PUBLIC NOTICE
NOTICE OF BOND SALE
$4,500,000
GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES 2026
CITY OF BROOKHAVEN, MISSISSIPPI
NOTICE IS HEREBY GIVEN that the Mayor and Board of Aldermen of the City of Brookhaven, Mississippi (the “Governing Body” of the “Municipality”), will receive bids, which may be in electronic form, for the purchase in its entirety, at not less than par and accrued interest to the date of delivery thereof, of an issue of $4,500,000 General Obligation Public Improvement Bonds, Series 2026, of the Municipality (the “Bonds”), on Tuesday, August 18, 2026, until the hour of 2:00 p.m.
The City Clerk of the Municipality (the “City Clerk”) will act on behalf of the Governing Body to receive bids at the aforesaid date, time, and place. Immediately following 2:00 p.m. on Tuesday, August 18, 2026, the bids will be publicly opened and read, for consideration by the Governing Body at their regular meeting at 6:00 p.m. on Tuesday, August 18, 2026. All bids will remain firm for eight hours after the time specified for the opening of bids, and an award of the Bonds, or rejection of bids, will be made by the Governing Body within said period of time.
THE BONDS: The Bonds will be registered as to both principal and interest; will be dated and bear interest, calculated on the 30/360 basis, from the date of delivery thereof, September 8, 2026; will be delivered in definitive form as registered bonds; will be issued in the denomination of $100,000 each or integral multiples of $1,000 thereof; will be numbered from 1 upward in the order of issuance; will be payable as to principal at a bank or trust company to be named by the Governing Body in the manner hereinafter provided; and will bear interest, calculated on the 30/360 basis, from the date thereof, payable on March 1 and September 1 of each year, commencing March 1, 2027, at the rate or rates offered by the successful bidder in its bid in accordance with this Notice of Bond Sale (this “Notice”).
MATURITIES: The Bonds will mature as to principal, with option of prior payment, on the dates and in the amounts as follows:
Maturity Date Amount
March 1, 2027 $175,000
September 1, 2027 $180,000
March 1, 2028 $185,000
September 1, 2028 $190,000
March 1, 2029 $195,000
September 1, 2029 $200,000
March 1, 2030 $205,000
September 1, 2030 $210,000
March 1, 2031 $215,000
September 1, 2031 $220,000
March 1, 2032 $225,000
September 1, 2032 $230,000
March 1, 2033 $235,000
September 1, 2033 $245,000
March 1, 2034 $250,000
September 1, 2034 $255,000
March 1, 2035 $260,000
September 1, 2035 $270,000
March 1, 2036 $275,000
September 1, 2036 $280,000
REDEMPTION: Bonds maturing after September 1, 2031, are subject to redemption prior to their respective maturities at the election of the Municipality on and after September 1, 2031, either in whole or in part on any date, with the maturities and principal amounts thereof to be determined by the Municipality, at the principal amount thereof together with accrued interest to the date fixed for redemption. Notice of each such redemption shall be mailed, postage prepaid, not less than 30 days prior to the redemption date, to all Registered Owners of the Bonds to be redeemed at their addresses as they appear on the registration books of the Municipality kept by the Paying Agent (as defined herein).
BASIS OF AWARD: If an award is made, the Bonds will be awarded to the bidder whose bid results in the lowest net interest cost to the Municipality for such Bonds as determined by reference to the Revised Aggregate Principal Amounts, prior to post-sale adjustments, as discussed in the paragraph above. The lowest net interest cost will be calculated as that rate which when used in computing the present worth of all payments of principal and interest on the Bonds (compounded semi-annually from the dated date of such Bonds) produces a value equal to the purchase price of such Bonds. Each bidder is required to specify its calculation of the net interest cost resulting from its bid, but such information shall not be treated as part of its proposal. In the event that two or more of the bidders offer to purchase the Bonds at the same lowest net interest cost, the Governing Body shall determine in their sole discretion (but in accordance with fact) which of the bidders shall be awarded such series of Bonds. The Governing Body reserves the right to waive any irregularity or informality in any bid, and to reject any or all bids, and notice of rejection of any bid will be made promptly. Unless all bids are rejected, award of the Bonds will be made by the Governing Body on the sale date.
AUTHORITY AND SECURITY: The Bonds will be issued pursuant to the provisions of Sections 21-33-301 et seq., Mississippi Code of 1972, as amended, and other applicable laws of the State of Mississippi (together, the “Act”), and the resolutions authorizing and directing the issuance of the Bonds adopted by the Governing Body on May 19, 2026, and July 7, 2026 (together, the “Bond Resolution”), and shall be general obligations of the Municipality 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 rate or amount upon all the taxable property within the geographical limits of the Municipality. To the extent other moneys are not available, the Municipality will levy annually a direct and continuing tax upon all taxable property within the geographical limits of the Municipality, which tax, together with any other moneys available for such purpose, will be 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 Municipality on or prior to September 1 of that year has transferred money to the Bond Fund (as defined in the Bond Resolution), 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 Municipality, in accordance with the provisions of the Bond Resolution. Provided, however, any other funds available to the Municipality which may be lawfully used for payment of the principal of, premium, if any, and interest on the Bonds, and which the Governing Body, in its discretion, may direct to be deposited into the Bond Fund, including, but not limited to, use taxes remitted from the State of Mississippi to the Municipality as a result of the Infrastructure Modernization Act of 2018, House Bill 1, 2018 First Extraordinary Session, and any amendments thereto, codified as Sections 27-67-1 et seq., Mississippi Code of 1972, as amended, adopted by the Legislature of the State of Mississippi. The Governing Body is authorized pursuant to the Infrastructure Modernization Act to utilize the use taxes for certain of the Authorized Purposes (as defined herein), including the payment of debt service on debt obligations issues for certain of the Authorized Purposes.
PURPOSE: The Bonds are being issued to provide funds for the purpose of constructing, improving, and paving streets, sidewalks, and parkways, and purchasing land therefor; establishing, repairing, improving, and extending the sanitary, storm, drainage, and sewerage systems of the Municipality; protecting the Municipality, its streets, and sidewalks from overflow, caving banks, and other like dangers; purchasing machinery and heavy equipment which will have an expected useful life in excess of ten years, but specifically not including any motor vehicles weighing less than 12,000 pounds; erecting and purchasing waterworks, gas, electric, and other public utility plants or distribution systems or franchises, and repairing, improving, and extending the same (collectively, the “Authorized Purposes”).
FORM OF BIDS: Bids should be addressed to the Governing Body and should be plainly marked “Bid for $4,500,000 General Obligation Public Improvement Bonds, Series 2026, of the City of Brookhaven, Mississippi.” All bids should be submitted in substantially the form prepared by the Municipality as the Official Bid Form. A copy of the Official Bid Form may be obtained from the City Clerk at
mstewart@brookhaven-ms.gov, from Larry L. Day II, Daylight Capital Advisors, Canton, Mississippi (the “Municipal Advisor”), at
larry.l.day@daylightcapitaladvisors.com, or from Watkins & Eager PLLC, Jackson, Mississippi (“Bond Counsel”) at
bdavis@watkinseager.com. All bids submitted in electronic form should be delivered via email to the City Clerk, the Municipal Advisor, and Bond Counsel. All bids not in electronic form should be sealed and delivered to the City Clerk at her office in the City Hall located at 110 West Main Street in the Municipality.
INTEREST RATE AND BID RESTRICTIONS: The Bonds will not bear a greater overall maximum interest rate to maturity than 11% per annum, nor will the interest rate for any one maturity exceed 11% per annum. No Bond will bear more than 1 rate of interest; each Bond will bear interest, calculated on the 30/360 basis, from its date to its stated maturity date at the interest rate specified in the bid; all Bonds of the same maturity will bear the same rate of interest from date to maturity; and the lowest interest rate specified will not be less than 70% of the highest interest rate specified. Each interest rate specified in any bid must be a multiple of 1/8th of 1% or 1/10th of 1% and a 0% rate of interest cannot be named.
GOOD FAITH DEPOSIT: Each bid must be accompanied by a wire transfer, cashier’s check, certified check, or exchange, issued or certified by a bank, payable to the “Mayor and Board of Aldermen of the City of Brookhaven, Mississippi,” in the amount of $90,000 as a guaranty that the bidder will carry out its contract and purchase the Bonds if its bid be accepted. All wire transfers, cashier’s checks, certified checks, or exchanges of unsuccessful bidders will be returned immediately after award of the Bonds. If the successful bidder fails to purchase the Bonds pursuant to its bid and contract, then the amount of such good faith deposit will be retained by the Municipality as liquidated damages for such failure. No interest will be allowed on the amount of the good faith deposit.
DTC BOOK-ENTRY: Unless specifically requested by the purchaser and approved by the Municipality, the Bonds are not being offered as registered in the name of Cede & Co., as Registered Owner and nominee for The Depository Trust Company, New York, New York (“DTC”) under DTC’s Book-entry system of registration.
AWARD OF BONDS: If an award of the Bonds is made, the Bonds will be awarded to the bidder whose bid results in the lowest net interest cost to the Municipality. The lowest net interest cost of the Bonds will be calculated as that rate which when used in computing the present worth of all payments of principal and interest on the Bonds (compounded semi-annually from the dated date of the Bonds) produces a value equal to the purchase price of the Bonds. For the purpose of calculating the net interest cost, the principal amount of any term bonds scheduled for mandatory sinking fund redemption (if any) shall be treated as a serial maturity in each year. Each bidder is required to specify its calculation of the net interest cost resulting from its bid, but such information shall not be treated as part of its proposal. All bids will remain firm for eight hours after the time specified for the opening of bids, and an award of the Bonds, or rejection of bids, will be made by the Governing Body within said period of time, and the Governing Body will give a verbal notice to the winning bidder, if any, within approximately one hour of such decision..
RIGHT OF REJECTION, CANCELLATION: The Governing Body reserves the right to reject any or all bids submitted, as well as to waive any irregularity or informality in any bid. The successful bidder will have the right, at its option, to cancel its agreement to purchase the Bonds if the Bonds are not tendered for delivery within 60 days from the date of sale thereof, and in such event the Governing Body will return to said bidder its good faith deposit. The Governing Body will have the right, at its option, to cancel its agreement to sell the Bonds if within 5 days after the tender of the Bonds for delivery the successful bidder will not have accepted delivery of and paid for the Bonds, and in such event the Governing Body will retain the successful bidder’s good faith deposit as liquidated damages as hereinabove provided.
PAYING AGENT, TRANSFER AGENT, AND REGISTRAR: The Governing Body’s approval of the Paying Agent shall be contingent on a determination as to the willingness and ability of the Paying Agent to perform the duties of registrar and transfer agent and on the satisfactory negotiation of service fees. The Paying Agent shall be subject to change by order of the Governing Body under the conditions and in the manner provided in the Bond Resolution under which the Bonds are issued. Both principal of and interest on the Bonds will be payable by wire transfer or check or draft mailed to Registered Owners of the Bonds as of the fifteenth day of the month preceding the maturity date for such principal or interest payment at the addresses appearing in the registration records of the Municipality maintained by the Paying Agent. The Bonds will be transferable only upon the books of the Paying Agent.
DELIVERY: The successful bidder must designate within 30 days of the date of sale, or at such other later date as may be designated by the Governing Body, the names and addresses of the Registered Owners of the Bonds and the denominations in which the Bonds of each maturity are to be issued. If the successful bidder fails to submit such information within the required time, one Bond may be issued for each maturity in the full amount maturing on that date registered in the name of the successful bidder. The Bonds will be delivered at a place to be designated by the purchaser and without cost to the purchaser, and payment therefor will be made in immediately available funds.
CUSIP NUMBERS: Unless specifically requested by the purchaser and approved by the Municipality, CUSIP identification numbers will not be requested for the Bonds. The successful bidder will be responsible for the costs of assigning CUSIP numbers to the Bonds. Neither the failure to print a CUSIP number on any Bond nor any error with respect thereto shall constitute cause for a failure or refusal by the purchaser thereof to accept delivery of and pay for the Bonds in accordance with this Notice.
LEGAL OPINION; CLOSING DOCUMENTS: The Bonds are offered subject to the unqualified approval of the legality thereof by Bond Counsel. In the opinion of Bond Counsel, interest on the Bonds is exempt from federal and Mississippi income taxes under existing laws, regulations, rulings, and judicial decisions. A copy of the opinion of Bond Counsel, together with the usual closing papers, including a no-litigation certificate dated the date of delivery of the Bonds, evidencing that no litigation is pending in any way affecting the legality of the Bonds or the taxes to be levied for the payment of the principal thereof and interest thereon, and a transcript of the proceedings relating to the Bonds will be delivered to the successful bidder without charge. The Municipality will pay for all legal fees and will pay for the printing and validation of the Bonds.
BONDS AS “QUALIFIED TAX-EXEMPT OBLIGATIONS”: The Municipality has designated the Bonds as “qualified tax-exempt obligations” within the meaning and for purposes of Section 265(b)(3) of the Code.
ISSUE PRICE: The successful bidder shall assist the Municipality in establishing the issue price of the Bonds and shall execute and deliver to the Municipality 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 Municipality and Bond Counsel.
By order of the Mayor and Board of Aldermen of the City of Brookhaven, Mississippi, on July 7, 2026.
City of Brookhaven, Mississippi
/s/ Mavis Stewart, City Clerk
The Daily Leader:
Aug. 5 and 12, 2026
BOND SALE