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Interest on said Bonds. at the rate of five and thirty -hundredths per centum (5.301/) per annum, is payable <br />semiannually on March i and September 1 of each year. Certain of the Bonds are redeemable prior to their stated <br />dates of maturity, at the option of the County, upon the terms and conditions and in the manner stated in the <br />Bonds. We have examined one of the Bonds of said issue as executed (Bond No. 1). <br />The Bonds and the coupons appertaining thereto are issued to finance the cost of the acquisition and <br />construction of a solid waste disposal system in Indian River County (hereinafter called "Facilities"), and to <br />refund certain outstanding obligations heretofore issued for said purpose, pursuant to and in full compliance with <br />the Constitution and Statutes of the State of Florida, including Chapter 159, Part 1, Florida Statutes, Section <br />125.01, et seq., Florida Statutes, County Ordinance No. 77-19, enacted on August 3, 1977, and other applicable <br />provisions of law, and a resolution duly adopted by the Board of County Commissioners of said County on <br />November 2, 1977, as supplemented (herein referred to as "Resolution"), and are subject to all the terms and <br />conditions of said Resolution. The Bonds and the coupons appertaining thereto are payable solely from and <br />secured by a prior lien upon and pledge of the Net Revenues derived from the operation of said Facilities and a <br />prior lien on and pledge of the Revenue Sharing Trust Funds, as defined in said Resolution, received by the <br />County pursuant to Chapter 218, Part 11, Florida Statutes, in the manner provided in the Resolution. <br />The Resolution provides that the Bonds shall not constitute an indebtedness of the County and that the <br />holders thereof shall never have the right to require or compel the exercise of the power of the County to levy ad <br />valorem taxes or to tax real estate in the County for the payment of the principal of or interest on the Bonds. <br />The County in said Resolution has covenanted and agreed with the holders of said Bonds to fix, establish <br />and maintain such rates and collect such fees, rentals or other charges for the services of the Facilities and to <br />revise the same from time to time whenever necessary, as will always provide revenues in each year sufficient to <br />pay (1) one hundred per centum (100%) of all operating and maintenance costs of the Facilities in such year, (2) <br />one hundred per centum (100%) of all required deposits into the Reserve Account in the Sinking Fund and into <br />the Renewal and Replacement Fund established by the Resolution in such year, and (3) one hundred fifteen per <br />centum (115%) of the amount of principal and interest becoming due in such year on the Bonds and on all other <br />obligations payable on a parity therewith, and that such rates, fees, rentals or other charges shall not be reduced <br />so as to be insufficient to provide adequate revenues for such purposes; and the County has entered into certain <br />further covenants with the holders of said Bonds for the terms of which reference is made to the Resolution. <br />The County has reserved the right to issue additional parity obligations payable on a parity with the Net <br />Revenues of the Facilities as to lien and security with the Bonds, provided certain requirements of the Resolution <br />are complied with. <br />In our opinion (1) the Bonds are valid and legally binding special obligations of the County payable solely <br />from the Net Revenues derived by the County from the operation of the Facilities and from the Revenue Sharing <br />Trust Funds, as defined in the Resolution, in the manner provided in the Resolution; (2) the County is legally <br />obligated to collect, receive, hold and apply such special funds in accordance with the provisions of the <br />Resolution, and (3) the interest on the Bonds is exempt from Federal Income Taxes under existing statutes and <br />court decisions. <br />Respectfully submitted, <br />FREEMAN, RICHARDSON, WATSON, SLADE, <br />McCARTHY & KELLY, P.A. <br />C-2 <br />AN 181978 eoo 33 PAGE •JUU <br />