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ADVERTISEMENT FOR BIDS Philadelphia Utilities Philadelphia, MS Water Tank Pressure Washing General Notice Philadelphia Utilities (Owner) is requesting Bids for the construction of the following Project: Water Tank Pressure Washing 72232 Bids for the construction of the Project will be received at the office of Philadelphia Utilities located at 435 Myrtle Street, Philadelphia, MS, until Thursday, August 27, 2020, at 10:00 AM local time. At that time the Bids received will be publicly opened and read. The Project includes the following Work: Pressure washing the exterior of a 500,000 gallon elevated tank Bids are requested for the following Contract: Water Tank Pressure Washing The Project has an expected duration of 30 days. Information and Bidding Documents for the Project can be found at the following designated website: https://www.allenhoshallplanroom.com Bidding Documents may be downloaded from the designated website. Prospective Bidders are urged to register with the designated website as a plan holder, even if Bidding Documents are obtained from a plan room or source other than the designated website in either electronic or paper format. The designated website will be updated periodically with addenda, lists of registered plan holders, reports, and other information relevant to submitting a Bid for the Project. All official notifications, addenda, and other Bidding Documents will be offered only through the designated website. Neither Owner nor Engineer will be responsible for Bidding Documents, including addenda, if any, obtained from sources other than the designated website. A copy of the plans and specifications may be examined at: the office of the Engineer, Allen & Hoshall, 1675 Lakeland Drive, Suite 207, Jackson, Mississippi, 39216 and at the office of Philadelphia Utilities, Philadelphia, Mississippi. Each bid shall be accompanied by a Certified Check on a solvent bank or a Bidder's Bond issued by a Surety Company licensed to operate in the State of Mississippi, in the amount of 5% of the total bid price, as a guarantee that if the bid is accepted, the Bidder will enter into a contract and execute the Performance and Payment Bonds in the form and within the time specified. The successful Bidder will be required to execute a Performance Bond and a Payment Bond, each in the amount of 100% of the Contract, issued by a Surety Company licensed to operate in the State and shall be named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. Pursuant to Sec. 31-5-51 (5) of the Mississippi Code if the contract is less than $25,000 and a lump sum payment at the end of the job, then a performance bond or payment bond will not be required. Each Bidder shall have a Certificate of Responsibility to bid on contracts for public projects in which the bid price exceeds $50,000.00 and for private projects in which the bid price exceeds $100,000.00 as required by the laws of the State of Mississippi. Each Bidder shall show on the outside of the envelope containing his bid: his current certificate of responsibility number and expiration date or if applicable, a statement certifying that the bid enclosed does not exceed $50,000.00 for a public project or $100,000.00 for a private project. Failure to show these items on the outside of the envelope containing the bid will result in the bid being returned to Bidder unopened. No Bidder may withdraw his bid for a period of sixty (60) days after date of actual bid opening, without Owner's consent. Philadelphia Utilities reserves the right to reject any or all proposals received, to waive any informalities in the bids received, and to accept any proposal which is deemed most favorable to Philadelphia Utilities. This Advertisement is issued by: Owner: Philadelphia Utilities By: Kirk Morgan Title: Manager Date: July 29, 2020 and August 5, 2020 51568
ADVERTISEMENT FOR THE USE AND BENEFIT OF NESHOBA COUNTY, MISSISSIPPI The NESHOBA COUNTY BOARD OF SUPERVISORS will receive competitive Reverse Auction Bids to be submitted electronically via the Neshoba County website at www.neshobacounty.net with said Reverse Auction occurring from Wednesday, August 19th, 2020 at 8:00 AM until Thursday, August 20th at 12:00 Noon, local time, from qualified vendors in response to this solicitation for acquiring the following equipment: One (1) or more, new, 2021 Ford F-350 Crew Cab 4WD Vehicle(s) Detailed specifications for the above described equipment and bid forms may be obtained from the Neshoba County Board of Supervisors office at the Neshoba County Courthouse, 401 Beacon Street, Suite 201, Philadelphia, Mississippi 39350, by calling 601-656-6281 or by Neshoba County’s website at www.neshobacounty.net. Neshoba County, Mississippi will determine if compliance with the specifications exist before accepting any bid. INSTRUCTIONS TO BIDDERS: All responses to this solicitation for said vehicles shall be returned, with detailed proposals included therewith, including the fixed price amount to be bid, in PDF document format, and submitted electronically via the reverse auction at www.neshobacounty.net/bids under the correct bid solicitation by 12:00 Noon on Thursday, August 20th, 2020. It shall be incumbent upon each bidder to understand the specifications as listed herein and to obtain clarification when necessary. It is not the intent of these specifications to limit the bidding to any particular make or manufacturer of equipment or provider of services, but rather to select such equipment and services to provide for specific needs and specific tasks including vehicles for emergency response as solicited under this request. Any reference to name-brand materials or equipment is intended to establish the minimum necessary standards only and bids submitted on materials and equipment equal thereto, at the sole discretion and determination of Neshoba County, shall be considered. The Neshoba County Board of Supervisors reserves the right to accept or reject any / or all bids and waive informalities and irregularities. No bid, upon submission, may be withdrawn for a period of 90 days. Published by Order of the Board of Supervisors of Neshoba County, Mississippi on the 20th day of July 2020. /s/ GUY NOWELL GUY NOWELL, CLERK BOARD OF SUPERVISORS NESHOBA COUNTY, MISSISSIPPI Publication dates: July 29th and August 5th, 2020 51606
NOTICE OF BOND SALE $325,000 TAXABLE GENERAL OBLIGATION BONDS SERIES 2020B OF THE CITY OF PHILADELPHIA MISSISSIPPI Sealed proposals will be received by the City Clerk of the City of Philadelphia, Mississippi, in her office in the City Hall until the hour of 4:00 o'clock p.m. on the 1st day of September, 2020 for subsequent presentation to the Mayor and Board of Aldermen of the City of Philadelphia, Mississippi (the "Governing Body" of the "City"), in its meeting place in the City Hall in the City of Philadelphia, Mississippi at a meeting scheduled for 5:00 o'clock p.m. on said date, at which time said bids will be publicly read, for the purchase in its entirety, at not less than par and accrued interest to the date of delivery thereof, of an issue of Three Hundred Twenty-Five Thousand Dollars ($325,000) principal amount Taxable General Obligation Bonds, Series 2020B, of the City (the "Series 2020B Bonds" or the "Bonds"). The Series 2020B Bonds will be dated the date of delivery thereof, will be delivered in the denomination of Five Thousand Dollars ($5,000) each, or integral multiples thereof up to the amount of a single maturity, will be numbered from one upward; will be issued in fully registered form; and will bear interest from the date thereof at the rate or rates offered by the successful bidder in its bid, payable on April 1 and October 1 in each year (each an "Interest Payment Date"), commencing October 1, 2021. The Series 2020B Bonds will mature serially on October 1 in each year and in the principal amounts as follows: YEAR AMOUNT 2021 $15,000 2022 15,000 2023 20,000 2024 20,000 2025 20,000 2026 20,000 2027 20,000 2028 20,000 2029 20,000 2030 25,000 2031 25,000 2032 25,000 2033 25,000 2034 25,000 2035 30,000 The Series 2020B Bonds maturing on October 1, 2029, and thereafter, are subject to redemption prior to their stated dates of maturity at the election of the City on October 1, 2028, or on any date thereafter, at par, plus accrued interest to the date of redemption, either in whole or in part (in inverse order of maturity and by lot if less than all of the maturity is to be redeemed). The Series 2020B Bonds are being issued pursuant to Sections 21-33-301 through 21-33-329, Mississippi Code of 1972, as amended and supplemented (the "Act"), to issue general obligation bonds for the purpose of providing funds for financing certain capital projects and improvements which shall consist of purchasing, erecting, repairing, improving, adorning and equipping municipal buildings, and purchasing buildings and land therefor; constructing, improving or paving streets, sidewalks, driveways, parkways, walkways or public parking facilities, and purchasing land therefor; establishing, repairing, improving and extending sanitary, storm, drainage or sewerage systems; constructing bridges and culverts; protecting the municipality, its streets and sidewalks from overflow, caving banks and other like dangers; improving, equipping, repairing, and adorning of parks, public playgrounds, gymnasiums, and other recreational facilities, and purchasing land for same; and for other authorized purposes under the Act, including paying for costs of issuance of the Series 2020B Bonds (the "Project"). Contemporaneously with the sale of the Series 2020B Bonds, the City expects to sell its $875,000 General Obligation Bonds, Series 2020A Bonds for the purpose of providing additional financing for the Project. The Series 2020B Bonds will be general obligations of the City secured by the full faith, credit and resources of the City and will continue to be payable as to principal and interest out of and secured by an irrevocable pledge of the avails of a direct and continuing tax to be levied annually without limitation as to time, rate, or amount upon all the taxable property within the geographical limits of the City. The City will levy annually a special tax upon all taxable property within the geographical limits of the City adequate and sufficient to provide for the payment of the principal of and the interest on the Bonds as the same falls due; provided, however, that such tax levy for any year shall be abated pro tanto to the extent the City on or prior to September 1 of that year has transferred money to the bond fund of the Bonds, or has made other provisions for funds, to be applied toward the payment of the principal of and interest on the Bonds due during the ensuing fiscal year of the City, in accordance with the provisions of the Bond Resolution. The Series 2020B Bonds are to be sold at not less than $325,000 aggregate par plus interest on the Bonds accrued to the date of delivery, if any, and are to be awarded to the bidder complying with the terms hereof and offering to purchase all of the Bonds at the lowest net interest cost to the City. The net interest cost will be determined by computing the aggregate interest on the Bonds over the life of the issue at the rate or rates of interest specified by the bidder, less premium offered, if any. It is requested that each bid be accompanied by a statement of the net interest cost (computed to six decimal places), but such statement will not be considered a part of the bid. No Bond shall bear more than one (1) rate of interest; each Bond shall bear interest from its date to its stated maturity date at the interest rate specified in the bid; all Bonds of the same maturity shall bear the same rate of interest from their date to maturity; the lowest rate of interest specified for any of the Bonds shall not be less than seventy percent (70%) of the highest rate of interest specified for any of the Bonds; and the highest rate of interest specified for any of the Bonds shall not exceed eleven percent (11%) per annum. Each interest rate specified in any bid must be a multiple of one-eighth of one percent (1/8 of 1%) or a multiple of one-tenth of one percent (1/10 of 1%) and a zero rate of interest cannot be named. Bidders must acknowledge in their respective bids that they have received and reviewed the City's preliminary official statement in connection with the issuance of the Series 2020B Bonds (the "Preliminary Official Statement"). The City deems the Preliminary Official Statement to be "final" as described in SEC Rule 15c2-12(b)(1) for the purposes of such Rule. Upon award of the Series 2020B Bonds to the successful bidder, the City will prepare a final official statement in connection with the Bonds (the "Official Statement") in substantially the form of the Preliminary Official Statement, subject to minor amendments and supplementations. A reasonably sufficient number of Official Statements will be made available to the successful bidder at the expense of the City within seven (7) business days of the award of the Bonds to such bidder. Copies of the Preliminary Official Statement may be obtained from Nikki Walton, City Clerk, City Hall, 525 Main Street, Philadelphia, Mississippi 39350, telephone: (601) 656-3612 or the City's municipal advisor, Government Consultants, Inc., 116 Village Boulevard, Madison Mississippi 39110, telephone: (601)982 0005, attention: Mr. Steve Pittman. In order to assist bidders in complying with SEC Rule 15c2-12(b)(5), the City, pursuant to a resolution of the Governing Body and a continuing disclosure agreement, will agree to provide annual reports and notices of certain events. A summary of the City's procedures with regard to continuing disclosure is set forth in the Preliminary Official Statement and will also be set forth in the Official Statement. All bids must be enclosed in a sealed envelope and should be addressed to the Governing Body, at their offices located at City Hall, 525 Main Street, Philadelphia, Mississippi 39350 attention: Nikki Walton, City Clerk, City of Philadelphia and worded on the outside, in substance, "Bid for City of Philadelphia, Mississippi Taxable General Obligation Bonds, Series 2020B". ALL BIDS MUST BE UNCONDITIONAL AND, AS A CONDITION PRECEDENT TO THE CONSIDERATION OF ITS BID, EACH BIDDER MUST ENCLOSE WITH IT, AS A GOOD FAITH DEPOSIT, A CERTIFIED OR CASHIER'S CHECK DRAWN UPON A BANK LOCATED WITHIN THE STATE OF MISSISSIPPI PAYABLE TO THE ORDER OF THE CITY OF PHILADELPHIA, MISSISSIPPI FOR SIX THOUSAND FIVE HUNDRED DOLLARS ($6,500.00). No interest will be allowed on any good faith deposit. Bids will be accepted or rejected by the Governing Body on the date above shown for the sale of the Bonds. When a bid is rejected by the Governing Body, the good faith deposit accompanying said bid will be returned to the bidder. When a bid is accepted by the Governing Body, the good faith deposit accompanying said bid will be applied as part payment for the Bonds or, if the successful bidder fails to comply with this agreement to purchase the Bonds, will be retained as liquidated damages. Pending the application of the good faith deposit of the successful bidder as aforesaid, such deposit may be invested in direct obligations of, or obligations guaranteed by the United States of America or in repurchase agreements with banks fully secured by such obligations, and the City shall be entitled to any income from any such investment. The Governing Body reserves the right to reject any or all bids as well as the right to waive any irregularity or informality in any bid. All bids shall be submitted on the Official Bid Form which may be obtained from Nikki Walton, City Clerk, City of Philadelphia, 525 Main Street, Philadelphia, Mississippi 39350 telephone: (601) 656-3612, or the City's municipal advisor, Government Consultants, Inc., 116 Village Boulevard, Madison Mississippi 39110, telephone: (601) 982 0005, attention: Mr. Steve Pittman. INTEREST ON THE SERIES 2020B BONDS SHOULD BE TREATED AS INCLUDABLE IN GROSS INCOME OF THE HOLDERS THEREOF FOR FEDERAL INCOME TAX PURPOSES. In the opinion of Butler Snow LLP, Ridgeland, Mississippi ("Bond Counsel"), under and pursuant to the Act, the Bonds and interest thereon are exempt from all income taxes imposed by the State of Mississippi. The final approving opinion of Bond Counsel, relating to the validity and tax exemption of the Bonds, together with a non-litigation certificate of the City dated the date of delivery of the Bonds, and a transcript of the proceedings relating to the Bonds will be delivered to the successful bidder without charge. It is anticipated that CUSIP identification numbers will be secured and printed on the Bonds, but neither the failure to secure or print such numbers on any Bond nor any error with respect thereto shall constitute cause for failure or refusal by the successful bidder to accept delivery of and pay for the Bonds in accordance with its agreement to purchase the Bonds. All expenses in relation to the printing of CUSIP numbers on the Bonds shall be paid for by the City; provided, however, that the CUSIP Global Services charge for the assignment of said numbers shall be paid for by the successful bidder. The successful bidder shall assist the City in establishing the issue price of the Bonds and shall execute and deliver to the City at the closing for the Bonds an "issue price" or similar certificate setting forth the reasonably expected initial offering price to the public or the sales price or prices of the Bonds, together with the supporting pricing wires or equivalent communications, in a form reasonably required by the City and Bond Counsel. The City intends that the provisions of Treasury Regulation Section 1.148-1(f)(3)(i) (defining "competitive sale" for purposes of establishing the issue price of the Bonds) will apply to the initial sale of the Bonds (the "competitive sale requirements") because: (a) the City shall disseminate this Notice of Bond Sale to potential underwriters in a manner that is reasonably designed to reach potential underwriters; (b) all bidders shall have an equal opportunity to bid; (c) the City may receive bids from at least three underwriters of municipal bonds who have established industry reputations for underwriting new issuances of municipal bonds; and (d) the City anticipates awarding the sale of the Bonds to the bidder who submits a firm offer to purchase the Bonds at the highest price (or lowest interest cost), as set forth in this Notice of Bond Sale. Any bid submitted pursuant to this Notice of Bond Sale shall be considered a firm offer for the purchase of the Bonds, as specified in the bid. In the event that the competitive sale requirements are not satisfied, the City shall so advise the winning bidder. The City shall treat the first price at which 10% of a maturity of the Bonds (the "10% test") is sold to the public as the issue price of that maturity, applied on a maturity-by-maturity basis (and if different interest rates apply within a maturity, to each separate CUSIP number within that maturity). The winning bidder shall advise the City if any maturity of the Bonds satisfies the 10% test as of the date and time of the award of the Bonds. The City will not require bidders to comply with the "hold-the-offering-price rule" and therefore does not intend to use the initial offering price to the public as of the sale date of any maturity of the Bonds as the issue price of that maturity. Bids will not be subject to cancellation in the event that the competitive sale requirements are not satisfied. Bidders should prepare their bids on the assumption that all of the maturities of the Bonds will be subject to the 10% test in order to establish the issue price of the Bonds. If the competitive sale requirements are not satisfied, then until the 10% test has been satisfied as to each maturity of the Bonds, the winning bidder agrees to promptly report to the City the prices at which the unsold Bonds of that maturity have been sold to the public. That reporting obligation shall continue, whether or not the closing of the Bonds has occurred, until the 10% test has been satisfied as to the Bonds of that maturity or until all Bonds of that maturity have been sold. By submitting a bid, each bidder confirms that: (i) any agreement among underwriters, any selling group agreement and each retail distribution agreement (to which the bidder is a party) relating to the initial sale of the Bonds to the public, together with the related pricing wires, contains or will contain language obligating each underwriter, each dealer who is a member of the selling group, and each broker-dealer that is a party to such retail distribution agreement, as applicable, to report the prices at which it sells to the public the unsold Bonds of each maturity allotted to it until it is notified by the winning bidder that either the 10% test has been satisfied as to the Bonds of that maturity or all Bonds of that maturity have been sold to the public, if and for so long as directed by the winning bidder and as set forth in the related pricing wires, and (ii) any agreement among underwriters relating to the initial sale of the Bonds to the public, together with the related pricing wires, contains or will contain language obligating each underwriter that is a party to a retail distribution agreement to be employed in connection with the initial sale of the Bonds to the public to require each broker-dealer that is a party to such retail distribution agreement to report the prices at which it sells to the public the unsold Bonds of each maturity allotted to it until it is notified by the winning bidder or such underwriter that either the 10% test has been satisfied as to the Bonds of that maturity or all Bonds of that maturity have been sold to the public, if and for so long as directed by the winning bidder or such underwriter and as set forth in the related pricing wires. Sales of any Bonds to any person that is a related party to an underwriter shall not constitute sales to the public for purposes of this Notice of Bond Sale. Further, for purposes of this Notice of Bond Sale: (a) "public" means any person other than an underwriter or a related party, (b) "underwriter" means (A) any person that agrees pursuant to a written contract with the City (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the public and (B) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (A) to participate in the initial sale of the Bonds to the public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the public), (c) a purchaser of any of the Bonds is a "related party" to an underwriter if the underwriter and the purchaser are subject, directly or indirectly, to (i) at least 50% common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership by one corporation of another), more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other), and (d) "sale date" means the date that the Bonds are awarded by the City to the winning bidder. The successful bidder will be given at least seven (7) business days advanced notice of the proposed date of delivery of the Bonds when that date has been tentatively determined. It is expected that the Bonds will be delivered in New York, New York and payment therefor shall be made in federal or other immediately available funds. The successful bidder shall have the right, at its option, to cancel its agreement to purchase the Bonds if the Bonds to be delivered by the City in accordance with the preceding paragraph are not tendered for delivery within sixty (60) days from the date of sale thereof, and in such event the City shall return to said bidder its good faith deposit without interest. The City shall have the right, at its option, to cancel its agreement to sell the Bonds if within five (5) days after the tender of the Bonds for delivery the successful bidder shall not have accepted delivery of and paid for the Bonds, and in such event the City shall retain the successful bidder's good faith deposit as liquidated damages. Further information may be obtained from Nikki Walton, City Clerk, City of Philadelphia, 525 Main Street, Philadelphia, Mississippi 39350, telephone: (601) 656-3612 and the City's municipal advisor, Government Consultants, Inc., 116 Village Boulevard, Madison Mississippi 39110, telephone: (601) 982 0005, attention: Mr. Steve Pittman. CITY OF PHILADELPHIA, MISSISSIPPI BY: /S/ NIKKI WALTON CITY CLERK PUBLISH: AUGUST 5 AND 12, 2020. 51624
SUBSTITUTED TRUSTEE’S NOTICE OF SALE WHEREAS, on the 12th day of March A.D., 2012, MICHAEL ELLIS MYERS, JR. and ReCHEAL MYERS, executed a certain Deed of Trust unto Bobby Knox, Trustee, COMMUNITY BANK, ELLISVILLE, MISSISSIPPI, Beneficiary, to secure an indebtedness therein described, which Deed of Trust is recorded in the office of the Chancery Clerk of Kemper County, Mississippi, in Deed of Trust Book 407 at Page 009; and WHEREAS, on the 29th day of May, A.D., 2015, a Modification of Deed of Trust was executed by the parties, said Instrument was recorded in the office of the Chancery Clerk of Kemper County, Mississippi, in Deed of Trust Book 431 at Page 223 as Instrument No. 15514; and WHEREAS, on the 30th day of June, A.D., 2020, the Beneficiary appointed J. Ward Conville as Substituted Trustee, which instrument is recorded in the office of the Chancery Clerk of Kemper County, Mississippi, in Deed of Trust Book 471 at Page 659 as Instrument No. 21; and NOW THEREFORE, I, J. Ward Conville, Substituted Trustee, will on the 12th day of August, A.D., 2020, within lawful hours, being between the hours of 11:00 o’clock a.m. and 4:00 o’clock p.m., offer for sale and will sell, at public outcry to the highest bidder for cash, at the main door of the Kemper County Courthouse in the City of DeKalb, County of Kemper, State of Mississippi, the following described real property, situated and being in the County of Kemper, State of Mississippi, and being more particularly described as follows, to-wit: All that part of the South ½ of the Northeast ¼ of the Northwest ¼ which lies East of the centerline of the right-of-way of the Meridian-DeKalb Public Road and being three and one-half (3½) acres, more or less, in Section 20, Township 9 North, Range 16 East in Kemper County, Mississippi. Together with all improvement and appurtenances thereunto belonging. I will convey only as much title as is vested in me as Substituted Trustee. WITNESS MY SIGNATURE on this, the 13th day of July, A.D., 2020. /s/J. Ward Conville J. Ward Conville, Substituted Trustee PUBLISH: July 22, 2020 July 29, 2020 August 5, 2020 51532
NOTICE OF BOND SALE $875,000 GENERAL OBLIGATION BONDS SERIES 2020A OF THE CITY OF PHILADELPHIA, MISSISSIPPI Sealed proposals will be received by the City Clerk of the City of Philadelphia, Mississippi, in her office in the City Hall until the hour of 4:00 o'clock p.m. on the 1st day of September, 2020 for subsequent presentation to the Mayor and Board of Aldermen of the City of Philadelphia, Mississippi (the "Governing Body" of the "City"), in its meeting place in the City Hall in the City of Philadelphia, Mississippi at a meeting scheduled for 5:00 o'clock p.m. on said date, at which time said bids will be publicly read, for the purchase in its entirety, at not less than par and accrued interest to the date of delivery thereof, of an issue of Eight Hundred Seventy-Five Thousand Dollars ($875,000) principal amount General Obligation Bonds, Series 2020A, of the City (the "Series 2020A Bonds" or the "Bonds"). The Series 2020A Bonds will be dated the date of delivery thereof, will be delivered in the denomination of Five Thousand Dollars ($5,000) each, or integral multiples thereof up to the amount of a single maturity, will be numbered from one upward; will be issued in fully registered form; and will bear interest from the date thereof at the rate or rates offered by the successful bidder in its bid, payable on April 1 and October 1 in each year (each an "Interest Payment Date"), commencing October 1, 2021. The Series 2020A Bonds will mature serially on October 1 in each year and in the principal amounts as follows: YEAR AMOUNT 2021 $35,000 2022 50,000 2023 50,000 2024 55,000 2025 55,000 2026 55,000 2027 55,000 2028 60,000 2029 60,000 2030 60,000 2031 65,000 2032 65,000 2033 70,000 2034 70,000 2035 70,000 The Series 2020A Bonds maturing on October 1, 2029, and thereafter, are subject to redemption prior to their stated dates of maturity at the election of the City on October 1, 2028, or on any date thereafter, at par, plus accrued interest to the date of redemption, either in whole or in part (in inverse order of maturity and by lot if less than all of the maturity is to be redeemed). The Series 2020A Bonds are being issued pursuant to Sections 21-33-301 through 21-33-329, Mississippi Code of 1972, as amended and supplemented (the "Act"), to issue general obligation bonds for the purpose of providing funds for financing certain capital projects and improvements which shall consist of purchasing, erecting, repairing, improving, adorning and equipping municipal buildings, and purchasing buildings and land therefor; constructing, improving or paving streets, sidewalks, driveways, parkways, walkways or public parking facilities, and purchasing land therefor; establishing, repairing, improving and extending sanitary, storm, drainage or sewerage systems; constructing bridges and culverts; protecting the municipality, its streets and sidewalks from overflow, caving banks and other like dangers; improving, equipping, repairing, and adorning of parks, public playgrounds, gymnasiums, and other recreational facilities, and purchasing land for same; and for other authorized purposes under the Act, including paying for costs of issuance of the Bonds (the "Project"). Contemporaneously with the sale of the Series 2020A Bonds, the City expects to sell its $325,000 Taxable General Obligation Bonds, Series 2020B Bonds for the purpose of providing additional financing for the Project. The Series 2020A Bonds will be general obligations of the City secured by the full faith, credit and resources of the City and will continue to be payable as to principal and interest out of and secured by an irrevocable pledge of the avails of a direct and continuing tax to be levied annually without limitation as to time, rate, or amount upon all the taxable property within the geographical limits of the City. The City will levy annually a special tax upon all taxable property within the geographical limits of the City adequate and sufficient to provide for the payment of the principal of and the interest on the Bonds as the same falls due; provided, however, that such tax levy for any year shall be abated pro tanto to the extent the City on or prior to September 1 of that year has transferred money to the bond fund of the Bonds, or has made other provisions for funds, to be applied toward the payment of the principal of and interest on the Bonds due during the ensuing fiscal year of the City, in accordance with the provisions of the Bond Resolution. The Series 2020A Bonds are to be sold at not less than $875,000 aggregate par plus interest on the Bonds accrued to the date of delivery, if any, and are to be awarded to the bidder complying with the terms hereof and offering to purchase all of the Bonds at the lowest net interest cost to the City. The net interest cost will be determined by computing the aggregate interest on the Bonds over the life of the issue at the rate or rates of interest specified by the bidder, less premium offered, if any. It is requested that each bid be accompanied by a statement of the net interest cost (computed to six decimal places), but such statement will not be considered a part of the bid. No Bond shall bear more than one (1) rate of interest; each Bond shall bear interest from its date to its stated maturity date at the interest rate specified in the bid; all Bonds of the same maturity shall bear the same rate of interest from their date to maturity; the lowest rate of interest specified for any of the Bonds shall not be less than seventy percent (70%) of the highest rate of interest specified for any of the Bonds; and the highest rate of interest specified for any of the Bonds shall not exceed eleven percent (11%) per annum. Each interest rate specified in any bid must be a multiple of one-eighth of one percent (1/8 of 1%) or a multiple of one-tenth of one percent (1/10 of 1%) and a zero rate of interest cannot be named. Bidders must acknowledge in their respective bids that they have received and reviewed the City's preliminary official statement in connection with the issuance of the Series 2020A Bonds (the "Preliminary Official Statement"). The City deems the Preliminary Official Statement to be "final" as described in SEC Rule 15c2-12(b)(1) for the purposes of such Rule. Upon award of the Series 2020A Bonds to the successful bidder, the City will prepare a final official statement in connection with the Series 2020A Bonds (the "Official Statement") in substantially the form of the Preliminary Official Statement, subject to minor amendments and supplementations. A reasonably sufficient number of Official Statements will be made available to the successful bidder at the expense of the City within seven (7) business days of the award of the Series 2020A Bonds to such bidder. Copies of the Preliminary Official Statement may be obtained from Nikki Walton, City Clerk, City Hall, 525 Main Street, Philadelphia, Mississippi 39350, telephone: (601) 656-3612 or the City's municipal advisor, Government Consultants, Inc., 116 Village Boulevard, Madison Mississippi 39110, telephone: (601)982 0005, attention: Mr. Steve Pittman. In order to assist bidders in complying with SEC Rule 15c2-12(b)(5), the City, pursuant to a resolution of the Governing Body and a continuing disclosure agreement, will agree to provide annual reports and notices of certain events. A summary of the City's procedures with regard to continuing disclosure is set forth in the Preliminary Official Statement and will also be set forth in the Official Statement. All bids must be enclosed in a sealed envelope and should be addressed to the Governing Body, at their offices located at City Hall, 525 Main Street, Philadelphia, Mississippi 39350 attention: Nikki Walton, City Clerk, City of Philadelphia and worded on the outside, in substance, "Bid for City of Philadelphia, Mississippi General Obligation Bonds, Series 2020A". ALL BIDS MUST BE UNCONDITIONAL AND, AS A CONDITION PRECEDENT TO THE CONSIDERATION OF ITS BID, EACH BIDDER MUST ENCLOSE WITH IT, AS A GOOD FAITH DEPOSIT, A CERTIFIED OR CASHIER'S CHECK DRAWN UPON A BANK LOCATED WITHIN THE STATE OF MISSISSIPPI PAYABLE TO THE ORDER OF THE CITY OF PHILADELPHIA, MISSISSIPPI FOR SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS ($17,500.00). No interest will be allowed on any good faith deposit. Bids will be accepted or rejected by the Governing Body on the date above shown for the sale of the Bonds. When a bid is rejected by the Governing Body, the good faith deposit accompanying said bid will be returned to the bidder. When a bid is accepted by the Governing Body, the good faith deposit accompanying said bid will be applied as part payment for the Bonds or, if the successful bidder fails to comply with this agreement to purchase the Bonds, will be retained as liquidated damages. Pending the application of the good faith deposit of the successful bidder as aforesaid, such deposit may be invested in direct obligations of, or obligations guaranteed by the United States of America or in repurchase agreements with banks fully secured by such obligations, and the City shall be entitled to any income from any such investment. The Governing Body reserves the right to reject any or all bids as well as the right to waive any irregularity or informality in any bid. All bids shall be submitted on the Official Bid Form which may be obtained from Nikki Walton, City Clerk, City of Philadelphia, 525 Main Street, Philadelphia, Mississippi 39350 telephone: (601) 656-3612, or the City's municipal advisor, Government Consultants, Inc., 116 Village Boulevard, Madison Mississippi 39110, telephone: (601) 982 0005, attention: Mr. Steve Pittman. In the opinion of Butler Snow LLP ("Bond Counsel"), assuming compliance by the City with certain tax covenants, under existing statutes, regulations, rulings and court decisions, interest on the Bonds is excludable from gross income for federal income tax purposes. Furthermore, interest on the Bonds is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations; however, interest on the Bonds is taken into account in determining adjusted current earnings for purposes of computing the alternative minimum tax imposed on corporations. Bond Counsel will express no other opinion regarding other federal tax consequences resulting from the ownership, receipt or accrual of interest on or disposition of the Bonds. In addition, Bond Counsel is further of the opinion that under and pursuant to the Act, the Bonds and interest thereon are exempt from income taxation in the State of Mississippi. The Series 2020A Bonds are being issued as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended and supplemented from time to time. The final approving opinion of Bond Counsel, relating to the validity and tax exemption of the Bonds, together with a non-litigation certificate of the City dated the date of delivery of the Bonds, and a transcript of the proceedings relating to the Bonds will be delivered to the successful bidder without charge. It is anticipated that CUSIP identification numbers will be secured and printed on the Bonds, but neither the failure to secure or print such numbers on any Bond nor any error with respect thereto shall constitute cause for failure or refusal by the successful bidder to accept delivery of and pay for the Bonds in accordance with its agreement to purchase the Bonds. All expenses in relation to the printing of CUSIP numbers on the Bonds shall be paid for by the City; provided, however, that the CUSIP Global Services charge for the assignment of said numbers shall be paid for by the successful bidder. The successful bidder shall assist the City in establishing the issue price of the Bonds and shall execute and deliver to the City at the closing for the Bonds an "issue price" or similar certificate setting forth the reasonably expected initial offering price to the public or the sales price or prices of the Bonds, together with the supporting pricing wires or equivalent communications, in a form reasonably required by the City and Bond Counsel. The City intends that the provisions of Treasury Regulation Section 1.148-1(f)(3)(i) (defining "competitive sale" for purposes of establishing the issue price of the Bonds) will apply to the initial sale of the Bonds (the "competitive sale requirements") because: (a) the City shall disseminate this Notice of Bond Sale to potential underwriters in a manner that is reasonably designed to reach potential underwriters; (b) all bidders shall have an equal opportunity to bid; (c) the City may receive bids from at least three underwriters of municipal bonds who have established industry reputations for underwriting new issuances of municipal bonds; and (d) the City anticipates awarding the sale of the Bonds to the bidder who submits a firm offer to purchase the Bonds at the highest price (or lowest interest cost), as set forth in this Notice of Bond Sale. Any bid submitted pursuant to this Notice of Bond Sale shall be considered a firm offer for the purchase of the Bonds, as specified in the bid. In the event that the competitive sale requirements are not satisfied, the City shall so advise the winning bidder. The City shall treat the first price at which 10% of a maturity of the Bonds (the "10% test") is sold to the public as the issue price of that maturity, applied on a maturity-by-maturity basis (and if different interest rates apply within a maturity, to each separate CUSIP number within that maturity). The winning bidder shall advise the City if any maturity of the Bonds satisfies the 10% test as of the date and time of the award of the Bonds. The City will not require bidders to comply with the "hold-the-offering-price rule" and therefore does not intend to use the initial offering price to the public as of the sale date of any maturity of the Bonds as the issue price of that maturity. Bids will not be subject to cancellation in the event that the competitive sale requirements are not satisfied. Bidders should prepare their bids on the assumption that all of the maturities of the Bonds will be subject to the 10% test in order to establish the issue price of the Bonds. If the competitive sale requirements are not satisfied, then until the 10% test has been satisfied as to each maturity of the Bonds, the winning bidder agrees to promptly report to the City the prices at which the unsold Bonds of that maturity have been sold to the public. That reporting obligation shall continue, whether or not the closing of the Bonds has occurred, until the 10% test has been satisfied as to the Bonds of that maturity or until all Bonds of that maturity have been sold. By submitting a bid, each bidder confirms that: (i) any agreement among underwriters, any selling group agreement and each retail distribution agreement (to which the bidder is a party) relating to the initial sale of the Bonds to the public, together with the related pricing wires, contains or will contain language obligating each underwriter, each dealer who is a member of the selling group, and each broker-dealer that is a party to such retail distribution agreement, as applicable, to report the prices at which it sells to the public the unsold Bonds of each maturity allotted to it until it is notified by the winning bidder that either the 10% test has been satisfied as to the Bonds of that maturity or all Bonds of that maturity have been sold to the public, if and for so long as directed by the winning bidder and as set forth in the related pricing wires, and (ii) any agreement among underwriters relating to the initial sale of the Bonds to the public, together with the related pricing wires, contains or will contain language obligating each underwriter that is a party to a retail distribution agreement to be employed in connection with the initial sale of the Bonds to the public to require each broker-dealer that is a party to such retail distribution agreement to report the prices at which it sells to the public the unsold Bonds of each maturity allotted to it until it is notified by the winning bidder or such underwriter that either the 10% test has been satisfied as to the Bonds of that maturity or all Bonds of that maturity have been sold to the public, if and for so long as directed by the winning bidder or such underwriter and as set forth in the related pricing wires. Sales of any Bonds to any person that is a related party to an underwriter shall not constitute sales to the public for purposes of this Notice of Bond Sale. Further, for purposes of this Notice of Bond Sale: (a)"public" means any person other than an underwriter or a related party, (b) "underwriter" means (A) any person that agrees pursuant to a written contract with the City (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the public and (B) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (A) to participate in the initial sale of the Bonds to the public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the public), (c) a purchaser of any of the Bonds is a "related party" to an underwriter if the underwriter and the purchaser are subject, directly or indirectly, to (i) at least 50% common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership by one corporation of another), more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other), and (d) "sale date" means the date that the Bonds are awarded by the City to the winning bidder. The successful bidder will be given at least seven (7) business days advanced notice of the proposed date of delivery of the Bonds when that date has been tentatively determined. It is expected that the Bonds will be delivered in New York, New York and payment therefor shall be made in federal or other immediately available funds. The successful bidder shall have the right, at its option, to cancel its agreement to purchase the Bonds if the Bonds to be delivered by the City in accordance with the preceding paragraph are not tendered for delivery within sixty (60) days from the date of sale thereof, and in such event the City shall return to said bidder its good faith deposit without interest. The City shall have the right, at its option, to cancel its agreement to sell the Bonds if within five (5) days after the tender of the Bonds for delivery the successful bidder shall not have accepted delivery of and paid for the Bonds, and in such event the City shall retain the successful bidder's good faith deposit as liquidated damages. Further information may be obtained from Nikki Walton, City Clerk, City of Philadelphia, 525 Main Street, Philadelphia, Mississippi 39350, telephone: (601) 656-3612 and the City's municipal advisor, Government Consultants, Inc., 116 Village Boulevard, Madison Mississippi 39110, telephone: (601) 982 0005, attention: Mr. Steve Pittman. CITY OF PHILADELPHIA, MISSISSIPPI BY: /S/ NIKKI WALTON CITY CLERK PUBLISH: AUGUST 5 AND 12, 2020 51625
LEGAL NOTICE Notice is hereby given by the Mayor and Board of Aldermen of the City of Philadelphia, Mississippi, that at five o'clock p.m. Tuesday, the 18th day of August, 2020 the matter of rezoning the following described lands in the City of Philadelphia, Mississippi, to-wit: (511 Church Ave.) Beginning at a pin set marking the southeast corner of Block 29, Herrod’s Survey of the City of Philadelphia, Neshoba County, Mississippi; thence North 89 degrees 39 minutes 51 seconds West along the North right-of-way line of Bay Street, a distance of 53.75 feet to a pin set; thence North 02 degrees 28 minutes 07 seconds West 69.75 feet to a P.K. nail set; thence North 22 degrees 11 minutes 15 seconds West 32.42 feet to a P.K. nail set; thence North 86 degrees 25 minutes 39 seconds East 67.62 feet a “x” set in concrete on the West right-of-way line of Church Avenue; thence South 00 degrees 49 minutes 38 seconds East 104.24 feet to the point of beginning, containing 0.13 acres, more or less and all being part of the East half of Block 29, Herrod’s Survey of the City of Philadelphia, Neshoba County, Mississippi. from Zone C-1 and to Zone R-1 will be taken up for consideration, and notice is hereby given to all persons interested to be and appear before the Mayor and Board of Alderman at said time at the City of Philadelphia, Mississippi, to register any complaint or objections that they may have. Published by Order of the Mayor and Board of Alderman of the City of Philadelphia, Mississippi, this the 21st day of July, 2020. Nikki M. Walton CITY CLERK 51598
SUBSTITUTED TRUSTEE'S NOTICE OF SALE WHEREAS, on October 7, 2008, James Waylon Hilyer and Jeana Vaughn Hilyer executed a certain deed of trust to Charles A. Myers, Trustee for the benefit of Mortgage Electronic Registration Systems, Inc. as nominee for Realty Mortgage Corporation, its successors and assigns which deed of trust is of record in the office of the Chancery Clerk of Neshoba County, State of Mississippi in Book 2008 at Page 10154; and WHEREAS, Bank of America, N.A. has heretofore substituted Shapiro & Brown, LLC as Trustee by instrument dated March 29, 2019 and recorded in the aforesaid Chancery Clerk's Office in Book 2019 at Page 3023; and WHEREAS, default having been made in the terms and conditions of said deed of trust and the entire debt secured thereby having been declared to be due and payable in accordance with the terms of said deed of trust, Bank of America, N.A., the legal holder of said indebtedness, having requested the undersigned Substituted Trustee to execute the trust and sell said land and property in accordance with the terms of said deed of trust and for the purpose of raising the sums due thereunder, together with attorney's fees, trustee's fees and expense of sale. NOW, THEREFORE, I, Shapiro & Brown, LLC, Substituted Trustee in said deed of trust, will on August 25, 2020 offer for sale at public outcry and sell within legal hours (being between the hours of 11:00 a.m. and 4:00 p.m.), at the North Door of the County Courthouse of Neshoba County, located at 401 East Beacon Street, Philadelphia, MS 39350, to the highest and best bidder for cash or certified funds the following described property situated in Neshoba County, State of Mississippi, to-wit: The following described real property: From an iron pin marking the SW corner of the SW 1/4, SE 1/4, Section 21, T 10 N, R 11 E, Neshoba County, MS, run East for 89.42', then run North for 52.14' to an iron pin for the point of beginning. Then run East for 197.45' to an iron pin; then run North for 204.69' to an iron pin; then run N 80° 50' 25" W for 200.00' to an iron pin; then run South for 236.53' to the point of beginning. This parcel contains 1.00 acre, more or less, and is situated in the SW 1/4, SE 1/4, Section 21, T 10 N, R 11 E, Neshoba County. EASEMENT From an iron pin marking the NW corner of the NW 1/4, NE 1/4, Section 28, T 10 N, R 11 E, Neshoba County, MS, run East for 27.74' for the point of beginning. Then run along the West side of a 15' easement the following calls: S 0° 14' 42" E for 124.84; S 0° 28' 05" E for 167.37'; S 22° 26' 29' E for 167.21; S 48° 07' 40" E for 99.58'; S 68° 07' 45' E for 51.55'; N 88° 29' 41' E for 96.90'; S 81° 02' 41' East for 74.73'; S 53° 19' 53" E for 67.66'; S 38° 01' 00" E for 65.25' to the North right-of-way of Neshoba County Road No. 428; Then run N 59° 27' 01" E for 15.13'; then run along the East side of said easement the following calls: N 38° 01' 00" W for 69.23'; N 53° 19' 53" W for 73.38; N 81° 02' 41" W for 79.80'; S 88° 29' 41" W for 99.17'; N 68° 07' 45" W for 45.80; N 46° 07' 40" W for 93.50': N 22° 26' 29" W for 160.88'; N 0° 29' 05" W for 164.43; N 0° 14' 42" W for 124.75': N 13° 49' 47" E for 85.93'; N 63° 58' 37' E for 29.09' to the West line of the Hilyer one acre lot; then run North for 16.69'; then run along the side of said easement S 63° 58' 37" W for 43.43'; then run S 13° 34' 19" W for 96.53' to the point of beginning. This parcel contains 0.36 acre more or less, and is situated the NW 1/4, NE 1/4, Section 28, T 10 N, R 11 E, and the SW 1/4, SE 1/4, Section 21, T 10 N, R 11 E, all in Neshoba County, MS. I WILL CONVEY only such title as vested in me as Substituted Trustee. WITNESS MY SIGNATURE on this 11th day of June, 2020. Shapiro & Brown, LLC SUBSTITUTED TRUSTEE Shapiro & Brown, LLC 1080 River Oaks Drive, Suite B-202 Flowood, MS 39232 (601) 981-9299 10391 Road 428 Union, MS 39365 19-023846 Publication Dates: July 8, July 29, August 5, August 12 and August 19, 2020 51373
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