NOTICE TO CREDITORS
IN THE CHANCERY COURT OF LEFLORE COUNTY, MISSISSIPPI
IN THE MATTER OF THE ESTATE OF GARY MARK BRIGHT, JR., DECEASED
CIVIL ACTION NO. 19-PR-46
BY GARY MARK BRIGHT ADMINISTRATOR
Letters of Administration were granted by the Chancery Court of Leflore County, Mississippi, on August 27, 2019, and issued to Gary Mark Bright, Sr. , Administrator of the Estate of Gary Mark Bright, Jr., by the Chancery Clerk of Leflore County, Mississippi on August 27, 2019; notice is hereby given to all persons having claims against the Estate of Gary Mark Bright, Jr., to present them to the Clerk of the Chancery Court, Leflore County, Mississippi, for probate and registration according to law within 90 days from the date of first publication of this notice, or they will forever be barred, pursuant to MISSISSIPPI CODE OF 1972 §91-7-151, as annotated and amended.
THIS the 27th day of August, 2019.
/S/ GARY MARK BRIGHT, SR.
August 30, 2019
September 6 & 13, 2019
SUMMONS
BY PUBLICATION
IN THE CHANCERY COURT OF LEFLORE COUNTY, MISSISSIPPI
IN THE MATTER OF THE ESTATE OF GARY MARK BRIGHT, JR., DECEASED
CIVIL ACTION NO. 19-PR-46
BY:GARY MARK BRIGHT, SR., ADMINISTRATOR
TO: ALL UNKNOWN HEIRS OF GARY MARK BRIGHT, JR., DECEASED
You have been made a Defendant in the suit filed in this Court by Gary Mark Bright, Sr., Petitioner, seeking determination of the heirs at law of Gary Mark Bright, Jr., Deceased. Defendants other than you are unknown to Petitioner.
You are summoned to appear and defend against the Petition filed against you in this action on October 8, 2019, 10:00 o’clock a.m., in the courtroom of the Leflore County Courthouse at Greenwood, Mississippi, and in case of your failure to appear and defend a judgment will be entered against you for the money or other things demanded in the petition.
You are not required to file an answer or other pleading but you may do so if you desire.
Issued under my hand and official seal this the 27th day of August, 2019.
CHRISTINE LYMON, Chancery Clerk
P. O. Box 250
Greenwood, Mississippi 38935
BY: /S/ MARY ROBERSON, D. C.
August 30, 2019
September 6 & 13, 2019
INTENT RESOLUTION
There came on for consideration the matter of providing financing for various capital improvements for the City of Greenwood, Mississippi, and after a discussion of the subject matter, Councilperson David Jordan offered and moved the adoption of the following resolution:
RESOLUTION DECLARING THE INTENTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF GREENWOOD, MISSISSIPPI, TO EITHER ISSUE GENERAL OBLIGATION BONDS OF THE CITY, ISSUE A GENERAL OBLIGATION BOND OF THE CITY FOR SALE TO THE MISSISSIPPI DEVELOPMENT BANK OR ENTER INTO A LOAN WITH THE MISSISSIPPI DEVELOPMENT BANK, ALL IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED SEVEN MILLION DOLLARS ($7,000,000) TO RAISE MONEY FOR THE PURPOSE OF (A) CONSTRUCTING, IMPROVING AND PAVING STREETS, SIDEWALKS, DRIVEWAYS, PARKWAYS, WALKWAYS AND PUBLIC PARKING FACILITIES, AND PURCHASING LAND THEREFOR; (B) PURCHASING LAND FOR PARKS, PUBLIC PLAYGROUNDS AND CEMETERIES AND IMPROVING, EQUIPPING AND ADORNING THE SAME, INCLUDING THE CONSTRUCTION, REPAIRING AND EQUIPPING OF SWIMMING POOLS AND OTHER RECREATIONAL FACILITIES; (C) ERECTING MUNICIPAL BUILDINGS AND PURCHASING BUILDINGS OR LAND THEREFOR, AND FOR REPAIRING, IMPROVING, ADORNING AND EQUIPPING THE SAME; (D) REPAIRING, IMPROVING AND EXTENDING WATERWORKS, GAS, ELECTRIC AND OTHER PUBLIC UTILITY PLANTS OR DISTRIBUTION SYSTEMS; (E) CONSTRUCTING BRIDGES AND CULVERTS; (F) REPAIRING, IMPROVING AND EXTENDING SANITARY, STORM, DRAINAGE AND SEWERAGE SYSTEMS; (G) PROVIDING HOUSING FOR FIRE-FIGHTING EQUIPMENT AND APPARATUS AND PURCHASING LAND THEREFORE, AND (H) FOR OTHER AUTHORIZED PURPOSES UNDER SECTIONS 21-33-301 ET SEQ., MISSISSIPPI CODE OF 1972, AS AMENDED AND SUPPLEMENTED FROM TIME TO TIME AND SECTIONS 31-25-1 ET SEQ., MISSISSIPPI CODE OF 1972, AS AMENDED AND SUPPLEMENTED FROM TIME TO TIME, INCLUDING FUNDING CAPITALIZED INTEREST, IF APPLICABLE AND PAYING THE COSTS OF BORROWING, DIRECTING THE PUBLICATION OF A NOTICE OF SUCH INTENTION; AND FOR RELATED PURPOSES.
WHEREAS, the Mayor and City Council of the City of Greenwood, Mississippi (the "Governing Body"), acting for and on behalf of the City of Greenwood, Mississippi (the "City"), is authorized by Sections 21-33-301 et seq., Mississippi Code of 1972, as amended and supplemented from time to time (the "City Bond Act"), to issue general obligation bonds for the purposes set forth therein, including, but not limited to, (a) construction, improving and paving streets, sidewalks, driveways, parkways, walkways and public parking facilities, and purchasing land therefore; (b) purchasing land for parks, public playgrounds and cemeteries and improving, equipping and adorning the same, including the construction, repairing and equipping of swimming pools and other recreational facilities; (c) erecting municipal buildings and purchasing buildings for land therefore, and for repairing, improving, adorning and equipping the same; (d) repairing, improving and extending waterworks, gas, electric and other public utility plants or distribution systems; (e) constructing bridges and culverts; (f) repairing, improving and extending sanitation, storm, drainage and sewerage systems; (g) providing housing for fire-fighting equipment and apparatus and purchasing land therefor; and (h) for other authorized purposes under the City Bond Act and Sections 31-25-1 et seq., Mississippi Code of 1972, as amended and supplemented from time to time (the "Bank Act" and together with the City Bond Act, the “Act”), including funding capitalized interest, if applicable and paying the costs of borrowing (together (a) through (h) constitute, the "Project"); and
WHEREAS, the Governing Body, acting for and on behalf of the City, is also authorized under the Act and other applicable laws of the State, to (a) issue a general obligation bond of the City to be sold to the Mississippi Development Bank (the "Bank") to finance the costs of the Project, or (b) enter into a loan or loans with the Bank to borrow money to finance the costs of the Project; and
WHEREAS, the Project is in accordance with and in furtherance of the provisions of the Act; and
WHEREAS, the Governing Body is authorized pursuant to the City Bond Act and/or the Bank Act to provide funding for the costs of the Project either through the issuance of (a) general obligation bonds of the City, in one or more series, pursuant to the City Bond Act in a total aggregate principal amount of not to exceed Seven Million Dollars ($7,000,000) (the "Bonds"), (b) a general obligation bond of the City to be sold to the Bank, in one or more series, in a total aggregate principal amount of not to exceed Seven Million Dollars ($7,000,000) (the "City Bond"), or (c) by entering into a loan or loans with the Bank to borrow money from the Bank in a total principal amount not to exceed Seven Million Dollars ($7,000,000) (the "Loan"); and
WHEREAS, as of September 1, 2019, the assessed value of all taxable property within the City, according to the last completed assessment for taxation, was $113,711,705, and the City had outstanding bonded and floating indebtedness as subject to the fifteen percent (15%) debt limit prescribed by Section 21-33-303 of the City Bond Act, as amended, in the amount of $5,701,000, and outstanding bonded and floating indebtedness as subject to the twenty percent (20%) debt limit prescribed by Section 21 33-303 of the City Bond Act, in the amount of $5,701,000; and
WHEREAS, the Bonds, the City Bond or the Loan, when added to the outstanding bonded indebtedness of the City, will not result in bonded indebtedness, exclusive of indebtedness not subject to the aforesaid fifteen percent (15%) debt limit, of more than fifteen percent (15%) of the assessed value of all taxable property within the City, will not result in indebtedness, both bonded and floating, exclusive of indebtedness not subject to the aforesaid twenty percent (20%) debt limit prescribed by Section 21-33-303 of the City Bond Act, in excess of twenty percent (20%) of the assessed value of all taxable property within the City, and will not exceed any constitutional or statutory limitation upon indebtedness which may be incurred by the City; and
WHEREAS, there has been no increase in said bonded and floating general obligation indebtedness of the City since September 1, 2019; and
WHEREAS, it would be in the best interest of the City for the Governing Body to provide funding for the costs of the Project by borrowing money through the issuance of the Bonds or the City Bond or by entering into the Loan; and
WHEREAS, the City reasonably expects that it will incur expenditures in connection with the Project for which the City intends to reimburse itself with the proceeds of the Bonds, the City Bond or the Loan. This declaration of official intent to reimburse expenditures made prior to the issuance of the Bonds, the City Bond or the Loan in anticipation of the issuance of the Bonds, the City Bond or the Loan is made pursuant to Department of Treasury Regulations Section 1.150-2 (the “Reimbursement Regulations”). The Project for which such expenditures are made is the same as described herein. The maximum principal amount of debt expected to be issued for the Project is the amount herein set forth; and
WHEREAS, the Governing Body is authorized and empowered by the City Bond Act and/or the Bank Act to issue the Bonds or the City Bond or to enter into the Loan for the purposes herein set forth and there are no other available funds on hand or available from regular sources of income for such purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY, ACTING FOR AND ON BEHALF OF THE CITY, AS FOLLOWS:
SECTION 1. The Governing Body, acting for and on behalf of the City, hereby declares its intention to issue and sell either the Bonds, the City Bond and/or enter into the Loan, all in an aggregate principal amount not to exceed Seven Million Dollars ($7,000,000).
SECTION 2. The Bonds and the City Bond will be issued or the Loan will be entered into for the purpose of financing the Project, as authorized by the City Bond Act and the Bank Act.
SECTION 3. The Bonds or the City Bond may be issued in one or more series and, if issued, will be general obligations of the City 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 Loan will be payable from available revenues of the City and will not constitute an indebtedness of the City within the meaning of any constitutional or statutory restrictions, limitations, or provisions, and the taxing power of the City will not be pledged to the payment of the Loan.
SECTION 4. The Governing Body proposes to direct the issuance of all or any portion of the Bonds or the City Bond or to authorize the Loan in the amount and for the purposes and secured as aforesaid at a meeting of the Governing Body to be held at its usual meeting place located at the City Hall in the City, located at 101 W. Church Street, Greenwood, Mississippi, at the hour of 4:00 o'clock p.m. on October 1, 2019, or at some meeting or meetings subsequent thereto; provided, however, that if ten percent (10%) or Fifteen Hundred (1500), whichever is less, of the qualified electors of the City shall file a written protest with the City Clerk of the City (the "City Clerk") against the issuance of the Bonds or the City Bond or the authorization of the Loan on or before 4:00 o'clock p.m. on October 1, 2019, then the Bonds or the City Bond shall not be issued or the Loan shall not be entered into unless approved at an election on the question thereof called and held as is provided by law; provided, further that if no protest is filed, then the Bonds or the City Bond may be issued and sold in one or more series or the City may enter into the Loan without an election on the question of the issuance thereof at any time within a period of two (2) years after October 1, 2019.
SECTION 5. In full compliance with the City Bond Act, the City Clerk is hereby directed to publish a copy of this resolution once a week for at least three (3) consecutive weeks in The Greenwood Commonwealth, a newspaper published in and having a general circulation in the City and qualified under the provisions of Section 13 3 31, Mississippi Code of 1972, as amended, with the first publication being not less than twenty-one (21) days prior to the date set forth in Section 4 of this resolution, and the last publication being made not more than seven (7) days prior to such date.
SECTION 6. The City Clerk is hereby directed to procure from the publisher of the aforesaid newspaper the customary proof of the publication of this resolution and the required notice and have the same before the Governing Body on the date and hour specified in Section 4 hereof.
SECTION 7. The City hereby declares its official intent to reimburse itself from the proceeds of the Bonds, the City Bond or the Loan for expenses incurred with respect to the Project subsequent to the date of this resolution. This declaration of official intent to reimburse expenditures made prior to the issuance of the Bonds, the City Bond or the Loan in anticipation of the issuance of the Bonds, the City Bond or the Loan is made pursuant to the Reimbursement Regulations. The Project for which such expenditures are made is the same as described herein. The Bonds, the City Bond or the Loan will not exceed the aggregate principal amount of Seven Million Dollars ($7,000,000).
SECTION 8. If any one or more of the provisions of this resolution shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any of the other provisions of this resolution, but this resolution shall be construed and enforced as if such illegal or invalid provision or provisions had not been contained herein.
Councilperson Charles E. McCoy seconded the motion to adopt the foregoing resolution, and the question being put to a roll call vote, the result was as follows:
COUNCILPERSON YEA NAY
Johnny Jennings Absent
Lisa Cookston X
Ronnie Stevenson X
Charles E. McCoy, Sr. X
Andrew Powell X
David Jordan X
Carl Palmer X
The President of the Council then declared the resolution passes and adopted this the 3rd day of
September 2019.
APPROVED BY:
Ronnie Stevenson
PRESIDENT OF THE CITY COUNCIL
Carolyn McAdams
MAYOR
ATTEST:
Kim Williams
CITY CLERK
September 6, 13, 20 & 27, 2019
