Legal & Public Notices For The Week Of 01/26/17
Legal & Public Notices For The Week Of 01/26/17
NOTICE TO CREDITORS ESTATE OF Failyn Thomas Notice is hereby given that on the 20th day of January, 2017, Letters Testamentary, in respect to the estate of Failyn Thomas, Deceased, who died on the 1st day of January, 2017, were issued to the undersigned by the Probate Court of Smith County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured, against said estate are required to file same with the Clerk of the above named Court on or before the earlier of the dates prescribed in (1) or (2) otherwise their claims will be forever barred: (1) (A) Four (4) months from the date of the first publication (or posting, as the case may be) of this notice if the creditor received an actual copy of this notice to creditors at least sixty (60) days before the date that is four (4) months from the date of the first publication (or posting); or (B) Sixty (60) days from the date the creditor received an actual copy of the notice to creditors if the creditor received the copy of the notice less than sixty (60) days prior to the date that is four (4) months from the date of first publication (or posting) as described in (1) (a); or (2) Twelve (12) months from the decedent’s date of death. This the 20th day of January, 2017. Signed Charles Owen Thomas, Personal Representative Thomas S. Dillehay, Clerk & Master Jacky O. Bellar, Attorney 1-26-2t
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NOTICE TO CREDITORS ESTATE OF Tim Boyd Spivey Notice is hereby given that on the 11th day of January, 2017, Letters Testamentary, in respect to the estate of Tim Boyd Spivey, Deceased, who died on the 16th day of July, 2016, were issued to the undersigned by the Probate Court of Smith County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured, against said estate are required to file same with the Clerk of the above named Court on or before the earlier of the dates prescribed in (1) or (2) otherwise their claims will be forever barred: (1) (A) Four (4) months from the date of the first publication (or posting, as the case may be) of this notice if the creditor received an actual copy of this notice to creditors at least sixty (60) days before the date that is four (4) months from the date of the first publication (or posting); or (B) Sixty (60) days from the date the creditor received an actual copy of the notice to creditors if the creditor received the copy of the notice less than sixty (60) days prior to the date that is four (4) months from the date of first publication (or posting) as described in (1) (a); or (2) Twelve (12) months from the decedent’s date of death. This the 11th day of January, 2017. Signed Julie Johnson, Personal Representative Thomas S. Dillehay, Clerk & Master Jacky O. Bellar, Attorney 1-19-2t
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NOTICE TO CREDITORS ESTATE OF Jack Shoulders Notice is hereby given that on the 11th day of January, 2017, Letters Testamentary, in respect to the estate of Jack Shoulders, Deceased, who died on the 22nd day of October, 2016, were issued to the undersigned by the Probate Court of Smith County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured, against said estate are required to file same with the Clerk of the above named Court on or before the earlier of the dates prescribed in (1) or (2) otherwise their claims will be forever barred: (1) (A) Four (4) months from the date of the first publication (or posting, as the case may be) of this notice if the creditor received an actual copy of this notice to creditors at least sixty (60) days before the date that is four (4) months from the date of the first publication (or posting); or (B) Sixty (60) days from the date the creditor received an actual copy of the notice to creditors if the creditor received the copy of the notice less than sixty (60) days prior to the date that is four (4) months from the date of first publication (or posting) as described in (1) (a); or (2) Twelve (12) months from the decedent’s date of death. This the 11th day of January, 2017. Signed Shirley Shoulders, Personal Representative Thomas S. Dillehay, Clerk & Master Jacky O. Bellar, Attorney 1-19-2t
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NOTICE OF FORECLOSURE SALE STATE OF TENNESSEE, SMITH COUNTY WHEREAS, Kelli Napper executed a Deed of Trust to Mortgage Electronic Registration Systems, Inc. as nominee for American Mortgage Service Company, Lender and Bellar & Winkler, Trustee(s), which was dated August 26, 2015 and recorded on August 27, 2015 in Book 295, Page 131, Smith County, Tennessee Register of Deeds. WHEREAS, default having been made in the payment of the debt(s) and obligation(s) thereby secured by the said Deed of Trust and the current holder of said Deed of Trust, Caliber Home Loans, Inc., (the “Holder”), appointed the undersigned, Brock & Scott, PLLC, as Substitute Trustee, by an instrument duly recorded in the Office of the Register of Deeds of Smith County, Tennessee, with all the rights, powers and privileges of the original Trustee named in said Deed of Trust; and NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable as provided in said Deed of Trust by the Holder, and that as agent for the undersigned, Brock & Scott, PLLC, Substitute Trustee, by virtue of the power and authority vested in it, will on February 14, 2017, at 12:00PM at the usual and customary location at the Smith County Courthouse, Carthage, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Smith County, Tennessee, to wit: LYING AND BEING in the Town of Carthage, First (1st) Civil District of Smith County, Tennessee, and being bounded and described as follows, to-wit: BEING Lot Number Ten (10) in Turner Subdivision bearing date of June 8, 1966, and for a more particular description reference is made to plat of said subdivision of record in Plat Book 2, Page 3, Register’s Office, Smith County, Tennessee. AND BEING the same property conveyed to Kelli Napper, an unmarried person, by Warranty Deed from Joshua D. Kirby, dated August 26, 2015, of record in Record Book 295, Page 129, Register’s Office, Smith County, Tennessee. Parcel ID Number: 54B B 009.00 Address/Description: 746 Jackson Avenue, Carthage, TN 37030. Current Owner(s): Kelli Napper. Other Interested Party(ies): N/A The sale of the property described above shall be subject to all matters shown on any recorded plat; any and all liens against said property for unpaid property taxes; any restrictive covenants, easements or set-back lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; a deed of trust; and any matter than an accurate survey of the premises might disclose; and All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. This office is attempting to collect a debt. Any information obtained will be used for that purpose. Brock & Scott, PLLC, Substitute Trustee c/o Tennessee Foreclosure Department 6 Cadillac Drive, Suite 140 Brentwood, TN 37027 PH: 615-550-7697 FX: 615-550-8484 File No.: 16-08114 FC03 1-19-3t
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NOTICE TO CREDITORS ESTATE OF Virginia Gail Kennedy Notice is hereby given that on the 10th day of January, 2017, Letters of Testamentary, in respect to the estate of Virginia Gail Kennedy, Deceased, who died on the 3rd day of January, 2017, were issued to the undersigned by the Probate Court of Smith County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured, against said estate are required to file same with the Clerk of the above named Court on or before the earlier of the dates prescribed in (1) or (2) otherwise their claims will be forever barred: (1) (A) Four (4) months from the date of the first publication (or posting, as the case may be) of this notice if the creditor received an actual copy of this notice to creditors at least sixty (60) days before the date that is four (4) months from the date of the first publication (or posting); or (B) Sixty (60) days from the date the creditor received an actual copy of the notice to creditors if the creditor received the copy of the notice less than sixty (60) days prior to the date that is four (4) months from the date of first publication (or posting) as described in (1) (a); or (2) Twelve (12) months from the decedent’s date of death. This the 10th day of January, 2017. Signed William Richard Kennedy, Co-Personal Representative James Kennedy, Co-Personal Representative Thomas S. Dillehay, Clerk & Master Jacky O. Bellar, Attorney 1-19-2t
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SUBSTITUTE TRUSTEE’S SALE Sale at public auction will be on February 15, 2017 at 12:00PM local time, at the front door, Smith County Courthouse, 211 North Main Street, Carthage, Tennessee pursuant to Deed of Trust executed by Judith Horton and Tony Horton, to Archer Land Title, Inc, Trustee, as trustee for Mortgage Electronic Registration Systems, Inc. as nominee for Ameritrust Mortgage Company on February 15, 2007 at Book 166, Page 265; conducted by Shapiro & Ingle, LLP, a Tennessee limited liability partnership, having been appointed Substitute or Successor Trustee, all of record in the Smith County Register’s Office. Default has occurred in the performance of the covenants, terms, and conditions of said Deed of Trust and the entire indebtedness has been declared due and payable. Party Entitled to Enforce the Debt: CitiMortgage, Inc., its successors and assigns. The following real estate located in Smith County, Tennessee, will be sold to the highest call bidder: Described property located at Smith County, Tennessee, to wit: Parcel 053L-A-015.00 A certain tract or parcel of land in Smith County, in the State of Tennessee, described as follows: Being Lot No. 12 of the Green Hills Subdivision, as shown on a revised plat dated April 12, 1971, of record in Plat Book 2, page 27, Register’s Office of Smith County, Tennessee, reference to which is hereby made for a more complete description. Being the same property conveyed to Tony Horton and Judith Horton, his wife, as tenants by the entirety, by Quitclaim Deed from Judith Horton, f/k/a Judith Duncan, a married woman, joined by her husband Tony Horton, dated August 2, 2005 and recorded August 12, 2005, of record in Book 132, page 753, Register’s Office for Smith County, Tennessee. Subject to all applicable restrictions and easements of record in Smith County, Tennessee. Street Address: 120 Lester Ave, Carthage, Tennessee 37030 Parcel Number: 053L A 015.00 Current Owner(s) of Property: Tony Horton and Judith Horton The street address of the above described property is believed to be 120 Lester Ave, Carthage, Tennessee 37030, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control. This sale is subject to, without limitation, all matters shown on any applicable recorded plat; any unpaid taxes; any restrictive covenants, easements, or setback lines that may be applicable; any statutory right of redemption of any governmental agency, state or federal; any prior liens or encumbrances including those created by a fixture filing or any applicable homeowners’ association dues or assessments; all claims or other matters, whether of record or not, which may encumber the purchaser’s title and any matter that an accurate survey of the premises might disclose. The following parties may claim an interest in the above-referenced property to be affected by the foreclosure: Any judgment creditor or lien holder with an interest subordinate to the said Deed of Trust or any party claiming by, through, or under any of the foregoing. Such parties known to the Substitute Trustee may include: Republic Finance. Any right of equity of redemption, statutory and otherwise, and homestead are waived in accord with the terms of said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. If you purchase a property at the foreclosure sale, the entire purchase price is due and payable at the conclusion of the auction in the form of a certified/bank check made payable to or endorsed to Shapiro & Ingle, LLP. No personal checks will be accepted. To this end, you must bring sufficient funds to outbid the lender and any other bidders. Insufficient funds will not be accepted. Amounts received in excess of the winning bid will be refunded to the successful purchaser at the time the foreclosure deed is delivered. This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded only by the Substitute Trustee at any time. If the Substitute Trustee rescinds the sale, the purchaser shall only be entitled to a return of any money paid towards the purchase price and shall have no other recourse. Once the purchaser tenders the purchase price, the Substitute Trustee may deem the sale final in which case the purchaser shall have no remedy. The real property will be sold AS IS, WHERE IS, with no warranties or representations of any kind, express or implied, including without limitation, warranties regarding condition of the property or marketability of title. This office may be a debt collector. This may be an attempt to collect a debt and any information obtained may be used for that purpose. Shapiro & Ingle, LLP, a Tennessee limited liability partnership Substitute Trustee 10130 Perimeter Parkway, Suite 400 Charlotte, NC 28216 Phone: (704) 333-8107 Fax: (704) 333-8156 www.shapiro-ingle.com File No. 16-109059 1-12-3t
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NOTICE TO CREDITORS ESTATE OF Rex C. Herron Notice is hereby given that on the 4th day of January, 2017, Letters of Administration, in respect to the estate of Rex C. Herron, Deceased, who died on the 1st day of July, 2016, were issued to the undersigned by the Probate Court of Smith County, Tennessee. All persons, resident and non-resident, having claims, matured or unmatured, against said estate are required to file same with the Clerk of the above named Court on or before the earlier of the dates prescribed in (1) or (2) otherwise their claims will be forever barred: (1) (A) Four (4) months from the date of the first publication (or posting, as the case may be) of this notice if the creditor received an actual copy of this notice to creditors at least sixty (60) days before the date that is four (4) months from the date of the first publication (or posting); or (B) Sixty (60) days from the date the creditor received an actual copy of the notice to creditors if the creditor received the copy of the notice less than sixty (60) days prior to the date that is four (4) months from the date of first publication (or posting) as described in (1) (a); or (2) Twelve (12) months from the decedent’s date of death. This the 4th day of January, 2017. Signed Stacey G. Browning, Personal Representative Thomas S. Dillehay, Clerk & Master Angel Kane, Attorney 1-26-2t
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In the Chancery court for Smith County, Tennessee DEWEY ALLISON, Plaintiff, V. JESSICA BATES, ERIC BATES, PAULA MOONEYHAN, ONA LEE TOMLINSON, RICKY TAYLOR, DUSTIN MARKS, EUGENE HODGE, and MILES EDWARD TAYLOR, JR., Defendants. CASE #: 8204 ORDER OF PUBLICATION In this action it appearing to the satisfaction of the Clerk and Master from Plaintiff’s Complaint, which is sworn to, that Defendants, JESSICA BATES, ERIC BATES, PAULA MOONEYHAN, ONA LEE TOMLINSON, RICKY TAYLOR, DUSTIN MARKS, EUGENE HODGE, and MILES EDWARD TAYLOR, JR., names and residences are unknown and cannot be ascertained upon diligent inquiry so that the ordinary process of law cannot be served; it is, therefore, ordered that publication be made in the Carthage Courier, a newspaper published in the Town of Carthage, Tennessee, for four (4) consecutive weeks, commanding said Defendants to serve upon , Jacky O. Bellar, Plaintiff’s Attorney, whose address is P.O. Box 332, Carthage, TN 37030, a copy of the answer to the Complaint on or before March 13, 2017, also file an answer to the Complaint with the Clerk and Master at his office in Carthage, Tennessee, according to law. If you fail to do so judgment by default will be taken against you for the relief demanded in the Complaint. The Motion for Default will be heard on April 7, 2017, at the Trousdale County Courthouse in Harstville, Tennessee, at 9:00 a.m., or as soon thereafter as possible. This the 11th day of January, 2017. THOMAS S. DILLEHAY, CLERK and MASTER 1-19-4t Publications Dates: January 19, 2017, January 26, 2017, February 2, 2017, February 9, 2017.
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We recently purchased this vehicle vin # 1W27M8K411629. If anybody has any information contact Michael Deason at 615-582-4790. 1-26-2tpd
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RETAIL LIQUOR LICENSE NOTICE Take Notice that Mukesh Patel and Jayshree Patel, 1043 Kacie Drive, Pleasant View, TN 37146 have applied to Town of South Carthage for a certificate of compliance and has or will apply to the Tennessee Alcoholic Beverage Commission at Nashville for a retail liquor license for a store to be named South Carthage Liquors and to be located at 57 Lebanon Hwy, Carthage, TN 37030 and owned by Mojo’s Market, Inc., Mukesh Patel and Jayshree Patel. All persons wishing to be heard on the certificate of compliance may personally or through counsel appear or submit their views in writing at Town of South Carthage, 106 Main St S, Carthage TN on 3/2/17 at 7:00 PM. The Tennessee Alcoholic Beverage Commission will consider the application at a later date to be set by the Tennessee Alcoholic Beverage Commission in Nashville, TN. Interested persons may personally or through counsel submit their views in writing by the hearing date to be scheduled by the TABC. (Rule 0100-03-.09, continued) Anyone with questions concerning this application or the laws relating to it may call or write the Alcoholic Beverage Commission at 226 Capital Blvd., Nashville, TN 37243, 615-741-1602. 01-19-17(3T)
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Notice to Bid The Smith County Board of Education will be accepting sealed bids for one type D 78 passenger school bus and one type C 78 passenger school bus with and without 3 point seat belts. Bus specifications may be obtained at the Smith County Board of Education, 126 Smith County Middle School Lane, Carthage, TN 37030. Bus specifications will be available from 7:45 a.m. – 4:00 p.m., Jan. 18, 2017 through Feb. 1, 2017. Sealed bids must be delivered to the Smith County Board of Education no later than 8:59 a.m. on Feb. 3, 2017. Faxed bids will not be accepted. Bids will be opened at 9:00 a.m. on Feb. 3, 2017. A recommendation will be made at the board meeting on Feb 21, 2017. The Smith County Board of Education reserves the right to reject any and/or all bids. 01-19-17(2T)
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01-19-17(2T)
ADVERTISEMENT FOR BIDS Smith County Landfill is taking sealed bids until 10 am February 1, 2017 for the purchase of a NEW 2017 963k WH WASTE HANDLER TRACK LOADER or comparable machine. Bid Specs may be picked up at the Smith County Landfill Office M-F 7am to 3pm. The Landfill office is located at 370 Landfill Rd. Carthage, TN. 37030. All bids need to include any and all warranties that covers this piece of equipment. Bids to be received at: Smith County Mayor’s Office Turner Building 122 Turner High Cir Carthage, TN 37030 Any Questions Contact Smith County Solid Waste Director Roger Bradley at 615-735-1941 It is the policy of Smith County Government not to discriminate on the basis of race, color, national origin, age, sex or disability. Smith County is an Equal Opportunity Provider and Employer. 01-19-17(2T) ______________
RETAIL LIQUOR LICENSE NOTICE Take Notice that Kunal N Patel, 1025 Gannett Road, Hendersonville, TN 37075 has applied to Town of South Carthage for a certificate of compliance and has or will apply to the Tennessee Alcoholic Beverage Commission at Nashville for a retail liquor license for a store to be named Value & Variety Fine Wine and Spirits and to be located at 121 Gordonsville Hwy, Carthage TN and owned by Aarya Enterprises LLC, Kunal N Patel. All persons wishing to be heard on the certificate of compliance may personally or through counsel appear or submit their views in writing at Town of South Carthage, 106 Main St S, Carthage TN on 2/2/17 at 7:00 PM. The Tennessee Alcoholic Beverage Commission will consider the application at a later date to be set by the Tennessee Alcoholic Beverage Commission in Nashville, TN. Interested persons may personally or through counsel submit their views in writing by the hearing date to be scheduled by the TABC. (Rule 0100-03-.09, continued) Anyone with questions concerning this application or the laws relating to it may call or write the Alcoholic Beverage Commission at 226 Capital Blvd., Nashville, TN 37243, 615-741-1602. 01-12-17(3T)
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PUBLIC NOTICE The Dale Hollow Rural Planning Organization (RPO) Executive Board will meet from 11 am to Noon on Thursday, February 2, 2017 in the Herald Citizen Room on the second floor of the Leslie Town Centre, located at One West 1st Street in Cookeville, Tennessee. The Dale Hollow RPO is responsible for comprehensive transportation planning for Clay, Fentress, Macon, Jackson, Overton, Pickett, Smith and Trousdale Counties. This is an open public meeting. To request an agenda, please call Dale Hollow RPO Coordinator Mark Dudney at (931)476-4152. If you need assistance or accommodations due to disability, please contact Mark by Monday, January 30, 2017. 01-26-17(1T)
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The Smith County Board of Education will have a Special Called Board Meeting regarding the Individual Geographic Growth Plan on Monday, February 6, 2017, at 5:00 p.m. at the Smith County Board of Education, 126 Smith County Middle School Lane, Carthage, Tennessee 37030. Possible alternatives for the individual growth plan will be an agenda item. 01-26-17(2T)
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SCHOOL SYSTEM SEEKS OUT CHILDREN WITH DISABILITIES The Smith County School System is conducting a county-wide search for children with disabilities, ages birth through twenty-one, who are not currently in school or enrolled in a program for the disabled but are in need of special education services. The school system provides special education services to disabled children, ages 3-21. (Those children in the public school program and those enrolled in Head Start have already been identified.) The purpose is to locate and identify all disabled children and youth in Smith County so that they may receive appropriate public education. Persons who know of a disabled child not receiving educational services should contact Supervisor of Special Education Emerson Stockton at 735-2187. Programs are available, and the support of all citizens and organizations is solicited in locating children with disabilities in Smith County. Smith County Schools is a recipient of additional IDEA-B ARRA funds and will be dispersed according to IDEA-B rules and regulations. 01-26-17(1T)
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NOTICE TO SCHOOL PATRONS CONCERNING STUDENT RECORDS The schools collect and maintain student records to provide for the growth and development of individual students, to provide information to parents and authorized staff, and to provide a basis for the evaluation and improvement of school programs. Section 438 of the General Education Provisions Act, as amended, sets out requirements designed to protect the privacy of parents and students. Specifically, the statute governs disclosure of records maintained by educational institutions which receive federal funds. In brief, the statute provides that such institutions must provide parents of students access to official records directly related to the students and an opportunity for a hearing to challenge such records on the grounds that they are inaccurate, misleading or otherwise inappropriate; that institutions must obtain the written consent of parents before releasing personally identifiable data about students from records to other than a specified list of exceptions; that parents and students must be notified of these rights transfer to students at certain points; and that an office and review board must be established. This office is the Family Policy Compliance Office of the U.S. Department of Education. They will investigate and adjudicate violations and complaints of this section. A permanent record of a student’s name, address, and phone number, grades, attendance record, and classes attended, grade level completed, and year completed shall be maintained without time limitation. The public agency must inform parents as to where personally identifiable information is to be maintained when it is no longer needed to provide educational services for the child. If it is to be destroyed, the parents must be notified in advance and have a chance to review or copy the records. A copy of the policy and administrative regulations adopted by the Board of Education in compliance with Section 438 of the General Education Provisions Act may be obtained. 01-26-17(1T)
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The Smith County Board of Education will have a Work Session regarding the Individual Geographical Growth Plan on Monday, January 30, 2017, from 5:00-7:00 p.m. at the Smith County Middle School at 134 Smith County Middle School Lane, Carthage, TN 37030. This work session concerns individual geographic growth in all areas of Smith County, but particularly District 5. No official action or vote will take place at this work session. There will be public comments allowed with a maximum of three (3) minutes per person. 01-26-17(1T)
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The 2016 Annual PREA report is available upon request at the Smith County Jail. 01-26-17(2T)
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PUBLIC NOTICE THE TOWN COUNCIL OF GORDONSVILLE WILL HOLD A PUBLIC MEETING AT GORDONSVILLE CITY HALL ON MONDAY, FEBRUARY 13, 2017 AT 6:00 P.M. THE PURPOSE OF THE HEARING IS TO CONSIDER AMENDING GORDONSVILLE MUNICIPAL CODE, TITLE 8, CHAPTER 2, BEER, IN ORDER TO COMPLY WITH THE TENNESSEE CODE ANNOTATED WITH REGARD TO THE DEFINITION OF BEER. ALL INTERESTED CITIZENS ARE ENCOURAGED TO ATTEND. JAMES M. GIBBS, MAYOR 01-26-17(1T)
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