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Public Notices: June 4, 2018

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  IN THE CHANCERY COURT FOR HICKMAN COUNTY, TENNESSEE

  No. 18-CV-6253

  AMBER McDONALD and STEPHEN SPENCER,

  Petitioners

  VS.

  ASHLEY HUGHES and RONNIE MICHAEL GARREN,

  Respondents

  IN RE: The Adoption of Kaelynn Renea Hughes, DOB 9/23/12

  ORDER OF PUBLICATION

  It appearing from the Motion filed by the Petitioner, AMBER McDONALD, the contents of which were sworn to, that the whereabouts of the Respondents, ASHLEY HUGHES and RONNIE MICHAEL GARREN, are unknown so that personal service of process cannot be obtained, service of process by publication having been ordered, the Respondents are hereby required to appear and answer or, otherwise, defend against the complaint filed against them by Amber McDonald and Stephen Spencer, whose attorney is Dana Dye, PO Box 11, Centerville, TN 37033, within thirty (30) days from the date of last publication of this notice; otherwise, default judgment may be entered against them for the relief demanded in the complaint. It is, further, ORDERED that this notice be published in the HICKMAN COUNTY TIMES, a weekly newspaper of general circulation, once weekly for four (4) consecutive weeks, beginning April 23, 2018.

  This the 11th day of April, 2018.

  William E. Young

  by interchange

  Dana Dye

  Attorney for Amber McDonald

  PO Box 11

  Centerville, TN 37033

  19/4tp/2979/113468

  ---

  NOTICE TO THE CITIZENS OF HICKMAN COUNTY

  IT IS THE DUTY OF YOUR GRAND JURORS TO INVESTIGATE ANY PUBLIC OFFENSE WHICH THEY KNOW OR HAVE REASON TO BELIEVE HAS BEEN COMMITTED AND WHICH IS TRIABLE OR INDICTABLE IN THIS COUNTY. ANY PERSON HAVING KNOWLEDGE OR PROOF THAT SUCH AN OFFENSE HAS BEEN COMMITTED MAY APPLY TO TESTIFY BEFORE THE GRAND JURY SUBJECT TO THE PROVISIONS OF TENNESSEE CODE ANNOTATED, TITLE 40, CHAPTER 16. THE FOREMAN IN THIS COUNTY IS PRESENTLY:

  DAVID ANDERSON

  1150 RIVERVIEW ROAD

  CENTERVILLE, TN 37033

  THE GRAND JURY WILL NEXT MEET ON WEDNESDAY THE 6TH DAY OF JUNE 2018 AT 9:00 A.M. YOU MAY BE PROSECUTED FOR PERJURY FOR ANY ORAL OR WRITTEN STATEMENT WHICH YOU MAKE UNDER OATH TO THE GRAND JURY, WHEN YOU KNOW THE STATEMENT TO BE FALSE, AND WHEN THE STATEMENT TOUCHES ON A MATTER MATERIAL TO THE POINT IN QUESTION.

  DANA NICHOLSON

  CIRCUIT COURT CLERK

  20/3tc/3005

  ---

  NOTICE

  The Bon Aqua Lyles Utility District 2017 Water Quality Report will be published in the Hickman County Times on June 11, 2018. This report will not be directly mailed to customers. You may request a copy by calling 931-670-3957.

  22/1tc/3028

  ---

  PUBLIC NOTICE

  STATE OF TENNESSEE

  COUNTY OF HICKMAN)

  I, Casey Dorton, hereby certify that I am the duly qualified and acting County Clerk of Hickman County, Tennessee (the “County”), and, as such official, I further certify as follows: (1) that attached hereto is a copy of a resolution excerpted from the minutes of the meeting of the Board of Commissioners (the “Board”), of said County held on May 29, 2018; (2) that I have compared said copy with the original minute record of said meeting in my official custody; (3) that said copy is a true, correct, and complete transcript from said original record insofar as said original record relates to, among other matters, the incurring of indebtedness in an amount of not to exceed $1,346,000 by said County; (4) that the actions by said Board including the aforementioned, at said meeting were promptly and duly recorded by me in a book kept for such purpose; and, (5) that a quorum of the members of said Board was present and acting throughout said meeting.

  WITNESS my official signature and the seal of said County this 29th day of May, 2018.

  CASEY DORTON

  County Clerk

  22/1tc/3035

  ---

  HICKMAN COUNTY, TENNESSEE RESOLUTION NO. 18-23

  RESOLUTION AUTHORIZING A LOAN PURSUANT TO A LOAN AGREEMENT BETWEEN

  HICKMAN COUNTY, TENNESSEE, AND THE PUBLIC BUILDING AUTHORITY OF THE CITY OF CLARKSVILLE, TENNESSEE, IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $1,346,000; AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH LOAN AGREEMENT AND OTHER DOCUMENTS RELATING TO SAID LOAN; APPROVING THE ISSUANCE OF A BOND BY SUCH PUBLIC BUILDING AUTHORITY; PROVIDING FOR THE APPLICATION OF THE PROCEEDS OF SAID LOAN AND THE PAYMENT OF SUCH INDEBTEDNESS; CONSENTING TO THE ASSIGNMENT OF THE COUNTY’S OBLIGATION UNDER SUCH LOAN AGREEMENT; AND, CERTAIN OTHER MATTERS

  WHEREAS, the Board of Commissioners (the “Board”), of Hickman County, Tennessee (the “County”), has determined that it is necessary to finance the costs of certain “public works projects”, as defined in Title 9, Chapter 21, Tennessee Code Annotated, as from time to time amended and supplemented, consisting of financing the costs of the acquisition of property for use by the County and a portion of the costs of a sewer system to serve a portion of the County, including but not limited to, the Highway 100 corridor and certain other property to be acquired by the County for use as an industrial park, the acquisition of all property real and personal appurtenant thereto and connected with such work, to pay all legal, fiscal, administrative, and engineering costs incident thereto, and to pay costs incident to the issuance of the Bond and the loan of the proceeds thereof to the County (collectively, the “Project”), by obtaining a loan from The Public Building Authority of the City of Clarksville, Tennessee (the “Authority”);

  WHEREAS, it has been determined by the Board of the County to be in the best interests of the

  County to finance the Project through The Tennessee Municipal Bond Fund fixed rate loan program;

  WHEREAS, the Authority has been established pursuant to the provisions of Title 12, Chapter

  10, Tennessee Code Annotated, as amended (the “Act”), and is authorized pursuant to the provisions of the Act to issue its bonds from time to time, in one more series, and to loan the proceeds thereof to the County for the above described purposes;

  WHEREAS, in order to effectuate the program, the Issuer has authorized and approved by its Resolution, adopted March 12, 2018, the issuance of its Local Government Loan Program Bonds, in an aggregate principal amount not to exceed $300,000,000;

  WHEREAS, the Authority will issue its Local Government Loan Program Bond, Series 2018 (Hickman County Loan) the “Bond”), in the principal amount of not to exceed One Million Three Hundred Forty-Six Thousand Dollars ($1,346,000), and loan the proceeds thereof to the County pursuant to the provisions of a Loan Agreement, by and among the County, the Authority, and the Purchaser, as hereinafter defined, to be dated the date of issuance and delivery (the “Loan Agreement”);

  WHEREAS, the Board of the County has on the date hereof adopted an Initial Resolution authorizing the borrowing of funds and the incurring of indebtedness for the purpose of financing the Project in the amount of not to exceed $1,346,000, and the County Clerk has been instructed to publish such Initial Resolution together with the Notice required by Section 9-21-206 of Tennessee Code Annotated, as amended, in a local newspaper in the County;

  WHEREAS, the indebtedness evidenced by the Loan Agreement shall be payable from any and all funds of the County legally available therefor, including, but not necessarily limited to, ad valorem taxes to be levied for such purpose on all taxable property within the corporate limits of the County, without limitation as to time, rate, and amount and for the punctual payment of said principal of, premium, if any, and interest on, the Loan Agreement, the full faith and credit of the County will be irrevocably pledged; and,

  WHEREAS, the Bond is to be secured by and contain such terms and provisions as set forth in a Bond Purchase Agreement, entered into between the Authority and the purchaser of the Bond (the “Purchaser”).

  NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Hickman

  County, Tennessee, as follows:

  Section 1. Approval of the Loan. (a) For the purpose of providing funds to finance the Project and to pay costs incident to the issuance and sale of the Bond and the loan of the proceeds thereof to the County, the loan to the County from the Authority is hereby authorized in the principal amount of not to exceed $1,346,000 and the County is hereby authorized to borrow such funds from the Authority (the “Loan”).

  (b) The Bond to be issued by the Authority shall bear interest at a fixed rate to be determined at the time of the issuance of the Bond, as provided in the Loan Agreement. The County Mayor and County Clerk are authorized to enter into the Loan Agreement, such Loan Agreement to bear interest at a fixed rate, as the County Mayor and County Clerk shall determine is in the best interest of the County. The County shall make payments of interest and principal in the amounts and on the dates set forth in the Loan Agreement from the sources and funds described herein and in the Loan Agreement. The final rate of interest payable on the Loan Agreement shall not exceed the maximum rate of interest permitted by applicable law. The Loan Agreement shall be for a term of twenty years. The final principal and interest payment dates, final interest rate payable, amortization of principal amounts of the loan evidenced by the Loan Agreement, and prepayment provisions of such Loan Agreement, may be established by the County Mayor and the Purchaser, at the time of the sale of the Bond and the execution and delivery of the Loan Agreement, as shall be determined to be in the best interests of the County, in accordance with the terms of this Resolution and the Loan Agreement.

  (c) The Board of the County understands and is aware that the Purchaser has the option to put the Bond for purchase to the Authority during the term of the Loan (the “Put Option”), at certain intervals upon not less than one hundred eighty days’ written notice to the Authority, the Tennessee Municipal Bond Fund, as administrator, and the County.

  The Board is aware of the risks and benefits associated with the Loan and the Put Option. The Board finds that the repayment structure of the Loan (including the Put Option) is in the public interest of the County.

  The Board further agrees that it is willing to pay additional issuance costs associated with the refunding of the Loan and related Bond in the event the Put Option is exercised by the Purchaser. In the event that the Put Option is exercised by the Purchaser, and the County is unable to pay the Loan amount in full on such date and no subsequent holder can be determined, the Board commits to refund the Loan in the following manner:

  (x) the Board shall submit a plan of refunding to the Comptroller or

  Comptroller’s designee;

  (y) the final maturity of the refunding debt obligation will not extend beyond the final maturity of the original Loan; and,

  (z) the debt service structure of the refunding debt obligation will be substantially similar to or more declining than the debt structure of the original Loan.

  The Board has not retained an independent municipal advisor in connection with the Loan. The Board understands and acknowledges that the Purchaser does not owe a fiduciary duty to the County and that the Purchaser is acting for its own business and commercial interests. The Board has consulted with such advisors and experts as it deems appropriate before the consideration and adoption of this Resolution.

  Section 2. Approval of Loan Agreement. The form, terms, and provisions of the Loan Agreement are in the best interest of the County and are hereby approved and the Board hereby authorizes the County Mayor and the County Clerk of the County to execute and deliver such Loan Agreement, such Loan Agreement to be in substantially the form of the Loan Agreement presented to this meeting, the execution of such Loan Agreement by the County Mayor and the County Clerk to evidence their approval of any and all changes to such Loan Agreement, and any related documents necessary to the consummation of the transactions contemplated by the Loan Agreement. The county further agrees to comply with, and to enable the Authority to comply with, all covenants and requirements contained in the Bond Purchase Agreement and that certain Tax Exemption Certificate to be executed by the Authority at the time of the issuance of the Bond.

  Section 3. Fulfillment of Obligations. The Board of the County is authorized and directed to fulfill all obligations of the County under the terms of the Loan Agreement.

  Section 4. Tax Levy. There shall be levied and collected in the same manner as other ad valorem taxes of the County on all taxable property within the corporate limits of the County without limitation as to time, rate, or amount, to the extent necessary in the event funds of the County legally available to pay the indebtedness evidenced by the Loan Agreement are insufficient, a tax sufficient to pay when due the amounts payable under the Loan Agreement, as and when they become due, and to pay any expenses of maintaining and operating the Project required to be paid by the County under the terms and provisions of the Loan Agreement. For the prompt payment of the Loan Agreement, both principal and interest, as the same shall become due, the full faith and credit of the County are irrevocably pledged.

  Section 5. Approval of Bond and Bond Purchase Agreement. For the purpose of providing funds to make the loan to the County evidenced by the Loan Agreement, as provided herein and in the Loan Agreement, and to pay legal, fiscal, and administrative costs incident thereto, including costs incident to the issuance and sale of the Bond related to the Loan Agreement, the issuance and sale of the Bond by the Authority in connection with the Loan Agreement is hereby approved. The County further approves the execution and delivery of the Bond Purchase Agreement by the Authority in connection with the issuance of the Bond.

  Section 6. Disposition of Proceeds. The proceeds from the sale of the Bond shall be paid, from time to time, to the official of the County designated by law as the custodian of the funds, upon submission of a requisition for such funds by the County to the Purchaser, in accordance with the terms of the Loan Agreement. Such proceeds shall be disbursed from time to time solely to finance the costs of the Project and to pay costs of issuance incurred in connection with the issuance of the Bond and the loan of the proceeds thereof to the County. Any monies remaining in the Project Fund after completion of the Project shall be used to pay debt service on the Bond.

  Section 7. Consent to Assignment. The County hereby consents to the assignment of all of the Authority’s right, title, and interest in and to the Loan Agreement as security for the Bond to which such Loan Agreement relates, except for certain reserved rights of the Authority, to the Purchaser.

  Section 8. Reimbursement Provisions. The County may have made or may hereafter make expenditures with respect to the Project from a source of funds other than proceeds of the loan from the Authority under the Loan Agreement, such expenditures occurring prior to the execution and delivery of the Loan Agreement. The County reasonably expects that it will reimburse such original expenditures with proceeds of the loan from the County made pursuant to the Loan Agreement to the extent permissible under Treasury Regulation 1.150-2.

  Section 9. Arbitrage Certification. The County recognizes that the Purchaser of the Bond will have accepted it on, and paid therefor a price, that reflects the understanding that interest thereon is excludable from gross income for purposes of federal income taxation under laws in force on the date of delivery of the Bond. In this connection, the County agrees that it shall take no action which may cause the interest on the Bond to be included in gross income for federal income taxation. It is the reasonable expectation of the Board of the County that the proceeds of the Bond will not be used in a manner which will cause the Bond to be an “arbitrage bond” within the meaning of Section 148 of the Code, and to this end the proceeds of the Bond and other related funds established for the purposes herein set out shall be used and spent expeditiously for the purposes described herein. The Board further covenants and represents that in the event it shall be required by Section 148(f) of the Code to pay any investment proceeds of the Bond to the United States government, it will make such payments as and when required by said Section 148(f) and will take such other actions as shall be necessary or permitted to prevent the interest on the Bond from becoming taxable. The County Mayor and County Clerk, or either of them, are authorized and directed to make such certifications in this regard in connection with the sale of the Bond as either or both shall deem appropriate, and such certifications shall constitute a representation and certification of the County.

  Section 10. Miscellaneous Acts. The County Mayor, the County Clerk, the County Trustee, the County Attorney, and all other appropriate officials of the County are hereby authorized, empowered, and directed to do any and all such acts and things, and to execute, acknowledge, and deliver all such documents, instruments, and certifications, in connection with the execution of the Loan Agreement and the issuance of the Bond by the Authority, in addition to those acts, things, documents, instruments, and certifications hereinbefore authorized and approved, as may in their discretion, be necessary or desirable to implement or comply with the intent of this Resolution or any of the documents herein authorized and approved.

  Section 10. Captions. The captions or headings in this Resolution are for convenience only and shall in no way define, limit, or describe the scope or intent of any provision hereof.

  Section 12. Severability. Should any provision or provisions of this Resolution be declared invalid or unenforceable in any respect by final decree of any court of competent jurisdiction, the invalidity or unenforceability of such section, paragraph, ordinance, or provisions shall not affect the remaining provisions of such Resolution.

  Section 13. Repeal of Conflicting Resolutions. All resolutions or parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed.

  Section 14. Effective Date. This Resolution shall take effect upon its adoption, the welfare of the County requiring it.

  Adopted and approved this 29th day of May, 2018.

  SPONSORS:

  John Porch -- 5th District

  Todd Collins -- 2nd District

  Danny Clark -- 2nd District

  Tom Isbell -- 3rd District

  17 yes 4 no 0 pass 0 absent

  Adopted:

  Keith Nash, Chairman

  Attest:

  Casey Dorton, County Clerk

  Approved:

  Shaun Lawson, Hickman County Mayor

  STATE OF TENNESSEE

  COUNTY OF HICKMAN

  I, Casey Dorton, hereby certify that I am the duly qualified and acting County Clerk of Hickman County, Tennessee (the “County”), and, as such official, I further certify as follows: (I) that attached hereto is a copy of a resolution excerpted from the minutes of the meeting of the Board of Commissioners (the “Board”), of said County held on May 29, 2018; (2) that I have compared said copy with the original minute record of said meeting in my official custody; (3) that said copy is a true, correct, and complete transcript from said original record insofar as said original record relates to, among other matters, the incurring of taxable indebtedness in an amount of not to exceed $1,346,000 by said County; (4) that the actions by said Board including the aforementioned, at said meeting were promptly and duly recorded by me in a book kept for such purpose; and, (5) that a quorum of the members of said Board was present and acting throughout said meeting.

  WITNESS my official signature and the seal of said County this 29th day of May, 2018

  CASEY DORTON

  County Clerk

  22/1tc/3036

  ---

  HICKMAN COUNTY, TENNESSEE

  RESOLUTION NO. 18-22

  INITIAL RESOLUTION AUTHORIZING THE INCURRENCE OF INDEBTEDNESS BY HICKMAN COUNTY, TENNESSEE, IN THE AMOUNT OF NOT TO EXCEED $1,346,000, BY THE EXECUTION WITH THE PUBLIC BUILDING AUTHORITY OF THE CITY OF CLARKSVILLE, TENNESSEE, OF A LOAN AGREEMENT TO PROVIDE FINANCING FOR PUBLIC WORKS PROJECTS WITHIN THE COUNTY, AND TO FUND THE INCIDENTAL AND NECESSARY EXPENSES RELATED THERETO

  WHEREAS, it is necessary and in the public interest of Hickman County, Tennessee (the “County”), to incur indebtedness (the “Indebtedness”), through the execution with The Public Building Authority of the City of Clarksville, Tennessee (the “Authority”), of a loan agreement (a “Loan Agreement”), for the purpose of financing public works projects, as hereinafter more fully described.

  NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Hickman County, Tennessee, as follows:

  Section 1. For the purpose of financing the costs of the acquisition of property for use by the County and a portion of the costs of a sewer system to serve a portion of the County, including but not limited to, the Highway 100 corridor and certain other property to be acquired by the County for use as an industrial park, the acquisition of all property real and personal appurtenant thereto and connected with such work, to pay all legal, fiscal, administrative, and engineering costs incident thereto, and to pay costs incident to incurring the Indebtedness (collectively, the “Project”), the County is hereby authorized to incur Indebtedness in the amount of not to exceed One Million Three Hundred Forty-Six Thousand Dollars ($1,346,000), for the financing of the Project through the execution of a Loan Agreement with the Authority. The rate of interest payable pursuant to the provisions of a Loan Agreement shall be a fixed rate which rate shall not exceed the maximum rate of interest permitted under the laws of the State of Tennessee.

  Section 2. The indebtedness evidenced by the Loan Agreement shall be payable from funds of the County legally available therefor and to the extent necessary from ad valorem taxes to be levied for such purpose on all taxable property within the corporate limits of the County, without limitation as to time, rate, and amount and for the punctual payment of said principal of, premium, if any, and interest on, the Loan Agreement, the full faith and credit of the County will be irrevocably pledged.

  Section 3. The Loan Agreement shall be executed pursuant to the provisions of Title 9, Chapter 21 , Tennessee Code Annotated, as amended (the “Act”), and Title 12, Chapter I 0, Tennessee Code Annotated, as amended.

  Section 4. After the adoption of this Resolution, the County Clerk is directed to cause this Resolution, with the notice prescribed by the Act, to be published in full once in a newspaper published and having general circulation in the County.

  Section 5. This Resolution shall take effect from and after its adoption, the welfare of the County requiring it.

  Adopted and approved this 29th day of May, 2018.

  SPONSORS:

  John Porch -- 5th District

  Todd Collins -- 2nd District

  Danny Clark -- 2nd District

  Tom Isbell -- 3rd District

  17 yes 4 no 0 pass 0 absent

  Adopted:

  Keith Nash, Chairman

  Attest:

  Casey Dorton, County Clerk

  Approved:

  Shaun Lawson, Hickman County Mayor

  NOTICE

  The foregoing Resolution has been adopted. Unless within twenty (20) days from the date of publication hereof a petition, signed by at least ten percent (10%) of the registered voters of Hickman County, Tennessee, shall have been filed with the County Clerk of Hickman County, Tennessee, protesting the incurrence of the Indebtedness by the execution of the Loan Agreement, such Loan Agreement will be executed, as proposed.

  STATE OF TENNESSEE

  COUNTY OF HICKMAN

  I, Casey Dorton, hereby certify that I am the duly qualified and acting County Clerk of Hickman County, Tennessee (the “County”), and, as such official, I further certify as follows: (1) that attached hereto is a copy of a resolution excerpted from the minutes of the meeting of the Board of Commissioners (the “Board”), of said County held on May 29, 20 I 8; (2) that I have compared said copy with the original minute record of said meeting in my official custody; (3) that said copy is a true, correct, and complete transcript from said original record insofar as said original record relates to, among other matters, the incurring of indebtedness in an amount of not to exceed $1,346,000 by said County; (4) that the actions by said Board including the aforementioned, at said meeting were promptly and duly recorded by me in a book kept for such purpose; and, (5) that a quorum of the members of said Board was present and acting throughout said meeting.

  WITNESS my official signature and the seal of said County this 29th day of May, 2018.

  CASEY DORTON

  County Clerk

  22/1tc/3037

  ---

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