Thursday the 17th day of September, 2020 at 10:00 AM on Lockerfox.com. Said property is iStorage Chantilly, 8830 Minnie Brown Road, Montgomery, AL, 36117 Montgomery County. Delvin Lewis 97 South St Hwy 610, Hayneville, Alabama, 36040 Unit 288A. Contents; Books, bookshelves, cd’s, movies and small containers. Franchester Henderson,3356 E Tuskegee Cir, Montgomery, AL, 36108 unit 365; contents: totes, assorted bags, misc. bags, clothing, luggage, tables, and chairs. Purchases must be paid for at the time of purchase by cash only. All purchased items are sold as is, where is, and must be removed within 48 hours of the sale. Sale is subject to cancellation in the event of settlement between owner and obligated party. Dated this 31st Day of August, 2020 and 7th Day of September, 2020.

(Mont. Ind., August 27 & September 3, 2020)

NOTICE OF SALE OF 

ABANDONED VEHICLE

In accordance with Section 32-13-1, Code of Alabama, 1975, notice is hereby given to owners, lienholders and other interested parties that the following abandoned vehicles will be sold at a sealed bid auction to the highest bidder on October 9, 2020 at 7:00 a.m. at LGI Towing – 1119 at 2480 Alabama River Parkway, Montgomery, Al. 36110:

2006 Mercedes-Benz R 

VIN # 4JGCB65E66A007757

2002 Ford F/150 

VIN # 1FTRW07382KC86712

The seller shall have the right to reject any bid that is unreasonably low and may postpone the public auction until another specified time and place. In addition, the seller expressly reserves the right to bid and purchase at the public auction.

(Mont. Ind., August 27 & September 3, 2020)

ADVERTISEMENT FOR BIDS

MONTGOMERY (FT. TAYLOR HARDIN) MOTOR POOL EXPANSION

MONTGOMERY, ALABAMA

Sealed bids will be received by The Armory Commission of Alabama, at the State Military Department Building, 1720 Cong. W.L. Dickinson Drive, (P.O. Box 3711), Montgomery, Alabama, until 2:00 p.m., Central Time, Thursday, September 24, 2020, for Montgomery (Ft. Taylor Hardin) Motor Pool Expansion, Montgomery, AL  (IFB# AC-20-B-0044-S), at which time they will be publicly opened and read in the Second Floor Classroom (Room 201), of the State Military Department, 1720 Cong. W.L. Dickinson Drive, Montgomery, Alabama. 

Certified checks or bid bonds (Power of Attorney is required) payable to The Armory Commission of Alabama in an amount not less than five (5) per cent of the amount of the bid, but in no event more than $10,000.00 per project, must accompany the bidder's proposal. Completed Disclosure Statements are preferred to accompany the proposal.  Performance and Payment bonds will be required at the signing of the contract. 

All entities must be registered to do business in the State of Alabama.  All bidders bidding in amounts exceeding $50,000.00 must be licensed under the provisions of Title 34, Chapter 8, Code of Alabama, 1975. 

Plans and specifications are open to public inspection at the State Military Department, 1720 Cong. W.L. Dickinson Drive, State Property and Disbursing Office, Montgomery, AL  36109. Point of contact:  Eric Holt, kenneth.e.holt2.nfg@mail.mil.

Plans and specifications may be obtained from the Architects, PWBA Architects, Inc., Attn: Anne Nieman, anieman@pwba-architects.com, (334) 244-4990 ext. 229, upon deposit of $300.00 per set, which will be refunded in full upon return of documents in good condition within ten (10) calendar days of the bid date.  Questions should be addressed, in writing, to Anne Nieman at PWBA Architects, Inc., anieman@pwba-architects.com.

Only those bidders who have officially received “Bid Documents” from PWBA Architects, Inc., will be included on the distribution lists as “official plan holders” for Addenda or other project information during the bidding period. Any prospective bidders other than “official plan holders” must notify, in writing, PWBA Architects, Inc., of their intent to bid the project by 2:00 p.m., CT, Thursday, September 17, 2020.

  

A Pre-Bid Conference will be conducted at 9:00 a.m., Thursday, September 10, 2020 at the Ft. Taylor Hardin, 1600 North Eastern Boulevard, Montgomery, AL.  All bidders are strongly encouraged to attend.  Any errors or omissions made as a result of not attending will not be grounds for additional compensation.

MARK A. WEEKS 

State Property and Disbursing Officer 

(Mont. Ind., August 27, September 3 & 10, 2020)

ADVERTISEMENT FOR BIDS

MONTGOMERY (FT TAYLOR HARDIN) LIGHTING UPGRADES

MONTGOMERY, ALABAMA

Sealed bids will be received by The Armory Commission of Alabama, at the State Military Department Building, 1720 Cong. W.L. Dickinson Drive, (P.O. Box 3711), Montgomery, Alabama, until 2:00 p.m., Central Time, Thursday, September 24, 2020, for Montgomery (Ft Taylor Hardin) Lighting Upgrades, Montgomery, AL  (IFB# AC-20-B-0037-S), at which time they will be publicly opened and read in the Second Floor Classroom (Room 201), of the State Military Department, 1720 Cong. W.L. Dickinson Drive, Montgomery, Alabama.

Certified checks or bid bonds (Power of Attorney is required) payable to The Armory Commission of Alabama in an amount not less than five (5) per cent of the amount of the bid, but in no event more than $10,000.00 per project, must accompany the bidder's proposal. Completed Disclosure Statements are preferred to accompany the proposal.  Performance and Payment bonds will be required at the signing of the contract. 

All entities must be registered to do business in the State of Alabama.  All bidders bidding in amounts exceeding $50,000.00 must be licensed under the provisions of Title 34, Chapter 8, Code of Alabama, 1975. 

Plans and specifications are open to public inspection at the State Military Department, 1720 Cong. W.L. Dickinson Drive, State Property and Disbursing Office, Montgomery, AL  36109. Point of contact:  Eric Holt, kenneth.e.holt2.nfg@mail.mil.

Plans and specifications may be obtained from the Architects: Seay, Seay & Litchfield, P.C., Attn:  Casey Ivy at 1115 South Court Street, Montgomery, AL 36104, (334) 263-5162 ext. 119, upon deposit of $300.00 per set, which will be refunded in full upon return of documents in good condition within ten (10) calendar days of the bid date.  Questions should be addressed, in writing, to Casey Ivy at civy@sslarch.com.

Only those bidders who have officially received “Bid Documents” from Seay, Seay & Litchfield, P.C., will be included on the distribution lists as “official plan holders” for Addenda or other project information during the bidding period. Any prospective bidders other than “official plan holders” must notify, in writing, Seay, Seay & Litchfield, P.C., of their intent to bid the project by 2:00 p.m., CT, Thursday, September 17, 2020.

  

A Pre-Bid Conference will be conducted at 11:00 a.m., Thursday, September 10, 2020 at the Fort Taylor Hardin Readiness Center, 1600 North Eastern Boulevard, Montgomery, AL.  All bidders are strongly encouraged to attend.  Any errors or omissions made as a result of not attending will not be grounds for additional compensation.

MARK A. WEEKS 

State Property and Disbursing Officer 

(Mont. Ind., August 27, September 3 & 10, 2020)

NOTICE TO CREDITORS 

OF ESTATE

STATE OF ALABAMA

IN THE PROBATE COURT OF SAID COUNTY

MONTGOMERY COUNTY

Case No. 20-00090

In the Matter of the Estate of JOYCE E. O’CONNOR, Deceased.

Letters Testamentary on the estate of said decedent having been granted to the undersigned on MAY 20, 2020, by the Honorable J C LOVE, III, Probate Judge of said County in said State, notice is hereby given that all persons having claims against said estate are required to present the same within the time allowed by law or the same will be barred.

MARK I. O’CONNOR, Personal Representative of the Estate of JOYCE E. O’CONNOR, Deceased.

(Mont. Ind., August 27, September 3 & 10, 2020)

NOTICE TO CREDITORS 

OF ESTATE

STATE OF ALABAMA

IN THE PROBATE COURT OF SAID COUNTY

MONTGOMERY COUNTY

Case No. 20-00306

In the Matter of the Estate of KIKI G. POLIZOS, Deceased.

Letters Testamentary on the estate of said decedent having been granted to the undersigned on AUGUST 20, 2020, by the Honorable J C LOVE, III, Probate Judge of said County in said State, notice is hereby given that all persons having claims against said estate are required to present the same within the time allowed by law or the same will be barred.

MAGDALENE P CALAMBAKAS, Personal Representative of the Estate of KIKI G. POLIZOS, Deceased.

(Mont. Ind., August 27, September 3 & 10, 2020)

NOTICE TO CREDITORS 

OF ESTATE

STATE OF ALABAMA

IN THE PROBATE COURT OF SAID COUNTY

MONTGOMERY COUNTY

Case No. 20-00456

In the Matter of the Estate of BENJAMIN E. POOL, Deceased.

Letters Testamentary on the estate of said decedent having been granted to the undersigned on AUGUST 19, 2020, by the Honorable J C LOVE, III, Probate Judge of said County in said State, notice is hereby given that all persons having claims against said estate are required to present the same within the time allowed by law or the same will be barred.

KATHERINE ROBBINS POOL, Personal Representative of the Estate of BENJAMIN E. POOL, Deceased.

(Mont. Ind., August 27, September 3 & 10, 2020)

NOTICE TO CREDITORS 

OF ESTATE

STATE OF ALABAMA

IN THE PROBATE COURT OF SAID COUNTY

MONTGOMERY COUNTY

Case No. 20-00439

In the Matter of the Estate of JESSIE M. HUDSON, Deceased.

Letters Testamentary on the estate of said decedent having been granted to the undersigned on AUGUST 14, 2020, by the Honorable J C LOVE, III, Probate Judge of said County in said State, notice is hereby given that all persons having claims against said estate are required to present the same within the time allowed by law or the same will be barred.

ANTHONY H. HUDSON, Personal Representative of the Estate of JESSIE M. HUDSON, Deceased.

(Mont. Ind., August 27, September 3 & 10, 2020)

NOTICE TO CREDITORS 

OF ESTATE

STATE OF ALABAMA

IN THE PROBATE COURT OF SAID COUNTY

MONTGOMERY COUNTY

Case No. 20-00446

In the Matter of the Estate of MARLENE E. HALL, Deceased.

Letters Testamentary on the estate of said decedent having been granted to the undersigned on AUGUST 14, 2020, by the Honorable J C LOVE, III, Probate Judge of said County in said State, notice is hereby given that all persons having claims against said estate are required to present the same within the time allowed by law or the same will be barred.

SARAH ELIZABETH BOOKER, Personal Representative of the Estate of MARLENE E. HALL, Deceased.

(Mont. Ind., August 27, September 3 & 10, 2020)

NOTICE TO CREDITORS 

OF ESTATE

STATE OF ALABAMA

IN THE PROBATE COURT OF SAID COUNTY

MONTGOMERY COUNTY

Case No. 20-00438

In the Matter of the Estate of MAXINE JONES BAKER A/K/A MAXINE BAKER, Deceased.

Letters Testamentary on the estate of said decedent having been granted to the undersigned on AUGUST 13, 2020, by the Honorable J C LOVE, III, Probate Judge of said County in said State, notice is hereby given that all persons having claims against said estate are required to present the same within the time allowed by law or the same will be barred.

MOLLY BAKER MITCHELL, Personal Representative of the Estate of MAXINE JONES BAKER A/K/A MAXINE BAKER, Deceased.

(Mont. Ind., August 27, September 3 & 10, 2020)

NOTICE TO CREDITORS 

OF ESTATE

STATE OF ALABAMA

IN THE PROBATE COURT OF SAID COUNTY

MONTGOMERY COUNTY

Case No. 20-00437

In the Matter of the Estate of JEFFREY PAT VINZANT, Deceased.

Letters Testamentary on the estate of said decedent having been granted to the undersigned on AUGUST 13, 2020, by the Honorable J C LOVE, III, Probate Judge of said County in said State, notice is hereby given that all persons having claims against said estate are required to present the same within the time allowed by law or the same will be barred.

MARGARET ANN JORDAN VINZANT, Personal Representative of the Estate of JEFFREY PAT VINZANT, Deceased.

(Mont. Ind., August 27, September 3 & 10, 2020)

NOTICE TO CREDITORS 

OF ESTATE

STATE OF ALABAMA

IN THE PROBATE COURT OF SAID COUNTY

MONTGOMERY COUNTY

Case No. 20-00451

In the Matter of the Estate of HELEN MIZE, Deceased.

Letters Testamentary on the estate of said decedent having been granted to the undersigned on AUGUST 17, 2020, by the Honorable J C LOVE, III, Probate Judge of said County in said State, notice is hereby given that all persons having claims against said estate are required to present the same within the time allowed by law or the same will be barred.

HEIDI BISHOP, Personal Representative of the Estate of HELEN MIZE, Deceased.

(Mont. Ind., August 27, September 3 & 10, 2020)

NOTICE TO CREDITORS 

OF ESTATE

STATE OF ALABAMA

IN THE PROBATE COURT OF SAID COUNTY

MONTGOMERY COUNTY

Case No. 20-00449

In the Matter of the Estate of MARTHA JANE HAYNES A/K/A MARTHA B. HAYNES, Deceased.

Letters Testamentary on the estate of said decedent having been granted to the undersigned on AUGUST 17, 2020, by the Honorable J C LOVE, III, Probate Judge of said County in said State, notice is hereby given that all persons having claims against said estate are required to present the same within the time allowed by law or the same will be barred.

JAMES TRAVIS MOON, Personal Representative of the Estate of MARTHA JANE HAYNES A/K/A MARTHA B. HAYNES, Deceased.

(Mont. Ind., August 27, September 3 & 10, 2020)

NOTICE TO CREDITORS 

OF ESTATE

STATE OF ALABAMA

IN THE PROBATE COURT OF SAID COUNTY

MONTGOMERY COUNTY

Case No. 20-00450

In the Matter of the Estate of ELIZABETH M. HARRIS, Deceased.

Letters of Administration on the estate of said decedent having been granted to the undersigned on AUGUST 17, 2020, by the Honorable J C LOVE, III, Probate Judge of said County in said State, notice is hereby given that all persons having claims against said estate are required to present the same within the time allowed by law or the same will be barred.

LEO D. ALMOND, JR., Personal Representative of the Estate of ELIZABETH M. HARRIS, Deceased.

(Mont. Ind., August 27, September 3 & 10, 2020)

NOTICE TO CREDITORS 

OF ESTATE

STATE OF ALABAMA

IN THE PROBATE COURT OF SAID COUNTY

MONTGOMERY COUNTY

Case No. 20-00444

In the Matter of the Estate of LETITIA J. GIBBS, Deceased.

Letters of Administration on the estate of said decedent having been granted to the undersigned on AUGUST 17, 2020, by the Honorable J C LOVE, III, Probate Judge of said County in said State, notice is hereby given that all persons having claims against said estate are required to present the same within the time allowed by law or the same will be barred.

FREDERICK L. GIBBS, JR., Personal Representative of the Estate of LETITIA J. GIBBS, Deceased.

(Mont. Ind., August 27, September 3 & 10, 2020)

NOTICE TO CREDITORS 

OF ESTATE

STATE OF ALABAMA

IN THE PROBATE COURT OF SAID COUNTY

MONTGOMERY COUNTY

Case No. 20-00455

In the Matter of the Estate of TRAVIS GERMAINE HENRY, JR., Deceased.

Letters of Administration on the estate of said decedent having been granted to the undersigned on AUGUST 18, 2020, by the Honorable J C LOVE, III, Probate Judge of said County in said State, notice is hereby given that all persons having claims against said estate are required to present the same within the time allowed by law or the same will be barred.

ED PARISH, JR., Personal Representative of the Estate of TRAVIS GERMAINE HENRY, JR., Deceased.

(Mont. Ind., August 27, September 3 & 10, 2020)

NOTICE TO CREDITORS 

OF ESTATE

STATE OF ALABAMA

IN THE PROBATE COURT OF SAID COUNTY

MONTGOMERY COUNTY

Case No. 20-00454

In the Matter of the Estate of VICKIE LANE MCKENZIE, Deceased.

Letters of Administration on the estate of said decedent having been granted to the undersigned on AUGUST 18, 2020, by the Honorable J C LOVE, III, Probate Judge of said County in said State, notice is hereby given that all persons having claims against said estate are required to present the same within the time allowed by law or the same will be barred.

ED PARISH, JR., Personal Representative of the Estate of VICKIE LANE MCKENZIE, Deceased.

(Mont. Ind., August 27, September 3 & 10, 2020)

NOTICE TO CREDITORS 

OF ESTATE

STATE OF ALABAMA

IN THE PROBATE COURT OF SAID COUNTY

MONTGOMERY COUNTY

Case No. 20-00434

In the Matter of the Estate of LINDA D. QUATES, Deceased.

Letters of Administration on the estate of said decedent having been granted to the undersigned on AUGUST 18, 2020, by the Honorable J C LOVE, III, Probate Judge of said County in said State, notice is hereby given that all persons having claims against said estate are required to present the same within the time allowed by law or the same will be barred.

REBECCA HILL, Personal Representative of the Estate of LINDA D. QUATES, Deceased.

(Mont. Ind., August 27, September 3 & 10, 2020)

NOTICE TO CREDITORS 

OF ESTATE

STATE OF ALABAMA

IN THE PROBATE COURT OF SAID COUNTY

MONTGOMERY COUNTY

Case No. 20-00448

In the Matter of the Estate of IGNATIUS GINWRIGHT, Deceased.

Letters of Administration on the estate of said decedent having been granted to the undersigned on AUGUST 14, 2020, by the Honorable J C LOVE, III, Probate Judge of said County in said State, notice is hereby given that all persons having claims against said estate are required to present the same within the time allowed by law or the same will be barred.

EDITH WASHINGTON, Personal Representative of the Estate of IGNATIUS GINWRIGHT, Deceased.

(Mont. Ind., August 27, September 3 & 10, 2020)

NOTICE TO CREDITORS 

OF ESTATE

STATE OF ALABAMA

IN THE PROBATE COURT OF SAID COUNTY

MONTGOMERY COUNTY

Case No. 20-00447

In the Matter of the Estate of SHERMAN WOODS, SR., Deceased.

Letters of Administration on the estate of said decedent having been granted to the undersigned on AUGUST 14, 2020, by the Honorable J C LOVE, III, Probate Judge of said County in said State, notice is hereby given that all persons having claims against said estate are required to present the same within the time allowed by law or the same will be barred.

RALPH WOODS, Personal Representative of the Estate of SHERMAN WOODS, SR., Deceased.

(Mont. Ind., August 27, September 3 & 10, 2020)

NOTICE TO CREDITORS 

OF ESTATE

STATE OF ALABAMA

IN THE PROBATE COURT OF SAID COUNTY

MONTGOMERY COUNTY

Case No. 20-00438

In the Matter of the Estate of JENNIE L. READER, Deceased.

Letters of Administration on the estate of said decedent having been granted to the undersigned on AUGUST 13, 2020, by the Honorable J C LOVE, III, Probate Judge of said County in said State, notice is hereby given that all persons having claims against said estate are required to present the same within the time allowed by law or the same will be barred.

ED PARISH, JR., Personal Representative of the Estate of JENNIE L. READER, Deceased.

(Mont. Ind., August 27, September 3 & 10, 2020)

LEGAL NOTICE OF

SETTLEMENT

STATE OF ALABAMA

PROBATE COURT

MONTGOMERY COUNTY

CASE NO. 19-92

IN THE MATTER OF THE ESTATE OF DONALD AVERY, INCAPACITATED:

NOTICE TO:  WHOM IT MAY CONCERN

You will take notice that James Avery, as Conservator of the Estate of Donald Avery, Incapacitated, has filed his account and vouchers for a partial settlement of said estate on the 7th day of July, 2020, and a hearing date has been scheduled for the 1st day of October, 2020 at 2:00 o’clock p.m. to hear said settlement.

DONE this the 19th day of August, 2020.

J C LOVE, III

PROBATE JUDGE

(Mont. Ind., August 27, September 3 & 10, 2020)

LEGAL NOTICE OF

SETTLEMENT

STATE OF ALABAMA

PROBATE COURT

MONTGOMERY COUNTY

CASE NO. 18-625

IN THE MATTER OF THE ESTATE OF JESSE L. ECHOLS, INCAPACITATED:

NOTICE TO:  WHOM IT MAY CONCERN

You will take notice that Antonio R. Echols, Sr., as Conservator of the Estate of Jesse L. Echols, Incapacitated, has filed his account and vouchers for a partial settlement of said estate on the 12th day of August, 2020, and a hearing date has been scheduled for the 8th day of October, 2020 at 9:00 o’clock a.m. to hear said settlement.

DONE this the 18th day of August, 2020.

J C LOVE, III

PROBATE JUDGE

(Mont. Ind., August 27, September 3 & 10, 2020)

LEGAL NOTICE OF

SETTLEMENT

STATE OF ALABAMA

PROBATE COURT

MONTGOMERY COUNTY

CASE NO. 19-92

IN THE MATTER OF THE ESTATE OF PRINCE ALBERT JONES, JR., DECEASED:

NOTICE TO:  WHOM IT MAY CONCERN

You will take notice that Wilbert Jones, Sr., as Personal Representative of the Estate of Prince Albert Jones, Jr., Deceased, has filed his account for a final settlement of said estate on the 7th day of August, 2020, and a hearing date has been scheduled for the 7th day of October, 2020 at 9:15 o’clock a.m. to hear said settlement.

DONE this the 17th day of August, 2020.

J C LOVE, III

PROBATE JUDGE

(Mont. Ind., August 27, September 3 & 10, 2020)

LEGAL NOTICE

STATE OF ALABAMA

MONTGOMERY COUNTY

PROBATE COURT

CASE NO. 20-00441

NOTICE TO: Dawn Marie Jackson and Ian A. Jackson.

That on the 4th day of August, 2020, a certain paper in writing and purporting to be the LAST WILL AND TESTATMENT of Albert Jackson, deceased, was filed in the Probate Court of this County by Rasberry Weaver and therewith her application for the Probate thereof as such WILL; and that the 30th day of September, 2020, at 9:15 o’clock a.m., was appointed a day for hearing said application, at which time you may appear if you wish, but it is not required; however, if you intend to contest the will, you must file a written contest prior to the hearing date in the Probate Court; or you may file a written contest within six (6) months after the will is probated in the Circuit Court.

Given under my hand this 13th day of August, 2020.

J C LOVE, III

PROBATE JUDGE

(Mont. Ind., August 27, September 3 & 10, 2020)

IN THE PROBATE COURT OF MONTGOMERY 

COUNTY, ALABAMA

IN THE MATTER OF

THE ESTATE OF

CHARLES EDWARD YORK, JR., DECEASED:

CASE NO.: 20-229

LEGAL NOTICE

NOTICE TO:  TO WHOM IT MAY CONCERN

You will take notice that on the 4th day of August, 2020, that Leslie York, as Personal Representative of the Estate of Charles Edward York, Jr., deceased, filed her Petition For Authority To Sell Real Property for Debt and Division of said decendent, to-wit:

a) Taylor Crossing 13 Lot 8 Blk D Plat BK 040 Page 192; otherwise known as 6868 Brownwood Lane, Montgomery County, Alabama; 

That it is necessary that the above property be sold in order to pay debts and for division;

IT IS, THEREFORE ORDERED ADJUDGED AND DECREED BY THE COURT that the 16th day of September, 2020, at 2:30 o’clock p.m. be and it is hereby set to hear said petition, at which time you may appear to contest the same, if you see proper;

DONE this 11th day of August, 2020.

J C LOVE, III

PROBATE JUDGE

(Mont. Ind., August 27, September 3 & 10, 2020)

IN THE PROBATE COURT OF MONTGOMERY 

COUNTY, ALABAMA

IN THE MATTER OF

THE ESTATE OF

DOUGLAS T. DUNHAM, DECEASED:

CASE NO.: 17-468

LEGAL NOTICE

NOTICE TO:  TO WHOM IT MAY CONCERN

You will take notice that on the 13th day of August, 2020, that Kimalyn D. Ford, as Personal Representative of the Estate of Douglas T. Dunham, deceased, filed her Petition for the Sale of Real Property of said decendent, to-wit:

a) Commence at the NE corner of the SW 1/4 of the NW 1/4 Section 13, T21N, R22E, Tallapoosa County, Alabama; thence South 89 degrees 32 minutes 34 seconds West, 891.80 feet to an iron pin on the south right of way of Tiger Lane and the centerline of drive, said point being the POINT OF BEGINNING; thence South 60 degrees 40 minutes 41 seconds East, along said right of way, 159.92 feet to an iron pin; thence leaving said right of way, South 43 degrees 36 minutes 50 seconds West, 105.75 feet to an iron pin; thence South 48 degrees 51 minutes 56 seconds West, 145.26 feet to an iron pin on north bank of Lake Martin; thence westerly along the north bank of said lake the following ten (10) calls 1) South 75 degrees 22 minutes 55 seconds West, 12.34 feet, 2: South 55 degrees 40 minutes 02 seconds West, 12.48 feet; 3) South 66 degrees 58 minutes 36 seconds West, 21.60 feet; 4) South 77 degrees 35 minutes 30 seconds West , 31.65 feet; 5) South 71 degrees 52 minutes 53 seconds West, 39.91 feet; 6) South 86 degrees 16 minutes 58 seconds West, 14.31 feet; 7) North 84 degrees 20 minutes 24 seconds West, 32.63 feet; 8) North 63 degrees 46 minutes 11 seconds West, 19.91 feet; 9) North 18 degrees 08 minutes 44 seconds West, 37.38 feet ; 10) North 02 degrees 30 minutes 15 seconds East, 21.85 feet; thence leaving said edge of lake, North 58 degrees 16 minutes 10 seconds East, 2.23 feet to an iron pin; thence continue North 58 degrees 16 minutes 10 seconds East, 136.61 feet to an iron pin in centerline of existing drive; thence North 35 degrees 21 minutes 01 seconds East, along centerline of said drive, 184.61 feet to the point of beginning.

The above described property lies in the SW 1/4 of the NW 1/4 of Section 13, T21N, R22E, Tallapoosa County, Alabama, and contains 1.05 acres, more or less.

Centerline description of 20’ Ingress/Egress Easement:

Commence at the NE corner of the SW 1/4 of the NW 1/4 of Section 13, T21N, R22E, Tallapoosa County, Alabama; thence South 89 degrees 32 minutes 34 seconds West, 891.80 feet to an iron pin on the south right of way of Tiger Lane being in the centerline of existing drive and centerline of a 20’ Ingress/Egress Easement, said point being the POINT OF BEGINNING; thence leaving said right of way, South 35 degrees 21 minutes 01 seconds West, along centerline of said drive and easement, 184.61 feet to an iron pin; thence South 58 degrees  16 minutes 10 seconds West, along centerline of said easement, 35.18 feet to the west end of easement; otherwise known as 197 Tiger Lane, Dadeville, Alabama 36853; 

as grounds therefore, shows the following:

That it is necessary that the above property be sold for division and to debts and to prevent waste;

IT IS, THEREFORE ORDERED ADJUDGED AND DECREED BY THE COURT that the 8th day of October, 2020, at 9:15 o’clock a.m. be and it is hereby set to hear said petition, at which time you may appear to contest the same, if you see proper;

DONE this 17th day of August, 2020.

J C LOVE, III

PROBATE JUDGE

(Mont. Ind., August 27, September 3 & 10, 2020)

FORECLOSURE NOTICE 

Default being made in payment of those certain condominium assessments by Robin Taylor Osani as required by the Declaration of Condominium of Cedar Point, Incorporated, as established pursuant to The Alabama Condominium Ownership Act (Act No. 1059, Regular Session 1973 Legislature State of Alabama), as the same is recorded in the Office of the Judge of Probate of Montgomery County, Alabama, in Condominium Ownership Book 7, at Page 1, together with the provisions of Cedar Point Landowners Association, Inc. as established pursuant to the Alabama Non-profit Corporation Act (Title 10, Chapter 10, Code of Alabama, 1940, Recompiled 1958) and as otherwise authorized by the Alabama Condominium Ownership Act (Act No. 1059,   Regular Session 1973 Legislature State of Alabama), as such Articles of Incorporation are recorded in the Office of the Judge of Probate of Montgomery County, Alabama, in Corporation Book 96, at Page 305 together with the bylaws of said Association, and said default continuing, the said Cedar Point, Incorporated, acting by and through Cedar Point Landowners Association, Inc., under the power of sale contained in said Declaration of Condominium, and further pursuant to Code of Alabama, 35-8(A)-316, et seq., the said Cedar Point, Incorporated will sell at auction for cash to the highest bidder at the Lawrence Street entrance of the County Courthouse in Montgomery, Alabama, during legal hours of sale on the 24th day of September, 2020,  the following described real estate for which past due condominium assessments are now due and thus unpaid, situated in the County of Montgomery, State of Alabama, to-wit:

Units 5 & 6, Block I, located on Pheasant Trace, according to the Declaration of Condominiums and Exhibits thereto of Cedar Point, Incorporated, a condominium as recorded in the Office of the Judge of Probate of Montgomery County, Alabama, in Condominium Ownership Book 7, at page 1, et seq., together with an undivided 1/431 interest in common areas and facilities, all is provided in the Declaration as hereinabove stated.

Said sale is made to foreclose said condominium assessment, pay said condominium assessment

and the costs and expenses of foreclosure, including a reasonable attorney's fee.

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist to help persons avoid or delay the foreclosure process. An attorney should be consulted to help you (mortgagor) understand these rights and programs as a part of the foreclosure process.

Cedar Point, Incorporated

By:       Charles W. Edmondson

Its:   Attorney

  

Charles W. Edmondson

Attorney at Law

621 S. Perry Street  

Montgomery, Alabama 36104

Attorney for Condominium

(Mont. Ind., August 27, September 3, 10 & 17, 2020)

FORECLOSURE NOTICE 

Default being made in payment of the mortgage executed the 15th day of April, 2014, by Vision Express Tours DBA RDL Enterprise, Inc. to Jack W. Daniels, recorded in the Office of the Judge of Probate of Montgomery County, Alabama, in RLPY 4786, Page 438 and as clarified by scriveners affidavit as recorded in said Probate Office in RLPY 5423, Page 94 and said default continuing, the said Jack W. Daniels, under the power of sale contained in said mortgage, will sell at auction for cash to the highest bidder at the entrance of the County Courthouse in Montgomery, Alabama, during legal hours of sale on the 24th day of September, 2020,  the following described real estate embraced in said mortgage, situated in the County of Montgomery, State of Alabama, to-wit:

Lot M and N, of Woodstock Plat No 2, as the re-subdivision plat appears of record in the Office of the Judge of Probate of Montgomery County, Alabama in Plat Book 27, at Page 68.

Commonly known as 4620 Endover Drive, Montgomery, Alabama 36105.

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist to help persons avoid or delay the foreclosure process. An attorney should be consulted to help you (mortgagor) understand these rights and programs as a part of the foreclosure process.

Jack W. Daniels

Mortgagee

Charles W. Edmondson

Attorney at Law

621 S. Perry Street  

Montgomery, Alabama 36104

Attorney for Mortgagee

(Mont. Ind., August 27, September 3 & 10, 2020)

MORTGAGE FORECLOSURE SALE

 Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Charles R. Henderson, an unmarried man, originally in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Homecomings Financial Network, Inc., on the 23rd day of September, 2003, said mortgage recorded in the Office of the Judge of Probate of Montgomery County, Alabama, in RLPY 2755 Page 0515; the undersigned Newrez LLC d/b/a Shellpoint Mortgage Servicing, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Montgomery, Montgomery County, Alabama, on September 28, 2020, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Montgomery County, Alabama, to-wit:

Lot Number 8, in Block Number 5, according to the Plat of Cloverdale Estates, as said plat appears of record in the Office of the Judge of Probate of Montgomery County, Alabama, in Plat Book 8, at Page 94.

Property street address for informational purposes:  3644 Wilmington Road , Montgomery, AL  36105

THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, 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 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 said mortgage, as well as the expenses of foreclosure.

The successful bidder must tender a non-refundable deposit of Five Thousand Dollars ($5,000.00) in certified funds made payable to Tiffany & Bosco, P.A. at the time and place of the sale. The balance of the purchase price must be paid in certified funds by noon the next business day at the Law Office of Tiffany & Bosco, P.A. at the address indicated below. Tiffany & Bosco, P.A. reserves the right to award the bid to the next highest bidder should the highest bidder fail to timely tender the total amount due.

The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit its purchase price against the expenses of sale and the indebtedness secured by the real estate.

This sale is subject to postponement or cancellation.

Newrez LLC d/b/a Shellpoint Mortgage Servicing, Mortgagee/Transferee

Elizabeth Loefgren

TIFFANY & BOSCO, P.A.

2311 Highland Avenue South

Suite 330

Birmingham, AL  35205

Attorney for Mortgagee/Transferee

463479

(Mont. Ind., August 27, September 3 & 10, 2020)

NOTICE OF 

COMPLETION

Notice is hereby given that, HUTCHESON CONSTRUCTION CO., INC contractor, has completed the contract for the “Pike Road High School – Building Package” for the Town of Pike Road (owner) and have made request for final settlement of said contract.  All persons having any claim for labor, materials or otherwise in connection with this project should immediately notify:  Goodwyn Mills and Cawood, 2660 East Chase Lane Montgomery, AL  36117 or Hutcheson Construction Co., Inc., PO Box 11053, Montgomery, AL  36111

(Mont. Ind., August 27, September 3, 10 & 17, 2020)

NOTICE OF 

COMPLETION

Notice is hereby given that, HUTCHESON CONSTRUCTION CO., INC contractor, has completed the contract for the “Pike Road High School – Baseball/Softball Field” for the Town of Pike Road (owner) and have made request for final settlement of said contract.  All persons having any claim for labor, materials or otherwise in connection with this project should immediately notify:  Goodwyn Mills and Cawood, 2660 East Chase Lane Montgomery, AL  36117 or Hutcheson Construction Co., Inc., PO Box 11053, Montgomery, AL  36111

(Mont. Ind., August 27, September 3, 10 & 17, 2020)

NOTICE OF 

COMPLETION

Notice is hereby given that, HUTCHESON CONSTRUCTION CO., INC contractor, has completed the contract for the “Pike Road High School – Sportsfield Building” for the Town of Pike Road (owner) and have made request for final settlement of said contract.  All persons having any claim for labor, materials or otherwise in connection with this project should immediately notify:  Goodwyn Mills and Cawood, 2660 East Chase Lane Montgomery, AL  36117 or Hutcheson Construction Co., Inc., PO Box 11053, Montgomery, AL  36111

(Mont. Ind., August 27, September 3, 10 & 17, 2020)

NOTICE OF 

COMPLETION

In accordance with Chapter 1,Title 39, Code of Alabama, 1975, notice is hereby given that David Bulger Inc., Contractor, has completed the Contract for construction of the Vaughn and Pike Road, 0.187 miles Turn Lanes on SR-110 to the intersection of CR-85, Project No. ST-051-110-009.  located in Montgomery, Al for the Alabama Dept. of Transportation, Owners have made request for final settlement of said contract.  All persons having any claim for labor, materials, or otherwise in connection with this project should immediately notify, Engineering Dept. with the  Alabama Department of Transportation, P.O. Box 8008, Montgomery, AL 36110.

(Mont. Ind., August 27, September 3, 10 & 17, 2020)

IN THE CIRCUIT COURT OF MONTGOMERY COUNTY, 

ALABAMA 

DOMESTIC RELATIONS 

DIVISION

DOMETRIAS A COLEMAN

PLAINTIFF/HUSBAND,

V.

DEIDRE L COLEMAN,

DEFENDANT/WIFE.

CASE NO.: DR-2020-900225.00

ORDER OF PUBLICATION

DEIDRE L COLEMAN, whose whereabouts are unknown, is required by OCTOBER 17, 2020, to answer the Petition for Divorce and or other relief requested by DOMETRIAS A COLEMAN, or thereafter a default judgment may be rendered against DEIDRE L COLEMAN in case DR 2020-900225.00, Montgomery County Circuit Court.

DONE this the 11th day of August, 2020.

/s/ANITA L. KELLY

CIRCUIT JUDGE

(Mont. Ind., August 27, September 3, 10 & 17, 2020)