Loading...
HomeMy WebLinkAbout1/18/1978m J WEDNESDAY, JANUARY 18, 1978 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA, ON WEDNESDAY, JANUARY 18, 1978, AT 8:30 O'CLOCK A.M. PRESENT WERE WILLIAM C. WODTKE, JR., CHAIRMAN; ALMA LEE Loy, VICE CHAIRMAN; WILLARD W. SIEBERT, JR.; EDWIN S. SCHMUCKER; AND R. DON DEESON, ALSO PRESENT WERE JACK G. JENNINGS, COUNTY ADMINISTRATOR; GEORGE G. COLLINS, JR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS AND VIRGINIA HARGREAVES, DEPUTY CLERK. THE CHAIRMAN CALLED THE MEETING TO ORDER. COMMISSIONER DEESON LED THE PLEDGE OF ALLEGIANCE TO THE FLAG, AND REVEREND JAMES RATCLIFF OF CHRIST UNITED METHODIST -BY -THE -SEA GAVE THE INVOCATION. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF DECEMBER 21, 1977. COMMISSIONER DEESON REQUESTED THAT ON PAGE 64, LAST PARAGRAPH, "ACESS" BE CORRECTED TO READ "ACCESS." THIS CORRECTION HAVING BEEN MADE, ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF DECEMBER 21, 1977, AS WRITTEN. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED APPLICATION FOR A PERMIT TO CARRY A CONCEALED FIREARM OF THE FOLLOWING; �OBERT J. SCHASANE REDERICK C. ALLEN ENRY W. HELWIG ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED RENEWAL APPLICATION FOR A PERMIT TO CARRY A.CONCEALED FIREARM OF THE FOLLOWING: HUBERT MA$ONTET DONAL L. gANCOCK RED PAULSON ERNAOD rAZ, JR. RED REUTHAN CLARENCE . BAKER mmm BCOK 33 PAGE �•. K I r ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR JUDITH A. WAKEFIELD, COUNTY EXTENSION AGENT, AND PETE SPYKE, AGRICULTURAL AGENT, AS FOLLOWS: FEBRUARY 8 FORT FIERCE XTENSION SERVICE STAFF MEETING WITH ER. CALLOWAY AND AGENTS IN OTHER COUNTIES IN THIS AREA TO DISCUSS AD- MINISTRATIVE AND PROGRAM FUNCTIONS. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED STATE WITNESS PAYROLLS, CIRCUIT COURT, FALL TERM, 1977, IN THE AMOUNTS OF $67.02 AND $37.00. THE FOLLOWING REPORTS WERE RECEIVED AND PLACED ON FILE IN THE OFFICE OF THE CLERK: AUDIT ON A CO NITS AND RECORDS OF 3�1jE FORMER PROPERTY APPRAISER, AAL AUDIT - IN I �JAKIVER MO-SQUITO CONTROL DISTRICT, YEAR ENDED UARY ANNUAL 30YY RUNTY WELFARE DEPARTMENT, NOVEMBER, 1977 U�1TY COUR , REC[EPT FOR % SIS OF COUNTY FUNDS - FROM SHERIFF JPECIAL RUST h ND - $1,46 ./ RAFFIC VIOLATION BUREAU - NOVEMBER FIN NCIALFQREP R RAFFIC INE ICIPALITYj PADECEMBAOVE1 5 �9�7 RAFFIC IOLATION , DANA HOWARD, ENGINEER, OF CARTER ASSOCIATES, INC., APPEARED REQUESTING TENTATIVE APPROVAL OF CHARLES SUBDIVISION, WHICH IS LOCATED NORTH OF SEBASTIAN, EAST OF U.S. #1, WEST OF OLD DIXIE HIGHWAY AND ABOUT 900' WEST OF THE INDIAN RIVER. MR. HOWARD STATED THAT THEY HAVE DONE EVERYTHING REQUIRED BY THE SUBDIVISION REVIEW COMMITTEE EXCEPT THE ULTIMATE DRAINAGE PLAN, AND HE DOES NOT ANTICIPATE ANY PROBLEM WITH THE DRAINAGE AS MOST OF THE WATER WILL BE RETAINED ON SITE AND PRO- VISIONS WILL BE MADE FOR EXCESS RUN-OFF. ADMINISTRATOR JENNINGS NOTED THAT THIS SUBDIVISION IS ON A HIGH SAND RIDGE AND HE WOULD NOT ANTICIPATE ANY DRAINAGE PROBLEMS FROM IT. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL TO CHARLES SUBDIVISION. ALVARO POSADA APPEARED BEFORE THE BOARD REPRESENTING DONALD DRINKARD IN REQUESTING A SPECIAL EXCEPTION TO ORDINANCE 74-20 IN ORDER TO BUILD A HOUSE ON THIS PROPERTY. 2 JAN 181978 a�,"ay BCOK �3 P►j E 4'33 c ZONING DIRECTOR WALKER PRESENTED DEEDS SHOWING THAT MR. DRINKARD STILL OWNS 100' OF THIS PROPERTY, WHICH HE PREVIOUSLY DIVIDED WITH HIS BROTHER, AND HAS OWNED IT SINCE 1973, MR. WALKER STATED THAT ,c THERE ARE 10 OR 11 HOUSES ON PELICAN LANE, AND THIS IS A ROUTINE REQUEST. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY GRANTED A SPECIAL EXCEPTION TO ORDINANCE 74-20 TO DONALD DRINKARD SO HE MAY BUILD A RESIDENCE ON HIS PROPERTY. GEORGE BRAKEY APPEARED REPRESENTING MARTHA LIGHTENBERG,. WHO IS ALSO REQUESTING A SPECIAL EXCEPTION IN ORDER TO BUILD A HOUSE ON HER PROPERTY WHICH SHE HAS OWNED SINCE 1957. MR. WALKER PRESENTED ATTORNEY COLLINS WITH A DEED WHICH VERIFIES MRS. LIGHTENBERG'S OWNERSHIP. DISCUSSION FOLLOWED AS TO ACCESS TO THE PROPERTY, AND MR. BRAKEY STATED THAT THERE IS LAND SET ASIDE FOR A RIGHT-OF-WAY, AND MRS. LIGHTENBERG DOES HAVE A LEGAL WAY IN AND OUT. COMMISSIONER SIEBERT POINTED OUT THAT NO LEGAL INGRESS AND EGRESS IS SHOWN IN MRS. LIGHTENBERG'S DEED. ZONING DIRECTOR WALKER STATED THAT OTHERS IN THIS NEIGHBOR- HOOD DO HAVE DEEDS SHOWING INGRESS AND EGRESS, BUT FOR SOME REASON, MRS. LIGHTENBERG'S DEED DOESN'T SHOW IT. MR. BRAKEY STATED THAT THERE IS A 20'-30' EASEMENT THERE, BUT NO ONE OWNS IT. IT WAS NOTED THAT SOMEONE MUST OWN IT, PROBABLY THE ORIGINAL OWNERIAND THIS MUST BE DETERMINED. ATTORNEY COLLINS NOTED THAT THE SPECIAL EXCEPTION COULD BE APPROVED SUBJECT TO VERIFICATION THAT THERE IS LEGAL ACCESS TO THE PROPERTY. MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER SCHMUCKER, TO GRANT A SPECIAL EXCEPTION TO ORDINANCE 74-20 TO MRS. MARTHA LI-GHTENBERG SUBJECT TO VERIFICATION THAT THERE IS LEGAL ACCESS TO HER PROPERTY. MR, BRAKEY INFORMED THE BOARD THAT THE PROPERTY APPRAISER'S RECORDS DO NOT SHOW THIS EASEMENT, AND IT IS NOT ON THE TAX ROLL. ATTORNEY COLLINS STATED IT WOULD APPEAR THE APPLICANT DOES NOT NOW HAVE LEGAL ACCESS, AND -THIS MUST BE CLARIFIED. HE SUGGESTED THAT MR. BRAKEY TRY TO CONTACT THE ORIGINAL OWNER OF THIS TRACT OF LAND. W JAN 18 1978 re �CGK v3 fAGc 4P4 m THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. ADMINISTRATOR KENNINGS INFORMED THE BOARD THAT INTERGOVERN- MENTAL COORDINATOR THOMAS, WHO IS ABSENT TODAY BECAUSE OF ILLNESS, WISHES TO ATTEND A SEMINAR IN REGARD TO REVENUE SHARING REGULATIONS. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR INTER- GOVERNMENTAL COORDINATOR THOMAS TO ATTEND A SEMINAR TO BE HELD BY THE DEPARTMENT OF COMMUNITY AFFAIRS ON REVENUE SHARING REGULATIONS IN ORLANDO ON FEBRUARY 2, 1978. IT WAS DECIDED TO HOLD OVER ITEM 7 IN REGARD TO ADVERTISING FOR BIDS ON COUNTY -OWNED PROPERTY UNTIL INTERGOVERNMENTAL COORDINATOR THOMAS COULD BE PRESENT. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY PLACED THE ABOVE ITEM ON THE AGENDA FOR THE FIRST MEETING IN FEBRUARY. COMMISSIONER SCHMUCKER DISCUSSED THE RESIGNATION OF JERRY CUMMINGS FROM THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE, AND NOTED THAT HE HAS JUST RECEIVED A LETTER FROM THE WEST WABASSO PROGRESSIVE CIVIC CLUB SUGGESTING TWO APPOINTMENTS. HE FELT THE COMMITTEE SHOULD HAVE A CHANCE TO REVIEW THE INFORMATION JUST RECEIVED BEFORE ANY APPOINTMENTS ARE MADE, THE BOARD AGREED AND DECIDED TO HOLD OFF OFFICIALLY ACCEPT- ING MR. CUMMINGS' RESIGNATION UNTIL THE NEXT REGULAR MEETING. THE ADMINISTRATOR REQUESTED THAT ITEM 7 ON THE AGENDA IN REGARD TO ADVERTISING COUNTY -OWNED PROPERTY FOR SALE BE CONSIDERED TODAY. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AGREED TO RECONSIDER ITEM 7. ADMINISTRATOR .JENNINGS NOTED THAT THIS PROPERTY IS AN ISOLATED PIECE LYING_ SOUTH OF THE SOUTH RELIEF CANAL AND STATED HE WOULD RECOMMEND THAT IT BE APPROVED FOR ADVERTISING. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE INTERGOVERNMENTAL COORDINATOR TO ADVERTISE FOR BIDS ON THE 2-1/2 ACRE PARCEL OF LAND LYING BCOK 33 PAGE Z'l_J_ i M 2 NORTH OF PROPERTY OWNED BY MOHAWK HOMES AND SOUTH OF THE SOUTH RELIEF CANAL, KNOWN AS TAX PARCEL #1333 3900 5000 040,0. ELAINE HALE OF THE NORTH INDIAN RIVER COUNTY.RECREATION COMMITTEE CAME BEFORE THE BOARD REPRESENTING CHAIRMAN LEWIS GRAY, WHO COULD NOT BE PRESENT; AND REPORTED THAT THEY HAVE BEEN SUCCESSFUL WITH THEIR PROGRAM THE PAST TWO.YEARS BUT IN ORDER TO GROW AND ADD NEW PROGRAMS, THEY NEED TO HAVE A COORDINATOR AND ASSISTANT COORDINATOR SHE CONTINUED THAT THEY WILL NEED THE BOARD'S ASSISTANCE IN REGARD TO SALARIES, AS SET OUT IN LETTER FROM MR.GRAY AS FOLLOWS: • NORTH INDIAN RIVER COUNTY RECREATION, INC. P.O. Box 38 Fellsmere, Florida 32948 Jan. 6, 1978 Board of County Commissioners Indian River County Courthouse Vero Beach', Florida 32960 Dear -Members of the Board of County Commissioners; The members of the North Indian River County Recreation Committee would like to inform you of our past progress and our .future plans and needs. Since the beginning of this program we have successfully completed several projects which include: 1. The complete rebuilding of the Softball Field located in the City Of Fellsmere. 2. The beginning of a new Little League practice field in Roseland. ' 3. We have also begun programs to try and involve the Citizens of the entire North County from age 5 to age 100+ in a leisure time activity. •4. Ile have tried to add equipment for use in playgrounds to areas which are now growing beyond their present capabilities. S. We have purchased program equipment to keep up -with the growth of acitvities so we may continue to offer these at the same level of euality.as when we began. 6. For the past two years we have had a very successful T -League program which has consisted on two teams and we are horeful this year to have four or more teams. 7. We have also had our organization Incorpotated as you requested. In regards to our future plans this year we intend to: t 1. Purchase the necessary program equipment to keep up with our slow but steady growth pattern. 2. To build a Combination Football and Soccer field •in cooperation with the City of.Sebastian. 3.' Furnish a water supply to the Roseland Field. 4. Build Restroom facilities in the same location as the Tennis Courts and Football/Soccer field. S. To complete the area Playground equipment needs, so all the parks will have the same high quality of use potential. The Cities of Sebastian and Fellsmere, supply'us with the use ° of•all their facilities, do all mainterice, pay all electric and phone'bills, and supply most of the office supplies.' Last year the figures for these In Kind Services were: Sebastian $7,804.77, Fellsmere $4,085.01. 5 BCOK ul3 PAGE ��,�� R �J If we are to continue to maintain our present high standards, and continue to grow we will require your assistance in the areas *of salaries for our Coordinator and the addition of an Assistant. The funds we would require for this would be: $8,500.00 for the Coordinator and $7,S00.00 for the Assistant. If we recieve an Assistant we will be able to: 1. Initiate an after school program for teens in both Sebastian and Fellsmere. Z. Expand our present.activity program into other areas. 3.• We will also no longer find it necessary to close down any program area because no one is available to Supervise, if the Coordinator must attend a meeting in another location. A. The YMCA at the present time runs a physical program in Sebastian, and we would possibly be able to begin .such a program in Fellsmere. And in the event that the PICA finds it necessary to discontinue their program we will be able to pick it up.. ode thank you for any help you can give us in this matter. Sincerely, Lewis E. Gray, Chairman North IRC Recreation, Committee PERSONNEL DIRECTOR DONLON EXPLAINED THAT HE MET WITH MR. GRAY AND MAYOR FLOOD OF SEBASTIAN AND HAS DETERMINED THERE ARE FUNDS AVAILABLE UNDER THE PUBLIC WORKS GRANT TO HIRE THESE PEOPLE AND ASSIGN T14EM TO THE NORTH COUNTY RECREATION PROGRAM. THEY, THEREFORE, ARE NOT ASKING FOR ADDITIONAL BUDGETED FUNDS, CHAIRMAN WODTKE NOTED THAT THIS IS ALSO THE MONEY WE ARE GOING TO USE TO HIRE A PLANNER TO HELP THE MUNICIPALITIES WITH THEIR COMPREHENSIVE LAND USE PLANS. MR. DONLON STATED THAT AT THE PRESENT TIME WE HAVE ABOUT ZQ EMPLOYEES IN THE ROAD & BRIDGE DEPARTMENT HIRED UNDER THI'S PROGRAM, BUT WITH THE HIGH RATE OF TURN—OVER, WE ALWAYS SEEM TO END UP WITH A SURPLUS OF FUNDS. MRS. HALE EXPLAINED THAT THEIR COORDINATOR AT PRESENT IS WORKING UNDER A CETA PROGRAM THROUGH THE CITY OF FELLSMERE, BUT THIS HAS NOT BEEN A STABLE -SITUATION. DISCUSSION FOLLOWED, AND IT WAS NOTED THAT THE COORDINATOR AND ASSISTANT WOULD WORK FOR FELLSMERE, SEBASTIAN AND ROSELAND AND JAN 181,978 I � ecoK 33 PA -t3 m 6 WOULD BE RESPONSIBLE TO THE NORTH INDIAN RIVER COUNTY RECREATION COMMISSION. MRS. HALE INFORMED THE BOARD THAT THEIR COORDINATOR AT PRESENT MAKES $6,200 PER YEAR, NOT COUNTING INSURANCE, WORKMEN'S COMPENSATION, ETC. SHE ALSO TAKES MILEAGE OVER AND ABOVE THE $6,2004 MRS. HALE NOTED THAT THE COORDINATOR NOW WORKS ON A HIT -AND -MISS BASIS, BUT WITH AN ASSISTANT COULD COVER THE WHOLE AREA AND WOULD BE WORKING MORE THAN 40 HOURS A WEEK. PERSONNEL DIRECTOR DONLON POINTED OUT THAT THESE POSITIONS WILL BE FULL TIME POSITIONS. THE JOB AT.PRESENT IS ACTUALLY A PART-TIME JOB. COMMISSIONER DEESON STATED THAT HE FEELS THIS HAS BEEN AN EFFECTIVE PROGRAM AND HAS DONE A LOT FOR THE AREA, BUT AGREED THAT THIS 1S TOO LARGE AN AREA FOR ONE PERSON TO COVER EFFECTIVELY. MOTION WAS MADE BY COMMISSIONER DEESON, SECONDED BY COMMIS- SIONER Loy, TO USE PUBLIC WORKS FUNDS TO FUND THE SALARIES FOR A 000RDI- NATOR AND AN ASSISTANT COORDINATOR FOR NORTH INDIAN RIVER COUNTY RECREATION. DISCUSSION FOLLOWED, AND CHAIRMAN VIODTKE STATED THAT HE WOULD BE IN FAVOR OF THE MOTION PROVIDED THE INTENT IS THAT THE SALARY FIGURE AS SET OUT IN MR. GRAY'S LETTER INCLUDES ALL FRINGE BENEFITS. COMMISSIONER DEESON AND COMMISSIONER Loy -RESTATED THE MOTION AS FOLLOWS: THAT THE BOARD APPROVE THE USE OF PUBLIC WORKS FUNDS TO FUND THE SALARIES FOR A COORDINATOR AND AN ASSISTANT COORDINATOR FOR NORTH INDIAN RIVER COUNTY RECREATION; THE INTENT BEING THAT THE SALARIES AS SET OUT IN MR. GRAY'S LETTER OF .JANUARY 6, 1978, INCLUDE ALL FRINGE BENEFITS. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. THE HOUR OF 9:30 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT: JAN 18 1978 7 ECOK 33 fn �•� VERO BEACH PRESS -JOURNAL F Published Weekly Vero Beach, Indian River County, Florida NOTICE OF SALE ` OFREAL ESTATE Pursuant to Florida Statute 125.35, the Board 'of County Commissioners of Indian River County, Florida will accept written bids to the COUNTY OF INDIAN RIVER: hour of 9:30 o'clock a.m., Wednesday, January STATE OF FLORIDA 18, 1978, for the cash purchase of the following Before the undersi ned authority rsonall appeared J. J. Schumann, Jr, who on oath g y y says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published described County properties: SW 1/4 of Tract 715 Less W 92.25 feet, con - taining 7.9 acres located in the Fellsmere at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being Farms Company Subdivision. Described on Notice of Sale of Real Estate - Written bids. the tax roll as 00-32.37-03.0715.003.0. LOT 29, BLOCK 22, Royal Park Subdivision, located on Royal Palm Place, Vero Beach—as a shown on Plat Book, St. Lucie S Page 30. LOT 16, BLOCK 97, as shown in Plat Book, in the matter of L D t 29, Block -22si Lot 169 B . Lucie 2, Page 3 and 4 described on the tax roll as 00-31-37-09-0970-016.0 located in the Town r of Fellsmere, Florida. The Board of County Commissioners reserve Block 97 the right to reject any or all of the bids and make awards in any manner which the Board considers to be in the best interest of Indian In the County Court; was pub- R per bidsn ha I Florida.befor a cash purchase, in writing by legal description as listed above and shall include a check payable to Indian River fished in said newspaper in the issues of Ian 1 . 8 . 197A County for ten per cent (10 percent) of the bid price — with the balance due five (5) days after acceptance, submitted in an envelope securely sealed and marked on the outside "SEALED BID FOR COUNTY LAND — JANUARY 18, 1978 AT 9:30 O'CLOCK A.M." Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore The bids may be mailed or delivered to the office of the County Administrator, Room 115, Courthouse, Beach, Florida Countyisreceived been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida afteeror ry 18, Proposals received after 9:30 a.m. January 16, 1978, will be returned unopened. for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or BOARD OF COUNTY r O M- MISSIONERS, corporation any discount, rebate, commission or refund for the purpose of securing this adver. INDIAN RIVER COUNTi;-FL6!Rl1?!A William C. WodtkeJr. tisement for publication in the said newspaper. Chairman Sworn to and subscribed before me this 13th da of Jan. A.D. 1978 Jan. 1, 8, 1978. 1 onager) Is Z (Clerk of the Circuit Court, Indian i r County, Florida) (SEAU THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE WITH THE NOTICE, AND THE FOLLOWING SEALED BIDS WERE RECEIVED, OPENED AND READ: J. C. STANLEY LOT 16, BLK. 97, FELLSMERE $ 500.00 .-J. C. STANLEY SIS 1/4 TRACT 715, FELLSMERE $5,110.00 J. C. STANLEY LOT 29, BLK. 22, ROYAL PARK $5,276.00 DIANNE RENNICK LOT 29, BLK. 22, ROYAL PARK $3,610.00 JOYCE DABBS LOT 16, BLK. 97, FELLSMERE $ 900.00 J. M. BERRY S!'! 1/4 TRACT 715, FELLSMERE $5,025.00 MIKE EKONOMOU LOT 29, BLK. 22, ROYAL PARK $5,800.00 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE ABOVE BIDS BEING REFERRED TO THE INTERGOVERNMENTAL COORDINATOR FOR EVALUATION. 8 JAN 181978 bca 33 PAa �pS� I c .JOSEPH STEINITZ CAME BEFORE THE BOARD TO DISCUSS THE TRAFFIC PROBLEM ON 6TH AVENUE THROUGH ROCKViDGE. HE NOTED THAT SINCE HE WROTE THE BOARD COMPLAINING ABOUT THIS SITUATION, HE HAS LEARNED THAT A GOOD MANY MORE CONDOMINIUM UNITS ARE GOING TO BE BUILT ON 6TH AVENUE SOUTH OF 12TH STREET, WHICH MAKES IT EVEN MORE IMPERATIVE THAT THIS TRAFFIC BE CONTROLLED PROPERLY. MR. STEINITZ STATED THAT THE TRAFFIC SITUATION IS NOW OUT OF HAND; THAT MAIL BOXES AND ANIMALS ARE NOT SAFE, AND IT IS TOO DANGEROUS TO WALK ON 6TH AVENUE. HE NOTED THAT THIS IS DEFINITELY A RESIDENTIAL AREA AND HE DOES NOT FEEL THAT BIG TRUCKS AND TRACTOR TRAILERS SHOULD BE ALLOWED TO GO THROUGH IT. HE CONTINUED THAT HE WOULD LIKE TO SEE THE SPEED LIMIT CUT DOWN FROM 35 M.P.H. TO 25 M.P.H. BECAUSE THE POLICE DEPARTMENT DOES NOT ENFORCE THE 35 M.P.N. REGULATION. MR. STEINITZ INFORMED THE BOARD THAT HE HAD GOTTEN SHERIFF .JOYCE TO SEND A DEPUTY TO DO A TRAFFIC CHECK, AND IN THE 25 MINUTES THE DEPUTY CLOCKED THE TRAFFIC, 80% OF THE VEHICLES PASSING WERE VIOLATING THE TRAFFIC REGULATIONS, BUT THE DEPUTY WOULD NOT ISSUE A TICKET UNTIL SOMEONE WENT 50 M.P.H. CHAIRMAN WODTKE NOTED THAT BASICALLY MR, STEINITZ WAS SAYING THAT HE WOULD HAVE NO PROBLEM IF THE CARS WOULD COMPLY WITH A 35 M.P.H. SPEED LIMIT, AND THAT HE FELT IF THE LIMIT WERE MADE 25 M.P.H., CARS WOULD THEN TRAVEL 35 M.P.H. THE CHAIRMAN NOTED THAT THIS IS AN IM— PORTANT ARTERIAL ROAD, AND HE DOES NOT LIKE THE IDEA OF LOWERING THE LIMIT TO 25 M.P.H. JUST TO ACCOMPLISH GETTING THE SPEED DOWN TO 35 M.P.H.' HE ALSO NOTED THAT THERE IS A SIGN IN REGARD TO TRUCK TRAFFIC AT THE INTERSECTION OF 6TH AVENUE AND U.S.E. MR. STEINITZ STATED THAT THE SIGN THE CHAIRMAN REFERRED TO HAS BEEN DOWN FOR A LONG TIME, AND HE FELT IT SHOULD BE LOCATED ON U.S. 1 RATHER THAN ON 6TH AVENUE. ADMINISTRATOR JENNINGS POINTED OUT THAT THE ROAD & BRIDGE DEPARTMENT SHOULD BE NOTIFIED WHEN THESE SIGNS ARE DOWN, AND THEY WILL BE PUT BACK UP PROMPTLY. DISCUSSION CONTINUED IN REGARD TO LOCATING THE SIGN IN REGARD TO TRUCK TRAFFIC ON U.S.I.SOUTH OF KENNEDY'S, AND COMMISSIONER SIEBERT FELT WE COULD HAVE THE DOT STUDY THIS. - 0 8COK j PAi I c COMMISSIONER Loy POINTED OUT THAT THERE ARE SIGNS DOWN ALL ALONG 6TH AVENUE BECAUSE OF THE CONSTRUCTION GOING ON THERE NOW, SHE AGREED THERE IS A REAL TRAFFIC PROBLEM, BUT NOTED THAT THE 17TH STREET BRIDGE WILL HAVE A GREAT IMPACT ON THE TRAFFIC PATTERN IN THIS AREA WHEN IT IS COMPLETED, MR. STEINITZ ARGUED THAT OTHER RESIDENTIAL AREAS, SUCH AS MOCKINGBIRD DRIVE ON THE BEACH, HAVE 25 M.P.H. SPEED LIMITS, BUT THE BOARD DID NOT FEEL THIS WAS A VALID COMPARISON. HE CONTINUED THAT IT WAS A MUCH BETTER SITUATION WHEN THE ROAD WAS NOT PAVED. THE ADMINISTRATOR REMINDED HIM THAT THE RESIDENTS OF THIS AREA SIGNED A PETITION AND WORKED HARD FOR SOME TIME TO GET THIS ROAD PAVED. THE ADMINISTRATOR DID AGREE THAT THIS IS A DANGEROUS ROAD, ESPECIALLY AT THE SOUTH END. COMMISSIONER SIEBERT STATED , AS FAR AS THE SPEED LIMIT GOES, MR. STEINITZ SAID THE 35 M.P.H. WOULD BE SATISFACTORY IF IT WERE OBEYED. HE POINTED OUT THAT THE BOARD CANNOT ENFORCE THE LAWS THEY CAN ONLY SET THE LIMIT, HE ALSO FELT THE 17TH STREET BRIDGE WILL HAVE A GREAT AFFECT ON THIS STREET AND DISCUSSED THE POSSIBILITY OF EVENTUALLY CUTTING OFF THE 6TH AVENUE ENTRANCE INTO U.S. 1, COMMISSIONER SIEBERT CONTINUED THAT HE DID NOT THINK WE COULD DEPEND ON MR. STEINITZ'STATEMENT THAT THE SHERIFF WILL ALLOW PEOPLE TO GO 13 MILES OVER THE SPEED LIMIT AND SUGGESTED THAT WE REQUEST THE SHERIFF'S DEPARTMENT TO ENFORCE THIS SPEED LIMIT STRICTLY. CHAIRMAN WODTKE INFORMED MR. STEINITZ THAT WE WILL CONTACT THE SHERIFF AND ASK FOR STRICT ENFORCEMENT OF THE SPEED LIMIT AND LOAD LIMIT AND WILL HAVE THE SIGNS PUT BACK UP, HE REQUESTED MR. STEINITZ TO REPORT BACK IF THERE IS NO IMPROVEMENT. FRANK ZORC INFORMED THE BOARD THAT HE HAD DISCUSSED THIS TRAFFIC PROBLEM WITH CONDOMINIUM OWNERS IN THE AREA AND THE SUBJECT OF A SIDEWALK CAME UP, HE ASKED THAT IT BE PUT ON RECORD THAT IF THE COUNTY WOULD COOPERATE, HE WOULD OFFER TO BUILD THE SIDEWALK. 10 KKK 33 PAUE ���. a LEON YOUNG CAME BEFORE THE BOARD REPRESENTING THE NEWLY FORMED UNITED CITIZENS IMPROVEMENT ASSOCIATION TO DISCUSS THE NEED FOR A HOUSING AUTHORITY AS REQUESTED BY REVEREND DIAMOND, AND READ THE FOLLOWING LETTER, WHICH IS HEREBY MADE A PART OF THE MINUTES, UNITED CITIZENS IMPROVEMENT ASSOCIATION Gifford, Florida January 18, 1978 Mr. William C. Wodtke Jr. Chairman, Board of County Commissioners Indian River County Vero Begch, Florida 32960 Dear Mr. Wodtke and Members of the Board; This is to.inform you that representatives of nine conAunity organizations in Gifford have approved waking this request to the Board of County Commissioners, Indian River County. We are inforning you by letter and through representation that the United Citizens Improvement Association of Gifford strongly supports improving the housing conditions in our community and that ways and mens be made to establish a housing program to solve the problems in this. Therefore, the organizations are requesting that you appoint a special new housing committee to proceed with a thorough study on a housing authority; that this committee be given permission to ,review previous studies and reports related to a housing authority for Indian River County and that the Board of County Commissioners explore all channels of setting up a housing authority. Our organizations will be available to assist with up to date information on our local situation aAd we will meet with the'com:aittee if.needed. We ask for your full support and.early approval of establishing such a committee and request that the group report bask to you after it uonth's study. We are appealing that, the Board of County Commissioners support plans for formation of a housing authority and assist the cohmittee with um BCOK 33Av 4i14. R its study of the problem. We ask your full support. If, for any reason the board disapproves this request, we would be willing to sit and discuss this matter in a special meeting at a convient time for both parties. Thank you very :ouch for cooperation and prompt attention regarding this request. Representatives of the following organizations: Gifford, Jaycees Gifford N.A.A.C.P. Gifford Progressive Civic League Matrons Federated Club Community Recreation Association Masonic Lodge 347 Afro-American Council of Churches Moonglow Womens Club Ministerial Alliance of Gifford aid Wabasso Thanking you for your early approval..., - r • � Respect-funlly, J. Ralph Lundy United Citizens Improvement Association President MR. YOUNG POINTED OUT THAT THERE IS A DEFINITE HOUSING SHORT- AGE IN THE COUNTY DUE TO THE EVER INCREASING COMMERCIAL BANK INTEREST RATES AND THE FACT THAT LOW INCOME WAGE EARNERS CANNOT QUALIFY FOR SHORT-TERM CONVENTIONAL LOANS, AND THEY, THEREFORE, BELIEVE THERE IS A GREAT NEED FOR A HOUSING AUTHORITY. HE INFORMED THE BOARD THAT THEY HAVE IN THEIR POSSESSION A GREAT DEAL OF INFORMATION CONCERNING HOUSING AUTHORITIES AND THE SETTING UP OF SAME, WHICH HE WOULD BE GLAD TO LEAVE WITH THE BOARD FOR THEM TO REVIEW. CHAIRMAN WODTKE INFORMED HIM THAT THE BOARD HAS DONE SOME RESEARCH ON THIS SUBJECT ALSO AND HAS GATHERED TOGETHER A LARGE PACKET OF INFORMATION. THE CHAIRMAN CONTINUED THAT, AFTER READING ALL THIS INFORMATION ON THE PREVIOUS COMMITTEE `S FINDINGS, HE FEELS THE SITUATION HAS CHANGED AND THAT IT NOW WOULD BE VERY BENEFICIAL FOR A PROPERLY STRUCTURED AND REPRESENTATIVE COMMITTEE TO TAKE THIS WEALTH OF INFORMA- TION AND DO FURTHER STUDY AS TO OUR PRESENT NEEDS. HE NOTED THAT COMMISSIONER LOY AND COMMISSIONER SIEBERT HAVE BOTH STUDIED THIS MATTER BEFORE AND AGREE THAT THE SITUATION HAS CHANGED. 11 AN N 181978 - �CGK 33a�,c 4 ATTORNEY COLLINS INFORMED THOSE PRESENT THAT THE STATUTES; • MAKE A COMPLETE DISTINCTION BETWEEN HOUSING AUTHORITIES SET UP BY MUNICI- PALITIES AND THOSE SET UP BY COUNTIES. A COUNTY AUTHORITY, THEREFORE, WOULD NOT HAVE ANY JURISDICTION WITHIN A MUNICIPALITY. HE NOTED THAT ALTHOUGH THESE ENTITIES HAVE TO BE COMPLETELY SEPARATE, THEY COULD WORK TOGETHER. HE CONTINUED THAT THE COUNTY COMMISSION MAKES THE DETERMINA- TION THAT A HOUSING AUTHORITY IS NECESSARY AND THEN APPOINTMENTS ARE MADE ON A STATE LEVEL. THE CHAIRMAN NOTED THAT IF GIFFORD WERE INCORPORATED, THEY WOULD HAVE TO FORM THEIR OWN HOUSING AUTHORITY AS THE COUNTY COULDN'T DO IT. COMMISSIONER LOY FELT WE SHOULD TAKE THE REQUEST PRESENTED TODAY AND TRY TO DOVETAIL IT WITH A STUDY COMMITTEE THAT WILL ACCOMPLISH THE PURPOSE. COMMISSIONER SIEBERT AGREED IF WE ARE GOING TO ESTABLISH A COMMITTEE FOR THE ULTIMATE GOAL OF ESTABLISHING A HOUSING AUTHORITY, WE SHOULD TAKE THE TIME TO SET UP A PROPER COMMITTEE. CHAIRMAN WODTKE STATED THAT IT WILL TAKE A FEW WEEKS TO FORMULATE A PROPER COMMITTEE, AND THEN IT WILL TAKE THE COMMITTEE SOME TIME TO STUDY THE MATTER AFTER THAT, REVEREND DIAMOND ASKED IF IT IS POSSIBLE TO FORM THE COMMITTEE WITHIN A MONTH AND HAVE SOME OBJECTIVES AND GOALS OUTLINED AND A PROJECTION AS TO WHEN THE PLAN WILL BE COMPLETED. CHAIRMAN WODTKE POINTED OUT THAT IT IS THREE WEEKS UNTIL THE NEXT COMMISSION MEETING WHEN THE COMMITTEE CAN BE FORMED BY RESOLUTION, AND WE CAN AT THAT TIME CHARGE•THE COMMITTEE WITH WHAT WE BASICALLY WANT THEM TO DO AND CAN ASK THEM TO EXPEDITE THINGS, BUT HE DID NOT FEEL THAT WE SHOULD SET A DEADLINE RIGHT NOW AS THIS WILL BE AN INVOLVED STUDY. REVEREND DIAMOND AGREED, BUT FELT THE COMMITTEE SHOULD PROJECT SOME KIND OF A TIME SCHEDULE, FRANK ZORC INFORMED THOSE PRESENT THAT HE WAS INVOLVED IN THE REQUEST FOR A HOUSING AUTHORITY BACK IN 1971 AND ALSO IS CLOSELY ASSOCIATED WITH ST. FRANCIS MANOR, WHICH IS THE ONLY LOW COST HOUSING SYSTEM AVAILABLE IN VERO BEACH. MR. ZORC CONTINUED THAT MANY OF THE RESIDENTS OF ST, FRANCIS MANOR HAVE AN'INCOME OF ONLY ABOUT $200-250 12 MR 33 PAGE X44 � v 4 PER MONTH AND NEED FEDERAL FUNDS FOR A RENT SUBSIDY. HE STATED THAT HE IS WHOLE-HEARTEDLY FOR THE ESTABLISHMENT OF A HOUSING AUTHORITY AS IT IS ALMOST IMPOSSIBLE TO GET FEDERAL FUNDS WITHOUT ONE, AND FELT THE POSSIBILITY OF A JOINT CITY -COUNTY AUTHORITY SHOULD BE EXPLORED. MR. ZORC CONTINUED THAT IF THE COUNTY HAS ANY LAND AVAILABLE IN THE GIFFORD AREA, THE SAME MEN WHO DEVELOPED ST. FRANCIS MANOR WOULD LIKE TO EXPLORE THE POSSIBILITY IN THE GIFFORD AREA. LEON YOUNG THEN BROUGHT UP THE MATTER OF A TRAFFIC LIGHT AT NORTH GIFFORD ROAD AND U.S. #1, WHICH IS PRESENTLY DESIGNATED AS A SCHOOL CROSSING, HE NOTED THERE HAVE BEEN A NUMBER OF ACCIDENTS THERE LATELY AND FELT THE LIGHT SHOULD BE MADE'AVAILABLE TO DIRECT TRAFFIC AS WELL AS FOR PEDESTRIAN CROSSING. HE ASKED THAT THE BOARD LOOK INTO THE POSSIBILITY OF HAVING THIS LIGHT MOVED OVER TO DIRECT TRAFFIC. ADMINISTRATOR JENNINGS STATED THAT THIS PROBLEM WAS BROUGHT TO HIS OFFICE BY THE SHERIFF'S DEPARTMENT RECENTLY AND WAS ALSO BROUGHT UP A WEEK AGO AT THE COMMUNITY DEVELOPMENT BLOCK GRANT MEETING. HE CONTINUED THAT SINCE THAT TIME HE HAS WRITTEN THE DOT ASKING FOR A RE- EVALUATION OF THIS LIGHT, AND THEY HAVE AGREED TO DO ONE, THE HOUR OF ll:00 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT: 13 8CDK 33 jet N rl VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a Public Hearing In the matter of Landscape Ordinanro In the Count y Cnmmi c a i nn R n nm Court, was pub- Ushed in said newspaper in the issues of January 1 t 19 7 R Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Swom to and subscribed before me this 13tha oyi f Jan • D. 978 (usin ss Manager) c (Clerk of the Circuit Court, Indian Ri County, Florida) . (SEAQ NOTICE NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River County, Florida will hold a public hearing on January 18, 1978, at 11:00 o'clock a.m. in the County Commission Room, Indian River County Courthouse for the purpose of adopting A Landscape Ordinance which Ordinance shall provide definitions, require a landscape plan, require use of suitable plant materials, which conform to the standards of Part One which conform to grade and standards for nursery plants, Part One, 1973 and Part Two, 1975, State of Florida, Department of Agriculture, provide for standards in trees, hedges, scrubs, vines, ground covers and grass, require landscaping adjacent to public rights-of-way, require perimeter landscaping, require interior coverage, provide for main- tenance, certificate of occupancy, a severance clause and providing DF r an COUNTY N T Y effective date. C O M- MISSIONERSOF INDIAN RIVER COUNTY, FLORIDA William C. Wodtke Jr., Chairman Jan. 1, 1978. ROBERT BERG, ASSISTANT COUNTY PLANNER, MADE THE PRESENTATION. -HE NOTED THAT THIS ORDINANCE IS THE RESULT OF SEVERAL MEETINGS WITH THE PLANNING & ZONING COMMISSION PLUS COOPERATION FROM THE URBAN FORESTER. IT BASICALLY APPLIES TO OFFSTREET PARKING AND WILL REQUIRE LANDSCAPING THROUGHOUT THE AREA. MR. BERG STATED HE FEELS THIS IS A GOOD AND COMPREHENSIVE ORDINANCE VERY SIMILAR TO THE ONE ADOPTED BY THE CITY OF VERO BEACH AND READ TO THE BOARD ITS OBJECTIVES AS SET OUT IN SECTION 1. ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAS JUST RECENTLY HAD A CHANCE TO REVIEW THE PROPOSED ORDINANCE AND THERE ARE LEGAL MODIFICATIONS HE WOULD LIKE TO MAKE. HE STATED THAT THE HEARING CAN 14 BCOK c 3 C, 4 BE HELD AT THIS TIME, BUT HE WOULD LIKE IT TO -BE CONTINUED TO THE NEXT MEETING WHEN HE CAN MAKE A FINAL DRAFT. COMMISSIONER LOY ASKED IF THERE WERE ANY SPECIFIC RECOMMENDA- TIONS FROM THE ZONING BOARD. MR. BERG STATED THAT THEY INITIALLY STARTED OUT WITH A VERY MINOR LANDSCAPE ORDINANCE, BUT THE PLANNING & ZONING COMMISSION FELT A STRONG LANDSCAPING ORDINANCE WOULD BE BEST FOR THE COUNTY. COMMISSIONER SCHMUCKER DISCUSSED THE REQUIREMENT LIMITING THE USE OF PALM TREES TO 50% OF THE TREES REQUIRED. BOB BERG STATED THAT IT WAS FELT THAT PALMS WERE EASIEST TO PLANT AND MOST AVAILABLE, AND THEY HAD CONSIDERED LETTING THEM BE USED 100%, BUT FELT IT WAS MORE AESTHETICALLY PLEASING TO HAVE A MIXTURE. ATTORNEY COLLINS ASKED,IF THE GROUND WERE EXTENSIVELY COVERED WITH PALM TREES, WOULD THE DEVELOPER HAVE TO TAKE SOME OUT, AND MR. BERG THOUGHT THAT HE WOULD HAVE TO REMOVE WHATEVER WAS OVER 50%. COMMISSIONER SCHMUCKER DID NOT FEEL THAT COUNTY PLANNER BRENNAN INTERPRETED THE ORDINANCE THIS WAY, BUT FELT INSTEAD IF THE PALM TREES WERE.::EXISTING ON THE SITE, YOU WOULD NOT HAVE TO PULL THEM OUT AND REPLACE THEM. COMMISSIONER SIEBERT NOTED THAT PARAGRAPH B ON PAGE 5 "EXISTING PLANT MATERIAL" STATES THAT `CREDIT SHALL BE GIVEN FOR NATURAL GROWTH AREAS AGAINST THE REQUIREMENTS OF THIS ORDINANCE." MR. BERG AGREED HE MIGHT HAVE TO RETRACT HIS STATEMENT. ATTORNEY COLLINS FELT THERE ARE CONFLICTING STATEMENTS IN THE ORDINANCE. DISCUSSION CONTINUED IN REGARD TO THE 50% PALM TREE REQUIRE- MENT AND POSSIBLE ALTERNATIVES, AND CHAIRMAN WODTKE ASKED WHAT THE SPECIFIC OBJECTION TO HAVING MORE THAN 50% PALM TREES WAS. URBAN FORESTER GREGG CLARK EXPLAINED THAT PALM TREES DO NOT EXCHANGE AS MUCH OXYGEN AS SOME OTHER TREES, ABSORB AS MUCH WATER,,OR SUPPLY AS MUCH SHADE. THE FORESTER FELT THAT SHADE IS IMPORTANT IN BREAKING UP SOME OF THE HEAT RISING FROM PARKING LOTS. DISCUSSION ENSUED IN REGARD TO THE IMPORTANCE OF SHADE IN A PARKING LOT, THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. PYRMEN SMITH OF 1920 CUTLASS COVE DRIVE STATED THAT HE WOULD 15 JAN IS19r0 , BCOK 33 PA -u( 447' 11 LIKE TO PUT A WORD IN FOR SHADE AND CITED CORAL WAY IN CORAL GABLES AS A BEAUTIFUL EXAMPLE OF USING SHADE TREES. HE FELT THIS NOT ONLY BEAUTIFIES THE AREA BUT ENHANCES THE STORES LOCATED THERE. DR. HERBERT KALE OF THE AUDUBON SOCIETY STATED THAT THEY HAVE BEEN TRYING FOR A NUMBER OF YEARS TO GET AN ORDINANCE SIMILAR TO THE ONE PROPOSED. HE SAID THEY HAD NO INTENTION OF REQUIRING THAT HALF OF AN EXISTING GROVE OF PALM TREES BE REMOVED AND FELT THAT AN ALLOWANCE SHOULD BE MADE FOR THIS EVENTUALITY. HE NOTED, HOWEVER, THAT VERY FEW AREAS ARE SOLID PALM TREES, AND.IN THE CASE OF SHOPPING CENTERS,. MOST EVERYTHING IS REMOVED ANYWAY; DR. KALE POINTED OUT THAT THERE ARE OTHER FLORIDA TREES THAT CONTRIBUTE A GREAT DEAL TO SHADE, WATER RE- CHARGE, ETC., AND STRONGLY URGED THAT THIS ORDINANCE BE ADOPTED AFTER THE NECESSARY LEGAL MODIFICATIONS ARE MADE. NORMAN BADENHOP, PRESIDENT OF THE VERO BEACH CIVIC ASSOCIATION, URGED THAT THE ORDINANCE BE ADOPTED WITHOUT WATERING IT DOWN, HE ALSO AGREED THAT TREES OTHER THAN PALMS OFFER BETTER SCREENING. WILLIAM KOOLAGE OF 815 26TH AVENUE ENCOURAGED THE BOARD TO PRESERVE OUR WAY OF LIFE WITH A STRONG LANDSCAPE ORDINANCE. ANN ROBINSON OF 3008 NASSAU DRIVE PUT IN HER VOTE FOR A STRONG LANDSCAPE ORDINANCE. CHAIRMAN WODTKE NOTED THAT SECTION I - PURPOSE AND INTENT, STATES THAT THE ORDINANCE SHALL APPLY TO ANYTHING REQUIRING SITE PLAN APPROVAL. HE POINTED OUT THAT IN R-2 THERE ARE SOME AREAS THAT DON'T REQUIRE SITE PLAN APPROVAL. MR. BERG QUOTED FROM SECTION III, PAGE 3, WHICH STATES,"NO OFF-STREET PARKING AREA SHALL BE CONSTRUCTED, ENLARGED OR RECONSTRUCTED UNTIL A LANDSCAPE PLAN FOR THAT PARKING LOT HAS BEEN APPROVED BY THE ZONING OFFICIAL." HE FELT THAT THIS WOULD COVER THE PROBLEM. CHAIRMAN VIODTKE DISCUSSED THE POSSIBILITY OF SOMEONE WHO HAS ADEQUATE PARKING WANTING TO ENLARGE OR ALTER THEIR COMMERCIAL BUILDING WHICH WOULD REQUIRE SITE PLAN APPROVAL. HE POINTED OUT THAT IF THEY THEN ALSO HAVE TO COMPLY WITH THE LANDSCAPE ORDINANCE AND PROVIDE THE REQUIRED LANDSCAPING, THEY COULD END UP WITH A LESS THAN ADEQUATE PARKING LOT. MR. BERG AGREED THIS SHOULD BE CONSIDERED. 16 3 ATTORNEY COLLINS ASKED IF IT COULD BE STATED THAT THIS ORDINANCE WILL APPLY TO ALL OFF STREET PARKING EXCEPT SINGLE FAMILY AND DUPLEXES, MR. BERG FELT THAT IS THE INTENT. HE POINTED OUT THAT PEOPLE WANT A STRONG LANDSCAPE ORDINANCE, AND HE BELIEVED IT SHOULD APPLY TO ALL AREAS WHERE ANY ALTERATION, ETC., AFFECTS OFF STREET PARKING, ATTORNEY COLLINS INQUIRED ABOUT THE SITUATION WHERE NO SITE PLAN APPROVAL IS REQUIRED. MR. BERG STATED THAT A LANDSCAPE PLAN WOULD HAVE TO BE SUBMITTED AND BE PROCESSED THE SAME AS.SITE PLAN APPROVAL, CHAIRMAN V'IODTKE FELT THIS COULD PLACE A TREMENDOUS BURDEN ON THE SITE PLAN REVIEW COMMITTEE. COMMISSIONER SCHMUCKER AGREED AND SUGGESTED THAT THIS BE HANDLED THROUGH THE PLANNING OR ZONING DEPARTMENTS INSTEAD SO THAT IT DOESN'T BECOME THE INVOLVED PROCEDURE ALREADY REQUIRED JUST TO GET APPROVAL OF A FENCE. MR, BERG FELT THERE COULD BE RECOt4MENDATIONS MADE AS TO WHETHER A SPECIFIC PROJECT HAD TO GO BEFORE SITE PLAN APPROVAL. DISCUSSION FOLLOWED ON THE CATEGORIES REQUIRED TO HAVE SITE PLAN APPROVAL, SPECIAL EXCEPTIONS AND THINGS PERMITTED WITHOUT SPECIAL EXCEPTIONS. CHAIRMAN VIODTKE ASKED IF A MINING OPERATION WOULD HAVE TO BE LANDSCAPED, AND MR. BERG STATED ONLY THE OFF STREET PARKING. MR. BERG NOTED THAT YOU HAVE SOME RESIDENTIAL ZONES ABUTTING USES THAT ARE MORE COMMERCIAL IN NATURE, AND THIS WOULD AT LEAST SCREEN THE PARKING AREA AND MAKE IT LESS UNSATISFACTORY. CHAIRMAN WODTKE NOTED THAT OUR BASIC CONCERN IS THE PARKING AREAS AND HE FELT THE ORDINANCE MUST BE SET UP TO CONVEY THAT CLEARLY IN ORDER -TO ELIMINATE CONFUSION. MR. BERG STATED THAT MOST LANDSCAPE ORDINANCES ARE KEPT WITH- IN THE OFFSTREET PARKING AREAS, HE NOTED WHEN A BUILDING IS ENLARGED, YOU GENERALLY HAVE TO ENLARGE THE PARKING AREA, BUT POINTED OUT THAT YOU COULD MAKE THE ORDINANCE APPLY ONLY TO NEW CONSTRUCTION. URBAN FORESTER CLARK DID NOT FEEL THE ORDINANCE WAS INTENDED TO BE RETROACTIVE. 17 JAN 18 All BOX 113 PAcE�`�� m C r COMMISSIONER SIEBERT FELT IT IS REASONABLE TO REQUIRE THAT ANY ADDITION TO A PARKING LOT MEET THE REQUIREMENTS, BUT HE DID NOT FEEL IT IS REASONABLE TO REQUIRE REDOING THE ENTIRE PARKING LOT. HE AGREED WITH COMMISSIONER SCHMUCKER THAT IF IT DOES NOT REQUIRE SITE PLAN APPROVAL, IT SHOULD BE LEFT TO A ZONING OFFICIAL. MR. BERG FELT THIS DECISION COULD BE PART AND PARCEL OF THE NORMAL. ROUTINE OF ISSUING A PERMIT. COMMISSIONER SCHMUCKER SUGGESTED THAT LANDSCAPING BE RE- QUIRED FOR ALL PARKING LOTS, BUT THAT A REVIEW ONLY BE MANDATORY FOR THE SITE PLANS THAT ARE REQUIRED TO BE REVIEWED BY THE 'ZONING BOARD. THE BOARD AGREED. COMMISSIONER SCHMUCKER FELT STRONGLY THAT WE SHOULD NOT START ELIMINATING PALM TREES IN FLORIDA. HE STATED THAT IF A SITE HAS MORE THAN 50%, THEY STILL SHOULD BE ALLOWED TO USE THEM, AND IF IT HAS 50% OR LESS, THEN THEY SHOULD PROVIDE THE SPECIFIED MIXTURE. HE FURTHER NOTED THAT IF THE PALMS HAVE TO BE REMOVED WHEN THE STRUC- TURE IS BUILT, HE DID NOT FEEL THE BUILDER WOULD TRANSPLANT THEM IF HE DID NOT GET ANY CREDIT. COMMISSIONER LOY DID NOT FEEL WE WILL LOSE AS MANY PALMS WITH THIS LANDSCAPE ORDINANCE AS WE HAVE LOST IN THE PAST WITHOUT IT. ATTORNEY COLLINS INFORMED THE BOARD THERE IS -AN INHERENT PROBLEM IN THE REPLACEMENT QUESTION BECAUSE THE WAY THE ORDINANCE IS WRITTEN,;IT DOES NOT HAVE THE TEETH FOR PROPER ENFORCEMENT IN REGARD TO REPLACEMENT OF DISEASED, NEGLECTED OR DESTROYED PLANTS, TREES, ETC. HE STATED THAT HE WOULD LIKE TO MEET WITH THE FORESTER AND DISCUSS THIS PROBLEM. THE BOARD AGREED THIS WAS IMPORTANT. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY RECESSED THE PUBLIC HEARING UNTIL 11:00 O#CLOCK A.M.., FEBRUARY 8TH. ATTORNEY COLLINS STATED THAT HE WILL READVERTISE.- THE BOARD THEREUPON RECESSED AT 12:20 O'CLOCK P.M. FOR LUNCH AND RECONVENED AT 1:45 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT. THE CHAIRMAN ANNOUNCED THAT ITEM ZO IN REGARD TO A SPECIAL EXCEPTION FOR MR. AND MRS. MARCHESKY HAS BEEN WITHDRAWN BY ATTORNEY RICHARD BOGOSIAN AND WILL BE PLACED ON A LATER AGENDA. JAN 18197 - l: BCOK U3 pm E - j m DEAN LUETHJE AND MARVIN CARTER OF CARTER ASSOCIATES APPEARED REPRESENTING THE HOLMAN FAMILY. MR. LUETHJE INFORMED THE BOARD THAT THEY WISH TO REPORT ON A TENTATIVE PLAN FOR EXPANSION OF A FISHING CLUB ON THE WEST SIDE OF BLUE CYPRESS LAKE AND ASK FOR THE BOARDS COMMENTS AND ALSO DISCUSS WATER AND SEWER SERVICE TO THAT AREA. HE DISPLAYED SOME AERIALS TAKEN IN 1975 SHOWING THE EXISTING COUNTY PARK AND DIRECTLY SOUTH OF THE PARK THE DEVELOPMENT CALLED BLUE CYPRESS FISHING CLUB, WHICH HAS ABOUT 104 UNITS. DIRECTLY TO THE SOUTH OF THIS AREA IS BLUE CYPRESS LAKE P.ANCH OWNED BY THE HOLMAN FAMILY. MR. LUETHJE NOTED THAT THE ST. .JOHNS RIVER WATER MANAGEMENT DISTRICT ALSO OWNS LAND IN THIS AREA, COMMISSIONER SEIBERT NOTED THAT THE WATER MANAGEMENT DISTRICT PURCHASED THIS LAND IN ORDER TO INCREASE THE CAPACITY OF BLUE CYPRESS LAKE AS A RESERVOIR. MARVIN CARTER AGREED THAT THE DISTRICT HAD STORAGE FACILITIES PLANNED, AND BASICALLY HAVE ACQUIRED EVERYTHING AROUND THE LAKE EXCEPT THE AREA UNDER DISCUSSION. COMMISSIONER SIEBERT ASKED WHAT HAPPENS IF THE WATER MANAGE- MENT DISTRICT DOES INCREASE THE CAPACITY OF THE LAKE AND EXTEND IT OUT TO THEIR LIMITS. MR. CARTER STATED THE PROPERTY WOULD HAVE TO BE DEVELOPED ABOVE THE "100 YEAR STORM LEVEL," EVEN THOUGH HE FELT THEY ARE MAINLY CONCERNED WITH STORAGE ELEVATIONS IN THE LAKE, DEAN LUETHJE INFORMED THE BOARD THAT THEY HAVE MET WITH COUNTY PLANNER BRENNAN, ASSISTANT PLANNER BERG AND COUNTY ZONING DIRECTOR WALKER AND HAVE MADE THREE TENTATIVE PLANS. MR. LUETHJE STATED THAT THEY HAVE ABOUT 44 ACRES OF WHICH THEY WOULD LIKE TO HAVE EIGHT ACRES ZONED R-1TM AND THE OTHER 35 ACRES ZONED R -IPM, THEIR PLAN IS TO HAVE SOME TRAVEL TRAILER SECTIONS AND SOME TOTAL DEVELOPMENT WHERE YOU CAN SELL THE LOTS OFF FOR MOBILE HOMES OR MODULAR TYPE CONSTRUCTION. HE CONTINUED THAT THERE TWO LARGE CYPRESS STANDS WHICH THEY WOULD LIKE TO LEAVE AS A NATURAL FILTER IN THE CANAL SYATEM THAT WOULD HAVE TO BE DEVELOPED. MR. LUETHJE PRESENTED SKETCHES OF THEIR VARIOUS PLANS, WHICH ARE BASICALLY THE SAME BUT HAVE SOME OF THE ROADS ME= 1.9 SCOK 3 3 PA. -GE 14"31 I SWITCHED AROUND. IN THE ONE PLAN THEY WOULD SET THE UNITS AT AN ANGLE TO TAKE ADVANTAGE OF THE PREVAILING SOUTHEAST WINDS AND WOULD PLAN TO PUT IN A SMALL STORE AND BOAT RAMP JUST FOR THE USE OF THE PEOPLE IN THAT AREA. � MR. LUETHJE NEXT DISCUSSED THE SEWERAGE AND WATER PROBLEMS IN THE AREA AND NOTED THAT THE SOUTHERN FINGER HAS A MORATORIUM SO THAT NO MORE OF THOSE LOTS CAN BE OCCUPIED UNTIL THE SEWER AND WATER PROBLEM IS TAKEN CARE OF. HE STATED THAT THEIR PLAN IS TO LOCATE THE SEWER PLANT AND WATER PLANT IN CLOSE PROXIMITY TO THE EXISTING RANCH AND UTILIZE PART OF THE NORTH SECTION OF THE EXISTING PASTURE AS AN EFFLUENT DISPOSAL AREA, MR. LUETHJE STATED THAT THEY HAVE BEEN INVESTI- GATING DIFFERENT WAYS OF GETTING RID OF EFFLUENT AND WONDERED IF THE COUNTY HAD ANY PLANS IN REGARD TO SEWAGE TREATMENT IN THIS AREA. CHAIRMAN VIODTKE NOTED THAT WE HAVE OVERNIGHT PARKING AND TRAILERS IN THE COUNTY AREA, AND IT WILL ONLY BE A MATTER OF TIME BEFORE WE HAVE TO DO SOMETHING ABOUT SEWAGE OR CLOSE THE PLACE DOWN. HE CONTINUED THAT HE HAS HAD CONSIDERABLE DISCUSSION WITH MR, HOLMAN AND HIS ATTORNEYS IN REGARD TO THE POSSIBILITY OF MUTUALLY SOLVING THE PROBLEM FOR THE ENTIRE AREA, AND HE FELT IT WOULD BE BENEFICIAL FOR THE COUNTY AND MR. HOLMAN BOTH TO CONTINUE TO WORK ALONG THESE LINES. COMMISSIONER SIEBERT COMMENTED THAT HE FEELS, IN REGARD TO THEIR TENTATIVE PLANS PARTICULARLY AS RELATED TO CANALS, THEY HAVE TREMENDOUS ENVIRONMENTAL QUESTIONS TO OVERCOME. HE DID FEEL IT WOULD BE AN IMPROVEMENT IN THE AREA IF SOMETHING COULD BE WORKED OUT, MR, LUETHJE FELT IF THE CANALS ARE CORRECTLY DESIGNED, IT WILL NOT BE T00 MUCH OF A PROBLEM, AND NOTED THAT THEIR NEXT STEP WILL BE TO GO TO THE ENVIRONMENTAL AGENCIES AND DISCUSS THIS. MARVIN CARTER POINTED OUT THAT THE FACILITIES AT BLUE CYRPESS LAKE HAVE CONSIDERABLE USE AND IT IS A NATIONALLY KNOWN FISH- ING SPOT. HE STATED THAT HE WOULD NOT WANT TO SEE IT CLOSED DOWN AND FELT THE COUNTY MIGHT WANT TO GO AHEAD WITH PLANS TO DEVELOP THEIR PARK. COMMISSIONER SIEBERT STATED THAT THE LACK OF WATER AND SEWER THERE IS WHAT PROHIBITS ANYTHING FROM BEING DONE RIGHT NOW. all JAN 181978 4 ATTORNEY COLLINS NOTED THAT IN PRIOR DISCUSSIONS MR. HOLMAN INDICATED THAT FOR THE EXISTING PROJECT HE WAS GOING TO PUT IN A SEWER PLANT AND THEN THE COUNTY COULD WORK SOMETHING OUT WITH HIM FOR THE PARK. HE ASKED IF MR. HOLMAN IS PLANNING ON DOING THIS NOW AS THERE IS A TREMENDOUS NEED FOR CLEANING UP BOTH THE FISHING CAMP AND THE COUNTY PARK. MR. LUETHJE STATED THAT HE COULD NOT SAY, THAT THEY HAVE ONLY DISCUSSED GOING AHEAD WITH THE EXPANSION AND THEN PUTTING IN A SEWER PLANT, COMMISSIONER SCHMUCKER POINTED OUT THAT THE PROBLEM WITH THE EXISTING DEVELOPMENT IS WHERE TO PUT THE EFFLUENT. ADMINISTRATOR JENNINGS AGREED AND NOTED THAT THE COUNTY ONLY HAS 20 ACRES AND A LOT OF IT IS VERY LOW. DISCUSSION AROSE AS TO WHETHER THE HOLMANS HAVE TALKED WITH ST. .JOHN'S WATER MANAGEMENT DISTRICT TO DETERMINE IF THEIR PLANS -COMPLY WITH THE DISTRICT'S CONCEPTUAL PLAN. MR, LUETHJE STATED THAT THEY HAVE NOT AS YET. HE AGREED THAT THEY HAVE A LONG WAY TO GO, BUT WISHED TO MAKE THE COUNTY AWARE OF THEIR PLANS AND DETERMINE THEIR REACTION BEFORE PROCEEDING. HE CON- TINUED THAT AFTER THEY ARE FURTHER ALONG, THEY DEFINITELY PLAN TO COME BACK AND DISCUSS EXACTLY WHAT THEY PROPOSE TO DO. ADMINISTRATOR JENNINGS DISCUSSED WITH THE BOARD A REQUEST FROM MR. HOLMAN FOR APPROVAL OF AN ELECTRICAL HOOK-UP ON LOTS #12 AND #13, ON FINGER #l, AT BLUE CYPRESS FISHING CLUB AS FOLLOWS: 21 JAN 181978 �CEiK 33 PAGE Vic/ R d6ti1GiN Dom DnC. `�o� Q � `S ' acrdwCi ,�o cQue Cphess Sake Hanot, O nc. P. O. Box 698 Vero Beach, Florida 32960 H. R HOLMAN T. B. HOLMAN President Vice -President January 11, 1978 Mr. Jack'G. Jennings, Admn. Road $ Bridge Department 2145 14th Ave., Room 114 Vero Beach, F1. 32960 Dear Mr. Jennings.- It ennings:It seems that I have another problem at our Blue Cypress Fish- ing Club Development. I am sure you remember that last year we agreed not to sell anymore lots in the Development until we can install sanitary sewers. In exchange for this agreement we were allowed to hook up the electric service to twelve lot owners that had recently purchased lots on finger #3. I assumed that all of the lot owners on fingers #1 and #2 had long since hooked up to the electric because all of these lots were sold in the 1960's or very early in the 19701s. I just discovered a few days ago that a Mr. and Mrs. Herbert Parrish of Madison, Tenn. who purchased lots #12 and #13 on finger #1 in December, 1970 were never hooked up to electric service because they never requested it. Mr. and Mrs. Parrish have just retired and have decided to make the Fishing Club their permanent home. The Parrishs have always hada septic tank on the property which works just fine. This letter is my personal appeal on the behalf of the Parrishs to -allow them to hook up to the electric service. If there is some way this can be worked out, please let me know what steps the Parrishs should take. I am sorry to bother you with this problem, but I am sure you can see that it is a very serious problem to the Parrishs. Very truly yours, B�L/UEy�CYPREE LAKE RANCH, INC. H. R. Holman, Pres. THE ADMINISTRATOR STATED THAT HE BELIEVES THIS IS THE ONLY LOT ON THAT FINGER THAT IS -WITHOUT AN ELECTRICAL HOOK-UP, HE CON= TINUED THAT HE ONLY BROUGHT THIS TO THE BOARD'S ATTENTION TO SEE IF THEY HAD ANY OBJECTION TO ALLOWING THE ELECTRICAL HOOK-UP. THE BOARD FELT THERE WAS N.0 PROBLEM AND HAD NO OBJECTION. 22 JAN 18197 00 33 ma &A ATTORNEY RENE VAN DE VOORDE CAME BEFORE THE BOARD TO DISCUSS A.ZONING CHANGE REQUESTED FOR SEBASTIANS GREENS IN THE CITY OF SEBASTIAN. HE DISPLAYED A PLAN OF THE SEBASTIAN HIGHLANDS PROPERTY, WHICH ACREAGE WAS RECENTLY ANNEXED INTO THE CITY OF SEBASTIAN, AND EXPLAINED THAT THERE IS A LAW WHICH REQUIRES THE COUNTY TO APPROVE A CHANGE OF ZONING WITHIN TWO YEARS OF ANNEXATION IF THERE IS AN INCREASE IN DENSITY. R-2 MULTIPLE FAMILY ZONING HAS BEEN REQUESTED, WHICH IS AN INCREASE IN DENSITY. ATTORNEY VAN DE VOORDE ASKED THAT THE COUNTY CONSENT TO WHATEVER THE CITY OF SEBASTIAN WANTS TO DO WITH THE REZONING. HE NOTED THAT SEBASTIAN HAS NOT DONE ANYTHING YET, BUT WOULD LIKE TO BE IN A SITUATION WHERE THEY CAN DEAL WITH THE MATTER WITHOUT HAVING TO COME TO THE COUNTY. ATTORNEY VAN DE VOORDE EXPLAINED THAT ALL PROPERTY WHEN ANNEXED COMES.IN UNDER R-1 ZONING, COMMISSIONER Loy COMMENTED THAT OUR MASTER PLAN SHOWS LOW DENSITY FOR THIS PROPERTY, IN DISCUSSION, IT WAS NOTED THAT IN SEBASTIAN LOW DENSITY ALLOWS 17 UNITS PER ACRE. CHAIRMAN WODTKE POINTED OUT THAT IF PROPERTY HAS BEEN ANNEXED, WE ACTUALLY HAVE NO CONTROL OVER IT, AND COMMISSIONER SCHMUCKER AGREED THAT THE ONLY THING WE COULD ACCOMPLISH WOULD BE TO Hb LD UP THE RE- ZONING FOR TWO YEARS, COMMISSIONER SIEBERT NOTED THAT THIS REQUIREMENT GIVES SOME PROTECTION TO ABUTTING PROPERTY OWNERS, ATTORNEY VAN DE VOORDE POINTED OUT THAT THE ANNEXATION PRO- CEEDINGS GIVE PEOPLE A CHANGE TO REGISTER THEIR FEELINGS, COMMISSIONER DEESON INFORMED THE BOARD THE PROJECT PLANNED WILL BE A REAL ASSET TO THE COUNTY. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD, PURSUANT TO CHAPTER 171,062, UNANIMOUSLY AUTHOR- IZED THE CITY OF SEBASTIAN -TO REZONE THE SUBJECT PROPERTY -INCREASING DENSITIES AS SHALL BE DETERMINED BY THE CITY, SHOULD THEY DESIRE TO REZONE. 23 JAN 1978 But 33 fm( 4�5 2 COUNTY PLANNER BRENNAN DISCUSSED WITH THE BOARD CONTRACT PRE- PARED BY ADLEY ASSOCIATES FOR PREPARATION OF THE PREAPPLICATION FOR THE 1978/79 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. HE NOTED THAT THEY ORIGINALLY DISCUSSED A FEE OF $2,700:1 BUT THE FIGURE SET OUT..IN THE CONTRACT IS $2,000. CHAIRMAN WODTKE ASKED IF THIS IS THE STANDARD CONTRACT WE HAVE HAD WITH THEM IN PREVIOUS YEARS, MR. BRENNAN STATED THAT IT 'IS A STANDARD CONTRACT, BUT NOT A DUPLICATE BECAUSE THE SITUATION IS DIFFERENT THIS YEAR, HE SAW NOTHING UNUSUAL IN THE CONTRACT AND FELT THERE IS NO COMMITMENT BE- YOND THE $2,000, ALTHOUGH THEY DO SAY WHAT THEIR FEES WOULD BE IF WE GO TO THE FULL APPLICATION. CHAIRMAN WODTKE POINTED OUT THAT ON PAGE 13 THE CONTRACT SAYS "IF INVITED BY DHUD TO SUBMIT A FULL APPLICATION, THE COUNTY SHALL PAY THE CONSULTANT," WHICH HE FEELS WOULD COMMIT US TO THE WHOLE THING, COUNTY PLANNER BRENNAN DID NOT FEEL THAT IS WHAT WAS INTENDED AND THAT IF WE HAVE A NEW PLANNER BY THEN, HE COULD DO THE WORK. ADMINISTRATOR KENNINGS SUGGESTED THE WORDING BE CHANGED TO READ "IF INVITED BY INDIAN RIVER COUNTY," BUT THE CHAIRMAN FELT THIS MIGHT AFFECT THEIR $2,000 FEE. IN FURTHER DISCUSSION, THE BOARD AGREED THEY WOULD LIKE TO KEEP THE PREPARING OF THE FULL APPLICATION OPTIONAL AND FELT THIS POINT SHOULD BE CLEARED UP. i ATTORNEY COLLINS SUGGESTED CHANGING THE WORDING TO "THE COUNTY AT ITS OPTION," AND COMMISSIONER LOY NOTED THAT WORDING WOULD HAVE TO BE CHANGED ON PAGE1 AND POSSIBLY OTHER PLACES THROUGHOUT THE CONTRACT ALSO. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE CONTRACT WITH ADLEY ASSOCI- ATES, INC. FOR PLANNING SERVICES IN RE THE COMMUNITY DEVELOPMENT PROGRAM SUBJECT TO THE CHANGES AS DISCUSSED AND AUTHORIZED THE CHAIR- MAN'S SIGNATURE. 24 BCGK^ PAA 4clio c COMMISSIONER SCHMUCKER REPORTED THAT AT THE .JANUARY 9TH MEETING OF THE COMMUNITY DEVELOPMENT CITIZEN'S ADVISORY COMMITTEE SIX APPLICATIONS FOR THE POSITION OF DIRECTOR WERE SUBMITTED ALONG WITH A RECOMMENDATION FROM COMMISSIONER SCHMUCKER AND ADMINISTRATOR KENNINGS. .t HE STATED THAT THE COMMITTEE REVIEWED ALL THE APPLICATIONS, AND MADE A UNANIMOUS DECISION TO SELECT EDWARD REGAN. COMMISSIONER SCHMUCKER CONTINUED THAT MR. REGAN HAD TEN YEARS EXPERIENCE IN DADE COUNTY WITH HHD AND INITIATED COMMUNITY DEVELOPMENT PROGRAMS IN MIAMI. HE IN— FORMED THE BOARD THAT THE CITIZEN'S ADVISORY COMMITTEE WISHES TO PRO— POSE THAT THE BOARD HIRE MR. REGAN AT A SALARY OF $14,000 ANUALLY TO DIRECT THIS PROGRAM, COMMISSIONER SCHMUCKER NOTED THAT SOMEONE IS SORELY NEEDED TO TAKE HOLD OF THIS PROGRAM AND ORGANIZE IT, ESPECIALLY AS THERE IS BEGINNING TO BE DISSENSION IN THE COMMUNITY AS TO WHO GETS WHAT AND SOME DISSATISFACTION ABOUT THEIR REPRESENTATION. COMMISSIONER'.SCHMUCKER POINTED OUT THAT WE ARE COMING UP ON A NEW BLOCK GRANT APPLICATION, AND THE MAJOR PERSONS IN HUD'S JACKSONVILLE OFFICE HAVE CHANGED, PERSONNEL HAS BEEN SHIFTED, AND THERE ARE NEW POLICIES AND IDEAS WE MUST CONFORM TO, WHICH IS WHAT HAS AGAIN STYMIED OUR REHABILITATION PROGRAM. HE FELT HUD IS ALMOST TELLING US IF WE DO NOT GET A DIRECTOR, WE MAY NOT GET ANY MORE FUNDS. CHAIRMAN I'JODTKE ASKED IF THE FUNDS TO HIRE..THE DIRECTOR ARE REIMBURSABLE OUT OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, AND COMMISSIONER SCHMUCKER STATED THAT THEY ARE COMPLETELY REIMBURSABLE UNDER ADMINISTRATIVE COSTS, CHAIRMAN WODTKE HOPED THAT THE DIRECTOR UNDERSTANDS THAT WE ARE MAKING ANOTHER APPLICATION, BUT IF WE DO NOT RECEIVE FURTHER FUND- ING THE PROGRAM WILL NOT BE CONTINUED. COMMISSIONER SCHMUCKER STATED THAT MR, REGAN UNDERSTANDS THAT WE CANNOT GUARANTEE THE FUTURE OF THIS JOB. HE FELT HIRING A DIRECTOR WILL INCREASE OUR CHANCES OF GETTING FUNDED AND POSSIBLY WE COULD GET A THREE—YEAR GUARANTEED PROGRAM. CHAIRMAN WODTKE ASKED MR. REGAN IF HE HAS HAD ANY EXPERIENCE WITH A HOUSING AUTHORITY, AND MR. REGAN STATED THAT HE HAD WORKED IN 25 JAN 181978 BCDK 33 PAGE 'd I t i F CONJUNCTION WITH ONE IN DADE COUNTY FOR 10 YEARS HE NOTED THAT HE UNDERSTANDS THE QUESTION OF THE JOB'S FUTURE AND COULD NOT SAY IF HE WOULD MOVE TO VERO BEACH FROM JENSEN BEACH UNLESS THERE WAS A THREE- YEAR PROGRAM. COUNTY PLANNER BRENNAN FELT WE WANT TO APPLY FOR A THREE- YEAR PROGRAM BUT NEED TO DETERMINE WHERE THE MONEY IS AVAILABLE - UNDER A ONE-YEAR PROGRAM OR THE THREE-YEAR PROGRAM. COMMISSIONER DEESON RAISED THE QUESTION ABOUT WHETHER THE DIRECTOR IS REQUIRED TO LIVE IN THE COUNTY, BUT IT WAS FELT THAT IT IS NOT NECESSARY. MOTION WAS MADE BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER Loy, TO HIRE EDWARD REGAN AS DIRECTOR OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AT A SALARY OF $14,000 ANNUALLY, TO BE EFFECTIVE AS OF MONDAY, .JANUARY 23, 1978, COMMISSIONER SIEBERT FELT SOME PROVISION SHOULD BE MADE THAT IF WE GO TO A 3 -YEAR PROGRAM, THAT MR. REGAN BECOME A RESIDENT OF THE COUNTY. AFTER FURTHER DISCUSSION, THE BOARD FELT THEY COULD GO ALONG WITH MR, REGAN`s STATEMENT THAT HE INTENDED TO MOVE TO THE COUNTY IF WE WENT TO A 3 -YEAR PROGRAM. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. COUNTY PLANNER BRENNAN INFORMED THE BOARD THAT HOUSING URBAN DEVELOPMENT IS HOLDING A MEETING IN .JACKSONVILLE FEBRUARY 7TH AND 8TH TO GO OVER NEW REGULATIONS AND HAVING A WORKSHOP MEETING IN REGARD TO RESIDENTIAL REHABILITATION IN TALLAHASSEE ON FEBRUARY 2ND. HE FELT IT IS IMPORTANT TO DESIGNATE SOMEONE TO ATTEND THESE MEETINGS. MR, REGAN FELT THEST MEETINGS ARE VITALLY RELATED TO HIS WORK, ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR EDWARD REGAN, DIRECTOR OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, TO ATTEND THE TWO MEETINGS DESCRIBED BY COUNTY PLANNER BRENNAN ABOVE. 26 �c�x 33 �n� �� I ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER COY, THE BOARD UNANIMOUSLY APPROVED PAYMENT OF BILL FROM FLOYD WILKES -FOR APPRAISAL SERVICES IN THE AMOUNT OF $150.00, AS FOLLOWS: FLOYD WILKES P.O. Box 1506 VERO BEACH. FLORtDA 32960 TELEPHONE: (305) 562.4098 January 12, 1978 t Board of County Commissioners c J:1N 1E7^ t`,,I Indian River County, Florida,f�_C�f Jc; r 1 r" VD Attention: Tommy Thomas. Appraisal of two parcels or real estate being a tract of unimproved land in the Fellsmere Farms Cor._pany Subdivision and a unimproved residential lot in the Royal Park Subdivision. i Appraisal services $150.00 ATTORNEY COLLINS INFORMED THE BOARD THAT THE CHAIRMAN MAY NEED TO SIGN ON CERTAIN ACCOUNTS THAT ARE BEING SET UP FOR THE SOLID TASTE DISPOSAL REVENUE BONDS. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO OPEN THE NECESSARY BANK ACCOUNTS IN FIRST CITRUS BANK OF INDIAN RIVER COUNTY AS DESIGNATED IN THE BOND RESOLUTION AND IN THE PROSPECTUS. ADMINISTRATOR JENNINGS STATED THAT HE WOULD LIKE TO REQUEST THE BOARD -TO GRANT APPROVAL TO KUNDE-DRIVER-SIMPSON & ASSOCIATES, INC., TO ACT AS CONSULTING ENGINEERS ON THE OFF -SYSTEMS ROAD PROJECTS - HOBART ROAD, L'UNDBERG ROAD AND 87TH ST. & 101ST AVENUE IN VERO LAKES ESTATES. HE NOTED THAT THE DOT ESTIMATED THE TOTAL COST OF THIS WORK AT APPROXIMATELY $779,000. THE CONTRACT FOR THE CONSULTING SERVICES AMOUNTS TO $55,700. ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT HE HAS A LETTER FROM THE DOT STATING THEY WILL DO THIS. WORK IN THE COUNTY IF WE CAN MEET THE DEADLINES, SO IF THE BOARD J -AN IS 1978 27 �CGK 33 ma 11 �. WILL SPEND $55,700, WE CAN ACQUIRE $779,000 FEDERAL FUNDS. THE ADMINISTRATOR CONTINUED THAT HE WOULD SUGGEST THIS CONTRACT BE EXECUTED IMMEDIATELY BECAUSE THE DEADLINE FOR PLANS TO BE SUBMITTED FOR LUND- `� BERG ROAD IS MARCH 31ST AND MAY 30TH FOR THE OTHER PROJECTS. ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT KUNDE-DRIVER- SIMPSON & ASSOCIATES HAVE MADE ARRANGEMENTS FOR COUNTY CONSULTING ENGINEER .TAMES BEINDORF TO ACT AS RESIDENT ENGINEER, AND MR. BEINDORF IS SPLITTING THE SURVEY WORK ON THE THREE PROJECTS WITH MR. MUSICK AND MR. CARTER IN ORDER TO PUSH THIS WORK OUT UNDER THE DEADLINES. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ACCEPTED THE ENGINEERING FEE PROPOSAL OF KUNDE-DRIVER-SIMPSON & ASSOCIATES, INC., AS OUTLINED IN THEIR LETTER OF .JANUARY 13, 1978, IN THE AMOUNT OF $55,700.00 AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN ON THE CONCURRENCE OF THE ATTORNEY. SAID ENGINEERING FEE PROPOSAL IS HEREBY MADE A PART OF THE MINUTES. 2 JAN 181978 ' ECOK 33 pmt 40 c Kunde• Driver -Simpson it Associates, Inc. ;. Engineers! Architects / Planners / Surveyors January 13, 1978 ENGINEERING FEE PROPOSAL FOR Department of Transportation Off -Systems Road Projects Hobart Rd., Lundberg Rd., and 87th St. & 101st Avenue in Vero Lakes Estates Mr. Jack G. Jennings County Administrator Indian River County 2145 14th Avenue Vero Beach, Florida 32960 Dear Mr. Jennings: In response to your request, we are pleased to submit the attached proposal for engineering services for the subject. projects. The total lump sum fee proposed for these projects is $55,700.00 A breakdown of this fee is as follows: 1. Printing $ 700.00 2. Materials, Supplies, etc. 200.00 3. Travel 300.00 4. Field Surveys 13,720.00 5. Soil Survevs 1,500.00 6. Plans Preparation 39,280.00 $ 55,700.00 The people in responsible charge of this project are: Ben C. Simpson, P.E. — Principal & Project Manager James R. Oliver — Project Manager We appreciate the opportunity to submit this proposal and are prepared to discuss any questions that May arise. If you require additional information, please contact us. 4765 Southwest 184 Street 1164 E. Oakland Park Boulevard ,. Miami, Florida 33157 Ft. Lauderdale, Florida 33334 (305) 238-8090 (305) 561-5300 BCS:dr Enclosttres JAN 181978 Very truly yours, KUNNDDEEy, DRIVER, SIMPSON & ASSOC., INC. Ben C. Simpson, P. E. Vice President: ;v m c PHIL LONG OF THE MIAMI HERALD INQUIRED ABOUT THE STATUS OF A TRAFFIC LIGHT ON U.S. # 1 AT THE BARBER AVENUE ENTRANCE TO THE NEW HOSPITAL, AND THE ADMINISTRATOR INFORMED HIM THAT WE HAVE RECEIVED A TEMPORARY PERMIT FROM THE DOT TODAY. ASSISTANT ADMINISTRATOR NEIL NELSON REPORTED THAT THE SANITARY LANDFILL OPERATION IS ABOUT READY TO START CHARGING. THE LANDFILL OFFICE BUILDING IS THERE AND THE SCALE IS HOOKED UP. HE PRESENTED A SUMMARY OF THE PROPOSED ACCOUNTING SYSTEM PREPARED BY .JACK FLINT AND .JOE MATTHEWS. MR. NELSON STATED THAT THE COORDINATE FOR TYING THE TWO FUNCTIONS TOGETHER — THE BURYING OF THE GARBAGE AND COLLECTING OF THE CASH — BASICALLY IS THE RECEIPT SHOWN ON FIGURE #1 AS -FOLLOWS: MR. NELSON NOTED THAT THIS RECEIPT WILL PROVIDE GOOD STATISTICAL INFORMATION TO EVALUATE BUSINESS AT THE LANDFILL. HE EXPLAINED THAT ANY VEHICLE USING THE LANDFILL ON A REGULAR BASIS, AND PRIIMARILY THOSE WHO HAVE A CREDIT ACCOUNT, WILL BE WEIGHED FIVE TIMES TO GET A "TARE" WEIGHT SO THAT THEY DON `T HAVE TO CONTINUE TO BE WEIGHED EACH TIME THEY USE THE LANDFILL. THE CREDIT. CUSTOMERS WILL HAVE -A DECAL AND A SPECIAL CARD. THE "REMARKS' COLUMN WILL BE USED FOR FURTHER IDENTIFICATION OF THE LOAD. THE DRIVER_WILL SIGN THE TICKET WHEN HE FIRST COMES INTO THE LANDFILL, AND CARRIER AND TYPE OF LOAD WILL BE CHECKED. COMMISSIONER SIEBERT NOTED THAT THERE IS NO PLACE ON THE RECEIPT FOR THE LICENSE TAG NUMBER. 30 RCiJK 33 mist - 404 INDIAN RIVER COUNTY SANITARY LANDFILL a iJ i DATE CARRIER .�I LOAD 8 ��L ✓, .0 Gal �. PERMIT.NO: '0 0 IREMARKS _ `a_ JJJI 'LBS. GROSS CARR[' .2 L LSS. TARE DRIVER ON_OFF__- LBS. NET C PER l9. PRICE DRIVER _ TOTAL COST WEIGHER MR. NELSON NOTED THAT THIS RECEIPT WILL PROVIDE GOOD STATISTICAL INFORMATION TO EVALUATE BUSINESS AT THE LANDFILL. HE EXPLAINED THAT ANY VEHICLE USING THE LANDFILL ON A REGULAR BASIS, AND PRIIMARILY THOSE WHO HAVE A CREDIT ACCOUNT, WILL BE WEIGHED FIVE TIMES TO GET A "TARE" WEIGHT SO THAT THEY DON `T HAVE TO CONTINUE TO BE WEIGHED EACH TIME THEY USE THE LANDFILL. THE CREDIT. CUSTOMERS WILL HAVE -A DECAL AND A SPECIAL CARD. THE "REMARKS' COLUMN WILL BE USED FOR FURTHER IDENTIFICATION OF THE LOAD. THE DRIVER_WILL SIGN THE TICKET WHEN HE FIRST COMES INTO THE LANDFILL, AND CARRIER AND TYPE OF LOAD WILL BE CHECKED. COMMISSIONER SIEBERT NOTED THAT THERE IS NO PLACE ON THE RECEIPT FOR THE LICENSE TAG NUMBER. 30 RCiJK 33 mist - 404 3 ASSISTANT ADMINISTRATOR NELSON AGREED THAT IF THEY HAVE TO. BE REWEIGHED, THIS INFORMATION COULD BE IMPORTANT. HE NOTED THAT IF IT IS AN AUTOMOBILE THAT GOES BY A FIXED FEE, ALL THIS INFORMATION WILL NOT BE NECESSARY. DISCUSSION CONTINUED ON THE NEED FOR OBTAINING THE LICENSE TAG NUMBER, AND IT WAS NOTED THAT SOME OF THE TAGS ARE VERY HARD TO READ. COMMISSIONER SIEBERT SUGGESTED THE POSSIBILITY OF HAVING THE DRIVER LEAVE HIS LICENSE AT THE LANDFILL OFFICE WITH THE TICKET AND PICK IT UP WHEN HE PAYS AND LEAVES. CHAIRMAN WODTKE DISCUSSED POSSIBLY HAVING DIFFERENT COLORED TICKETS FOR CASH AND CREDIT, AND MR. NELSON STATED THAT THEY HAVE ALREADY ORDERED 30,000 TICKETS. .JOE MATTHEWS INFORMED THE BOARD THAT THEY PLAN TO USE THE SAME TICKETS FOR CASH OR CREDIT. THE NUMBERS WILL BE CONTROLLED, AND ALL TICKETS WILL HAVE TO BE KEY PUNCHED. ASSISTANT ADMINISTRATOR NELSON CONTINUED THAT THE TICKET HAS THREE SECTIONS - ONE FOR THE CUSTOMER - ONE FOR DATA PROCESSING AND ONE FOR THE FILES. ALL DATA WILL BE FED INTO THE COMPUTERS, THEY PLAN TO KEEP ALL CREDIT CARDS IN THE LANDFILL OFFICE, AND WHEN CREDIT CUSTOMERS RECEIVE THEIR MONTHLY STATEMENT, EVERY CHARGE WILL BE ITEMIZED AS TO DATE OF CHARGE, WEIGHT, AND VEHICLE MAKING THE TRIP. HE NOTED THAT IF ANYONE OBJECTS AND WANTS THEIR OWN CREDIT CARD, THEY CAN HAVE IT EVEN THOUGH IT CAN BE LOST VERY EASILY. COMMISSIONER SIEBERT SAID HE FELT THE CREDIT CUSTOMERS SHOULD HAVE THEIR OWN CREDIT CARD AS THEY COULD CLAIM THAT THE WRONG CREDIT CARD WAS PULLED. MR. NELSON STATED THERE ARE MANY WAYS TO CHECK WHETHER THEY ARE BEING'CHARGED ERRONEOUSLY AND POINTED OUT THAT RURAL SANITATION, FOR INSTANCE, HAS ONE CREDIT CARD, BUT EACH TRUCK WILL HAVE A NUMBER AND THE DRIVER S SIGNATURE WILL BE ON THE RECEIPT. MR. -NELSON THEN DISCUSSED WITH THE BOARD THREE ALTERNATIVES TO PROVIDE FOR THE ISSUANCE OF -CREDIT - MAXIMUM DEPOSIT, LIMITED DEPOSIT AND DEPOSIT ON OPTION. THE MAXIMUM DEPOSIT WOULD BE ERUAL TO TWO MONTH'S CHARGES ON THE ESTIMATED REFUSE THEY WOULD TAKE INTO THE LANDFILL. 31 �CGK33 FAuE �.+tD I c THIS WOULD, OF COURSE, REQUIRE A LARGE CASH TIE—UP. THE LIMITED DEPOSIT WOULD BE THE SAME, BUT WITH A MAXIMUM OF $5,000. THE THIRD ALTERNATIVE WOULD PRESENT THE CUSTOMER WITH THE OPTION OF PUTTING UP A DEPOSIT OR SUPPLYING THE COUNTY WITH A SATISFACTORY CREDIT REPORT. HE DISCUSSED WITH THE BOARD THE SUGGESTED CREDIT APPLICATION FORM AND STATED THAT HE WOULD RECOMMEND THE THIRD ALTERNATIVE OF DEPOSIT AS AN OPTION. COMMISSIONER DEESON SUGGESTED THAT IT BE REQUIRED THAT ALL OPEN ACCOUNTS BE LISTED ON THE CREDIT APPLICATION AND POINTED OUT THE IMPORTANCE OF REQUIRING AN UP TO DATE CREDIT REPORT. HE FELT IT ALSO MAY BE NECESSARY TO REQUIRE A CREDIT REPORT ON THE INDIVIDUAL AS WELL AS THE BUSINESS. COMMISSIONER LOY ASKED IF WE ACTUALLY ARE CONSIDERING EXTEND— ING CREDIT TO INDIVIDUALS. SHE HAD FELT THIS WAS INTENDED MAINLY FOR THE LARGER COMPANIES. ASSISTANT ADMINISTRATOR NELSON NOTED THAT A YARD MAINTENANCE MAN, FOR INSTANCE, MIGHT WANT A CREDIT CARD: ALTHOUGH, HE DOUBTED THAT AN INDIVIDUAL REALLY WILL WANT CREDIT AT THE LANDFILL. COMMISSIONER DEESON POINTED OUT THAT IF YOU OFFER CREDIT TO ONE, YOU WILL HAVE TO OFFER IT TO ALL, AND IF YOU TURN SOMEONE DOWN, YOU HAVE JO NOTIFY HIM BY MAIL. DISCUSSION CONTINUED IN REGARD TO ISSUING.CREDIT AND THE PROBLEMS INVOLVED. COMMISSIONER LOY FELT WE ARE TRYING TO HELP LARGE USERS AND NOT REQUIRE THEM TO PUT UP LARGE DEPOSITS. CHAIRMAN WODTKE SUGGESTED HAVING A MINIMUM CREDIT DEPOSIT OF $100 WHICH HE FELT WOULD DISCOURAGE SMALL USERS FROM APPLYING FOR CREDIT. HE STATED THAT HE IS CONCERNED ABOUT THE COUNTY HAVING TO SEND OUT BILLS FOR SMALL AMOUNTS. MR. NELSON STATED THAT HE CHECKED WITH HAULERS, ETC., AND THE LARGE MAXIMUM DEPOSIT WAS NOT WELL RECEIVED. THEY PREFERRED THE DEPOSIT ON OPTION. COMMISSIONER SIEBERT LIKED THE IDEA OF A MINIMUM DEPOSIT RE— QUIREMENT IN ADDITION TO THE CREDIT REPORT. COMMISSIONER DEESON FELT THE ATTORNEY SHOULD CHECK THE LEGAL REQUIREMENTS FOR THE COUNTY TO DEAL WITH CREDIT. 32 ECQK 3 ma 6 um t: DISCUSSION CONTINUED WITH REGARD TO THE IDEA OF A MINIMUM DEPOSIT PLUS A CREDIT REPORT, AND MINIMUMS OF $500.00 AND $300.00 WERE SUGGESTED. IF THE CREDIT REPORT DID NOT PROVE SATISFACTORY, THE APPLICANT THEN WOULD HAVE TO PUT UP A DEPOSIT EQUAL TO TWO MONTHS' ESTIMATED � CHARGES IN ORDER TO OBTAIN CREDIT. THE BOARD AGREED UPON $500 AS A MINIMUM DEPOSIT. COMMISSIONER DEESON WAS CONCERNED ABOUT THE CREDIT APPLICATION MEETING THE LEGAL REQUIREMENTS, AND MR. NELSON FELT THE CREDIT BUREAU SHOULD CHECK IT AS WELL AS THE ATTORNEY. DISCUSSION FOLLOWED IN REGARD TO PENALTIES FOR LATE PAYMENT AND THE PAYMENT OF INTEREST ON DEPOSITS. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE ISSUANCE OF CREDIT TO APPLICANTS UPON THEIR PUTTING UP A MINIMUM CASH DEPOSIT OF $500.00 AND SUPPLYING THE COUNTY WITH AN APPROVED CREDIT RATING FROM AN ACCEPTABLE SOURCE OR UPON THEIR PUTTING_UP A DEPOSIT EQUAL TO TWO MONTHS' ESTIMATED CHARGES; THESE CREDIT POLICIES TO BE SET SUBJECT TO LEGAL WORK THAT.HAS TO BE DONE ON THE CREDIT APPLICATION. COUNTY PLANNER BRENNAN REPORTED THAT HE HAD CALLED ADLEY & ASSOCIATES AND IN THEIR OPINION, THE COUNTY WILL BE SIGNING TWO CONTRACTS - BOTH FOR THE PREAPPLICATION AND THE FULL APPLICATION; ATTORNEY COLLINS SUGGESTED THAT THE WORDS "AT COUNTY'S OPTION" BE INSERTED ON THE CONTRACT AS PREVIOUSLY APPROVED, THAT THE CHAIRMAN SIGN THE CONTRACT,AND THE PLANNER SEND IT BACK TO ADLEY & ASSOCIATES. THE BOARD AGREED, ADMINISTRATOR JENNINGS REPORTED THAT HE HAS RECEIVED INFORMA- TION BACK FROM THE VARIOUS ELECTED OFFICIALS IN REGARD TO THE 1978 HOLIDAY -SCHEDULE, AND ALL OF THEM HAVE AGREED TO A FULL DAY'S HOLIDAY ON CHRISTMAS EVE AS DISCUSSED AT THE LAST MEETING, WHICH WOULD GIVE A TOTAL OF NINE HOLIDAYS THROUGHOUT THE YEAR. ON MOTION BY COMMISSIONER $IEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE 1978 HOLIDAY SCHEDULE, TOTALING NINE DAYS. SAID SCHEDULE IS HEREBY MADE A PART OF THE MINUTES. 33 JAN 181978 ec 330►5 January 19, 1978 LEMORANDUM TO: Elected Officia s, Indian River County FROM: Robert Donlon, Personnel Manager } SUBJECT: 1978 Holiday Schedule At its regular meeting on January 18, 1978, the Board of County Commissioners approved the following holiday schedule for 1978 for the closing of Court House Offices: DATES COURT - HOLIDAY DATES H01JSE CLOSED 1. Memorial Day Last Monday in May May 29 2. Independence Day July 4 Tues. July 4 3. Labor Day First Monday in Sept. Sept. 4 4:.Veterans' Day November 11 Fri. Nov. 10 S. Thanksgiving Day Fourth Thurs. in Nov. Nov. 23 6. Friday after Thanksgiving Fourth Fri. in Nov. Nov. 24 7. Christmas Eve Day December 24 Fri. Dec. .22 8. Christmas Day December 25 Mon. Dec. 25 9. New Year's Day January 1, 1979. Mon. Jan. 1 9 Total ADMINISTRATOR JENNINGS DISCUSSED WITH THE BOARD THE BID RE- CEIVED ON USED VOTING MACHINES NEEDED BY THE SUPERVISOR OF ELECTIONS. HE -STATED THAT PERSONNEL DIRECTOR ROBERT DONLON WAS SUPPLIED A PROPOSED LIST OF VENDORS FROM THE SECRETARY OF STATE AND SENT OUT BID REQUESTS TO THREE OF THEM. IT WAS NOT AN ADVERTISED BID. MR. DONLON INFORMED THE BOARD THAT MRS. RICHEY RECEIVED TELEPHONE CALLS FROM TWO OF THEM STATING THAT THEY DID NOT HAVING ANY- THING AVAILABLE, AND THUS WE ONLY RECEIVED ONE BID. HE STATED THAT THE OTHERS ON THE LIST DID NOT HAVE ANYTHING THAT WOULD MEET SPECIFICA- TIONS. ATTORNEY COLLINS NOTED THAT IF THE BOARD WISHED TO ACCEPT THE BID, THEY COULD DECLARE AN EMERGENCY, WHICH HE DOES NOT BELIEVE EXISTS AT THIS TIME, OR IF A MAJORITY OF THE BOARD FINDS THAT THERE IS BUT A SINGLE SOURCE FROM WHICH THE EQUIPMENT MAY BE OBTAINED, THEN IT IS NOT € NECESSARY T,0 HAVE COMPETITIVE BIDS, AFTER FURTHER DISCUSSION, IT WAS DECIDED TO HOLD THIS ITEM OVER UNTIL THE NEXT MEETING WHEN MRS. RICHEY CAN BE PRESENT.' 34 JAN 181979 na 33 PAUE COMMISSIONER SCHMUCKER STATED THAT A PROBLEM CAME UP AT THE LAST MEETING OF THE CITIZENS ADVISORY COMMITTEE TO THE COMMUNITY DEVELOP— MENT BLOCK GRANT PROGRAM RELATIVE TO EXPANSION OF THE WATER SYSTEM IN GIFFORD, AND THEY WISHED TO KNOW IF CHAIRMAN WODTKE IS THE HEAD OF A .c COMMITTEE THAT WILL MAKE RECOMMENDATIONS ABOUT EXPANSION. CHAIRMAN WODTKE SAID THAT HE IS, BUT THAT WE ARE WAITING FOR A FORMAL LETTER FROM THE GIFFORD* GROUPS INFORMING US OF THEIR APPOINTMENTS TO THE COMMITTEE AND THEN A RESOLUTION WILL BE DRAFTED OFFICIALLY SETTING UP THE COMMITTEE. COMMISSIONER SIEBERT REPORTED TO THE BOARD THAT COMMISSIONER SCHMUCKER HAS BEEN ELECTED VICE CHAIRMAN OF THE TREASURE COAST REGIONAL PLANNING COUNCIL. HE THEN GAVE A BRIEF REPORT ON THE STATUS OF THE COASTAL ZONE MANAGEMENT PLAN, WHICH WAS PASSED BY A UNANIMOUS VOTE. HE STATED THAT HE WOULD LIKE TO SEE OUR COUNTY ADOPT THE GOALS AND OB— JECTIVES OF THIS PLAN AND LEAVE THE POLICIES AS FLEXIBLE AS POSSIBLE. HE STATED THAT HE WOULD LIKE PERMISSION TO CONTINUE TO WORK WITH OUR OWN CITIZENS COASTAL ZONE MANAGEMENT ADVISORY GROUP AND OUR ATTORNEY TO COME UP WITH A RESOLUTION WE CAN ADOPT AND PRESENT AT THE NEXT REGIONAL MEETING, WHICH WILL STRESS THAT THE IMPLEMENTATION OF THIS PLAN MUST BE LEFT UP TO LOCAL GOVERNMENT. THE BOARD HAD NO OBJECTION. CHAIRMAN WODTKE INFORMED THE BOARD THAT HE HAS RECEIVED A LETTER FROM CIRCUIT .JUDGE CHARLES E. SMITH REQUESTING THAT THE BOARD APPOINT A COMMISSIONER TO THE LAW LIBRARY BOARD OF TRUSTEES AS REQUIRED UNDER CHAPTER 57-1410, HE NOTED THAT IT APPEARS THAT THE LAST TIME A MEMBER OF THIS BOARD WAS APPOINTED TO THIS POSITION WAS ABOUT TWENTY YEARS AGO. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY CHOSE COMMISSIONER LOY TO BE THE BOARDS REPRESENTATIVE ON THE COUNTY LAW LIBRARY BOARD OF TRUSTEES. CHAIRMAN WODTKE REMINDED THE BOARD THAT WE AGREED WE WERE GOING TO DEVELOP A COMMITTEE TO STUDY SETTING UP A HOUSING•AUTHORITY, THE CHAIRMAN CONTINUED THAT THE STRUCTURE OF THE PREVIOUS STUDY, OR TASK FORCE, GROUP CONSISTED OF ONE COMMISSIONER, A VERO BEACH CITY COUNCIL MEMBER, REPRESENTATIVES FROM THE INDIAN RIVER CITRUS BANK, THE SAVINGS & LOAN, AND THE GENERAL CONTRACTORS, THE PRESIDENT OF PIPER AIRCRAFT, A MEMBER OF THE CHAMBER OF COMMERCE, THE BOARD OF REALTORS, 35 JAN 181979 KOK 33 PAGE � 1 r THE CITRUS LEAGUE, AND THE HOTEL & MOTEL ASSOCIATION. HE POINTED OUT THAT WAS A JOINT CITY -COUNTY COMMITTEE. COMMISSIONER SIEBERT DID NOT FEEL THAT WE CAN INVOLVE ALL THOSE PEOPLE, AND DISCUSSION CONTINUED IN REGARD TO THE MAKE-UP OF SUCH A COMMITTEE. IT WAS SUGGESTED THERE SHOULD BE REPRESENTATIVES FROM THE FINANCIAL INSTITUTIONS, THE INDIAN RIVER COUNTY BUILDING & TRADES ASSOCIATION, THE MINISTERIAL ASSOCIATION, THE BOARD OF REALTORS, AND THE ZONING BOARD. CHAIRMAN WODTKE FELT THAT MR. REGAN, THE NEW DIRECTOR OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, SHOULD BE ON THE COMMITTEE. HE REQUESTED THAT COMMISSION MEMBERS GIVE ANY SUGGESTIONS FOR APPOINT- MENTS TO THIS COMMITTEE TO MRS. FORLANI, SECRETARY TO THE BOARD, SO THAT WE WILL BE READY TO PURSUE THIS MATTER AT THE NEXT MEETING AND AUTHORIZE A RESOLUTION SETTING UP THE COMMITTEE. CHAIRMAN WODTKE REQUESTED THAT ITEM 20, A REQUEST FOR A SPECIAL EXCEPTION WHICH WAS EARLIER REMOVED FROM THE AGENDA BY ATTORNEY BOGOSIAN BECAUSE HIS CLIENTS WERE NOT ABLE TO APPEAR, BE CONSIDERED AT THIS TIME. HE NOTED THAT THE PEOPLE, WHO ARE FROM OUT OF TOWN, HAVE NOW APPEARED AND WOULD LIKE TO PROCEED TO DISCUSS THIS MATTER WITHOUT COUNSEL SINCE ATTORNEY BOGOSIAN NOW CANNOT BE LOCATED. ROBERT LITTLEFIELD CAME BEFORE THE BOARD AND INFORMED THEM THAT IN FEBRUARY OF 1972 HE PURCHASED THE SUBJECT PROPERTY FROM BUD DALRYMPLE. HE LATER SOLD THE PROPERTY TO MR. AND MRS. MARCHESKEY, BUT IN THE MEANTIME AN ORDINANCE WAS PASSED WHICH PREVENTED THEM FROM BUILDING ON THE PROPERTY. MR. LITTLEFIELD STATED THAT HE HAS NOW RE- PURCHASED THE PROPERTY AND WOULD LIKE TO APPLY FOR THE SPECIAL EXCEPTION IN ORDER TO GET A BUILDING PERMIT. HE CONTINUED THAT HIS DEED DOES HAVE AN EASEMENT FOR A ROAD RUNNING ALONG THE BACK OF THE PROPERTY AS DO THE DEEDS OF EVERY PIECE OF PROPERTY IN THIS AREA. MR. LITTLEFIELD INFORMED THE BOARD THAT A SEPTIC TANK PERMIT WAS GRANTED IN 1969, ZONING DIRECTOR DEWEY WALKER SHOWED THE BOARD A SURVEY OF THE PROPERTY AND STATED THAT HE HAS BEEN THERE, AND THERE IS A PRIVATE ROAD THAT GOES BACK TO THE PROPERTY. HE CONFIRMED THAT MR. DALRYMPLE WAS ISSUED lO SEPTIC TANK PERMITS FOR THIS AREA BACK IPJ 1969 AND THAT MR, LITTLEFIELD, WHO OWNED THIS PROPERTY IN 1972, HAS NOW REPURCHASED IT FROM THE MARCHESKYS. 36 ,lAN 181973 ". R ' r ATTORNEY COLLINS NOTED THAT THE DISTINCTION BETWEEN THIS AND OTHER SPECIAL EXCEPTIONS THE BOARD HAS GRANTED IS THAT MR. LITTLEFIELD 'CONVEYED OUT AND SUBSEQUENTLY BOUGHT THE PROPERTY BACK. HE FELT THAT - A DECISION CAN BE MADE ON THIS MATTER AT THE DISCRETION OF THE BOARD. ADMINISTRATOR JENNINGS POINTED OUT THAT IF MR. LITTLEFIELD HAD NOT SOLD THIS LAND, HE COULD HAVE APPEARED AT ANY TIME AND BEEN GRANTED A ROUTINE EXCEPTION, BUT THE MARCHESKYS COULD NOT GET A PERMIT TO BUILD. CHAIRMAN WODTKE STATED HE WAS IN FAVOR OF GRANTING THE EXCEP- TION AS LONG AS THE ATTORNEY HAS STATED THAT WE LEGALLY MAY DO SO. COMMISSIONER 8IEBERT AGREED AND NOTED THAT HE DID NOT BELIEVE THE ORIGINAL INTENT OF THE ORDINANCE WAS TO DENY PEOPLE THE RIGHT TO BUILD ON THEIR LAND. ON -MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY GRANTED A SPECIAL EXCEPTION TO ORDINANCE No. 74-20 To ROBERT LITTLEFIELD, UPON CERTIFICATION THAT HIS DEED HAS BEEN RECORDED. FULLY SIGNED AGREEMENT BETWEEN THE COUNTY AND THE HUMANE SOCIETY OF VERO BEACH, FLORIDA, INC., IS HEREBY MADE A PART OF THE MINUTES AS APPROVED AT THE MEETING OF DECEMBER 21, 1977. 37 JAN 181978 mw 3 mi � 5 .; C J �m AGREEMENT THIS AGREEMENT ENTERED INTO as of this 21st day of December , 1977, between INDIAN RIVER COUNTY, a political Subdivision of the State of Florida, hereinafter referred to as "County" A N D HUMANE SOCIETY OF VERO BEACH, FLORIDA, INC., a Florida not-for-profit corporation, hereinafter referred to as "Society" WITNESSETH: For and in consideration of the sum of $10.00 in hand paid, receipt of which is hereby acknowledged, and in further consideration of the mutual promises and premises herein contained, IT IS AGREED AS FOLLOWS: 1. The purpose of the agreement is to provide means by which stray animals obtained by the Impounding Officer and other appropriate authorities of the County- may turn over same to the Society for care and disposition. 2. In this regard, the Society shall have sole discretion in determining when, to whom, and under what conditions it will allow adoption of animals turned over by the authorities of the County, and it is not the intent or purpose of this agreement to limit or restrict in any way the activities of the Society with regard to the purposes for which same was created, except as modified by Paragraph 4 below as to the minimum time period. 3. That the term of this contract and agreement is for the prorated period of one (1) year beginning December 21, 1977 This agreement shall continue from month to month until September 30, 1978. Notwithstanding the foregoing, either party may terminate this agreement on the last day of any month by giving the other party written notice of intent to terminate on or before the 20th day of the termination month. JAN 181978 , KKK 33 fA` 4. All animals obtained by the Society must remain in its custody for a minimum of five days, unless such animal is diseased or injured to such an extent that, in the Society's judgment, it would be advisable to dispose of same prior to the five day period or unless the provisions of Paragraph 9 of R this agreement are complied with in a shorter period of time, and provided Paragraph 6 herein is not applicable. If Paragraph 6 is applicable, its provisions control. 5. In determining when an animal should be disposed of in less than the five day period stated above, the Society shall decide at its own discretion whether or not to dispose of same. 6. The Society shall become responsible for the care of the animal after it has been delivered by the Impounding Officer or Sheriff Deputy of the County to the shelter belonging to the Society, and the receipt for same has been issued to the Impounding Officer by the Society and shall provide quarantine for animals that have been reported to the Society to have bitten any person or other animal or is otherwise suspected of being rabid. Not- withstanding any other provisions in this agreement, such animal shall remain in quarantine for at least ten (10) days and shall be professionally examined before being released from quarantine at the end of the ten (10) day period. Quarantine means placing the animal in its own cage whereby it shall have no physical access to other animals and said cage shall have a quarantine sign and a Health Department Form affixed thereto. 7. In the event there are no Society personnel on duty when the Impounding Officer or Sheriff Deputy of the County delivers an animal to the shelter, it shall be placed in a holding facility on the property of the Society pending appropriate entry procedures, and upon giving a receipt to the Impounding Officer showing proper entry procedures have been followed, the Society shall become responsible for such animal. JAN $81978 Bcax 33 PAGE 11. c Of 8. The Society shall provide facilities and personnel to care for all animals delivered by the impounding Officer or Sheriff Deputy of the County according to the customary procedure of the Society. 9. The procedures to be followed in processing of animals is as follows: SM. (a) The County is responsible for the processing of animals captured by it and delivered to the premises provided by the Society, which shall be initiated by the preparation of an impounding record sheet, which sheet shall include a description of the animal, the owner's name, if known, the time and place same was picked up, and its condition. Should it be injured, or obviously ill, the Impounding Officer or Sheriff Deputy should first take it immediately to a veterinarian. (b) Those desiring a release of an animal captured by the Impounding Officer or Sheriff Deputy of the County and turned over to the custody of the Society shall accomplish its release by identifying same at the facilities provided by the Society, proceed to the Sheriff Deputy of the County, pay all fines and fee, if any, secure a written release from the Sheriff Department and deliver said release to the Society facilities for the release of the subject animal. As a condition of the release, the individual described as the owner of the animal being released shall submit an affidavit obtained from the Sheriff Department, which states that he or she is the owner of the animal being released and the affiant shall be responsible should anyone subsequently claim ownership of the animal. BC7K vJ (c) The Society shall release the animal to its owner upon delivery to it by the owner of said release from the Sheriff Department of the County and the affidavit provided in 9 (b) above. 10. This agreement shall be governed by Chapter 3 of the Code of Laws and Ordinances of the County of Indian River, and if there be any conflict between this agreement and said code, the code provisions shall prevail. Any area pre-empted by state law shall be governed accordingly. 11. The County agrees to pay and the Society agrees to accept for said services $2, 083.33 for .each month of service hereunder. 12. In accordance with the Indian River County Budget procedures the Society shall submit an timely annual budget. Said budget must be approved by the Board of County Commissioners prior to October 1st of the approved year. After approved, the Society agrees to operate the shelter as agent for County within the itemized budget as approved. 13. On or before June 30 , 1978 , the gociety shall have pre- pared and delivered to County an audit acceptable to County for the preceding year. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ATTEST: HUMANE SOCIETY OF VERO BEACH, FLORIDA;? INC. BY: (SEAL) President ATTEST: INDIAN RIVER COUNTY BY: *1'41t" 0 (SEAL) Freda Wright, ClerkJ William C. Wodtke, J . , Chairman ROVEDT ° O AND CONTENTS: 111�ty ey ca��z � . KOK 03 FACE � RESOLUTION N0, 77-95, AMENDING GENERAL DEVELOPMENT UTILITIES, INC., FRANCHISE, IS HEREBY MADE A PART OF THE MINUTES AS APPROVED AT THE MEETING OF SEPTEMBER 21, 1977. ' 42 JAN 181978 B,cOK 33 4"i4 �i RESOLUTION NO. 77-95 WHEREAS, this Board heretofore did grant a water and sewer franchise to General Development Utilities, Inc., said franchise being known as General Development Utilities, Inc., Water and Sewer Franchise, and, WHEREAS, this Board did receive a request in writing from General Development Utilities, Inc, for an increase in water and sewer extension charges and, WHEREAS, after public notice of public hearing, the Board of County Commissioners finds.that an increase of water and sewer exten- Sion charges are justified and in the public interest and that Section 14 of General Development Utilities, Inc., Water and Sewer Franchise should be amended accordingly and, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA., that 1. SECTION 14 of General Development Utilities, Inc., Water and -Sewer Franchise is hereby amended as follows: SECTION 14 The rates charged by the Owner for its service hereunder shall be fair and reasonable and designed to meet all necessary costs of the service, including a fair rate of return on the net valuation of its 4-;i s devoted thereto under efficient and econo- JAN 18 i97g. mical management. The Owner agrees that it shall be subject to all authority now or thereafter possessed by the County or any other regulatory body having com- petent jurisdiction to fix just, reasonable and compensatory rates. The Owner shall have authority to charge and collect, but'not to -exceed the following schedule of rates, which shall remain effective until changed or modified.as herein provided, to -wit: Page 1 of 2 BCOK vJ SAGE 1 0 c WATER 1. Main Extension Charge $2.19 times footage fronting on main. 2. Plant Capacity Charge $.36/gallon of demand* 3. Water Meter Connection Charge 5/8" x 3/4" meter $ 75.00 1" meter $115.00 1-1/2" meter $190.00 2" meter $265.00 *Meters over'2" in size are charged upon the estimated actual cost of installation. Where actual charges differ from estimates, the difference will be refunded by the utility if the total cost is less than the estimate, or paid by the contributor prior to the initiation of water service if the actual cost.exceeded the estimated cost. SEWER 1. Main Extension Charge $6.54 times footage fronting on main. 2. Plant Capacity Charge $.36/gallon of demand* *Plant Capacity Charges are computed by multiplying the daily rates of demand by the above rates for the specified service. The daily rated gallonage demand varies depending upon type of usage, for example, apartments = 250 gpd; single family residence 3/4" x 5/8" meter = 350 gpd; commercial units based upon projected actual demand. Dated this ,day ofCb{ PmhPr 1977- BOARD OF COUNTY COMMISSIONERS OF INDIAN' RIVER COUNTY, FLORIDA By: Attest: Approv as to fo m: By: '` C nty. ttorney • Page 2 -of 2 JAN. 181978 BCGK_ 33 FACE �l�� I • E�7 THE FOLLOWING FULLY EXECUTED DOCUMENTS IN REGARD TO THE SOLID WASTE DISPOSAL SYSTEM REVENUE BONDS, SERIES 1977, ARE HEREBY MADE A PART OF THE MINUTES: 1. OPINION OF FREEMAN, RICHARDSON, WATSON, SLADE, MCCARTHY & KELLY 2. LETTER FROM CLERK FREDA WRIGHT TO FIRST CITRUS BANK OF INDIAN RIVER COUNTY DELIVERING PROCEEDS OF SALE OF BONDS AND RECEIPT SIGNED BY A. J. SANCHEZ, VICE PRESIDENT. 3. CERTIFICATE OF DELIVERY AND'PAYMENT FROM WILLIAM R. HOUGH & CO. 4. ARBITRAGE OPINION OF COUNSEL. 5. ARBITRAGE CERTIFICATE 6. SIGNATURE AND N0, LITIGATION CERTIFICATE 7. LEGISLATION AND No -PRIOR PLEDGE CERTIFICATE 8. CERTIFICATE CONCERNING OFFICIAL STATEMENT 9. CERTIFICATE FOR COMPLIANCE WITH UNIFORM FACSIMILE SIGNATURE OF PUBLIC OFFICIALS ACT (SIGNED BY FREDA WRIGHT) 10. CERTIFICATE FOR COMPLIANCE WITH UNIFORM FACSIMILE SIGNATURE OF PUBLIC OFFICIALS ACT (SIGNED BY WILLIAM C. WODTKE, .JR.) 11. CERTIFICATE OF RECORDING OFFICER 12. EXTRACTS FROM MINUTES OF COMMISSION MEETING OF .JANUARY 4, 1978 13. CERTIFICATE AS TO PUBLIC MEETINGS 14. INCUMBENCY CERTIFICATE 15. RESOLUTION N0. 78-4 16. CERTIFICATE OF NO -APPEAL 17.* LETTER FROM BUREAU OF ELECTION RECORDS ACKNOWLEDGING FILING OF CERTIFICATES RELATING TO MANUAL SIGNATURE OF CHAIRMAN AND CLERK. 18. ADVICE OF CREDIT - CHASE MANHATTAN BANK - $1,130,244.12 - TO ATLANTIC NATIONAL BANK OF .JACKSONVILLE FOR A/C FIRST CITRUS BANK OF INDIAN RIVER COUNTY FOR RETIREMENT OF TAX ANTICIPATION NOTES. 19. ADVICE OF CREDIT - CHASE MANHATTAN BANK - $683,460.17 - TO ATLANTIC NATIONAL BANK OF ,JACKSONVILLE FOR A/C FIRST CITRUS BANK OF INDIAN RIVER COUNTY FOR ACCOUNT SOLID WASTE DISPOSAL SYSTEM 20. BOND PROSPECTUS 45 BCGK 33 ou 4"17 R JUDSON FREEMAN RAY W. RICHARDSON, JR. THOMASB, SLADE, DI EDWARD M.CART"Y. JR. JOHN F. KELLY DANIEL U. LIVERMORE,JR. DOUGLAS J. MILNE A. GRAHAM ALLEN RICHARD E.KL EIN JOHN L. McWILL1AMS. III JUDSON FREEMAN, JR. ROBERT -O. FREEMAN -- FRANK L.WATSON OF COUNSEL Chairman Board of County Commissioners Indian River County, Florida Dear Sir: 1200 BARNETT BANK BUILDING JACKSONVILLE, FLORIDA 32202 (904) 353-1261 January /;Z, 1978 We have examined certified copies of the proceedings of the Board of County Commissioners of Indian River County, Florida, the validation proceedings in the Circuit Court for Indian River County, Florida, and other proofs submitted to us relative to the issuance and sale of . $1,815,000 INDIAN RIVER COUNTY, FLORIDA SOLID WASTE DISPOSAL SYSTEM REVENUE BONDS, SERIES 1977 Dated September 1, 1977 $5,000 Each Coupon Bonds, numbered from one upward, regis- trable as to principal only, and maturing in numerical order on September 1st in the years and amounts as follows: YEAR AMOUNT YEAR AMOUNT 1980 $ 75,000 1988 $125,000 1981 80,000 1989 135,000 1982 85,000 1990 140,000 1983 90,000 1991 150,000 1984 100,000 1992 160,000 1985 105,000 1993 165,000 1986 110,000 1994 175,000 1987 120,000 Interest on said Bonds at the rate of five and thirty - hundredths per centum (5.300 per annum, is payable semiannually on March 1 and September 1 of each year. Certain of the Bonds are redeemable prior to their stated dates of maturity, at the option of the County, upon the terms and conditions and in the manner stated in the Bonds. We have examined one of the Bonds of said issue as executed (Bond No. 1). The Bonds and the coupons appertaining thereto are issued to finance the cost of the acquisition and construction of a solid waste disposal system in Indian River County (hereinafter called "Facilities"), and to refund certain outstanding obligations hereto- fore issued for said purpose, pursuant to and in full compliance,with the Constitution and Statutes of the State of Florida, including Chapter 159, Part I, Florida Statutes, Section 125.01, et seq., Florida Statutes, County Ordinance No. 77-19, enacted on August 3, 1977, and other applicable provisions of law, and a resolution duly adopted by the Board of County Commissioners of said County on November 2, 1977, as supplemented (herein referred to as "Resolu- tion"), and are subject to all the terms and conditions of said Resolution. The Bonds and the coupons appertaining thereto are payable solely from and secured by a prior lien upon and pledge of BCUK 33 fXE4 10 1 Chairman Board of County Commissioners Indian River County, Florida January /Z, 1978 Page Two the Net Revenues derived from the operation of said Facilities and a prior lien on and pledge of the Revenue Sharing Trust Funds, as defined in said Resolution, received by the County pursuant to Chapter 218, Part II, Florida Statutes, in the manner provided in the Resolution. The Resolution provides that the Bonds shall not constitute an indebtedness of the County and that the holders thereof shall never have the right to require or compel the exercise of the power of.the County to levy ad valorem taxes or to tax real estate in the County for the payment of the principal of or interest on the Bonds. The County in said Resolution has covenanted and agreed with the holders of said Bonds to fix, establish and maintain such rates and collect such fees, rentals or other charges for the services of the Facilities and to revise the same from time to time whenever necessary, as will always provide revenues in each year sufficient to pay (1) one hundred per centum (100%) of all operating and maintenance costs of the Facilities in such year, (2) one hundred per centum (100%) of all required deposits into the Reserve Account in the Sinking Fund and into the Renewal and Replacement Fund established by the Resolution in such year, and (3) one hundred fifteen per centum (115%) of the amount of principal and interest becoming due in such year on the Bonds and on all other obligations payable on a parity therewith, and that such rates, fees, rentals or other charges shall not be reduced so as to be insufficient to provide adequate revenues for such purposes; and the County has entered into certain further covenants with the holders of said Bonds for the terms of which reference is made to the Resolution. The County has reserved the right to issue additional parity obligations payable on a parity with the Net Revenues of the Facilities as to lien and security with the Bonds, provided certain requirements of the Resolution are complied with. In our opinion (1) the Bonds are valid and.,legally binding special obligations of the County payable solely from the Net Revenues derived by the County from the operation of the Facilities and from the Revenue Sharing Trust Funds, as defined in the Resolution, in the manner provided in the Resolution; (2) the County is legally obligated to collect, receive, hold and apply such special funds in accordance with the provisions of the Resolution, and (3) the interest on the Bonds is exempt from Federal Income Taxes under existing statutes and court decisions. R{�e^s�peectfu�lll%y��submitted,?A e&ej '4"Aju 4"41-mj is > BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE, JR., Chairman ALMA LEE LOY, Vice Chairman WILLARD W. SIEBERT, JR. 4DWIN S. SCMMUCKER R. DON DEESON JACK G. JENNINGS, Administrator 2145 14th Avenue Vero Beach, Florida 32960 January 12, 1978 .First Citrus Bank of Indian River County 2004 14th Avenue Vero Beach, Florida Attention: Mr, Angelo J. Sanchez, Executive Vice President Re: $1,100,000 Revenue and General Obligation Notes of Indian River County Dear Mr. Sanchez: The County of Indian River is delivering to the purchasers thereof on this date $1,815,000 principal amount of its Solid Waste Disposal System Revenue Bonds, Series 1977, dated September 1, 1977 (the "Bonds"). You are the Original Purchaser and paying agent for the County's Revenue and General. Obligation Notes, dated various dates, maturing May 1, 1978 and bearing interest at 4.65% per annum, payable at maturity (the "Notes"). Said Notes are redeemable on any date at par plus accrued interest. The County elects to redeem said Notes on January 13, 1978 and has previously notified you of"such redemption. As of January 13, 1978 there will be due and payable as interest on said Notes the amount of $30,244.12. Principal due on the Notes amounts to $1,100,000. Total principal and interest unpaid on the Notes to January 13, 1978 is $1,130,244.12. Paid to you herewith, from the proceeds of sale of the Bonds, is the sum of $1,130,244.12 being the total amount of the principal and interest due on the redemption of said Notes on January 13, 1978. You now have a sum sufficient to pay all principal and interest due on the Notes to and including January 13, 1978, the date of redemption thereof. You are authorized and directed to pay all principal of and interest on said Notes to and including January 13, 1978, the date of redemption thereof. JAN. 181978 BCOK 33 PAGE;0"- �I I t M First Citrus Bank of Indian River County January 12, 1978 Page Two Please acknowledge your receipt of this letter and your understanding of the above in the place provided below. Sincerely, COUNTY OF INDIAN RIVER, FLORIDA By ' Clerk, Board of Couxky Commis- sioners ACKNOWLEDGMENT AND RECEIPT The undersigned, First Citrus Bank of Indian River County (the "Bank") hereby acknowledges receipt of the sum of $1,130,244.12 (New York Clearing House Funds) from Indian River County, Florida. Said sum is sufficient to pay all principal of the Notes and all interest maturing and coming due thereon to January 13, 1978. As original purchaser and holder of said Notes the Bank hereby agrees to the redemption thereof on January 13, 1978 and waives written notice as provided in said Notes. FIRST CITRUS BANK OF INDIAN RIVER COUNTY, VERO BEACH, FLORIDA DATED: January 12, 1978 By o Vice resident JAN .181978. 3 PA -GE 40' . CERTIFICATE OF DELIVERY AND PAYMENT 9M I, William C. Wodtke, Jr., Chairman of the Board of County Commissioners of Indian River County, Florida, DO HEREBY CERTIFY: That on the lad day of January, 1978, I delivered to William R. Hough & Co., the purchaser thereof, the following described obligations of Indian River County, Florida: $1,815,000 - SOLID WASTE DISPOSAL SYSTEM REVENUE BONDS, SERIES 1977, dated September 1, 1977, $5,000 each, numbered from one upward in order of maturity, bearing interest (pay- able semiannually on March l and September 1) at the rate of five and thirty hundredths per centum (5.30%) per annum, and maturing on September 1 of each year, in the years and amounts as follows: YEAR AMOUNT YEAR AMOUNT 1980 $ 75,000 1988 $125,000 1981 80,000 1989 135,000 1982 85,000 1990 140,000 1983 90,000 1991 150,000 1984 100,000 1992 160,000 1985 105,000 1993 165,000 1986 110,000 1994 175,000 1987 120,000 That at the time of delivery of the obligations all matured interest coupons were detached therefrom and all unmatured interest coupons were attached thereto. That at the time of delivery of the obligations, I received from the purchaser full payment for the obligations in accordance with the contract of sale, computed as follows: Contract Price $1,778,700.00 Accrued Interest Total Purchase Price IN WITNESS WHEREOF, I have hereunto set my hand and af- fixed the seal of the Board this A2A4 day of January, 1978. AN 181978 -4241 �- (2 -)P -a -da Chairman, Board of County Commis- sioners, Indian River County, Florida RCGK 13 PAGE �:�� ARBITRAGE OPINION OF COUNSEL We have examined the transcript of proceedings relating to the issuance by Indian River County, Florida of its Solid Waste Disposal System Revenue Bonds, Series 1977, in the aggregate principal amount of $1,815,000 (the "Bonds"), an Arbitrage Certificate with respect to the Bonds, dated the date hereof, and the Internal Revenue Code of 1954, as amended (the "Code"), and the regulations presently in effect and proposed thereunder, including particularly Section 103(c) of the Code, temporary Treasury Regulations Section 13.4 and proposed Treasury Regulations Sections 1.103-13 and 1.103- 14 (the "Regulations") . ' Based upon our examination thereof and such other matters as we have deemed necessary to enable us to render this opinion, we are of the opinion that the facts, estimates and circumstances as set forth in the Arbitrage Certificate are sufficiently set forth therein to satisfy the criteria necessary under Section 103(c) of the Code and the Regulations to support the conclusion that the Bonds will not be "arbitrage bonds" as therein defined. No matters have come to our attention that make unreasonable or incorrect the repre- sentations made in the Arbitrage Certificate. Dated: January /a , 1978. JAN 181978 Respectfully submitted, p I I W J�- I A")—)t a elUll 4 - 8cox 33 Pmu,E ec 3 ARBITRAGE CERTIFICATE r-� The undersigned, being charged, with others, with the responsibility for issuing $1,815,000 principal amount of Solid Waste Disposal System Revenue Bonds, Series 1977, dated September 1, 1977 (the "Bonds"), of Indian River County, Florida (the "Issuer"), being issued this date to retire $1,100,000 Revenue and General Obligation Notes (the "Notes") issued to finance the cost of constructing and acquiring certain solid waste disposal system improvements (the "Project"), does hereby certify that: 1. On the basis of the facts, estimates and circumstances in existence on the date hereof, I reasonably expect the following has or will occur with respect to the Bonds and to the use of the proceeds of the Bonds: (a) All of the proceeds of the Bonds will be applied as follows: Retirement Notes $1,100,000.00 Plus Accrued Interest 30,244.12 $1,130,244.12 Additional Construction 167,260.88 Accrued Interest 35,004.29 One years Interest 96,195.00 Operating Reseive 260,000.00 Sinking Fund Reserve 100,000.00 Costs 25,000.00 1,813.704.29 (b) The net amount received by the Issuer as a result of the sale of the Bonds, after the payment of all expenses of issuance (such net amount hereinafter called the "Original Proceeds"), will not exceed by more than 5%'the amount necessary to accomplish the governmental purposes of the issue; (c) An amount at least equal to 85% of the Proceeds of the Notes will have been expended on costs of the Project within three years of the date of issuance of the Notes; (d) The portion of the proceeds of the Bonds to be applied for retirement of the Notes -will be expended on the date hereof and not invested; (e) An amount at least equal to 85% of the portion of the proceeds of the Bonds to be applied for costs of construction. 8COK 33 PAA 4:�4 M of the Project will have been expended within three years from the date hereof; (f) An amount not exceeding 15% of the original proceeds of the Bonds, $272,250, may be invested without yield restrictions as a part of: (i) the initial deposit of $100,000 of Bond proceeds into the Sinking Fund Reserve; and (ii) the possible subsequent transfer of additional proceeds from the Operating Reserve to either the Sinking Fund Reserve or the Renewal and Replacement Fund, pursuant to Section 15B(1) of the resolution authorizing the Bonds. (g) The balance of the proceeds of the Bonds held in the Operating Reserve will be invested without yield restriction for a period not exceeding three years from the date hereof and will either be spent for operation and maintenance of the System during the first year after date hereof, or will be transferred to the Renewal and Replacement Fund, and, after three years from the date hereof, will be invested at an actuarial yield not greater than 1/8 of 1% higher than the actuarial yield on the Bonds. (h) The Project will not be sold or otherwise disposed of,.in whole or in part, prior to the last maturity of.the Bonds. 2. The Issuer has not received notice that its Arbitrage Certificate may not be relied upon with respect to its issues of obligations, nor has it been advised that any such adverse action is contemplated by the Commissioner of Internal Revenue. 3. To the best of my knowledge and belief, there are no facts, estimates or circumstances other than those expressed herein that would materially affect the expectations herein expressed. On the basis of the foregoing, I expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be arbitrage bonds within the meaning of Section 103 of the Internal Revenue Code of 1954, as amended, and Rules and Regulations promulgated thereunder. -2- JAN 181978 BCOK 33 PAGE4"'75 IN WITNESS WHEREOF, I have hereunto set my hand and t":e seal of the County this 1;A day of January, 1978. (SEAL) Clerk, Boar of C my Commis- sioners, Indian River County, Florida -3- JAN. 18 1978. BCOK 31PACE 4;C)'% SIGNATURE AND NO LITIGATION CERTIFICATE WE HEREBY CERTIFY that the undersigned Chairman of the Board of County Commissioners of Indian River County, Florida, did .on the 1.17'k day of January, 1978, officially sign the following described obligations of Indian River County, Florida: $1,815,000 - SOLID WASTE DISPOSAL SYSTEM REVENUE BONDS, SERIES 1977, dated September 1, 1977, $5,000 each, numbered from one upward in order of maturity, bearing interest (pay- able semiannually on March 1 and September 1) at the rate of five and thirty hundredths per centum (5.30%) per annum, and maturing on September 1 of each year, in the years .and amounts as follows: YEAR AMOUNT YEAR AMOUNT 1980 $ 75,000 1988 $125,000 1981 80;000 1989 135,000 1982 85,000 1990 140,000 1983 90,000 1991 150,000 1984 100,000 1992 160,000 1985 105,000 1993 165,000 1986 110,000 1994 175,000 1987 120,000 We further certify that at the date of the signing of the obligations by the undersigned Chairman, and on this date, we were and are the duly chosen, qualified and acting officers authorized to execute the obligations as indicated by the official titles opposite our signatures hereunder. We further certify that the obligations were duly executed by the facsimile signature of the undersigned Clerk of the Board of County Commissioners, who hereby adopts, ratifies and confirms such facsimile signature. We further certify that our manual signatures have been filed with the Department of State of the State of Florida pursuant to the provisions of Section 116.34, Florida Statutes. We further certify that no litigation of any nature is now pending or threatened (either in state or federal courts) restraining or enjoining the issuance, execution or delivery of the obligations, or in any manner questioning the proceedings or authority under which the obligations are issued, or affecting the validity of the obligations or of any provisions made or authorized for their payment, or affecting the corporate existence of the County or the title -of its present officers of the Board of County Commissioners of Indian River County, Florida, or any of them to their respective offices; and that none of the proceedings or authority for the issuance of the obligations has been repealed, revoked or rescinded. We further certify that the Validation Certificate ap- pearing on each of the obligations was duly executed by the fac- simile signature of the undersigned Chairman, who hereby adopts, ratifies and confirms such facsimile signature. We further certify that the semiannual interest coupons maturing on March 1 and September 1 of each year, attached to the obligations, are properly executed by the facsimile signatures of the undersigned Chairman and Clerk, who hereby adopt and ratify such facsimile signatures. ROK 3 3 flAGF_ X3" 7 e (SEAL) M We further certify that the seal impressed upon this Certificate is the legally adopted, proper and only official seal of the Board of County Commissioners of Indian River County, Florida; and that such seal has been imprinted upon all of the obligations and is hereby ratified and adopted. WITNESS our hands and such seal this 41a ( day of January, 1978. Signature Official Title 0A - j- Ji a Chairman, Board of County Commis- sioners, Indian River County, Florida Clerk, Board of County Commis- sioners, Indian River County, Florida I HEREBY CERTIFY that the signatures of the officers of the Board of County Commissioners of Indian River County, Florida, which appear above are true and genuine and that I know such officers and know them to hold the offices set opposite their names. First Citrus Bank of Indian River County Vero Beach, Florida 32960 BY , thorized Of icer EXECUTIVE VICE PRESIDENT -2- RCuK 33 PA' t LEGISLATION AND NO PRIOR PLEDGE CERTIFICATE We, the undersigned, hereby certify that we have no knowl- edge of any legislation adopted by the 1977 Sessions of the Florida Legislature that in any manner limits, restricts or otherwise ad- versely affects the right and power of Indian River County, Florida, to issue the $1,815,000 Solid Waste Disposal System Revenue Bonds, Series'1977, dated September 1, 1977 (hereinafter called "Bonds"), or to provide for the acquisition and construction of the solid waste disposal improvements in the County and the refunding of the outstanding Revenue and General Obligation Notes, in the manner provided in the resolution adopted by the Board of County Commis- sioners of Indian River County, Florida, on November 2, 1977 (the "Resolution"), or to pledge for the payment of the bonds the revenues of the solid waste disposal system of the County and the revenue sharing trust funds, as defined in such Resolution, in the manner provided in such Resolution. We further certify that as of this date, the revenues de- rived from the operation of the water and sewer system are not pledged, hypothecated or otherwise encumbered except to the payment of the outstanding Revenue and General Obligation Notes, dated various dates, being retired from the proceeds of said Bonds, and excerpt to the payment of said Bonds. We further certify that as of this date, the revenue sharing trust funds, as defined in said Resolution, are not pledged, hypothecated or otherwise encumbered except to the payment of said Bonds. IN WITNESS WHEREOF, we have hereunto set our hands and the seal of the County this day of January, 1978. •(SEAL) o my t orney, Indiah River County, Florida Clerk, Board of Cou0ty Commissioners, Indian River County, Florida Box 13 PAGE'�;09 CERTIFICATE CONCERNING OFFICIAL STATEMENT We, the undersigned officers of Indian River County, Florida, do hereby certify that, to the best of our knowledge, the Official Statement relating to $1,815,000 Solid Waste Disposal System Revenue Bonds, Series 1977, of the County, did not, as of its date, and does not, as of the date hereof, contain any untrue statement of a material fact or omit to state a material fact which should be included therein for the purposes for which said Official Statement is to be used, or which is necessary in order to make the statements contained therein, in the light of the circumstances in which they were made, not misleading. IN WITNESS WHEREOF, we have hereunto set our hands and the seal of the County this 10?4` day of January, 1978. (SEAL) Chairman, Board of Courtty Commis- sioners, Indian River County, Florida unty' Adm inys rator y County Finance Off&cer JAN 181978Bc�BoxJ fAvf � I CERTIFICATE FOR COMPLIANCE WITH UNIFORM FACSIMILE SIGNATURE OF PUBLIC OFFICIALS ACT STATE OF FLORIDA ) )ss COUNTY OF INDIAN RIVER ) I, Freda Wright, Clerk of the Board of County Commissioners of Indian River County, Florida, do hereby file with the Department of State of the State of Florida, my official signature for the purpose of complying with Section 116.34, Florida Statutes, and do hereby certify that the below signature is true and correct and manually subscribed by me. Sworn to and subscribed before me this X�j day of January, 1978. Nota3y._ . ublic ' My Commission Expires: VOTAV PUBLIC STATC OF R/)2'D4, AT LARA tAY COMMISSION EYN S AUG. 10 ,147@ l ONDED TEi.CU GL RAL NS. UND' W. ffER5 BCOK 33 PAGE �A CERTIFICATE FOR COMPLIANCE WITH UNIFORM FACSIMILE SIGNATURE OF PUBLIC OFFICIALS ACT STATE OF FLORIDA ) ± )ss COUNTY OF INDIAN RIVER ) I, William C. Wodtke, Jr., Chairman of the Board of County Commissioners of Indian River County, Florida, do hereby file with the Department of State of the State of Florida, my official signature for the purpose of complying with Section 116.34, Florida Statutes, and do hereby certify that the below signature is true and correct and manually subscribed by me. i f Sworn to and subscribed before me { this _1 day of January, 1978. Not'&-Public ' t4MARYPor`.!1r- Y.r My Commission Expires: MYco,E1A!SSQ14trl:.;;AUG. 10,fsio &JNDED TN...0 JAN 181978 Box 33 FaUE' C CERTIFICATE 01' <(:�IJRDIVG OFI1ICE!2 The undersigned f11--RE3i' CERTIFIES that: 1. She is the duly appointed, qualified, and acting Clerkr of the Board of County Commissioners (herein call.^d the Board ), and keeper of the records thereof, including the minutes of its proceedings; 2. The annexed copy cf extracts from the minutes of the gPpirlar meeting of the Board _ held on the 4th day of January 1978 , is I a true, corre^t, and conpared'copy of the whole of the original minutes of said meeting on file and of record insofar as the same relate to the resolution referred -to in said extracts and to the other matters referred to therein; 3'. Said tweeting was duly convened in conformity with • all. ap6licable require.-nents; a proper worum was present through- out sie meetinq and t e• resolution hereinafter mentioned was duly prcposnd, considered, and adopted in conformity 4:ith Gpali- cable requirements: and all other requirements and proceedings incid^nt to the proper ado6tion,of said resolution have been duly fulfilled, carried out, and otherwise observed; 4. He -is duly authorized to execute this Certificate; and 5. The copy of the resolution annexed hereto entitled: RESOLUTION NO. 78-4 A Resolution fixing the interest rate on $1,815,000 Solid Waste Disposal System Revenue Bonds, Series 1977, of the County of Indian River, confirming the sale and award of said bonds, and naming the paying agent for said bonds. is a tr:ie, correct, and ccmparod cony of the original resolution refel:r d tc in 5Pid a rd as finally adopted at said mce::- ing and, to th^ extent required CV lwa , as thereafter duly si,ncd or approved by the proper officer or officers of the Board which resolution is on file and .or. record, WITNESS my hand and the seal of- the Clerk , this !th_. day . o!! Tanliary t 19 78 Freda Wright, Clerk JAN 181978 33 �jj ' EXTRACTS FROM THE MI`N TES OF A County Commission MEETING OF THE Board of County Commissioners OF Indian River County, Florida HELD ON- THE 4th DAY OF January 1978 The Board of County Commissioners of Indian River County, Florida ;met in Regular meeting at Indian River County -Courthouse in the City of Vero Beach _ Florida at '8:`30 o'clock A M. on the 4th day of _January ,19 78, the place, hour, and date duly established for the hold- ing of such meeting.'. The Chairman called the meeting to order and on roll call the following answered present: William C. Wodtke. Jr, r R. Don Deeson Alma Lee Loy Willard W. Siebert, Jr. Edwin S. Schmucker and the following were absent: None The Chafrman declared a quorum present. A Resolution entitled: RESOLUTION NO. 78-4 A Resolution fixing the interest rate on $1,815,000 Solid Waste Disposal System Revenue Bonds, Series 1977, of the County of Indian River, confirming the sale and award of.said bonds, and naming the paying agent for said bonds. was introduced by Mr. William C,. Wodtke, J. 5aid'Resolution was then read in full and discussed and considered. ,SAN 1 Bca 33 PALE I JAN 181978 6COK 33 Willard W. Siebert, Jr. then moved the adoption of the Resolution as introduced and read. Miss Alma Lee Loy seconded the motion, and, on roll call, the following voted "Aye": R_ Don Depnon- Edwin S_ Snhmunkpr Willard W. Siebert. Jr., Alma Lee Loy, William C. Wodtke, JR. and the following voted "Nay": None TheChairnan thereupon declared the motion carried and the Resolution adopted as introduced and read. There being no further business to come before the meeting, upon motion duly made and seconded, the meeting was adjourned. JAN 181978 6COK 33 t CERTIFICATE AS TO PUBLIC MEETINGS STATE OF FLORIDA ss COUNTY OF INDIAN RIVER } We, the undersigned members of the Board of County Commis- sioners of Indian River County, Florida, recognizing that the purchaser of $1,815,000 Solid Waste Disposal System Revenue Bonds, Series 1977, of the County, dated September 1, 1977, will have purchased said Bonds in reliance upon this Certificate, do hereby certify, individually and collectively, that no two or more of us, meeting privately together, reached any prior conclusion as to whether the actions taken by the Board on September 21, 1977, November 2, 1977, and January 4, 1978, with respect to said Bonds, the security therefor and the application of the proceeds thereof, should or should not be taken by the Board or should or should not be recommended as an action to be taken or not to be taken by the Board. IN WITNESS WHEREOF, we have hereunto affixed our official signatures this 4th day of January, 1978. *�� i Sworn to'and subscribed before me this day of January, 1978. Notary &blic of Fl�orr d�( a.t Large My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA AT LARGP MY COMMISSION EXPIRES MLY S. 1978 ONCIEb THRU OFNERAS fwuRANCE UMDERWVIMR JAN 18 1978P,BOXPAGE 4 INCUMBENCY CERTIFICATE I, Freda Wright, the undersigned Clerk of the Circuit Court, ex -officio Clerk of the Board of County Commissioners of Indian River County, Florida, DO HEREBY CERTIFY as follows: 1. The names of the members of the Board of County Commissioners of Indian River County, Florida, and the dates of commencement and expiration of their respective terms of office are as follows: Members Term Began Term Ends William C. Wodtke, Jr. 11/19/74 11/21/78 Alma Lee Loy 11/16/76 11/18/80 W. W. Siebert, Jr. 11/10/76 11/18/80 Edwin S. Schmucker 11/19/74 11/21/78 R. Don Deeson 11/16/76 11/18/80 2. William C. Wodtke, Jr. is the duly elected Chairman of the Board. He began his term of office as such Chairman on January 4, 1978 for a period ending on January 10, 1979 3. All of the above persons have duly filed their oaths of office and such of them as are required by law to file bonds or undertakings have duly filed such bonds or undertakings in the amount and manner required by law. 4. I was duly elected as said Clerk for a term commencing on January 4, 1977, to serve for a period ending on January 6, 1981. I have filed my oath of office and my official bond in the amount and manner required by law. 5. The corporate seal impressed hereon is the true and only corporate seal of the Board of County Commissioners of Indian River County, Florida. -IN WITNESS WHEREOF, I have hereunto set my hand and impressed the of seal of said Board.,'this 42M day of January, 1978. (SEAL) _ Clerk of the CircuitCourt, ex -officio Clerk of the Board of County Commis- sioners of Indian River County, Florida JAN 18 1978 R'CIO K e13 PAGE 7 S R RESOLUTION NO. 78-4 A RESOLUTION FIXING THE INTEREST RATE ON $1,815,000 SOLID WASTE DISPOSAL SYSTEM REVENUE BONDS, SERIES 1977, OF TIIL COUNTY OF INDIA14 RIVER, CONFIRf4ING THE SALE AND AWARD OF SAID BONDS, AND NAMING THE PAYING AGENT FOR SAID BONDS. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: SECTION 1. The $1,815,000 Solid Waste Disposal System Revenue Bonds, Series 1977 (the "Bonds"), heretofore authorized by resolution adopted on November 2, 1977 shall all bear interest at -the rate of five and thirty hundredths per centum (5.300) per annum. SECTION 2. The sale and award of said Bonds to William R. Hough & Co. of Orlando, Florida, at the price of $1,778,700 plus accrued interest from their date to the date of delivery thereof, in accordance with the proposal of said William R. Hough & Co. dated and accepted by the County on September 21, 1977 be and the same is hereby confiVmed. SECTION 3. The Bonds shall be payable as to both principal and interest at Florida First National Bank of Jacksonville, Jacksonville, Florida. SECTION 4. This resolution shall take effect immediately upon its adoption. JAN . BOARD OF COUNTY COIDIISSIONERS INDIAN RIVER COUNTY, FLORIDA BY William C. Wodtke, Or. Chairman ATTEST': ' Freda Wright, C er BCOK 33. PAGE 4J3 ®h K COUNTY OF INDIAN RIVER, a ) political subdivision, ) organized and existing under) and by virtue of the Laws of) the State of Florida, ) Plaintiff, ) VS. ) STATE OF FLORIDA, and the ) Taxpayers, Property Owners ) and Citizens of the County ) of Indian River including ) non-residents owning prop- ) erty or subject to taxation ) therein, et al., ) Defendants. STATE OF FLORIDA COUNTY OF INDIAN RIVER IN THE CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA CIVIL ACTION NO. 77_ ( 7 L/ CERTIFICATE OF NO -APPEAL I, FREDA WRIGHT, do hereby certify that I am the duly elected, qualified and acting Clerk of the Circuit Court in and for Indian River County, Florida. I FURTHER CERTIFY that a Final Judgment validating and confirming $1,815,000 Solid Waste Disposal System Revenue Bonds, Series 1977, was entered in the above cause on the 6th day of . December, 1977; that more than thirty days have elapsed since the entry of said Final Judgment; and that no appeal or exception has been filed to said Final Judgment, and that the validity of said obligations has not been called in question by any proceedings in this Court. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Court, at Vero Beach, Indian River County, Florida, this /09 day of January, 1978. (SEAL) i c, F DA WRIURT, Clerki�rcuit Court Indian River County, Florida JAN. 181973 BGpK 33 FADE ��� ,1 �'yp�•(NE sr4rF� ,e x$t�xr of ,tate c,� c STATE OF FLORIDA THE CAPITOL 0 ��t C.'�•4 � TALLAHASSEE 32304 Opp ,�tpJ $$UCE A. SMATHEBs MARY L. SINGLETON Director, QW19lon of Elections SECRETARY OF STATE 9"498.7690 January 13, 1978 Mr. George G. Collins, Jr. Attorney to the Board of County Commissioners Indian River County 2145-14 Avenue Vero Beach, Florida 32960 Dear Mr. Collins: Your letter of January 10 has been received wherein you enclose two certificates to be filed pursuant to the provisions of Section 116.34, Florida Statutes, relating to the manual signatures of Mr. William C. Wodke,Jr. and Miss Freda Wright. These certificates have been placed on file in our office on January 12, 1978. With kind regards, I remain Cordially, W dAUC. � Mrs. Wilmuth C. Ferrell Bureau Chief Bureau of Election Records .SAN 18 0078 WCF/ce it- ik, A F '0P. ` 1 , 1 �i BANK. N.A. 1=12-78 .�9E MA NNAT'TAN DATE onr re°4 ;. MON „ �E C�iA New York, N Y. 10015 ACCOUNT Na,aBER i BY�P ^hotta^ plaza, `t �• 1 [hose A4o EXPENSE NO. 920_1-014868 AUVICE Of CREDIT T AM 'vT DEPARTMENT Brokers operations $1,130,244.12 YoUR ACCOUNT AS FOLLOWS= Tax . Anticipation notes vaE CREDIT River For Retirement C ties Bank of Indian for a/c First County Vero Beach,Fla- OFFSET of Jacksonvi Atlantic National Bank 11 200 W Forsyth St- 32202 J TO Fla . TYPED aacksonville, u We arge you to retain this advice to assist You in reconciling your account. r v ` JAN 181979 - RCOK 33 PAUL °J 5'1 THE CHASE MANHATTAN SANK, N.A. DATE 1-12-78 MON H ADVICE OF CREDIT 1 Chose Manhattan Plaza, New Y.A. N.Y. 1NSE DAY YEAR ACCOUNT NUMBER EXPENSE NO. DEPARTMENT 920-1-014868 T TAL AM NT Brokers Operations WE CREDIT YOUR ACCOUNT AS FOLLOWS: $683,460.17 For account First Citrus Bank of Indian River County Vero Beach,Fla. for account Solid Waste Disposal System a/c #98-090-886. OFFSET (- Atlantic National Bank of Jackson}il 200 W. Forsyth Street TOJacksonville, Fla. 32202 T L °J TYPED S advice to ass o We urge you to retain thiort you in reconc1mll Your accmmt- t ' E i JAN 8197 0 In the opinion of Bond Counsel, the interest on the Bonds is, under existing laws, regulations and judicial decisions, exempt from all Federal income taxation and the Bonds and the income tbereon are exempt from taxation under the laws of the State of Florida, except as .to taxes imposed by Cbapter 220, Florida Statutes, on interest, income or profits on debt obligations owned by corporations. NEW ISSUE Ratings: ��gg Moody'st A 8%l®® Standard & Poor's: A ,zlilloillirilig liq I i 9 mrn nm;�, Solid Waste Disposal System Revenue Bonds Series 1977 Dated: September 1, 1977 Due: September 1, as shown below The Bonds will be issued as coupon bonds in the denomination of $5,000, registrable as to principal only, shall' bear interest payable initially on March 1, 1978 and semi-annually thereafter on each September 1 and March 1, payable with respect to both principal and interest at Florida First National Bank of Jacksonville, Jacksonville, Florida and shall mature on September 1 in the years and amounts as follows: (Plus. accrued interest) The Bonds maturing in the years 1980 to 1985, both inclusive, are not redeemable prior to their stated dates of maturity. The Bonds maturing in the year 1986 and thereafter shall be redeemable prior to their stated dates of maturity, at the option of the County, in whole or in part, in inverse numerical order if less than all, on September 1, 1985 or on any interest payment date thereafter, at par and accrued interest plus a premium of 2% if redeemed on September 1, 1985. Such premium shall decrease at the rate of '/a of 1% on each September 1 thereafter, but shall in no event be less than 1% of the par value of the Bonds. The Bonds are being issued to finance the cost of construction and acquisition of a landfill site and other facilities for a solid waste disposal system. The Bonds shall be secured by an irrevocable first lien on and pledge of the net revenues derived from the operation of the County's solid waste disposal system and shall be additionally secured by an irrevocable first lien on and pledge of the guaranteed entitlement portion of state revenue sharing trust funds distributable to the County pursuant to Chapter 218, Florida Statutes. The pledge of said net revenues and guaranteed entitlement is subject to certain conditions set forth herein. The Bonds do not constitute general obligations or indebtedness of the County within the meaning of any constitutional or statutory provisions or limitations. The ad valorem taxing power of the County is not pledged for the payment of the Bonds. The Bonds are offered when, as and if issued and received by the Underwriters, subject to the unqualified approval of legality by Freeman, Ricbardson,. Watson, Slade, AlcCarthy.& Kelly, P.A., Jacksonville, Florida, Bond Counsel to the County and certain other conditions. The Bonds in definitive form are expected to be delivered to the Underwriters on or about January 12, 1978. William L HouAh & Co. December 21, 1977 JAN 181978 8COK 33 �PnF-'Juj Coupon Coupon Year Amount Rate Yield Year Amount Rate Yield 1980 $ 75,000 5.30% 4.15% 1988 $125,000 5.30% 5.10% 1981 80,000 5.30 4.30 1989 135,000 5.30 5.15 1982 85,000 5.30 4.45 1990 140,000 5.30 5.20 1983 90,000 5.30 4.60 1991 150,000 5.30 5.25 1984 100,000 5.30 4.70 1992 160,000 5.30 5.30 1985 105,000 5.30 4.80 1993 165,000 5.30 5.35 1986 110,000 5.30 4.90 1994 175,000 5.30 5.40 1987 120,000 5.30 5.00 (Plus. accrued interest) The Bonds maturing in the years 1980 to 1985, both inclusive, are not redeemable prior to their stated dates of maturity. The Bonds maturing in the year 1986 and thereafter shall be redeemable prior to their stated dates of maturity, at the option of the County, in whole or in part, in inverse numerical order if less than all, on September 1, 1985 or on any interest payment date thereafter, at par and accrued interest plus a premium of 2% if redeemed on September 1, 1985. Such premium shall decrease at the rate of '/a of 1% on each September 1 thereafter, but shall in no event be less than 1% of the par value of the Bonds. The Bonds are being issued to finance the cost of construction and acquisition of a landfill site and other facilities for a solid waste disposal system. The Bonds shall be secured by an irrevocable first lien on and pledge of the net revenues derived from the operation of the County's solid waste disposal system and shall be additionally secured by an irrevocable first lien on and pledge of the guaranteed entitlement portion of state revenue sharing trust funds distributable to the County pursuant to Chapter 218, Florida Statutes. The pledge of said net revenues and guaranteed entitlement is subject to certain conditions set forth herein. The Bonds do not constitute general obligations or indebtedness of the County within the meaning of any constitutional or statutory provisions or limitations. The ad valorem taxing power of the County is not pledged for the payment of the Bonds. The Bonds are offered when, as and if issued and received by the Underwriters, subject to the unqualified approval of legality by Freeman, Ricbardson,. Watson, Slade, AlcCarthy.& Kelly, P.A., Jacksonville, Florida, Bond Counsel to the County and certain other conditions. The Bonds in definitive form are expected to be delivered to the Underwriters on or about January 12, 1978. William L HouAh & Co. December 21, 1977 JAN 181978 8COK 33 �PnF-'Juj Indian Riv®r Countye Florida BOARD OF COUNTY COMMISSIONERS William C. Wodtke, Jr. — Cbairman Miss Alma Lee Loy — Vice -Chairman William W. Seibert, Jr. — Commissioner Edwin S. Schmucker — Commissioner R. Don Deeson — Commissioner CLERK OF THE CIRCUIT COURT Freda Wright ATTORNEY FOR THE BOARD George G. Collins, Jr. COUNTY ADMINISTRATOR Jack W. Jennings COUNTY FINANCE OFFICER William P. Jackson INTERGOVERNMENTAL COORDINATOR L. S. Thomas, Jr. GENERAL COUNTY ENGINEERS PROJECT ENGINEERS Beindorf & Associates Post, Buckley, Schuh & Jernigan, Inc. Vero Beach, Florida Miami, Florida BOND COUNSEL Freeman, Richardson, Watson, Slade, McCarthy & Kelly, P.A. Jacksonville, Florida INVESTMENT BANKER William R. Hough & Co. St. Petersburg, Florida f w _A o< J No dealer, broker, salesman or other person has been authorized to make any representations, other than as contained in the Official Statement, and if given or made, such other information or representations must not be relied upon. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy nor shall there be any sale of the Bonds by any person in any jurisdiction in which it is unlawful for such person to make such offer, solicitation or sale. The information contained in this Official Statement has been obtained from public documents, records and other sources considered to be reliable and, while not guaranteed as to completeness or accuracy, is believed to be correct. Any statements in this Official Statement involving estimates, assumptions and matters of opinion, whether or not so expressly stated, are intended as such and not as representations of fact, and the County expressly makes no representation that such estimates, assumptions and opinions will be realized or fulfilled. Any information, estimates, assumptions and matters of opinion contained in this Official Statement are subject to change without notice, and neither the delivery of this Official Statement, nor any sale made hereunder, shall under any circumstances, create any implication that there has been no change in the affairs of the County since the date hereof. IN CONNECTION WITH THE OFFERING OF THE BONDS, THE UNDERWRITERS MAY OVERALLOT OR EFFECT TRANSACTIONS THAT STABILIZE OR MAINTAIN THE MARKET PRICE OF SUCH BONDS AT A LEVEL ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET. SUCH STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME. TABLE OF CONTENTS Page Officials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Table of Contents . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . 3 Summary.......................................... 4 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Description of the Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Sourceand Use of Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Security for the Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Net Revenues of the Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 RevenueSharing Trust Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Amortization Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Table of Projected Revenue, Expense and Debt Service Coverage . . . . . . . . . . . . . . . . . . . 11 Description of the Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . 12 Indian River County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Underwriting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Validity ..........................................36 LegalOpinion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 TaxExemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Litigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 BondRatings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Authorization of and Certification Concerning Official Statement . . . . . . . . . . . . . . . . . . 37 APPENDIX A — Letter Report of Consulting Engineers . . . . . . . . . . . . . . . . . . . . .A-1/13 ' APPENDIX B — Sections of Resolution not included under Description of the Bonds . . . . . . . . . B-1/6 APPENDIX C — Form of Legal Opinion . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-1/2 3 JAN 18 1978 Bco% 33 fgc(3J5 M1 SUMMARY (Subject in all respects to more complete information contained in this Official Statement.) Indian River County (County seat Vero Beach) is located on the east coast of the State of Florida adjacent to and directly south of Brevard County. It is the center of one of the principal citrus growing areas in Florida and the nation. Light industry and tourism are also important to the economy. Population was estimated at 46,184 in 1976 compared to 35,992 recorded by the 1970 U. S. Census. The Bond proceeds are being used for acquisition of a new sanitary land fill site and attendant solid waste disposal equipment. The project was initially financed by tax anticipation notes and was placed in operation in August 1977. The Bond proceeds will be used to retire such notes and pay additional project costs. The Bonds will be payable from and secured by a prior lien on the net revenues derived from operation of the solid waste disposal system. Certain equipment necessary to weigh and charge for waste disposal has not yet been delivered and installed (expected installation date February 1, 1978). The County has covenanted to institute rates within 90 days of delivery of the Bonds. In addition, the Bonds are secured by a prior lien upon the guaranteed entitlement portion of Revenue Sharing Trust Funds distributed to the County by the State of Florida. The County has covenanted that any obligations payable from such Revenue Sharing Trust Funds in addition to the Bonds described herein shall be expressly junior and subordinate in all respects as to lien on and source and security for payment from sucb Revenue Sharing Truss Funds. The guaranteed entitlement is the amount which must be distributed from the state revenue sharing trust fund for counties so that each county receives not less than the amount which it received in the year 1971-72 from intangible taxes on personal property, cigarette taxes and road taxes. The foregoing taxes are the sources of funds deposited in the state revenue sharing trust fund. Revenue sharing funds for all counties for the fiscal year ended June 30, 1977 were $59,381,850 compared to total guaranteed entitlements for all counties of $30,329,957. The largest source of revenue for the revenue sharing trust fund is the intangible tax, consisting of an annual 1 mill tax on stocks, bonds, loans (including bank loans) and accounts receivable and a non-recurring tax of 2 mills on mortgages. In the 1977 fiscal year intangible, cigarette and road taxes were 80%, 18% and 2% respectively of trust fund revenues. (1) First complete year of operation during which service charges will be collected. (2) Based upon estimates of Consulting Engineers for the project. (3) Total funds received by the County from the state revenue sharing trust fund were $360,105 for the fiscal year ended June 30i 1977. Additional obligations may be issued ranking on a parity with Bonds with respect to lien on the net revenues of the solid waste disposal system (but not as to lien on the Revenue Sharing Trust Funds) provided certain debt service coverage tests and other conditions are met as set forth herein. 4 $ca JJ PAVE %lj Fiscal Years Ending September 30 1979(1) 1980 1981 Net Revenues of the Solid Waste $222,700 $310,200 $325,900 Disposal System (2) Revenue Sharing Trust Funds 205,850 205,850 205,850 (Guaranteed Entitlement Portion) (3) $516,050. $531,750 $428,550 Total Pledged Revenues Coverage of Maximum Annual Principal and Interest Requirements 2.30x 2,77x 2.85x ($186,500 in 1992) (1) First complete year of operation during which service charges will be collected. (2) Based upon estimates of Consulting Engineers for the project. (3) Total funds received by the County from the state revenue sharing trust fund were $360,105 for the fiscal year ended June 30i 1977. Additional obligations may be issued ranking on a parity with Bonds with respect to lien on the net revenues of the solid waste disposal system (but not as to lien on the Revenue Sharing Trust Funds) provided certain debt service coverage tests and other conditions are met as set forth herein. 4 $ca JJ PAVE %lj 0 ®fficiel statement $13515,®DD Indian River County, Florida Solid Waste Dispossl System Revenue Bonds Series 1977 INTRODUCTION The purpose of this Official Statement, including the cover page, Summary and appendices, is to set forth information concerning Indian River County (the "County"), its solid waste disposal system and the Solid Waste Disposal System Revenue Bonds, Series 1977 (the "Bonds" or "Obligations"). The Official Statement is being distributed in connection with the sale of the Bonds by the County and for the information of all who may become holders of the Bonds. The Bonds are to be issued under the authority of and in full compliance with the Constitution and Statutes of the State of Florida, particularly Chapter 159, Part I, Florida Statutes; Section 125.01 et seq., Florida Statutes; County Ordinance No. 77-19 enacted on August 3, 1977; Chapter 218, Part II, Florida Statutes, and other applicable provisions of law, and Resolution No. 77-110 adopted on November 2, 1977 by the Board of County Commissioners of the County (the "Board"). Resolution No. 77-110 authorized the issuance of the Bonds and is referred to herein as the "Resolution." Certain sections of the Resolution are reproduced herein under the captions "Security for the Bonds" and "Description of the Bonds." The remaining sections are reproduced as Appendix B. DESCRIPTION OF THE PROJECT The project being financed from the proceeds of the Bonds consists of a solid waste disposal system (the "Facilities") and includes rolling stock, transfer stations, a central disposal facility and. a4and site. Construction and acquisition costs are estimated to be $1,212,000. The Consulting Engineers for the County in connection with the project and the Facilities are Post, Buckley, Schuh & Jernigan, Inc., Consulting Engineers and Planners of Miami, Florida. Their letter describing the project and the. Facilities is included herein as Appendix A and Table 3 thereof is a breakdown of the various estimated construction and acquisition costs. Prior to the placing in operation of the Facilities on August 1, 1977, the County had operated a landfill site adjacent to the Vero Beach municipal airport. A new landfill site was needed because of its attraction to birds and the resulting safety hazard. The Facilities were initially financed by the issuance of $1,100,000 outstanding 4.65% tax anticipation notes which will be retired from the proceeds of the Bonds. Application of Bond proceeds is estimated to be as shown on the following page. JAN 181978 V Source of Funds: SOURCE AND USE OF FUNDS Par Value of Bonds $1,815,000.00 Less Discount 36,300:00 $1,778,700.00 Accrued Interest 35,004.29 Total Sources $1,813,704.29 Use of Funds: Retirement of Tax Anticipation Notes (1) Principal $1,100,000.00(2) Accrued Interest 30,244.12(2) $1,130,244.12 Additional Construction Funds (Including Contingency)(3) 167,260.88 Accrued Interest on the Bonds 35,004.29 Interest on the Bonds for One Year from the Date of Issuance 96,195.00 Operating Reserve Fund 260,000.00 Sinking Fund Reserve Account 100,000.00 Legal, Fiscal and Administrative Costs 25,000.00 Total Uses $1,813,704.29 (1) Project construction and acquisition costs in the estimated amount of $1,212,000 are being temporarily financed through the issuance of tax anticipation notes. (2) To be applied to retirement of $1,100,000 outstanding notes issued to finance the project prior to issuance of the Bonds. Retirement of the notes will be by redemption in advance of maturity at par plus accrued interest. Includes $112,300 for additional construction and acquisition costs and construction contingency of $54,960.88. SECURITY FOR THE BONDS The Resolution provides that the Bonds shall be secured in the following spanner: PLEDGE OF NET REVENUES AND REVENUE SHARING TRUST FUNDS. A. The payment of the principal of and interest on the Obligations shall be secured forthwith equally and ratably by an irrevocable lien on the Net Revenues derived from the operation of the Facilities prior and superior to all other liens or encumbrances on such Net Revenues, and the Issuer does hereby irrevocably pledge such Net Revenues from the Facilities to the payment of the principal of and interest on the Obligations, for the reserves therefor and for all other required payments. B. The payment of the principal of and interest on the Obligations shall be further secured forthwith equally and ratably by an irrevocable lien on the Revenue Sharing Trust Funds, as herein defined, prior and superior to all other liens and encumbrances on such Revenue Sharing Trust Funds, and the Issuer does hereby irrevocably pledge such Revenue Sharing Trust Funds to the payment of the principal of and interest on, and reserves for, the Obligations. (Section 14 of the Resolution.) NET REVENUES OF THE FACILITIES The County has not in the past charged for disposal of solid waste at its sanitary landfill site. The Consulting Engineers have estimated revenues and expenses for the fiscal years 1978 through 1994 and stated the basis for their projections, in their letter included as Appendix A hereof. The resulting Net Revenues are shown hereafter in the "TABLE OF PROJECTED REVENUE, EXPENSE AND DEBT SERVICE COVERAGE." Certain equipment necessary for weighing and charging for solid waste disposal has not yet been installed and no disposal fees have -been initiated to date. The estimated installation date of such equipment is February 1, 1978. The County has covenanted in the Resolution to enact rates within 90 days following delivery of the Bonds. 'JAN 4 81915 BCOK v3' FAGS 8 FJ M REVENUE SHARING TRUST FUNDS 10 Revenue Sharing Trust Funds are defined in the Resolution to mean the "guaranteed entitlement" portion of such funds as defined in, and which are payable to the County under, Chapter 218, Part 11, Florida Statutes (the "Revenue Sharing Act"). Guaranteed entitlement as it applies to Florida counties is defined in the Revenue Sharing Act to mean the amount of revenue which must be shared with an eligible unit of local government so that no eligible county shall receive less funds from the revenue sharing trust fund for counties in any fiscal year than the amount received in the aggregate from the state in the fiscal year 1971-72 under the provisions of the then existing Section 210.20(2)(c), tax on cigarettes; Section 323.16(4), road tax and Section 199.292(4), taxes on intangible personal property. Revenue Sharing Act The Revenue Sharing Act creates a revenue sharing trust fund for counties (as well as a similar fund for municipalities) and sets forth criteria for participation in revenue sharing, the method of distribution and a formula basis for apportionment of receipts available for distribution. For counties the apportionment factor is composed of three equally weighted portions: (a) each eligible county's percentage of the total population of all eligible counties in the state; (b) each eligible county's percentage of the total population of the state residing in unincorporated areas of all eligible counties; (c) each eligible county's percentage of total sales tax collections in all eligible counties during the preceding year. The amount to be distributed to each county is determined by adjusting the amount resulting from application of the apportionment factor so that no eligible county shall receive less than its guaranteed entitlement and also so that no county shall receive less than its minimum entitlement (the amount of revenue required to pay debt service on obligations issued prior to the Revenue Sharing Act and secured by revenues to be deposited in the revenue sharing trust fund — Indian River County has no such obligations outstanding). To be eligible to participate in revenue sharing beyond the minimum entitlement, a county must have: (a) reported its finances for its most recently completed fiscal year to the Department of Banking and Finance pursuant to Section 218.32 Florida Statutes; (b) made provision for annual post audits of its financial accounts in accordance with provisions of law; (c) levied, as shown on its most recent financial report pursuant to Section 218.32, Florida Statutes, ad valorem taxes, exclusive of taxes levied for debt service or other special millage authorized by the voters, to produce the revenue equivalent to a millage rate of 3 mills on the dollar based on the 1973 taxable values as certified by the property appraiser pursuant to Section 193.122(2), Florida Statutes or, in order to produce revenue equivalent to that which would otherwise be produced by such 3 mill ad valorem tax, to have collected an occupational license tax or a utility tax, or both of these taxes, in combination with the ad valorem tax; (d) certified compliance with standards for qualification for employment of police officers, minimum annual salary rate for full time police officers and salary structure and salary plans for police officers. For the past four years all Florida counties have maintained their eligibility to participate in revenue sharing. During the initial period in which the Revenue Sharing Act was in effect, four small counties were ineligible due to the then existing level of tax levies. Covenant Concerning Eligibility to Receive Guaranteed Entitlement Section 15(V) of the Resolution,. which is reproduced elsewhere herein, provides in part that: "The Issuer shall always be irrevocably and unconditionally obligated to take such action as may be required to entitle it to receive such Revenue Sharing Trust Funds in the maximum amount provided by law." Sources of Revenue for the Revenue Sharing Trust Fund for Counties The three following taxes, or portions thereof, are required to be deposited in the revenue sharing trust fund for counties after deducting therefrom certain charges for administration and collection: I _ .._ . �_...._.- a __.,. � .,�._,- r•,�.,-�- ....,yam MM -- ROK JJ PA'a • }� F Intangible Personal Property Taxes ("intangible. taxes") — Chapter 199, Florida Statutes levies an annual tax of 1 mill on all stocks or shares of incorporated or unincorporated companies, business trusts and mutual funds; all beneficial interest of residents in trusts; and all notes, bonds and other obligations for the payment of money (except obligations secured by a lien on real property located in the state). In addition, a nonrecurring tax of 2 mills is levied on obligations secured by a lien on real property located in the state at the time of recording. Certain intangible property is exempt from intangible taxes including government owned property, franchises, partnership interests, bonds of Florida governmental units or the U. S. Government and its agencies, property held by employee benefit plans and charitable institutions and obligations secured by a lien on real property situated outside the state upon which a tax has already been paid. In addition, individual taxpayers receive an exemption for the first $20,000 of intangible property. Intangible tax collections have been as shown below for fiscal years ended June 30: 1977. Stocks, Bonds, Loans and Accounts Receivable (Annual) $68,452,616 Mortgages (Nonrecurring) 24,722,517 Total $93,175,133 1976 1975 1974 $58,226,569 $53,425,385(1) $62,511,677 1973 $58,515,826(2) 20,326,127 18,985,447 31,710,251 32,219,620 $78,552,696 $72,410,832 $94,221,928 $90,735,446 (1) Reflects a decrease of approximately $10 million following exemption of the first $20,000 of individually owned intangible property, effective January 1, 1975. (2) Reflects an increase of approximately $9 million as the result of bank loans becoming taxable effective January 1, 1973. The Florida Department of Revenue, which collects the intangible tax, does not at present have a record of the amounts of the 1 mill annual tax collected on each of the various categories. However, the Department of Revenue estimates that the 1975-76 tax collections were derived approximately as follows (an estimate for 1976-77 is not yet available): Bank Loans 16% Non -Bank Loans and Accounts Receivable 16 Stocks 56 Bonds 12 100% Various administrative costs of the Department of Revenue ($2,997,266 in' 1976-77) are paid from the intangible taxes and the balance is transferred on the basis of 55% to the revenue sharing trust fund for counties and 45% to the state general revenue fund. Cigarette Taxes — Pursuant to Chapter 210, Florida Statutes a state tax is levied at varying rates depending upon length of cigarettes and number of cigarettes in a package. The tax for a package of 20 cigarettes no longer than 4 inches is 21 cents. After deducting a service charge, 1/21 of the total is required to be deposited in the county revenue sharing trust fund. Prior to July 1, 1977 the tax for a standard package of cigarettes had been 17 cents and the amount deposited to the trust fund was 1/17 of the net collections. Road Tax — Chapter 323, Florida Statutes levies a state road tax on motor carriers operating for compensation at rates based upon size and other factors. The road tax is disposed of as follows: (1) 35% for use by the Florida Public Service Commission for administration, (2) 2% to the revenue sharing trust fund for municipalities and (3) the remainder (63%) to the revenue sharing trust fund for counties. 8 1• BCDK FAGf •, 5 f County Revenue Sharing Trust Fund Receipts and Appropriations (1) Beginning with the 1974 fiscal year all available funds are appropriated automatically. Source: Florida Department of Administration Coverage of Guaranteed Entitlements of all Counties by County Revenue Sharing Trust Fund Receipts The following table shows the receipts deposited into the revenue sharing trust fund for counties since its inception and illustrates the ratio by which such receipts cover the total guaranteed entitlements of all Florida counties. Fiscal Years Ended June 30th 1977 1976 1975 1974 1973 Intangible Tax $47,435,482 $39,282,322 $35,972,314 $51,819,219 $440,655,872 Cigarette Tax 10,493,951 10,172,703 9,881,102 9,785,612 9,127,591 Road Tax 1,452,417 1,292,159 1,379,268 1,829,705 1,335,075 Total Receipts $59,381,850 $50,747,184 $47,232,684 $63,434,536 $51,118,538 Beginning Balance 34 45 5,323,389 12,118,538 — Total Available $59,381,884 $50,747,229 $52,556,073 $75,553,074 $51,118,538 Appropriation (1) $59,381,884 $50,747,229 $52,556,073 $68,526,684 $39,000,000 Other Transfers — — $ 1,703,001 — (1) Beginning with the 1974 fiscal year all available funds are appropriated automatically. Source: Florida Department of Administration Coverage of Guaranteed Entitlements of all Counties by County Revenue Sharing Trust Fund Receipts The following table shows the receipts deposited into the revenue sharing trust fund for counties since its inception and illustrates the ratio by which such receipts cover the total guaranteed entitlements of all Florida counties. INDIAN RIVER COUNTY, FLORIDA GUARANTEED ENTITLEMENT, ADDITIONAL STATE REVENUE SHARING RECEIPTS AND TOTAL STATE REVENUE SHARING RECEIPTS Fiscal Years Ended June 30th 1977 1976 1975 1974 1973 County Revenue Sharing Guaranteed Entitlement $205,850 $205,850 Trust Fund Receipts $59,381,850 $50,747,184 $47,232,684 $63,434,536 $51,118,538 Guaranteed Entitlements 50,957 183,959 Total State Revenue Sharing Receipts (1) for all Florida Counties $30,329,957 $30,329,957 $30,329,957 $30,329,957 $30,329,957 Times Coverage 1.96x 1.67x 1.56x 2.09x 1.69x INDIAN RIVER COUNTY, FLORIDA GUARANTEED ENTITLEMENT, ADDITIONAL STATE REVENUE SHARING RECEIPTS AND TOTAL STATE REVENUE SHARING RECEIPTS NOTE: Reference should be made to the table above which illustrates the amount and ratio by which all Florida county revenue sharing trust fund receipts exceed the guaranteed entitlements for all Florida counties. (1) The holders of the Bonds will only have a lien upon the guaranteed entitlement portion of the total state revenue sharing receipts distributable to Indian River County. 9 State Fiscal Years Ended June 30 1977 1976 1975 1974 Guaranteed Entitlement $205,850 $205,850 $205,850 $205,850 Additional Revenue Sharing Receipts 154,255 98,263 50,957 183,959 Total State Revenue Sharing Receipts (1) $360,105 $304,113 $256,807 $389,809 NOTE: Reference should be made to the table above which illustrates the amount and ratio by which all Florida county revenue sharing trust fund receipts exceed the guaranteed entitlements for all Florida counties. (1) The holders of the Bonds will only have a lien upon the guaranteed entitlement portion of the total state revenue sharing receipts distributable to Indian River County. 9 10 JAN 181978 sca 3 fAi,z 3-Lj;O AMORTIZATION SCHEDULE $1,815,000 -� INDIAN RIVER COUNTY, FLORIDA SOLID WASTE DISPOSAL SYSTEM REVENUE BONDS SERIES 1977 Fiscal Year Interest Total Ending Principal (Due March 1 and Principal September 30 (Due September 1) September 1) and Interest 1978 $96,195(1) $ 96,195(1) 1979 96,195(1) 96,195(1) 1980 $ 75,000 96,195 171,195 1981 80,000 92,220 172,220 1982 85,000 87,980 172,980 1983 90,000 83,475 173,475 1984 100,000 78,705 178,705 1985 105,000 73,405 178,405 1986 110,000 67,840 177,840 1987 120,000 62,010 182,010 1988 125,000 55,650 180,650 1989 135,000 49,025 184,025 1990 140,000 41,870 181,870 1991 150,000 34,450 184,450 1992 160,000 26,500 186,500 1993 165,000 18,020 183,020 1994 175,000 9,275 184,275 (1) Includes interest to be paid from Bond proceeds for one year from the date of issuance (estimated January 12, 1978). 10 JAN 181978 sca 3 fAi,z 3-Lj;O i .1--, - ,._ --- INDIAN RIVER COUNTY, FLORIDA TABLE OF PROJECTED REVENUE, EXPENSE AND DEBT SERVICE COVERAGE Revenue Revenues and Expenses of the Shag Total Fiscal Solid Waste Disposal System (1) Trust Funds Revenues Principal Debt Years Ending Gross Operating Net (Guaranteed Pledged for And Interest Service September 30 Revenue. Expenses Revenue Entitlement) Debt Service Requirements Coverage, 1978 $ 382,500 $ 175,000 $207,500(2) $205,850 205,850 $413,350(2) 428,550 (3) $ 61,725(3) - 6.94x 1979 1980 416,700 526,200 194,000 222,700 216,000 310,200 205,850 516,050 171,195 3.01x 1981 5659900 240,000 325,900 205,850 531,750 172,220 3.09x 1982 607,000 279,000 328,000 205,850 533,850 172,980 3.09x 1983 648,000 321,000 327,000 205,850 532,850 173,475 3.07x 1984 788,400 368,000 420,400 205,850 626,250 178,705 3.50x 1985 835,200 420,000 415,200 205,850 621,050 178,405 .3.48x 1986 882,000 478,000 404,000 205,850 609,850 177,840 3.43x 1987 936,000 525,000 411,000 205,850 616,850 182,010 3.39x 1988 1,072,500 578,000 494,500 205,850 700,350 180,650 3.88x 1989 1,129,700 634,000 495,700 205,850 701,550 184,025 3.81x 1990 1,188,200 697,000 4919200 205,850 697,050 181,870 3.83x 1991 1,390,600 764,000 626,600 205,850 832,450 184,450 4.51x 1992 19455,800 837,000 618,800 205,850 824,650 186,500(4) 4.42x 1993 1,626,000 917,000 709,000 205,850 914,850 183,020 5.00x 1994 19694,200 1,003,000 691,200 205,850 897,050 184,275 4.87x (1) Based upon Consulting Engineers' estimates contained in Appendix A, but excluding renewal and replacement requirements from annual costs of operation. (2) Assumes collection of disposal charges beginning October 1, 1977. Certain weighing equipment necessary for collection of disposal charges is not scheduled for installation until February 1, 1978. (3) Interest capitalized for one year from issuance of the Bonds. Estimated delivery date January 12, 1978. (4) Maximum annual principal and interest requirement. 13 DESCRIPTION OF THE BONDS Certain sections of the Resolution are shown below in order to furnisb a description of the Bonds. Sections of the Resolution not included below are contained in Appendix B. SECTION 1. AUTHORITY FOR THIS RESOLUTION. This resolution is adopted pursuant to Chapter 159, Part I, Florida Statutes, Section 125.01, et seq., Florida Statutes, County Ordinance No. 77-19 enacted August 3, 1977, Chapter 218, Part II, Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS. The following terms shall have the following meanings herein, unless the text otherwise expressly requires: A. "Issuer" shall mean Indian River County, Florida. B. "Act" shall mean Chapter 159, Part I, Florida Statutes, Section 125.01, et seq., Florida Statutes, County Ordinance No. 77-19 enacted August 3, 1977, and Chapter 218, Part Il, Florida Statutes. C. `Obligations" shall mean the $1,815,000 Solid Waste Disposal System Revenue Bonds, Series 1977 herein authorized to be issued, together with any additional parity obligations hereafter issued under the terms, conditions and limitations contained herein. D. "Holder of Obligations" or `Obligation Holders" or any similar term shall mean any person who shall be the bearer or owner of any outstanding Obligation or Obligations registered to bearer, or not registered or the registered owner of any such Obligation or Obligations which shall at the time be registered other than to bearer. E. "Additional Parity Obligations" shall mean additional Obligations issued in compliance with the terms, conditions and limitations contained in subsection 15R hereof which have an equal lien on the Net Revenues, as herein defined, and rank equally in all respects with such Obligations initially issued hereunder as to lien on and security for payment from such Net Revenues. F. "Facilities" shall mean the complete solid waste disposal system to be owned, operated and maintained by the Issuer, together with any and all improvements, extensions and additions thereto hereafter constructed or acquired. G. "Gross Revenues" or "Revenues" shall mean all income or earnings, including any income from the. investment of funds unless otherwise provided herein, derived by the Issuer from the operation of the Facilities. H. "Cost of operation and maintenance" of the Facilities shall mean the current expenses, paid or accrued, Of operation, maintenance and repair of the Facilities, as calculated in accordance with sound accounting practice, but shall not include any reserves for renewals and replacements, extraordinary repairs or any allowance for renewals, replacements and depreciation. I. "Net Revenues" of the Facilities shall mean the Revenues or Gross Revenues, as defined in subsection G above, after deduction of the Cost of Operation and Maintenance, as defined in subsection H above. J. "Consulting Engineers" shall mean such qualified and recognized consulting engineers, having a nationwide and favorable repute for skill and experience in the construction and operation of such Facilities at the time retained by the Issuer to perform the acts and carry out the duties m herein provided for such Consulting Engineers. K. "Revenue Sharing Trust Funds" shall mean the "guaranteed'entitlement" portion of such funds as defined in, and which are payable to the Issuer under, Chapter 218, Part II, Florida Statutes. 12 , 8Ci1K tPiJ PAGE •jl. e r - L if e L. "Authorized Investments" shall mean direct obligations of the United States of America, obligations unconditionally guaranteed by the United States of America or time deposits represented by Certificates of Deposit fully secured in the manner provided by the laws of the State of Florida. M. "Fiscal Year" shall mean the period commencing on October 1 of each year and ending on the succeeding September 30. N. Words importing singular number shall include the plural number in each case and vice versa, and words importing persons shall include firms and corporations. Geese SECTION 5. RESOLUTION TO CONSTITUTE CONTRACT. In consideration of the acceptance of the Obligations authorized to be issued hereunder by those who shall hold the same from time to time, this resolution shall be deemed to be and shall constitute a contract between the Issuer and such holders. The covenants and agreements herein set forth to be performed by the Issuer shall be for the equal benefit, protection and security of the legal holders of any and all of such Obligations and the coupons attached thereto, all of which shall be of equal rank and without preference, priority or distinction of any of the Obligations or coupons over any other thereof, except as expressly provided therein and herein. SECTION 7. DESCRIPTION OF OBLIGATIONS. The Obligations shall be dated September 1, 1977; shall be numbered consecutively from one upward; shall be in the denomination of $5,000 each; shall bear interest at such rate or rates not exceeding the maximum rate fixed by the Act or by other applicable law, the actual rate or rates to be determined by the governing body of the issuer prior to the delivery of the Obligations; such interest to be payable semiannually on March 1 and September 1 of each year; and shall mature serially in numerical order, on September 1 in the years and amounts as follows: YEAR AMOUNT YEAR AMOUNT 11980 $ 75,000 1988 $125,000 1981 80,000 1989 135,000 1982 85,000 1990 140,000 1983 90,000 1991 150,000 1984 100,000 1992 160,000 1985 105,000 1993 165,000 1986 110,000 1.994 175,000 1987 120,000 Such Obligations shall be issued in coupon form; shall be payable to bearer unless registered as hereinafter provided; shall be payable with respect to both principal and interest at a bank or banks to be subsequently determined by the Issuer prior to the delivery of the obligations; shall be payable in lawful money of the United States of America; and shall bear interest from their date, payable in accordance with and upon surrender of the appurtenant interest coupons as they severally mature. 0000® SECTION 9. NEGOTIABILITY AND REGISTRATION. The Obligations and the coupons appertaining thereto issued hereunder shall be and shall have all of the qualities and incidents of negotiable instruments under the law merchant and the Laws of the State of Florida, and each successive holder, in accepting any of such 13 JAN 181978 33 OACE.31 2N i Obligations or the coupons appertaining thereto, shall be conclusively deemed to have agreed that such Obligations shall be and have all of the qualities and incidents of negotiable instruments under the law merchant and the Laws of the State of Florida. The Obligations may be registered at the option of the holder as to principal only, at the office of the Clerk of the Board of County Commissioners of Indian River County, as Registrar, or such other Registrar as may be hereafter duly appointed, such registration to be noted on the back of the Obligations in the space provided therefor. After such registration as to principal only, no transfer of the Obligations shall be valid unless made at such office by written assignment of the registered owner, or by his duly authorized attorney in a form satisfactory to the Registrar, and similarly noted on the Obligations, but the Obligations may be discharged from registration being in like manner transferred to bearer and thereupon transferability by delivery shall be restored. At the option of the holder, the Obligations may thereafter again from time to time be registered or transferred to bearer as before. Such registration as to principal only shall not affect the negotiability of the coupons which shall continue to pass by delivery. Goose SECTION 11. PROVISIONS FOR REDEMPTION. The Obligations of this issue maturing in the years 1980 to 1985, both inclusive, shall not be redeemable prior to their respective stated dates of maturity. The Obligations maturing in the year 1986 and thereafter shall be redeemable prior to their respective stated dates of maturity, at the option of the Issuer, in whole or in part, in inverse numerical order if less than all, on September 1, 1985, or on any interest payment date thereafter at par and accrued interest to the date of redemption, plus a premium of two per, centum (2%) of the par value thereof, if redeemed on September 1, 1985. Such premium shall reduce at the rate of one-fourth of one per centum ('/o%) on each September 1 thereafter; provided, however, that such premium shall never be less than one per centum (1%) of the par value thereof. Notice of such redemption (i) shall be published at least thirty (30) days prior to the redemption date in a financial journal published in the Borough of Manhattan, City and State of New York, (ii) shall be filed with the paying agents, and (iii) shall be mailed, postage prepaid, to all registered owners of Obligations to be redeemed at their addresses as they appear on the registration books hereinabove provided for. Interest shall cease to accrue on any Obligation duly called for prior redemption on the redemption date, if payment thereof has been duly provided. Geese SECTION 13. OBLIGATIONS NOT DEBT OF ISSUER. Neither the Obligations nor coupons shall be or constitute general obligations or indebtedness of the Issuer as "bonds" within the meaning of the Constitution of Florida, but shall be payable solely from and secured by a lien upon and a pledge of the special funds as herein provided. No holder or holders of any Obligations issued hereunder or of any coupons appertaining thereto shall ever have the right to compel the exercise of the ad valorem taxing power of the Issuer or taxation in any form of any real property therein to pay such Obligations or the interest thereon or be entitled to payment of such principal and interest from any other funds of the Issuer except from the special funds in the manner provided herein. . SECTION 14. PLEDGE OF NET REVENUES. AND REVENUE SNARING TRUST FUNDS. A. The payment of the principal of and interest on the Obligations shall be secured forthwith equally and ratably by an irrevocable lien on the Net Revenues derived from the operation of the Facilities prior and superior to all other liens or encumbrances on such Net Revenues, and the Issuer does hereby irrevocably pledge such Net Revenues from the Facilities to the payment of the principal of and interest on the Obligations, for the reserves therefor and for all other required payments. 14 a. Brox 33 PAGE310' e .- B. The payment of the principal of and interest on the Obligations shall be further secured forthwith equally and ratably by an irrevocable lien on the Revenue Sharing Trust Funds, as herein defined, prior and superior to all other liens and encumbrances on such Revenue Sharing Trust Funds, and the Issuer does hereby irrevocably pledge such Revenue Sharing Trust Funds to the payment of the principal of and interest on, and reserves for, the Obligations. SECTION 15. COVENANTS OF THE ISSUER. For as long as any of the principal of and interest on any of the Obligations shall be outstanding and unpaid or until there shall have been set apart in the Sinking Fund, herein established, including the Reserve Account therein, a sum sufficient to pay when due the entire principal of the Obligations remaining unpaid, together with interest accrued or to accrue thereon, the Issuer covenants with the holders of any and all obligations as follows: A. REVENUE FUND. The entire Gross Revenues derived from the Operation of the Facilities shall upon• receipt thereof be deposited in the "Solid Waste Disposal System Revenue Fund" (hereinafter called "Revenue Fund"), hereby created and established. Such Revenue Fund shall constitute a trust fund for the purposes herein provided, and shall be kept separate and distinct from all other funds of the Issuer and used only for the purposes and in the manner herein provided. B. DISPOSITION OF REVENUES. All revenues at any time remaining on deposit in the Revenue Fund shall be disposed of as they are received by the Issuer, commencing in the month immediately following the delivery of the Obligations only in the following manner and in the following order of priority: (1) Revenues shall first be used for deposit into a fund to be known as the "Solid Waste Disposal System Operating Account" (hereinafter called "Operating Account"), which is hereby established and created, such sums as are necessary for the cost of operating and maintaining the System during the current Fiscal Year in accordance with the budget to be adopted as hereinafter .provided. There shall initially be deposited into a separate special fund in said Account, to be known as the "Operating Reserve Fund" which is hereby created and established, from the proceeds derived from the sale of the Obligations, the sum of Two Hundred Sixty Thousand Dollars ($260,000). Moneys on deposit in said Operating Reserve Fund shall be used for the payment of initial operating and administrative costs of the System during the first full year following the delivery of the Obligations to the extent that Revenues of the System are insufficient for such purposes. Any moneys remaining in the Operating Reserve Fund at the end of the first full year following the delivery of the Obligations, which shall not have beer, used for ,he purposes set forth above, shall be transferred and deposited into the Reserve Account in the Sinking Fund until the Reserve Account shall br at least equal to the largest amount of principal and interest becoming due on the Obligations in any ensuing Fiscal Year. When the moneys on deposit in the Reserve Account shall be at least equal to the maximum annual principal and interest .on the Obligations becoming due in any ensuing Fiscal Year, the balance remaining in the Operating Reserve Fund which is not necessary for or which has not been used for deposit into the Reserve Account shall be deposited into the Renewal and Replacement Fund. (2) From the moneys remaining in the Revenue Fund, the Issuer shall next deposit into a separate fund which is hereby created and designated "Solid Waste Disposal System Revenue Bonds Sinking Fund" (hereinafter called "Sinking Fund"), such sums as will be sufficient to meet the payments of principal of and interest on the Obligations becoming due during the current Fiscal Year. All such payments, as provided above, shall include an amount sufficient to pay.the fees and charges of the paying agents. Such payments shall be increased or reduced proportionately to tip: extent required to pay such interest becoming due, after making allowance for the amounts of money which will be deposited in the Sinking Fund out of proceeds from the sale of the Obligations to pay interest on the Obligations. (3) Moneys remaining in the Revenue Fund shall next be applied by the Issuer for the establishment and maintenance of a Reserve Account in the Sinking Fund in a sum at least ' equal to and sufficient to, pay the maximum amount of principal and interest on all outstanding Obligations becoming due in any ensuing Fiscal Year. The sum of One Hundred Thousand Dollars ($100,000) shall be initially deposited into the Reserve Account from a portion of the proceeds of the sale of the Obligations. is 1 JAN 18 19708 8CO 1) FAGt.31 / - o .- B. The payment of the principal of and interest on the Obligations shall be further secured forthwith equally and ratably by an irrevocable lien on the Revenue Sharing Trust Funds, as herein defined, prior and superior to all other liens and encumbrances on such Revenue Sharing Trust Funds, and the Issuer does hereby irrevocably pledge such Revenue Sharing Trust Funds to the payment of the principal of and interest on, and reserves for, the Obligations. SECTION 15. COVENANTS OF THE ISSUER. For as long as any of the principal of and interest on any of the Obligations shall be outstanding and unpaid or until there shall have been set apart in the Sinking Fund, herein established, including the Reserve Account therein, a sum sufficient to pay when due the entire principal of the Obligations remaining unpaid, together with interest accrued or to accrue thereon, the Issuer covenants with the holders of any and all obligations as follows: A. REVENUE FUND. The entire Gross Revenues derived from the Operation of the Facilities shall upon• receipt thereof be deposited in the "Solid Waste Disposal System Revenue Fund" (hereinafter called "Revenue Fund"), hereby created and established. Such Revenue Fund shall constitute a trust fund for the purposes herein provided, and shall be kept separate and distinct from all other funds of the Issuer and used only for the purposes and in the manner herein provided. B. DISPOSITION OF REVENUES. All revenues at any time remaining on deposit in the Revenue Fund shall be disposed of as they are received by the Issuer, commencing in the month immediately following the delivery of the Obligations only in the following manner and in the following order of priority: (1) Revenues shall first be used for deposit into a fund to be known as the "Solid Waste Disposal System Operating Account" (hereinafter called "Operating Account"), which is hereby established and created, such sums as are necessary for the cost of operating and maintaining the System during the current Fiscal Year in accordance with the budget to be adopted as hereinafter .provided. There shall initially be deposited into a separate special fund in said Account, to be known as the "Operating Reserve Fund" which is hereby created and established, from the proceeds derived from the sale of the Obligations, the sum of Two Hundred Sixty Thousand Dollars ($260,000). Moneys on deposit in said Operating Reserve Fund shall be used for the payment of initial operating and administrative costs of the System during the first full year following the delivery of the Obligations to the extent that Revenues of the System are insufficient for such purposes. Any moneys remaining in the Operating Reserve Fund at the end of the first full year following the delivery of the Obligations, which shall not have beer, used for ,he purposes set forth above, shall be transferred and deposited into the Reserve Account in the Sinking Fund until the Reserve Account shall br at least equal to the largest amount of principal and interest becoming due on the Obligations in any ensuing Fiscal Year. When the moneys on deposit in the Reserve Account shall be at least equal to the maximum annual principal and interest .on the Obligations becoming due in any ensuing Fiscal Year, the balance remaining in the Operating Reserve Fund which is not necessary for or which has not been used for deposit into the Reserve Account shall be deposited into the Renewal and Replacement Fund. (2) From the moneys remaining in the Revenue Fund, the Issuer shall next deposit into a separate fund which is hereby created and designated "Solid Waste Disposal System Revenue Bonds Sinking Fund" (hereinafter called "Sinking Fund"), such sums as will be sufficient to meet the payments of principal of and interest on the Obligations becoming due during the current Fiscal Year. All such payments, as provided above, shall include an amount sufficient to pay.the fees and charges of the paying agents. Such payments shall be increased or reduced proportionately to tip: extent required to pay such interest becoming due, after making allowance for the amounts of money which will be deposited in the Sinking Fund out of proceeds from the sale of the Obligations to pay interest on the Obligations. (3) Moneys remaining in the Revenue Fund shall next be applied by the Issuer for the establishment and maintenance of a Reserve Account in the Sinking Fund in a sum at least ' equal to and sufficient to, pay the maximum amount of principal and interest on all outstanding Obligations becoming due in any ensuing Fiscal Year. The sum of One Hundred Thousand Dollars ($100,000) shall be initially deposited into the Reserve Account from a portion of the proceeds of the sale of the Obligations. is 1 JAN 18 19708 8CO 1) FAGt.31 / a MM Thereafter, to the extent necessary to maintain said Reserve Account, there shall be deposited therein in each Fiscal Year, after providing for the payments required in (1) and (2) above, from the moneys remaining in the Revenue Fund, an amount equal to twenty per centum (20%) of the maximum amount of principal and interest on all outstanding Obligations becoming due in any ensuing Fiscal Year. No further payments shall be required to be made into such Reserve Account as long as there shall remain on deposit therein a sum equal to the maximum amount of principal and interest on all outstanding Obligations becoming due in any ensuing Fiscal Year. Any withdrawals from the Reserve Account shall be subsequently restored from the first moneys available in the Revenue Fund after all required current payments for the Operating Account, the Sinking Fund, and the Reserve Account, including all deficiencies for prior payments, have been made in full. Moneys in the Reserve Account shall be used only for the purpose of the payment of maturing principal of or interest on the Obligations when the other moneys in the Sinking Fund are insufficient therefor, and for no other purpose. (4) Upon the issuance by the Issuer of any Additional Parity Obligations under the terms, limitations and conditions provided in this resolution, the payments into the Sinking Fund shall be increased in such amounts as are necessary to make the payments required above for the principal of and interest on, and reserve for such Additional Parity Obligations on the same basis as hereinabove provided with respect to the outstanding Obligations. The Issuer may establish and maintain separate reserve accounts for each issue of Additional Parity Obligations; provided that the sum required to be accumulated and maintained on deposit in the separate reserve accounts shall be at least equal to the maximum principal of and interest on the respective Additional Parity Obligations becoming due in any ensuing fiscal year. Such required sum may be paid in full or in part from the proceeds of such Additional Parity Obligations or may be accumulated in equal payments in the separate reserve accounts over such period of years, not, however, to exceed five (5) years from the date of the respective issue of Additional Parity Obligations, as determined by the Issuer. The Issuer shall not be required to make any further paytaents into the Sinking Fund or into the Reserve Account when the aggregate amount of moneys in both the Sinking Fund and Reserve Account are at least equal to the aggregate principal amount of Obligations then outstanding, plus the amount of interest then due or thereafter to become due on such Obligations then outstanding. (5) The Issuer shall next apply and deposit the moneys in the Revenue Fund into a special account to be known as the "Renewal and Replacement Fund," which fund is hereby created. The Issuer shall deposit into such Renewal and Replacement Fund, an amount equal to ten per centum (10%) of the gross revenues of the Facilities for the previous Fiscal Year, until there shall be on deposit in such Renewal and Replacement Fund an amount recommended by the Consulting Engineers and approved by the Issuer. The moneys in said Renewal and Replacement Fund shall be used only for the purposes of paying the cost of extensions, enlargements or additions to, or the replacement of depreciable capital assets of the Facilities and emergency repairs thereto, and to provide an adequate reserve for depreciation of all depreciable capital assets. Such moneys on deposit in such Fund shall also be used to implement the Reserve Account if necessary, in order to prevent a default in the payment of the principal of and interest on the Obligations. The moneys on deposit in such Fund shall be withdrawn only upon the authorization of the County Commission and the approval of the Consulting Engineers. (6) The Issuer shall next apply moneys in the Revenue Fund to the payment of current debt service and reserve requirements of any obligations of the Issuer issued to finance the cost of additions, acquisition, extensions and improvements to the Solid Waste Disposal System which are junior and subordinate to the lien of these Obligations and Additional Parity Obligations on the revenues of the Facilities. (7) The balance of any moneys remaining in the Revenue Fund after the above required payments have been made on a cumulative basis may be used by the Issuer for any lawful purpose. C. USE OF REVENUE SHARING TRUST FUNDS. The Issuer shall, in each Fiscal Year, on or before the fifteenth (15th) days of February and August, forthwith set aside and deposit into the Sinking Fund and the Reserve Account therein, from the Revenue Sharing Trust Funds, as herein defined, received by the Issuer under the provisions of Chapter 218; Part I1, Florida Statutes, such amounts as shall be necessary to make up any 16 BCOK 0 If deficiencies between the amounts then on deposit therein and the amounts necessary to pay interest on the Obligations becoming due on the next interest payment date and one-half ('h) of the principal on the Obligations becoming due on the next principal payment date and one-half ('/2) of the amount required to be deposited into the Reserve Account in such Fiscal Year. D. INVESTMENT OF FUNDS. The Operating Account, the Operating Reserve Fund, the Sinking Fund, the Reserve Account, the Renewal and Replacement Fund, the Revenue Fund and any other special funds or accounts herein established and created shall constitute trust funds for the purposes provided herein for such funds. All such funds shall be continuously secured in the manner by which the deposit of public funds are authorized to be secured by the Laws of the State of Florida. Moneys on deposit in the Operating Account, the Operating Reserve Fund and the Sinking Fund (except the Reserve Account therein) may be invested and reinvested only in Authorized Investments maturing not later than the date on which the moneys therein will be needed for the purposes of such Funds and Account. Moneys in the Reserve Account in the Sinking Fund may be invested and reinvested in Authorized Investments, maturing not later than fifteen (15) years from the date of such investments. Moneys in the Renewal and Replacement Fund may be invested and reinvested in Authorized Investments maturing not later than five (5) years from the date of purchase. Any and all income received by the issuer from such investments shall be deposited into the Sinking Fund. E. OPERATION AND MAINTENANCE. The Issuer will maintain the Facilities and all parts thereof in good condition and will operate the same in an efficient and economical manner making such expenditures for equipment and for renewals, repairs and replacements as may be proper for the economical operation and maintenance thereof. F. RATE RESOLUTION. Within ninety (90) days following delivery of the Obligations, or any portion thereof, the Issuer shall enact a rate resolution and thereby will fix, establish and maintain such rates and will collect such fees, rentals or other charges for the services of the Facilities and revise the same from time to time, whenever necessary, as will always provide revenues in each year sufficient to pay (1) one hundred per centum (100%) of all operating and maintenance costs of the Facilities in such year, (2) one hundred per centum (100%) of all required deposits into the Reserve Account in the Sinking Fund and into the Renewal and Replacement Fund established herein in such year, and (3) one hundred fifteen per centum (115%) of the amount of principal and interest becoming due in such year on the Obligations and on all other obligations payable on a parity therewith, and that such rates, fees, rentals or other charges shall not be reduced so as to be insufficient to provide adequate revenues for such purposes. G. BOOKS AND RECORDS. The Issuer shall also keep books and records of the Revenues of the Facilities and the Revenue Sharing Trust Funds, as defined herein, which such books and records shall be kept separate and apart from all other books, records and accounts of the Issuer. The original purchasers of the Obligations and the holders of not less than ten per centum (10%) of the Obligations shall have the right at all reasonable times to inspect all records, accounts and data of the Issuer relating thereto. H. ANNUAL AUDIT. The Issuer shall also, at least once a year, within 90 days after the close of its Fiscal Year, cause the books, records and accounts relating to the Facilities to be properly audited by a recognized independent firm of certified public accountants. Such audits shall contain a complete report of operations of the Facilities including, but not limited to, a comparison with the current budget and with the operations of the previous years, the balance sheet, a schedule of insurance in existence, a schedule of the application of all Revenues of the Facilities, a schedule of reserves and investments, and a certificate by the auditors stating no default on the part of the Issuer of any covenant herein has been disclosed by reason of such audit. The auditors selected shall be changed at any time by a written request signed by a majority of the holders in principal amount of the Obligations then outstanding or their duly authorized representatives. A copy of such annual audit shall regularly be furnished to the original purchaser of the Obligations, and to any holder of an Obligation who shall have requested in writing that a copy of such audits be furnished him. 1. NO MORTGAGE OR SALE OF THE FACILITIES. The Issuer will not sell, mortgage, pledge or otherwise encumber the Facilities or any part thereof, or any Revenues to be derived therefrom, except as herein provided, and will not sell, lease or otherwise dispose of any substantial portion of the Facilities. 17 JAN scOX 3 3 Pf�cf$5 The foregoing provision notwithstanding, the Issuer shall have and hereby reserves the right to sell, lease or otherwise dispose of any of the property comprising a part of the Facilities hereafter determined in the manner provided herein to be no longer necessary, or else to be no longer useful or else no longer profitable in the operation thereof. No sale or other disposition of said property, if the amount to be received therefor is not in excess of $50,000, shall be made unless the general manager of the facilities shall make in writing the finding hereinabove referred to. No sale or other disposition of said property for a sum in excess of $50,000 but less than $100,000 shall be made unless the general manager of the Facilities shall make in writing the finding hereinabove referred to and the governing body of the Issuer shall, by resolution duly adopted, approve and concur in the finding of such general manager, and authorize such sale or other disposition of said property. No sale or other disposition of said property for a sum in excess of $100,000 but not more than 10% of the value of fixed assets of the Facilities according to the most recent annual audit and operating report shall be made unless the general manager and Consulting Engineers shall both make in writing the finding hereinabove referred to, and the governing body of the Issuer shall by resolution duly adopted, approve and concur in the findings of such general manager and the Consulting Engineers, and shall authorize such sale, or other disposition of said property. No sale or other disposition of said property for a sum in excess of 10% of the value of the fixed assets of the Facilities according to the most recent annual audit and operating report shall be made unless the general manager and the Consulting Engineers shall make in writing the finding hereinabove referred to, and that the estimated annual average of Net Revenues to be derived by the Issuer from the Facilities in the sixty (60) complete calendar months immediately succeeding the month in which the sale or other disposition of such property is completed will be not less than 1.30 times. the maximum amount of principal and interest becoming due on the Obligations in any ensuing Fiscal Year and the governing body of the Issuer shall by resolution duly adopted, approve and concur in the finding of the general manager and the Consulting Engineers, and shall authorize such sale or other disposition of said property. If the proceeds derived from any such sale or other disposition of property are in excess of 10% of the value of the fixed assets of the Facilities according to the most recent annual audit and operating report, such proceeds shall be used for the retirement of outstanding Obligations. If the proceeds derived from any such sale or other disposition of property are less than 10% of the value of the fixed assets of the Facilities according to the most recent annual audit and operating report, such proceeds shall be placed in the Renewal and Replacement Fund or used for the retirement of outstanding Obligations, in such proportions to be determined by the governing body of the Issuer upon the recommendations of the general manager. The payment of such proceeds into the Renewal and Replacement Fund shall not reduce the amounts required to be paid into such Fund by other provisions herein. J. INSURANCE. For so long as any of the Obligations are outstanding, the Issuer will carry adequate fire and windstorm insurance on all buildings and structures of the works and properties of the Facilities which are subject to loss through fire or windstorm, will carry adequate public liability insurance, and will otherwise carry insurance of all kinds and in the amounts normally carried in the operation of similar facilities and properties in Florida. Any such insurance shall be carried for the benefit of the holders of the Obligations. All moneys received for losses under any of such insurance, except public liability, are hereby pledged by the Issuer as security for the Obligations, until and unless such proceeds are used to remedy the loss or damage for which such proceeds are received, with by repairing the property damaged or replacing the property destroyed within ninety (90) days from the receipt of such proceeds. K. NO FREE SERVICE. The Issuer will not render or cause to be rendered any free services of any nature by its Facilities, nor will any preferential rates be established for users of the same class. In the event the Issuer, including its departments, agencies and instrumentalities, shall avail itself of the services provided by the Facilities, or any part thereof, the same rates, fees or charges applicable to other customers receiving like services under similar circumstances shall be charged to the Issuer and any such department, agency or instrumentality. Such charges shall be paid as they accrue, and the Issuer shall transfer from its general funds sufficient sums to 18 3 JL .JO k6l Rr1J A pay such charges. The revenues so received shall be deemed to be Revenues derived from the operation of the Facilities, and shall be deposited and accounted for in the same manner as other Revenues derived from such operation of the Facilities. L. ENFORCEMENT OF COLLECTIONS. The Issuer will diligently enforce and collect the rates, fees and other charges for the services of the Facilities, will take all steps, actions and proceedings for the enforcement and collection of such rates, charges and fees as shall become delinquent to the full extent permitted or authorized by law; and will maintain accurate records with respect thereof. All such fees, rates, charges and revenues shall, as collected, be held in trust to be applied as herein provided and not otherwise. M. REMEDIES. Any holder of Obligations or any coupons appertaining thereto issued under the provisions hereof or any trustee acting for the holders of such Obligations may by suit, action, mandamus or other proceedings in any court of competent jurisdiction, protect and enforce any and all rights, including the right to the appointment of a receiver, existing under the laws of the State of Florida, and may enforce and compel the performance of all duties herein required or by any applicable statutes to be performed by the Issuer or by any officer thereof. Nothing herein, however, shall be construed to grant to any holder of such Obligations any lien on any property of, or in, the Issuer. N. OPERATING BUDGET. (1) The Issuer shall annually at least thirty (30) days preceding each of its Fiscal Years, in cooperation with its Consulting Engineers, prepare and adopt a detailed final budget for the operation of the Facilities during such next succeeding Fiscal Year. If the budget discloses that the estimated Gross Revenues will be insufficient during such Fiscal Year to make fully the current payments required in this resolution, then the Issuer shall forthwith revise the rates, fees, rentals or other charges in order to cure such estimated deficiencies and to comply with the rate covenant as provided in Subsection 15F herein. (2) The Consulting Engineers will annually review the depreciation schedules established for each major capital asset, the same being any asset of the Facilities having an original acquisition cost in excess of $10,000. There shall be included in the budget amounts necessary for deposit in the Renewal and Replacement Fund as stipulated but no less than the amount necessary to provide for the orderly replacement of such depreciable capital assets in accordance with the depreciation schedules that the Consulting Engineers shall establish. (3) No expenditure for the Operation and Maintenance of the Facilities shall be made in any Fiscal Year in excess of the amounts provided therefor in such budget without a written finding and recommendation by the general manager of such Facilities or other duly authorized officer in charge thereof, which finding and recommendation shall state in detail the purpose of and necessity for such increased expenditures for the Operation and Maintenance of the Facilities and no such increased expenditures shall be made until the governing body of the Issuer shall have approved such finding and recommendation by a resolution duly adopted. No such increased expenditures in excess of ten per centum (10%) of the amount provided therefor in such budget shall in any event be made except upon the further certificate of the Consulting Engineers that such increased expenditures are necessary and essential to the continuance in operation of the Facilities. O. CONSULTING ENGINEERS. The Issuer will annually retain an independent Consulting Engineer or engineering firm having a favorable reputation for skill and experience for the design, construction and operation of Facilities of comparable size and character as the Facilities, for the purpose of providing the Issuer competent engineering counsel affecting the economical and efficient operation of the Facilities and in connection with the making of capital improvements and renewals and replacements of the Facilities. The Issuer may, however, employ additional engineers at any time with relation to specific engineering and operation problems arising in connection with the Facilities, The Issuer shall, at least every two (2) years, cause to be prepared by the Consulting Engineers a report or survey with respect to the management of the properties thereof, the. sufficiency of the rates, and charges for 'services, the proper maintenance of the properties of the Facilities and the necessity for capital improvements and recommendations therefor. Such a report or survey shall also show any failure of the Issuer to perform or comply with the covenants herein contained. If any such report or survey of the Consulting Engineers shall set forth that the provisions hereof or any reasonable recommendations of such Consulting Engineers have not been complied with, the Issuer shall 19 �COK 13 PA6E JAN ��t � op of immediately take such reasonable steps as are necessary to comply with such requirements and recommendations. In making such report or survey the Consulting Engineers shall accept certified statements of the independent certified public accountants. Copies of each report or survey shall be placed on, file with the Issuer and shall be open to the inspection of any holder of obligations or other interested parties. During the period of construction of the project, the Consulting Engineers shall determine that all phases of construction of the project are being constructed pursuant to the plans and specifications, plan the progress of such construction, approve the form and content of construction contracts signed by the Issuer, including any penalty payments required as a result..of non-performance, and the performance and payment bonds required, arrange for proper permits, clearance of other construction documents as may be necessary from local, state or federal jurisdictions, and approve expenditures from the Construction Fund, as hereinafter provided. When each phase of the project has been substantially completed and placed in operation and use, the Consulting Engineers shall certify such fact to the Issuer and the same shall be deemed to be the completion date of each phase of the project. The Consulting Engineers shall also prepare a monthly progress report showing the status of the construction and acquisition of the project, the construction contracts entered into therefor, an estimated time schedule for completion, the percentage of completion thereof, the availability of funds for completion of the project and any other matters deemed advisable by such Consulting Engineers. Copies of such progress reports shall be mailed to the original purchaser of the Obligations. P. NO COMPETING FACILITIES. To the full extent permitted by law, the Issuer will not grant, renew or cause, consent to, or allow the granting, renewal, extension or expansion of any franchise or permit to any person, firm, corporation or body, or agency or instrumentality whatsoever, for the furnishing of services similar to those of the Facilities to or within the boundaries of the Issuer. Q ISSUANCE OF OTHER OBLIGATIONS. (1) The Issuer will not issue any other obligations payable from Revenue Sharing Trust Funds (as herein defined) received each year nor voluntarily create any lien having priority to or being on a parity with the lien of the Obligations and the interest thereon upon the Revenue Sharing Trust Funds. Any other obligations issued by the Issuer in addition to the Obligations herein authorized, payable from such Revenue Sharing Trust Funds, shall contain an express statement that such Obligations are junior and subordinate in all respects to the Obligations herein authorized as to lien on and source and security for payment from such Revenue Sharing Trust Funds. (2) Further, the Issuer will not issue any other obligations, except under the conditions and in the manner provided herein, payable from the Revenues of the Facilities, nor voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or other charge having priority to or being on a parity with the lien of the Obligations and the interest thereon, upon said Revenues. Any other obligations issued by the Issuer in addition to the Obligations herein authorized or Additional Parity Obligations provided for in subsection R below, payable from such Revenues, shall contain an express statement that such obligations are junior and subordinate in all respects to the Obligations, herein authorized, as to lien on and source and security for payment from such Revenues. R. ISSUANCE OF ADDITIONAL PARITY OBLIGATIONS. Additional Parity Obligations, payable on a parity from the Net Revenues of the Facilities with the Obligations, herein authorized, may be issued after the issuance of any Obligations, herein authorized, for the construction and acquisition of additions, extensions and improvements to the Facilities or for refunding purposes, in the manner herein provided and upon compliance with both of the following. conditions: (1) (a) There shall have been obtained and filed with the Issuer a certificate of an independent certified public accountant of suitable experience and responsibility: (i) stating that the books and records of the Issuer relating to the collection and receipt of Revenues derived from the operation of the Facilities have been audited by him for the Fiscal Year immediately preceding the date of sale of the proposed obligations or for any twelve (12) consecutive months period out of the eighteen (18) consecutive months immediately preceding the date of sale of the proposed obligations; (ii) setting forth the amount of Net Revenues, as defined herein, received by the Issuer for the audited period referred to in (i) above, with respect to which such certificate is made; (iii) stating 20 aco 33 JAN 18197 �U 3k`i., IS if that the Net Revenues pursuant to GO above, as adjusted as hereinafter provided, equal at least 1.15 times the largest amount of principal and interest which will mature and become clue in any Fiscal Year thereafter on all obligations, and all Additional Parity Obligations, if any, then outstanding and on the Additional Parity Obligations, with respect to which such certificate is made. (b) If desirable, the Net Revenues for such period may be adjusted by the Consulting Engineers as follows: (i) by adding thereto the Net Revenues of any solid waste disposal system facilities which the Issuer shall have acquired prior to the issuance of the Additional Parity Bonds or which the Issuer shall be acquiring from proceeds of such Additional Parity Bonds, and which has been operating for a part of the Fiscal Year or twelve (12) month period referred to above. (ii) In the event a change has been made in the rate schedule for services from the Facilities prior to the issuance of the proposed Additional Parity Obligations for a part of said Fiscal Year or .twelve (12) month period referred to above, and such change has resulted in an increase in Net Revenues, by adding thereto such amount of additional Net Revenues, which the Consulting Engineer estimated would have been received by the Issuer during said Fiscal Year or twelve (12) month period if such change in such rate schedule had been in effect during the entire Fiscal Year or twelve (12) month period, and in the event a change has been made in the rate schedules for services from said Facilities prior to the issuance of the proposed Additional Parity Obligations for a part of the Fiscal Year or twelve (12) month period referred to above, and such change has resulted in a decrease in Net Revenues, by subtracting therefrom such amount of the Net Revenues which the Consulting Engineer estimates would not have been received by the Issuer during such Fiscal Year or twelve (12) month period referred to above if such change in such rate schedule had been in effect during said entire Fiscal Year or twelve (12) month period. (2) The Net Revenues as estimated by the Consulting Engineers for the first twelve (12) months following completion of the project for which the Additional Parity Bonds are issued shall equal at least 1.25 times the largest amount of principal and interest which will become due in any succeeding Fiscal Year on the Obligations and those proposed to be issued. Each resolution authorizing the issuance of Additional Parity Obligations will recite that all of the covenants herein contained will be applicable to such Additional Parity Obligations. The Issuer shall not be in default in performing any of the covenants and obligations assumed hereunder, and all payments herein required to have been made into the accounts and funds, as provided hereunder, shall have been made to the full extent required. The Additional Parity Obligations shall be dated March 1 or September 1 of the year of issuance thereof, shall bear interest payable semiannually on March 1 and September 1 of each year, and shall mature on September 1 of the year of maturity thereof. S. COMPLETION OF PROJECT. The Issuer will complete the project in an economical and efficient manner and with all practicable dispatch. T. MANAGER OF FACILITIES. The Issuer in operating the Facilities will employ a manager of demonstrated ability and experience and will require all employees who may have possession of moneys derived from operation of the Facilities to be covered by a fidelity bond written by a responsible indemnity company in an amount sufficient to protect the issuer from loss. U. CONNECTIONS WITH FACILITIES. The Issuer will, to the full extent permitted by law, require persons within the limits of the Issuer who can use the services of the Facilities to utilize such services immediately upon availability and to cease the use of all other means and methods similar to the services furnished by the Facilities. V. NO IMPAIRMENT OF CONTRACT. The Issuer has full power and authority to irrevocably pledge the Revenue Sharing Trust Funds, as defined, to the payment of the principal of and interest on the Obligations. The pledge of the Revenue Sharing Trust Funds in the manner provided herein shall not be subject to repeal, modification or impairment by any subsequent act of the Issuer without and unless the Issuer makes immediately available such additional or supplementary funds which shall be sufficient to retire the Obligations and interest thereon in accordance with their terms. 21 r, ,�, ' BC�IK v JAN 181971 The Issuer shall be unconditionally and irrevocably obligated, so long as any of the Obligations or the interest thereon are outstanding and unpaid, to take all lawful action necessary or required to continue to entitle the Issuer to receive the Revenue Sharing Trust Funds in the same amounts and at the same rates as now provided by law to pay the principal of and interest on the Obligations and to make the other payments provided for herein. The Issuer shall always be irrevocably and unconditionally obligated to take such action as may be required to entitle it to receive such Revenue Sharing Trust Funds in the maximum amount provided by law. SECTION 16. APPLICATION OF PROCEEDS OF OBLIGATIONS. All moneys received from the sale of the Obligations shall be deposited by the Issuer in a special account in a bank or trust company and applied by the Issuer as follows: A. All accrued interest and interest to acture on the Obligations for one year after the date of delivery of the Obligations shall be deposited into the Sinking Fund and applied exclusively for the payment of interest becoming due on the Obligations. B. The Issuer shall next deposit with the paying agent of the outstanding Revenue and General Obligation Notes a sum equal to pay all the principal of and interest on said Notes to the first date on which they may be called on or after the delivery of the Obligations. C. The sum of One Hundred Thousand Dollars ($100,000) shall be deposited into the Reserve Account in the Sinking Fund. D. The sum of Two Hundred Sixty Thousand Dollars ($260,000) shall be deposited into the Operating Reserve Fund in the Solid Waste Disposal System Operating Account. E. The Issuer shall next use the moneys in said special account to pay all engineering fees, legal fees, fees of financial advisors, cost of the issuance of the Obligations, and all other similar costs incurred in connection with the acquisition and construction of the project and the issuance of the Obligations to finance the cost thereof. F. A special fund is hereby created, established and designated as the "Facilities Construction Fund" (herein called the "Construction Fund"). There shall be paid into the Construction Fund the balance of the moneys remaining after making all the deposits and payments provided for in paragraphs A, B, C, D, and E above. Such fund shall be kept separate and apart from all other accounts of the Issuer, and the moneys on deposit therein shall be withdrawn, used and applied by the Issuer solely to the payment of the cost of the project and purposes incidental thereto, as hereinabove described and set forth. If for any reason such proceeds or any part thereof are not necessary for or are not applied to the payment of such cost, then the unapplied proceeds shall be deposited by the Issuer into the Sinking Fund and used only to pay principal and interest on the Obligations. All such proceeds shall be and constitute trust funds for such purposes, and there is hereby created a lien upon such moneys until so applied in favor of the holders of the Obligations. Any funds on deposit in the Construction Fund which, in the opinion of the Issuer, acting upon the recommendation of the Consulting Engineers, are not immediately necessary for expenditure, as hereinabove provided, may be invested in Authorized Investments maturing at such time or times recommended by the Consulting Engineers. All such securities shall be held by the depository bank, and all income derived therefrom shall be deposited in the Construction Fund. All expenditures or disbursements from the Construction Fund shall be made only after such expenditures or disbursements shall have been approved in writing by the Issuer and by the Consulting Engineers. The date of completion of each phase of the project shall be determined by the Consulting Engineers, who will certify such facts in writing to the governing body of the Issuer. SECTION 17. MODIFICATION OR AMENDMENT. No material modification or amendment of this resolution or of any resolution or ordinance amendatory hereof or supplemental hereto may be made without the consent in writing of the holders of two-thirds or more in the principal amount of the Obligations then 22 e� BCD ( 33 Fn •3� J The Issuer shall be unconditionally and irrevocably obligated, so long as any of the Obligations or the interest thereon are outstanding and unpaid, to take all lawful action necessary or required to continue to entitle the Issuer to receive the Revenue Sharing Trust Funds in the same amounts and at the same rates as now provided by law to pay the principal of and interest on the Obligations and to make the other payments provided for herein. The Issuer shall always be irrevocably and unconditionally obligated to take such action as may be required to entitle it to receive such Revenue Sharing Trust Funds in the maximum amount provided by law. SECTION 16. APPLICATION OF PROCEEDS OF OBLIGATIONS. All moneys received from the sale of the Obligations shall be deposited by the Issuer in a special account in a bank or trust company and applied by the Issuer as follows: A. All accrued interest and interest to acture on the Obligations for one year after the date of delivery of the Obligations shall be deposited into the Sinking Fund and applied exclusively for the payment of interest becoming due on the Obligations. B. The Issuer shall next deposit with the paying agent of the outstanding Revenue and General Obligation Notes a sum equal to pay all the principal of and interest on said Notes to the first date on which they may be called on or after the delivery of the Obligations. C. The sum of One Hundred Thousand Dollars ($100,000) shall be deposited into the Reserve Account in the Sinking Fund. D. The sum of Two Hundred Sixty Thousand Dollars ($260,000) shall be deposited into the Operating Reserve Fund in the Solid Waste Disposal System Operating Account. E. The Issuer shall next use the moneys in said special account to pay all engineering fees, legal fees, fees of financial advisors, cost of the issuance of the Obligations, and all other similar costs incurred in connection with the acquisition and construction of the project and the issuance of the Obligations to finance the cost thereof. F. A special fund is hereby created, established and designated as the "Facilities Construction Fund" (herein called the "Construction Fund"). There shall be paid into the Construction Fund the balance of the moneys remaining after making all the deposits and payments provided for in paragraphs A, B, C, D, and E above. Such fund shall be kept separate and apart from all other accounts of the Issuer, and the moneys on deposit therein shall be withdrawn, used and applied by the Issuer solely to the payment of the cost of the project and purposes incidental thereto, as hereinabove described and set forth. If for any reason such proceeds or any part thereof are not necessary for or are not applied to the payment of such cost, then the unapplied proceeds shall be deposited by the Issuer into the Sinking Fund and used only to pay principal and interest on the Obligations. All such proceeds shall be and constitute trust funds for such purposes, and there is hereby created a lien upon such moneys until so applied in favor of the holders of the Obligations. Any funds on deposit in the Construction Fund which, in the opinion of the Issuer, acting upon the recommendation of the Consulting Engineers, are not immediately necessary for expenditure, as hereinabove provided, may be invested in Authorized Investments maturing at such time or times recommended by the Consulting Engineers. All such securities shall be held by the depository bank, and all income derived therefrom shall be deposited in the Construction Fund. All expenditures or disbursements from the Construction Fund shall be made only after such expenditures or disbursements shall have been approved in writing by the Issuer and by the Consulting Engineers. The date of completion of each phase of the project shall be determined by the Consulting Engineers, who will certify such facts in writing to the governing body of the Issuer. SECTION 17. MODIFICATION OR AMENDMENT. No material modification or amendment of this resolution or of any resolution or ordinance amendatory hereof or supplemental hereto may be made without the consent in writing of the holders of two-thirds or more in the principal amount of the Obligations then 22 e� BCD ( 33 Fn •3� 0 outstanding; provided, however, that no modification or amendment shall permit a change in the maturity of such Obligations or a reduction in the rate of interest thereon or in the amount of the principal obligation thereof or affecting the promise of the Issuer to pay the principal of and interest on the Obligations as the same shall become due from the Revenues of the Facilities or reduce the percentage of the holders of the Obligations required to consent to any material modification or amendment hereof without the consent of the holder or holders of all such obligations; provided, however that no such modification or amendment shall allow or permit any acceleration of the payment of principal of or interest on the Obligations upon any default in the payment thereof whether or not the holders of the Obligations consent thereto. INDIAN RIVER COUNTY General Description Indian River County was established by Legislative Act in 1925, separating it from St. Lucie County. It is bounded on the north by Brevard County, which contains the Kennedy Space Center, on the west by Osceola County, on the west and south by Okeechobee County., on the south by St. Lucie County, and on the east by the Atlantic Ocean. Indian River County is located about 190 miles south of Jacksonville and about 135 miles north of Miami. The County has an area of 511 square miles, or 327,040 acres. The population has increased steadily as follows: 1930 — 6,724; 1940 — 8,947; 1950 — 11,872; 1960 — 25,309; 1970 — 35,992 and 46,184 — 1976 (University of Florida estimate). The County is governed by the Board of County Commissioners, consisting of five members elected for four year overlapping terms. The Board elects a Chairman and Vice -Chairman from its membership. The Clerk of the Circuit Court, elected for a four year term, serves as the secretary to the Board. The Board appoints a County Administrator, an Attorney for the Board, a Finance Officer and other employees as needed. Other elected county officials are the Sheriff, Property Appraiser, Tax Collector, Supervisor of Itegistratior and Elections and County and Circuit Court Judges. County employees are not represented by a labor organization. They are members of the Florida Retirement System. The latest actuarial review of the Florida Retirement System disclosed unfunded liability of $1.8 billion at July 1, 1972. An actuarial review is currently in progress and a final report is expected in early 19.78. The City of Vero Beach is the seat of county government and the largest municipality in the County. Vero Beach was incorporated in 1919 and has increased in population as follows: 1920 - 793; 1940 — 3,050; 1950 — 4,646; 1960 — 8,849; 1970 — 11,908 and 15,308 — 1976 (University of Florida estimate). Vero Beach has a City Council -City Manager form of government. Five City Council members are elected for two year overlapping terms. The City Council elects its Mayor and Vice -Mayor from its members. The Council appoints a City Manager as chief administrator. Other incorporated municipalities within the County and estimated 1976 population are as follows: Sebastian — 1,304, Fellsmere — 986 and Indian River Shores — 779. The economy of Indian River County is based upon agriculture (citrus, vegetables, poultry and cattle), tourism, light manufacturing, wholesale and retail trade and commercial fishing. A report by the I-lorida Crop and Livestock Reporting Service states that in 1975/76 Indian River County had 56,206 acres in citrus which produced 14,580,000 boxes of citrus fruit including oranges, grapefruit and specialty fruit. The County was fifth among all Florida counties in total citrus production, but was second in grapefruit production. The value of the 1975/76 citrus crop was estimated at approximately $39,000,000. dost of the citrus produced in the County is sold to the fresh fruit market. There are 36 packing houses and one citrus juice processing plant located in the county. There are approximately 108,000 acres of land in improved pasture and rangeland used for -the production of beef cattle and dairy farming. Approximately 90,000 acres are in forest and woodlands. The largest manufacturer in the County is the Piper Aircraft Corporation, which has approximately 2,700 employees involved in the manufacture and sale of light aircraft and related services. The Piper plant is adjacent to the Vero Beach Airport. 23 A N 5 aca 33 PAc 3 U r rA Gulf and Western Industries, Inc. has extensive citrus and cattle -interests in the County, employing approximately 750 persons at the peak of the citrus season. Their agricultural properties, including a citrus packing plant, are located west of FelIsmere in the western part of the County. The main Florida office of Gulf & Western is located in Vero Beach. Other industries include lumber and millwork plants, cabinet and millwork plants, machine shops, welding shops, sheet metal fabricators, mattress ticking, mattresses and springs, thermostats, aircraft instruments, steel and wood truss construction, architectural and ornamental iron works, stone and marble products, asphalt plant, pilot training school, welding school, television antennas, wholesale seafood, metal windows and awnings, printing, air handling systems, ready mixed concrete, concrete blocks, precast concrete products, electronic components, plating and machine shop equipment, screw machine parts, aircraft parts and supplies, factory built homes, dairy products, newspaper, radio stations and temperature controls. Seven banks, five savings and loan associations and two stock and bond brokerage offices provide necessary financial services in the County. The Florida East Coast Railway and numerous freight truck lines provide for the transportation of goods and products. Vero Beach is served by the Florida Greyhound Bus Line. Two airports permit the use of private planes and air -taxi service. At present, there is no major airline with passenger service to Vero Beach. The nearest airport with such service is the Kennedy airport at Melbourne, about 35 miles north of Vero Beach. Major highways serving the County are Interstate 95, U. S. 1, AIA, and State Road 60. The Florida Turnpike passes through the southwest corner of the County. Numerous paved secondary roads provide access to all parts of the County. The Florida Department of Offender Rehabilitation operates the Indian River Correctional Institution, a rehabilitation center for youthful and first time offenders, located in the south central part of the County. The institution has a staff of 110 persons. The County has five parks in operation, two of which provide camping facilities. In addition there are two State Parks located in the County with camping facilities, Donald McDonald and Sebastian Inlet. There are five public golf courses and three private courses, 23 miles of public beaches on the Atlantic, 46 miles of riverfront on both sides of the Indian River, many miles of freshwater canals, the Sebastian River and Blue Cypress Lake, all of which provide recreational opportunities for tourists as well as local citizens. The Indian River Hospital District operates a 162 bed hospital in Vero Beach and has under construction a new hospital scheduled for completion in 1978 with a capacity of 216 beds. The Sebattian River Medical Center, a private not for profit hospital with 103 beds is located in the northern part of the County on U. S. 1. The public schools in Indian River County are operated under the control of the Board of Public Instruction of Indian River County. The Board consists of five members, elected for four year overlapping terms. The Board selects its Chairman and Vice -Chairman. The Board appoints the County Superintendent of Schools, who also serves as secretary and chief administrator for the school system. Elementary schools are operated in Fellsmere, Sebastian, two in the Wabasso area and six in Vero Beach. A middle school (grades 6 & 7) is located in the Gifford area. A junior high school (grades 8 & 9) and a senior high school (grades 10 through 12) are located in Vero Beach. Two new schools are under construction, one replacing the junior high school in Vero Beach and a new middle junior high school (grades 6 through 9) at Sebastian. The new buildings are nearing completion and should be furnished and ready for occupancy January 2, 1978. Vero Beach Senior High School is accredited by the Southern Association of Secondary Schools and Colleges, the elementary and junior high schools are accredited by the State of Florida. The faculties of the public school system are well qualified under the Florida Teacher Certification program. The total number of instructional and non -instructional personnel for 1977/78 is 901. In addition to the public schools there are several parochial and private schools with a total enrollment of approximately 850 students. 24 JAN 18197x. Bca 33 pn The Indian River County Community College with the main campus located in Fort Pierce, about 15 miles from Vero Beach, has branch campuses in Vero Beach, Okeechobee and in Martin Counties. The state supported community college offers a general college program for the first two years and a wide variety of technical and vocational instruction. The Mueller Center in Vero Beach has a 40 acre campus, 10 classrooms and office facilities. The College has a full time staff of 201 administrative, instructional and non -instructional personnel. In addition there are from 350 to 400 part-time instructors each year. In 1976/77 the College had an enrollment of 4,355 full time equivalent students with a total unduplicated enrollment of approximately 15,000 students. A broad range of technical and vocational classes are available. The Los Angeles Dodgers baseball organization owns a spring training site, called Dodger Town, located near the airport, which is used for spring training for the Dodgers and their various farm club teams. The New Orleans Saints football team held its pre -season training at this site in 1977 and has signed an agreement to return there for the next three years. The facilities include several practice baseball diamonds, the Holman Stadium at which exhibition games are played, meeting rooms; motel -like facilities, and dining facilities, locker rooms, equipment rooms, and a nine hole golf course and an 18 hole golf course. These facilities are also suitable for conventions and are being used for that purpose. 25 -JAN IS 1978 Box 33 Pus,�7 r INDIAN RIVER COUNTY, FLORIDA POPULATION PROJECTIONS BY AREAS (Indian River County Planning Department) INDIAN RIVER COUNTY, FLORIDA LARGEST EMPLOYERS Piper Aircraft Corporation . . . . . . . . . . . . . . . . . . . . . 1976 1980 1985 1990 Town of Orchid 23 682 1,341 2,000 City of Sebastian 1,304 3,169 5,055 6,900 Town of Indian River Shores 779 2,186 3,593 5,000 Town of Fellsmere 986 1,657 2,329 3,000 City of Vero Beach 15,308 16,989 18,669 20,350 Unincorporated Area 27,784 34,783 41,984 49,500 Total Indian River County 46,184 59,471 72,951 86,750 NOTE, The above figures were furnished to Post, Buckley, Schuh and Jernigan, Consulting Engineers to the County for the Solid Waste Project by the County Planning Department as a basis for projecting future quantities of solid waste. INDIAN RIVER COUNTY, FLORIDA LARGEST EMPLOYERS Piper Aircraft Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,700 Indian River County School Board . . . . . . . . . . . . . . . . . . . . . . . . . . . 901 Gulf & Western Industries, Inc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 748* Indian River Memorial Hospital . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . 548 City of Vero Beach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 450 Indian River County (Excluding Court System) . . . . . . . . . . . . . . . . . . . . . . . . . . 272 Graves Brothers Co. (Citrus) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265* Southern Bell Telephone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210 Deerfield Groves Co. (Citrus) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ISO* Dales Manufacturing Co. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 *Seasonal Maximum W � A INDIAN RIVER COUNTY, FLORIDA EMPLOYMENT STATISTICS 0 27 33 PAGE Civilian - Rate of Labor Force Employed Unemployed Unemployment 1976 January 21,246 19,408 1,838 8.7% February 21,287 19,476 1,811 8.5 March 21,314 19,809 1,505 7.1 April 21,513 20,104 1,409 6.5 may 20,203 18,712 1,491 7.4 June 19,850 17,814 2,036 10.3 July 18,342 16,218 2,124 11.6 August 18,389 16,231 2,150 11.7 September 18,606 16,488 2,118 11.4 October 19,427 17,635 1,792 9.2 November 20,043 18,204 1,831 7.7 December 20,344 18,973 1,371 6_7 Annual Average 20,047 18,282 1,765 8.8% 1977 January 20,415 18,871 1,544 7.6% February 20,995 19,315 1,680 8.0 March 20,853 19,454 1,399 6.7 April 20,618 19,220 1,389 6.8 May 20,651 19,055 1,596 7.7 June 20,598 18,476 2,122 10.3 July 19,524 17,398 2,126 10.9 August 19,608 17,354 2,254 11.5 September 19,881 17,741 2,140 10.8 Source: Florida Department of Commerce Division of Employment Security Indian River County Office 0 27 33 PAGE INDIAN RIVER COUNTY, FLORIDA 10 LARGEST TAXPAYERS _ 1974 Tax Roll (1) Lost Tree Village Corporation (Land Development) . . . . . . . . . . . . . . . . . . . . $299,184.24 Gulf & Western Industries, Inc. (Citrus, Cattle) . . . . . . . . . . . . . . . . . . . . . . 290,141.58 General Development Corporation (Land Development) . . . . . . . . . . . . . . . . . . 225,897.79 Piper Aircraft Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179,026.28 Edgar L. Schlitt, Trustee (Land Development) . . . . . . . . . . . . . . . . . . . . . . 95,609.15 Mooring Development Corporation (Land Development) . . . . . . . . .:. . . . . . . . . 91,478.96 Danforth K. Richardson (Gracewood Groves -Citrus) . . . . . . . . . . . . . . . . . 81,580.48 Robert Carins, Trustee (Land- Development) . . . . . . . . . . . . . . . . . . . . . . . 78,546.36 Graves Brothers Company (Citrus Groves and Packing Plant) . . . . . . . . . . . . . . . . 74,394.84 Vista Properties of Vero Beach, Inc. (Land Development) . . . . . . . . . . . . . . . . . . 63,006.24 (1) Latest tax roll for which total taxes by property owner has been compiled. 12,170 Source: County Intergovernmental Coordinator 1972 INDIAN RIVER COUNTY, FLORIDA Sources: City of Vero Beach and Florida Power & Light Company JAN -181978 28 Total 24,782 23,714 22,509 21,478 20,028 18,670 L ELECTRICAL CUSTOMERS Vero Beach Florida Power & System Light Co. System 1977 14,720 10,062 1976 14,230 9,484 1975 13,542 8,967 1974 13,020 8,458 1973 12,170 7,858 1972 11,300 7,370 Sources: City of Vero Beach and Florida Power & Light Company JAN -181978 28 Total 24,782 23,714 22,509 21,478 20,028 18,670 L INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BALANCE SHEET - GENERAL REVENUE FUNDS AND LANDFILL ENTERPRISE FUND SEPTEMBER 30, 1977 General Revenue Funds General Road & Fine & Fund Bridge Forfeitures ASSETS 29 CURRENT ASSETS: Cash on Hand and In Banks $ 234 $108,391 Investment - Short Term 503,621 579,236 Accounts Receivable 331 Materials Inventories 50,632 Prepaid Expense 207,877 20,381 TOTAL CURRENT ASSETS 712,063 758,640 FIXED ASSETS: Land Equipment Construction in Progress Capitalized First Year Operation . TOTAL FIXED ASSETS DEFERRED CHARGES: Deposits with State 25,000 TOTAL ASSETS $712,063 $783,640 LIABILITIES, RESERVES AND BALANCES CURRENT LIABILITIES: Account Payables $ 2,901 Collections in Advance 2,267 $ 37,533 Depositors Notes Payable Deferred Credits 36,930 TOTAL LIABILITIES 42,098 37,533 RESERVES AND BALANCES: Reserve for Inventories 50,632 Reserve for Encumbrances 8,723 69,000 Contributions Fund Balances 661,242 626,474 TOTAL RESERVES AND BALANCES 669,965 746,106 TOTAL LIABILITIES, RESERVES AND BALANCES $712,063 $783,640 JAN 181910 $ 78,186 768,020 152,679 998,885 $998,885 $ 2,374 2,374 2,800 993,711 996,511 $998,885 Enterprise Landfill $ 120,751 100,000 220,751 417,989 389,073 378,502 39,281 1,224,845 $1,445,596 $ 700 1;100,000 1,100,700 344,897 344,897 $1,445,596 29 $ 78,186 768,020 152,679 998,885 $998,885 $ 2,374 2,374 2,800 993,711 996,511 $998,885 Enterprise Landfill $ 120,751 100,000 220,751 417,989 389,073 378,502 39,281 1,224,845 $1,445,596 $ 700 1;100,000 1,100,700 344,897 344,897 $1,445,596 E INDIAN RIVER COUNTY REVENUES AND EXPENSES GENERAL FUND Fu W Year 9/30 1974(1) 1975(1) 1976(2) 1977(2) Beginning Balance $ 782,769 $ 858,306 $1,211,488 $1,030,957 Current Revenue Federal Sources State Sources 6,062 488,553 58,165 7,072 143,964 Local Sources 2,090,897 322,771 2,609,276 97,837 2,366,469 102,484 Non -Revenue & Transfers 268,885 32,412 270,610 1,976,533 Total $2,854,397 $3,022,623 $2,741,989 5,884. $2,228,865 Expenses General Government Public Safety $1,441,609 $1,542,700 $1,484,756 $1,328,527 Public Works 357,490 123,159 401,739 138,199 502,713 499,294 Health Welfare 72,769 81,277 103,324 87,429 129,903 97,360 Economic Assistance 64,450 11,875 113,678 145,320 89,388 105,526 Parks & Recreation 48,981 142,481 144,907 406,896 96,512 Libraries Other 51,366 61,360 75,668 222,696 72,647 Refunds & Transfers 373,480 233,359 26,759 15,929 26,423 35,977 Total Excess Current Revenue $2,778,540 $2,669,442 1,013 $2,922,519 1,414 $2,589,856 Adjustments 75,857 (320) 353,181 (180,530) (360,992) Fund Balance 9/30 $ 858,306 $1,211,488 $1,030,957 (8,723) (3) $ 661,242 ROAD AND BRIDGE FUND Fiscal Year 1974(1) 1975(1) 1976(2) 1977(2) Beginning Balance $ 662,027 $ 290,405 $ 343,500 $ 437,478 Current Revenue Federal Sources 30,000 State Sources Local Sources 712,030 668,048 795,447 985,045 1,029,469 Non -Revenue & Transfers 515 361,932 137,635 160,409 355,800 148,992 219,932 Total $1,380,593 $1,325,014 $1,294,446 $1,605,201 Expenses $1,379,680 $1,271,919 $1,200,469 $1,344,353 Transfers 372,595 - Total Excess Revenue $1,752,275 (371,682) $1,271,919 - $1,200,469 2,852 $1,347,205 Adjustments 60 53,096 - 93,977 257,997 Fund Balance 9/30 $ 290,405 $ 343,500 $ 437,478 (69,000)(3) $ 626,474 (1) Source - State Audits (2) Source - End of Year Financial Statements by Finance Officer, subject to State Audit (3) Reserves for Encumbrances - 30 BOOK t rJ FAvE JJ rw f REVENUES AND EXPENSES FINE & FORFEITURE FUND -- 1 1975(1) 1976(2) Fiscal Year 9/30 1974( ) Beginning Balance $ 693,732 $ 698,208 $ 522,092 Current Revenue 49,695 33,362 Federal Sources 53,943 95,639 41,650 State Sources 1,011,098 957,769 2,226,548 Local Sources Non -Revenue & Transfers 203 2,665 349 Total $1,065,240 $1,105,768 $2,301,909 Expenses $ 55,672 $ 62,778 $ 400,592 General Government 1,004,390 1,218,941 1,506,793 Public Safety Pub 703 165 12,630 Other Total $1,060,765 $1,281,884 $1,920,015 Excess Revenue 4,475 (176,116) 381,894 Adjustments It 698 208 $ 522,092 $ 888,797 Fund Balance 9/30 (1) Source — State Audits (2) Source — End of Year Financial Statements by Finance Officer, subject to State Audit. (3) Reserves for Encumbrances (4) Adjustment to record liability to State for Documentary Stamps. 31 1977(2) $ 888,797 41,445 2,137,858 $2,179,304 $ 402,108 1,612,452 57,030 $2,071,590 107,713 (2,800)(3) $ 993,711 C_ F� 00 LO V Go rn C-3 O ae L`! m G7 Mi [ TAXES LEVIED AND COLLECTED INDIAN RIVER COUNTY, FLORIDA (includes municipalities and special districts) ASSESSED VALUATION N Net Tax Taxable Constitutional Homestead Senior Homestead Other Exempt Total Assessed Roll Property Exempt Exempt Property Valuation 1977 $856,126,200 1976 815,126,200 $55,396,370 53,127,110 $15,326,760 14,051,350 $160,422,940 $1,087,272,270 1975 779,905,740 51,295,240 13,158,810 117,608,790 113,452,350 999,913,450 957,812,140 1974 722,894,385 1973(1) 661,447,427 48,063,610 46,924,240 12,342,960 11,666,020 107,041,370 100,091,880 890,342,325 1972 337,069,264 43,194,260 8,103,080 42,880,820 820,129,567 431,247,424 Source: Florida Department of Revenue - Report on Ad Valorem Taxes, except for the 1977 tax roll which was obtained from the County Property Appraiser and is subject to adjustment. $41,344 $35,012 $10,777 $ (498) (1) County -wide Re -appraisal 1975 13,758,447 2,472 13,760,919 13,333,568 381,876 13,715,444 TAXES LEVIED AND COLLECTED n 3 .. 7H d 'Y .. �..r:. n:AR i., r....."'.n ,... :.5 .. •'tf 4 ,Tr III - 1 (includes municipalities and special districts) N Fiscal Certified Total Taxes ' Cash Total Discounts Cash County Tax Warrants Errors & Uncollected (Over) or Under Cash Credits as Percent Year Tax Roll Adjustments Levied Collections Allowed Credits Certificates Pending Insolvencies Litigation Collected of Taxes Levied 1976 $14,250,041 $ 1,439 $14,251,480 $13,748,106 $416,706 $14,164,812 $33 $41,344 $35,012 $10,777 $ (498) 99.39% 1975 13,758,447 2,472 13,760,919 13,333,568 381,876 13,715,444 12,346 27,386 5,743 96.67 1974 13,167,681 16,186 1973 13,183,867 12,731,961 371,721 13,103,682 15 46,977 41,442 (8,249) 99.39 15,055,701 3,697 '1972 15,059,398 14,432,185 563,489 14,995,674 26,872 36,307 545 99.56 9,182,807 4,911 9,187,718 8,839,430 305,297 9,144,727 11,595 15,959 15,146 291 99.53 Source: County Tax Collector MILLAGE LEVIES 1977 1976 1975 1974 1973 1972 County Government School District Operation and Maintenance 4.96330 8.00000 4.30920 4.3092 4.3812 4.8710 6.8600 School District Interest and Sinking Fund 8.00000 8.0000 8.0000 9.0000 10.0000 County Special Service Districts .37130 .13840 .38800 .13840 .4100 .3919 .4252 .9056 Independent Special Service Districts .19885 .42908 .1322 .1222 .1320 .2200 .4412 .4594 .5824 .6786 Total County Wide 13.67185 13.26468 13.2926 13.3547 15.0106 18.6642 n 3 .. 7H d 'Y .. �..r:. n:AR i., r....."'.n ,... :.5 .. •'tf 4 ,Tr III - 1 1 INDIAN RIVER COUNTY, FLORIDA 33 DEBT STATEMENT August 1, 1977 General Non -Self Self Obligation Supporting Supporting County -wide Debt (1) Debt Debt Debt Board of County Commissioners Solid Waste Revenue Certificates (This Issue) $1,715,000 School Board STSD No. 1 $ 960,000 Hospital District Limited Tax General Obligation Bonds 11,612,433 Total County -wide Debt 12,572,433 -0- 1,715,000 Underlying Debt City of Vero Beach Refunding Bonds -0- (2) Excise Tax Revenue Certificates 2,192,445 Electric Revenue Certificates 27,877,915 Water & Sewer Revenue Certificates 7,359,077 City of Sebastian General Obligation Bonds -0- (2) St. Johns Drainage District Improvement (Special Benefit Tax) Bonds 1,950,000 Total Underlying Debt 1,950,000 2,192,445 35,236,992 Total Direct and Underlying Debt $14,522,433 $2,192,445 $36,951,992 Estimated 1976 Population (3) 46,184 Net Taxable Assessed Valuation 1977 (4) $856,126,200 (1) All debt stated as net of Reserves. (2) General Obligation Debt Outstanding but Reserves on hand exceed debt. (3) Estimate as of July 1, 1976 by the Division of Population Studies, Bureau of Economic and Business Research, University of Florida. (4) Preliminary Assessment subject to adjustments by Board of Adjustment. 33 0 a INDIAN RIVER COUNTY, FLORIDA DEBT RATIOS County -wide General Obligation Debt as a Per Cent of Net Taxable Assessed Valuation . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.47% County -wide and Underlying General Obligation Debt as a Per Cent of Net Taxable Assessed Valuation . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.70% County -wide and Underlying General Obligation Debt Per Capita . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ - 314.45 Net Taxable Assessed Valuation Per Capita . . . . . . . . . . . . . . . . . . . . . . . . . $18,537.29 County -wide and Underlying General Obligation Debt and Non -Self Supporting Debt as a Per Cent of Net Taxable Assessed Valuation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.95% County -wide and Underlying General Obligation Debt and Non -Self Supporting Debt Per Capita . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 361.92 INDIAN RIVER COUNTY, FLORIDA ECONOMIC INDICATORS JAN 1 8 19`0 1. Motor Sales & Gasoline Vehicle Documentary Use Taxes Taxes Licenses Stamp Tax 1977 $6,868,000 $2,954,000 N/A $657,000 1976 5,928,000 2,743,000 $1,046,000 678,000 1975 5,513,000 2,949,000 1,013,000 437,000 1974 5,277,000 2,704,000 949,000 660,000 1973 4,481,000 2,540,000 837,000 764,000 1972 3,514,000 2,227,000 746,000 459,000 1971 2,677,000 1,697,000 668,000 233,000 Source: State Department of Revenue Savings Bank & Loan Deposits (5) Deposits (6) Total Maur as of as of Building Postal Telephone 12/31 6/30 Permits (1) Receipts (3) Connections (4) (000's) (000's) 1977 $30,186,798(2) $1,712,170 22,697(2) — $218,931 1976 30,423,965 1,471,425 21,797 $154,198 190,415 1975 23,322,111 1,260,585 20,473 128,476 155,053 1974 49,508,409 1,184,133 19,844 124,623 117,791. 1973 72,488,753 1,107,409 18,866 112,552 114,312 1972 40,020,784. 1,006,647 16,817 124,538 100,085 1971 19,092,435 919,240 15,063 107,898 71,384 (1) Includes County and various Towns and Cities which have maintained such records. (2) Through August 1977. (3) From Indian River County Chamber of Commerce. (4) From Southern Bell Telephone & Telegraph Company. (5) From Florida Bank Directory. (6) From Florida Savings & Loan League. 34 JAN 1 8 19`0 1. INDIAN RIVER COUNTY, FLORIDA EFFECTIVE BUYING INCOME 35 Median Effective Household Retail Buying Effective Estimated Sales Income Buying Population Households (000's) (000's) Income 1976 47,80018,000 $183,699 $222,493 $10,169 1975 46,800 17,400 157,765 195,709 9,254 1974 45,700 '16,400 151,819 176,585 8,852 1973 44,200 16,100 132,454 157,468 7,022 1972 38,200 13,700 91,388 121,778 6,254 1971 37,400 12,900 79,961 118,670 6,401 Source: Sales Marketing & Management Magazine - Survey of Buying Power. PUBLIC SCHOOL MEMBERSHIP Kindergarten through 12th Grade Exceptional Vocational Adult Total 1977 FTE 8,373 267 505 109 9,254 1976 FTE 8,256 274 533 116 9,178 1975 FTE 8,263 334 551 209 9,357 1974 FTE 8,487 296 502 181 9,466 1973 ADM 8,784 N/A N/A N/A N/A 1972 ADM 8,585 N/A N/A N/A N/A 1971 ADM 8,245 N/A N/A N/A N/A FTE - Full Time Equivalent. ADM - Average Daily Membership including exceptional children. Source: State Commissioner of Education Annual Report & County Records. 35 UNDERWRITING The Bonds are being purchased by the Underwriter shown on the cover page hereof at an aggregate purchase price of $1,778,700 plus accrued interest to the date of delivery. The offer of the Underwriter to purchase the Bonds, accepted by the County, provides for the purchase of all but not less than all of the Bonds. The aggregate initial public offering price is $1,841,338 plus accrued interest to the date of delivery. The Underwriter may offer and sell Bonds to certain dealers (including dealers depositing Bonds into investment trusts) and others at prices lower than the public offering prices stated on the cover page hereof. The initial public offering prices may be changed from time to time by the Underwriter. VALIDITY The Bonds will have been validated by a judgment of the Circuit Court of the Nineteenth Judicial Circuit in and for Indian River County, Florida, and the time for taking an appeal from such judgment will have expired, prior to the delivery of the Bonds. LEGAL OPINION The Bonds will be accompanied at delivery with customary closing documents, including an unqualified opinion as to their legality by Freeman, Richardson, Watson, Slade, McCarthy & Kelly, P. A., Jacksonville, Florida, Bond Counsel to the County in the form attached hereto as Appendix C. TAX EXEMPTION In the opinion of Bond Counsel, the interest on the Bonds is, under existing laws, regulations and judicial decisions, exempt from all Federal income taxation and the Bonds and the income thereon are exempt from taxation under the laws of the State of Florida, except as to taxes imposed by Chapter 220, Florida Statutes, on interest, income or profits on debt obligations owned by corporations. LITIGATION The County is a named defendant from time to time in various suits. It is believed that none of the actions presently pending will have a material effect upon finances of the County or the revenues of the Facilities. There is no litigation pending seeking to restrain or enjoin the issuance or delivery of the Bonds or the proceeding or authority under which they are to be issued. Neither the creation, organization or existence of the County is contested. There is no litigation pending, which, in any manner, questions the right of the County to issue the Bonds or to use the Revenue Sharing Trust Funds for repayment of the Bonds. 36 AN 181978 Box 3.0 3) PA J 0 BOND RATINGS As noted on the cover page of this Official Statement, Moody's Investors Service, Inc., and Standard & Poor's Corporation have given the Bonds the ratings of A and A respectively. Such ratings reflect only the respective views of such organizations and an explanation of the significance of such ratings may be obtained from the rating agency furnishing the same. There is no assurance that such ratings will continue for any given period of time or that they will not be revised or withdrawn entirely by either or both of such rating agencies, if in the judgment of either or both circumstances so warrant. Any downward revision or withdrawal of such ratings, or either of them, may have an adverse effect on the market price of the bonds. MISCELLANEOUS The summaries of or references to the Resolution and certain statutes and other documents included in this Official Statement do not purport to be comprehensive or definitive, and such summaries and references are qualified in their entirety by reference to each such resolution, law and document. AUTHORIZATION OF AND CERTIFICATION CONCERNING OFFICIAL STATEMENT This Official Statement has been authorized by Indian River County, Florida. Concurrently with the delivery of the Bonds, the undersigned will furnish their certificate to the effect that, to the best of their knowledge, this Official Statement did not as of its date, and does not as of the date of delivery of the Bonds, contain any untrue statement of a material fact or omit to state a material fact which should be included therein for the purposes for which this Official Statement is to be used, or which is necessary in order to make the statements contained therein, in the light of the circumstances in which they were made, not misleading. INDIAN RIVER COUNTY, FLORIDA /s/ William C. Wodtke, Jr. Chairman, Board of County Commissioners /s/ Jack W. Jennings County Administrator /s/ William P. Jackson County Finance Officer 37 APPENDIX A t P I B POST, BUCKLEY, SCHUH & JERNIGAN, INC. J 7500 NORTHWEST 52nd STREET MIAMI, FLORIDA 33166 TELEPHONE 305/592-6100 Honorable Chairman and Board of County Commissioners Indian River County County Courthouse Vero Beach, Florida 32960 Re: Indian River County Solid Waste Disposal Program Members of the Board: CONSULTING ENGINEERS AND PLANNERS October 4, 1977 The purpose of this letter is to summarize certain pertinent information regarding the County's on-going construction program aimed at providing new solid waste management facilities to meet your immediate and future solid waste disposal needs. This information is presented relative to the sale of revenue bonds as provided for under Chapter 159 of the Florida Statutes which will provide the long-term financing mechanism needed to fund the current program. This letter is for inclusion in the Official Statement being prepared by William R. Hough & Company. HISTORY OF THE PROGRAM Since 1966, when the City of Vero Beach closed its open -burning dump, the County has exclusively provided solid waste disposal service to all areas both incorporated and unincorporated, throughout Indian River County. During the 1950's and 1960's, the County operated five dump sites and a small trash disposal site. In• 1971, amidst the growing national concern for preserving the environment and an increasing scarcity of available land at the existing dump sites, the County undertook an ambitious program to improve its solid waste management program by undertaking the following projects: The construction of a central sanitary landfill, capable of disposing of all solid waste generated within the County, including both the incorporated and unincorporated areas. The systematical closing out of all the existing dump sites, converting them where possible into convenience collection stations. A mutual agreement was reached between the County and the City of Vero Beach to utilize a 60 -acre site, situated on City -owned property adjacent to the Vero Beach municipal airport for the purpose of constructing A-1 BOX LL e . and operating a central sanitary landfill. By the fall of 1975, all of the County's dump sites had been closed out and/or converted into convenience collection stations and a new central sanitary landfill facility was in operation. In the fall of 1976, prompted by a growing national concern regarding the safety hazards imposed by the operation of sanitary landfills in proximity to airports due to their attraction of birds, the Federal Aviation Administration (FAA) advised the City of Vero Beach that they were in violation of their agreement with the Federal government regarding the use of Federal airport lands for purposes which create a hazard to airport operation. The FAA advised the City that the operation of the Gifford Road landfill must be ceased as soon as possible. The Board of County Commissioners responded by embarking on a program aimed at solving both the immediate and long-range solid waste management problems. As a first step in the program aimed at solving the immediate disposal problem, a public notice was published in September of 1976, requesting proposals for land to be purchased by the County for a new sanitary landfill site. The County received proposals for at least nine potential landfill sites. On January 5, 1977; the Board of County Commissioners engaged the services of the consulting engineering firm of Post, Buckley, Schuh and Jernigan, Inc., authorizing them to proceed with the following work: Provide assistance to the County in the selection of a suitable sanitary landfill site. Design and submit the required construction permit application and related engineering documenta- tion for a new sanitary landfill facility in accordance with the requirements of Chapter 17-7 of the Florida Administrative Code. Prepare a comprehensive solid waste management plan which will meet the County's solid waste management planning needs through the year 2000. Following an intensive site specific evaluation of the proposedalternative sites by the County e-... Administrator's Office, the County's general engineering consultants (Beindorf and Associates), the Department - of Environmental Regulation and the County's solid waste consultants (PBS&J), a 190 -acre site located in the southeast corner of the County was selected and recommended to the Board of County Commissioners for purchase. The Board unanimously endorsed the recommendation and authorized the purchase and development of the site. Construction/operational drawings and related engineering documentation for Phase I of the new sanitary landfill were prepared by PBS&J and submitted to the Department of Environmental Regulation for approval. On April 28, 1977, DER issued a construction permit for the new landfill. Construction commenced immediately. Simultaneously, the County implemented a temporary capital funding program by which the Board authorized the County Coordinator to secure up to $1,350,000 in tax anticipation notes to provide the necessary funds to pay for the initial construction costs of the new landfill facility to allow construction to commence and continue to completion on schedule. To date, the County has secured approximately $1,100,000 in funds from the First Citrus Bank of Vero Beach from tax anticipation notes having an effective annual interest rate of 4.65 percent per annum. The County plans to retire these short term notes with the funds received through the sale of revenue bonds. On July 19, 1977, the County submitted an application for a permit to operate the County's new central disposal site to the Department of Environmental Regulation. The Department subsequently issued an operating permit for the new facility which extends for the maximum allowable period of 5 years (until August 1982) at which time the County can apply for an extension to continue operations. On August 1, 1977, the new central sanitary landfill was placed into operation. Simultaneously, the old Gifford Road landfill, which had singularly served as the central disposal site for solid waste generated throughout Indian River County since 1975, was closed. Historically, the disposal of solid waste at=County-owned/operated disposal sites has been without the assessment of direct charges to its users. The cost of constructing and operating the disposal site has been paid for by the County from non -ad valorem funds. A-2 JAN A 8 1978 BOOK 33 PAGE3, 1 5 A DESCRIPTION OF NEW DISPOSAL FACILITIES The new 190 -acre sanitary landfill site is located in the southeast region of Indian River County, about 6 miles southwest of the approximate geographical center of Vero Beach. The landfill has been designed and constructed in accordance with all applicable local and State requirements as contained under Chapter 17-7 of the Florida Administrative Code (FAC) and has been certified by the Department of Environmental Regulation (DER) as meeting these standards. In addition, the County has applied for and received a permit from DER to operate the sanitary landfill in accordance with the approved construction/operational drawings and engineering documentation prepared by PBS&J. Pertinent construction and operational features of the new sanitary landfill include the following: • Ultimately, solid waste will be placed or disposed on only about 100 acres or approximately 52 percent of the site's total land area. The remaining 90 acres will be devoted to buffer zones; preservation areas, roadways, drainage ditches and other such uses. The site will be developed or filled in four phases, each phase comprising approximately 25 acres of net useable land. • To protect the quality of the region's groundwater resources from potential pollution from the new landfill, all areas of the site upon which solid waste will be deposited are being filled with"clean" fill material to the elevation required to provide a minimum separation of five feet from the seasonal high groundwater table. Also, a network of monitoring wells have been installed at the perimeter of the landfill. Samples taken from these wells will be analyzed to detect any adverse changes in the groundwater quality in the vicinity of the site during the landfill operation. • A perimeter fence will be provided around the site to prevent unauthorized entry and to contain any blowing litter or debris on the site. • Natural vegetation has been left in the 200 -foot wide buffer zone around the perimeter of the site to screen the operation from public view. • A'h-mile long paved access road has been constructed on-site to provide all-weather vehicle access to the working areas of the landfill. • A new 50 -ton capacity motor truck scale has been provided at the entrance of the site to weigh all irfcoming solid waste to provide an accurate and reliable basis for assessing user charges based on weight. A prefabricated modular scale house will also be provided and serve as an interim administration facility. • The following existing equipment has been or will be transferred from the County Road and Bridge Department to the new sanitary landfill: (1) Landfill compactor (1974 Caterpillar Model 816) (1) Bulldozer (1972 Caterpillar Model 977L) (1) Traxcavator (1972 Caterpillar Model D-6) (1) Dragline (1972.Northwest Model 41) All of this existing equipment is in good operating condition. With the exception of the landfill compactor, the County has temporary replacement equipment available within its Road and Bridge Department for each of the pieces of equipment listed. The County plans to purchase the following equipment for use at the new sanitary landfill: (1) Road grader (1) Pan scraper (1) Pick-up truck (1) 16 -inch turbine pump A-3 1. ,�..-T - •:.�,_. per---.� - -:-rT. BoK 3 3 Fauf 34'21 5 s SOLID WASTE QUANTITIES In January of 1977, the County Administrator's Office conducted a survey, at the request of PBS&J, to determine the rate at which solid waste was incoming to the County's existing central disposal facility. Since scales were not available at the old disposal site, volumetric estimates were used. Available records were assembled from various County, municipal and private sources which indicated the volumetric quantity of solid waste delivered to the disposal site from these sources. Estimated average densities of incoming waste from each of the major user categories were applied to the available volumetric data to provide a reasonably reliable estimate of the average daily and annual rate of incoming solid waste. The results of the survey, shown in Table 1, indicate that during 1976 about 36,000 tons of solid waste were delivered to and disposed of at the County's central disposal site, yielding an average daily incoming rate of solid waste to the facility of about 100 tons per day. The rate at which solid waste will be generated within a given community can be projected on the basis of the community's projected future resident population and an equivalent per capita solid waste generation rate. In April of 1977, the Indian River County Planning Department prepared an updated population projection for each of the 52 enumeration districts within Indian River County. The projections were based on the County's recently adopted (1976) Comprehensive Land Use Plan. These projections conform very closely to previous estimates prepared by the East Central Florida Regional Planning Council in 1974 and with the more recent (1975) population projections prepared by Adley Associates, the County's consulting planners/economists, using the method of "least-squares." The per capita solid waste generation rate is defined as an equivalent unit quantity measurement of solid waste which is theoretically generated by one resident (or capita) over a specified period of time. The per capita figure represents the composite solid waste generation, including household, commercial and industrial post -consumer wastes. It is commonly expressed in terms of "pounds -per -capita -per -day" (lbs/capita/day). The per capita rate has been shown to vary according to a number of factors including the type of development, per capita income levels, and age distribution. A 1971 study conducted by EPA, relates the per capita solid waste generation rate to population density as a measure of the degree of urbanization within a particular community. This technique has proven to be successful in a number of recent studies for estimating and projecting solid waste generation rates and has been applied to Indian River County for this purpose. Also, recent studies by EPA and others suggest that the national per capita solid waste generation rate will increase each year at the rate of approximately 0.1 lb/capita-day as a result of a relatively constant annual increase in the per capita consumer goods useage throughout the United States. This national average annual increase has been incorporated into the solid waste projections for Indian River County. Table 2 contains a summary of the projected total annual and average daily solid waste generation rates for Indian River County from FY 1978 through FY 1994. INITIAL PROJECT COSTS Under the current construction program to provide new facilities to meet Indian River County's immediate and long-term solid waste disposal needs, it will cost an estimated $1,212,000 to plan., design and construct the needed facilities. To date, $415,000 has been spent for the purchase of a 190 -acre parcel of land on which the new sanitary landfill is being constructed. As of July 1, 1977, approximately $228,000 had been spent for planning, design and construction of the new landfill, including the preparation of the first of four 25 -acre areas or segments of the site into which solid waste will be disposed. An additional $469,000 will be required to complete construction of the new landfill and to complete the preparation of the first segment. Also, an estimated $100;000 will be needed to finance the planning, design and construction of two proposed new convenience collection stations which will serve the new landfill. Table 3 presents a complete breakdown of the estimated costs to plan, design and construct the needed facilities under the current construction program. A-4 JAN 181978 e• 8CGK 33 Fa -F 33i 1' FUTURE PROJECT COSTS If In accordance with the approved construction/operational plans for the new sanitary landfill facility, the net useable land (land on which solid waste will be disposed) consists of approximately 100 acres or about 50 percent of the site's total available land area 090 acres). These 100 acres of "net -useable -land" will be developed in four segments or phases. The first segment, consisting of approximately 25 acres, will be developed (i.e., cleared, filled, graded, etc.) under the 1977-78 construction program. It should provide sufficient landfill space to accommodate the disposal of all solid waste generated within Indian River County over approximately the next 5 years. The remaining three segments will be individually developed, as required, in sequence, according to the approved construction/operational plans to provide continuous solid waste disposal service over the projected useful life of the site. The cost to develop each of the remaining three segments, including clearing and grubbing of the land, filling and grading to prescribed grade elevations, and the construction of perimeter roads, ditches and berms, has been estimated in 1976 dollars as follows: Segment No. 2 — $155,000 Segment No. 3 — 172,000 Segment No. 4 — 190,000 Total Estimated Future Capital Improvement Costs $517,000 Based on the projected solid waste generation rates for Indian River County over the next 17 years, the preparation of Segments 2, 3, and 4 should occur in FY 1983-84, FY 1987-88 and FY 1990-91, respectively. It is anticipated that the capital improvement costs to prepare these three segments will be financed by accumulated net system operating revenues generated during the initial years of operation in prior segments and, if necessary, by short-term financing programs (e.g. tax anticipation notes). PROJECTED OPERATING AND MAINTENANCE (O & M) COSTS The annual O & M costs for Indian River County's new central sanitary landfill are estimated on the basis of its projected resource requirements including manpower, equipment, parts and supplies and utilities. These resource requirements were determined in accordance with the proposed operating schedule for the facility and projected rates of incoming solid waste to the facility. Table 4 contains a breakdown of the projected annual O & M costs for the new sanitary landfill during its initial year of operation (FY 1977-78). To realistically project future O & M costs, an average annual inflation rate of 7 percent has been applied to the projections. The projected annual O & M costs for the new landfill are presented in Table. 5. A-$ �....-.. ::. _-:.. -. ,�.: .. «.-_, _ .._:...-.--...::.�.. .:.._._.���-r--.�.:.��a.-�-mac_.-»-..,-_... �-..:-.�*.__.. .gym-.F.�.......�-gt.c.��.ca ..�•,�-..x-+-�x�_..r-c.+r-m ....._ - �.--.. _ -.x-, . r- _ :-:_ .« JAN 181978�� BGGK cT3 PAF.3 '�4' As PROJECTED REVENUES Each customer delivering solid waste to the County's new central disposal facility will be assessed a user charge. This charge will be levied according to the weight of solid waste being delivered and a unit disposal fee which will be established by the County based on the projected annual owning and operating costs of the disposal facility. During the first two years of operation (FY 77-78 and FY 78-79), a unit disposal fee of $9.00 per ton has been used to project revenues. In subsequent years, appropriate increases in the unit disposal fee have been programmed into the revenue projections to compensate for projected increases in the unit disposal cost due to inflation. Table 6 presents the projected annual gross operating revenues for the new disposal facility over the next 17 years. Based on these projected annual gross operating revenues and the projected annual O & M costs for the landfill as contained in Table 5, the projected annual net operating revenues for the landfill have been projected over the next 17 years as shown in Table 7. Based on the projected debt service and reserve fund requirements prepared by William R. Hough & Company for the sale of $1,815,000 Solid Waste Disposal System Revenue Bonds to provide the long-term financing for the County's current solid waste facilities construction program, the projected annual net operating revenue for the new landfill will exceed the required 1.15 debt service coverage factor throughout the projected life of the bonds (17 years). Very truly yours, POST, BUCKLEY, SCHUH Sc JERNIGAN, INC. Kevin . Cooley KJC/ww Project Engineer 069-002.10 A-6 • (a) Based on the 1976 survey by the County Administrator's Office. (b) Includes all solid waste delivered to the disposal site by sources other than organized public or private waste collection servicer. A-7 INDIAN RIVER COUNTY, FLORIDA TABLE 1 SOLID WASTE DISPOSAL SURVEY (a) Annual Annual Average Source Cubic Yardage Tonnage Daily Tonnage City of Vero Beach 49,900 12,480 35 County Convenience 54,300 9,505 26 Stations Rural Sanitation Service 21,500 5,370 15 Indian River Sanitation Service 10,400 2,600 7 Ciett's Sanitation Service 2,500 625 2 Other Sources (b) 30,900 5.,400 15 Totals 169,500 35,980 100 (a) Based on the 1976 survey by the County Administrator's Office. (b) Includes all solid waste delivered to the disposal site by sources other than organized public or private waste collection servicer. A-7 s � . JAN 18 1978 INDIAN RIVER COUNTY, FLORIDA A•8 Average Daily Solid Waste (Tons) 116 127 137 148 158 169 180 191 201 214 226 238 250 263 275 287 299 if TABLE 2 SOLID WASTE PROJECTIONS Fiscal Total Annual Year Solid Waste Ending 9/30 (Tons) 1978 42,500 1979 46,300 1980 50,100 1981 53,900 1982 57,800 1983 61,700 1984 65,700 1985 69,600 1986 73,500 1987 78,000 1988 82,500 1989 86,900 1990 91,400 1991 95,900 1992 100,400 1993 104,900 1994 109,300 A•8 Average Daily Solid Waste (Tons) 116 127 137 148 158 169 180 191 201 214 226 238 250 263 275 287 299 if INDIAN RIVER COUNTY, FLORIDA TABLE 3 BREAKDOWN OF ESTIMATED CAPITAL COSTS FOR THE CONSTRUCTION SOLID WASTE DISPOSAL FACILITY • Land • Construction completed as of July 1, 1977 • Estimated additional construction to complete Phase I 'Fill for roads and construction grade 'Road stablilization and pavement • New facilities and equipment *Scale 'Prefabricated scale house 'Fencing 'Pan Scraper 'Road Grader *Tractor *Pick-up Truck '16 -inch Pump • Engineering and Contingencies TOTAL ESTIMATED CAPITAL COSTS A-9 $ 415,000 r 228,000 40,000 57,000 97,000 25,000 10,000 90,000 180,000 77,000 12,000 5,000 6,000 405,000 67,000 $1,212,000 JAN IS 1978 SCOK 33 PAGE jbl4 INDIAN RIVER COUNTY, FLORIDA TABLE 4 BREAKDOWN OF PROJECTED ANNUAL O & M COSTS FOR PROPOSED SANITARY LANDFILL DURING FISCAL YEAR 1977-78 Payroll (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $66,000 Equipment (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . 64,000 Borrow pit operation (3) . . . . . . . . . . . . . . . . . . . . . . . 8,500 Utilities and supplies (4) . . . . . . . . . . . . . . . . . . . . . 6,500 Administration and overhead (5) . . . . . . . . . 30,000 Total Estimated O & M . . $175,000 (1) Comprised of estimated salary costs plus 30% fringe benefits. (2) Excludes estimated depreciation of equipment which is covered under R/R fund. (3) Includes estimated costs of dragline operation for removal and stockpiling of cover material. (4) Includes estimated costs for water, electricity, telephone, office supplies, etc. (5) Includes estimated costs for supervisory and clerical personnel. A-10 JAN 18 1978BCCI( 33 PAGE e. INDIAN RIVER COUNTY, FLORIDA TABLE 5 PROJECTED ANNUAL O & M COSTS FOR NEW SANITARY LANDFILL FISCAL YEAR EST. O & M EST. R/R EST. TOTAL ENDING 9/30 COSTS (a) COSTS (b) COSTS (c) 1978 $ 175,000 $ 35,000 $ 210,000 1979 194,000 41,000 235,000 1980 216,000 47,000 263,000 1981 240,000 54,000 294,000 1982 279,000 62,000 341,000 1983 '321,000 70,000 391,000 1984 368,000 81;000 449,000 1985 420,000 911000 511,000 1986 478,000 103,000 581,000 1987 525,000 117,000 642,000 1988 578,000 132,000 710,000 1989 634,000 149,000 783,000 1990 697,000 168,000 865,000 1991. 764,000 188,000 952,000 1992 837,000 210,000 1,047,000 1993 917,000 236,000 1,153,000 1994 1,003,000 263,000 1,266,000 (a) 0 & M costs include the estimated expenses for personnel, utilities and supplies, equipment operating costs (i.e., fuel, oil, toes, lubricants, etc.) and scheduled periodic maintenance of facilities and equipment. (b) R/R costs include the estimated expenses for the replacement of existing equipment, addition of required new equipment and unscheduled equipment maintenance and repair. (c) Total costs = 0 & M costs plus R/R costs. A-11 JAN 1.81978 cox 33 3,5 m INDIAN RIVER COUNTY, FLORIDA TABLE 6 BREAKDOWN OF PROJECTED ANNUAL GROSS REVENUES BY CUS'T'OMER CATEGORY 0 Total INDIAN RIVER COUNTY, FLORIDA TABLE 6 BREAKDOWN OF PROJECTED ANNUAL GROSS REVENUES BY CUS'T'OMER CATEGORY A-12 Total Fiscal Year Franchised Other Gross Ending 9/30 Vero Beach Haulers County Sources Revenues 1978 $127,800 $101,700 $ 95,400 $ 57,600 $ 382,500 1979 134,100 113,400 107,100 62,100 416,700 1980 164,900 144,900 137,600 78,800 526,200 1981 172,200 157,500 151,200 85,000 565,900 1982 179,600 171,200 164,900 91,300 607,000 1983 188,000 183,800 178,500 97,700 648,000 1984 223,200 225,600 220,800 118,800 788,400 1985 232,800 241,200 236,400 124,800 835,200 1986 241,200 256,800 252,000 132,000 882,000 1987 249,600 274,800 271,200 140,400 936,000 1988 280,800 317,200 313,300 161,200 1,072,500 1989 289,900 335,400 335,400 169,000 1,129,700 1990 300,300 354,900 354,900 178,100 1,188,200 1991 345,100 417,600 419,100 208,800 1,390,600 1992 355,300 440,800 440,800 219,000 1,455,900 1993 392,200 492,900 497,600 243,400 1,626,100 1994 403,000 516,200 520,800 254,200 1,694,200 A-12 A-13 Net Operating Revenues $172,500 181,700 263,200 271,900 266,000 257,000 339,400 324,200 301,000 294,000 362,500 346,700 323,200 438,600 408,800 473,000 428,200 mm33r�Ul. INDIAN RIVER COUNTY, FLORIDA TABLE 7 ANNUAL NET OPERATING REVENUE PROJECTIONS Gross Total Est. Fiscal Year Operating Landrdl Ending 9/30 Revenues Costs 1978 $ 382,500 $ 210,000 1979 416,700 235,000 1980 526,200 263,000 1981 $65,900 294,000 1982 607,000 341,000 1983 648,000 391,000 1984 788,400 449,000 1985 835,200 511,000 1986 882,000 581,000 1987 936,000 642,000 1988 1,072,500 710,000 1989 1,129,700 783,000 1990 1,188,200 865,000 1991 1,390,600 952,000 1992 1,455,800 1,047,000 1993 1,626,000 1,15 3 ,000 1994 1,694,200 1,266,000 A-13 Net Operating Revenues $172,500 181,700 263,200 271,900 266,000 257,000 339,400 324,200 301,000 294,000 362,500 346,700 323,200 438,600 408,800 473,000 428,200 mm33r�Ul. S APPENDIX B REMAINING SECTIONS OF RESOLUTION NOT SET FORTH ELSEWHERE IN THIS OFFICIAL STATEMENT RESOLUTION NO. 77-110 A RESOLUTION PROVIDING FOR THE ACQUISITION AND CONSTRUCTION OF A SOLID WASTE. DISPOSAL SYSTEM OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $1,815,000 SOLID WASTE DISPOSAL SYSTEM REVENUE BONDS, SERIES 1977, OF SUCH COUNTY TO PAY THE COST OF SUCH PROJECT AND THE REPAYMENT OF CERTAIN OUTSTANDING OBLIGATIONS ISSUED FOR SUCH PURPOSE; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH BONDS; PROVIDING FOR THE PAYMENT THEREOF; AND MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: SECTION 3. FINDINGS. It is hereby ascertained, determined and declared that: A. The Issuer does not now own, operate and maintain the Facilities. B. It is necessary and desirable to acquire and construct the Facilities including, but not limited to, the acquisition of rolling stock, the construction of transfer stations, construction of a central disposal facility and the acquisition of land, as provided herein (hereinafter called "project"), in order to preserve and protect the public health, safety and welfare of the inhabitants of the Issuer. C. The Issuer has outstanding $1,100,000 Revenue and General Obligation Notes, maturing May 1, 1978, bearing interest at the rate of 4.65% per annum (hereinafter called "Outstanding Notes"), issued for the purpose of temporarily financing the construction of the Facilities. Said Notes are redeemable on any date prior to maturity at the price of par and accrued interest to the date of such redemption provided notice is given as required by said Notes. It is also deemed necessary and advisable and in the Issuer's best financial interests that said Notes be redeemed and paid from the first proceeds of sale of the obligations issued hereunder, in the manner hereinafter provided. D. The Revenues to be derived from the operation of the facilities are not now pledged or encumbered in any manner. E. The estimated Revenues to be derived from the operation of the Facilities will be sufficient to pay all of the principal of and interest on the obligations to be issued hereunder, as the same become due, and to make all required sinking fund, reserve or other payments. F. The principal of and interest on the Obligations and all required sinking fund, reserve and other payments shall be payable solely from the Revenues derived from the operation of the Facilities, and from Revenue Sharing Trust Funds, as herein provided. The Issuer shall never be required to levy ad valorem taxes on any property therein to pay the principal of and interest on the Obligations or to make any of the required sinking fund, reserve or other payments and such obligations shall not constitute a lien upon any property of or in the Issuer. B-1 8C©K PAGE •„�vl� 0 10 SECTION 4. AUTHORIZATION OF CONSTRUCTION AND ACQUISITION OF PROJECT AND REFUNDING OF NOTES. (a) There is hereby authorized the construction and acquisition of the project pursuant to the reports and the plans and specifications of the Consulting Engineers, presently on file or to be on file with the Issuer. The cost of such project, in addition to the items set forth in the plans and specifications, may include, but need not be limited to the acquisition of any lands or interest therein or any other properties deemed necessary or convenient therefor; engineering, legal and financing expenses; expenses for estimates of costs and of revenues; expenses for plans, specifications and surveys; the fees of fiscal agents, financial advisors or consultants; administrative expenses relating solely to the construction and acquisition of the project; the capitalization of interest for a reasonable period after the issuance of the obligations; the creation and establishment of reasonable reserves for debt service and operation and maintenance; the discount on the sale of the Obligations, if applicable; and such other costs and expenses as may be necessary or incidental to the financing herein authorized and the construction and acquisition of the project and the placing of same in operation. (b) There is also hereby authorized the refunding of the Outstanding Notes. 00000 SECTION 6. AUTHORIZATION OF OBLIGATIONS. Subject and pursuant to the provisions hereof, obligations of the Issuer to be known as "Solid Waste Disposal System Revenue Bonds, Series 1977," herein sometimes referred to as "Obligations" are authorized to be issued in the aggregate principal amount of not exceeding One Million Eight Hundred Fifteen Thousand Dollars ($1,815,000). 00000 SECTION 8. EXECUTION OF OBLIGATIONS AND COUPONS. The Obligations shall be executed in the name of the Issuer by the Chairman of the Board of County Commissioners and countersigned and attested by the Clerk of the Board, and its corporate seal or a facsimile thereof shall be affixed thereto or reproduced thereon. The facsimile signatures of the Chairman or the Clerk may be imprinted or reproduced on the Obligations, provided that at least one signature required to be placed thereon shall be manually subscribed. In case any officer whose signature shall appear on any of the Obligations shall cease to be such officer before the delivery of such Obligations, such signature or facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. The Obligations may be signed and sealed on behalf of the Issuer by such person who at the actual time of the execution of such Obligations shall hold the proper office with the Issuer, although at the date of such Obligations such person may not have held such office or may not have been so authorized. The coupons attached to the Obligations shall be authenticated with the facsimile signatures of any present or future Chairman and Clerk of the Issuer, and the validation certificate on the Obligations shall be executed with the facsimile signature of the Chairman. The Issuer may adopt and use for such purposes the facsimile signatures of any persons who shall have held such offices at any time on or after the date of the Obligations notwithstanding that they may have ceased to be such officers at the time such Obligations shall be actually delivered. SECTION 10. OBLIGATIONS MUTILATED, DESTROYED, STOLEN OR LOST. In case any Obligation shall become mutilated, or be destroyed, stolen or lost, the Issuer may in its discretion issue and deliver a new obligation with all unmatured coupons attached, if any, of like tenor as the Obligation and attached coupons, if any, so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Obligation, upon surrender and cancellation of such mutilated obligation and attached coupons, if any, or in lieu of and B-2 Box 133 FAGF. ��cJ1i r op a substitution for the Obligation and attached coupons, if any, destroyed, stolen or lost and upon the holder furnishing the Issuer proof of his ownership thereof and satisfactory indemnity and complying with such other reasonable regulations and conditions as the Issuer may prescribe and paying such expenses as the Issuer may incur. All Obligations and coupons so surrendered shall be cancelled. If any such Obligation or coupon shall have matured or be about to mature, instead of issuing a substitute obligation or coupon, the Issuer may pay the same, upon being indemnified as aforesaid, and if such Obligations or coupon be lost, stolen or destroyed, without surrender thereof. All such duplicate Obligations and coupons issued pursuant to this section shall constitute original, additional contractual obligations on the part of the issuer whether or not the lost, stolen or destroyed Obligations or coupons be at any time found by anyone, and such duplicate Obligations and coupons shall be entitled to equal and proportionate benefits and rights as to lien on and source and security for payment from the funds, as hereinafter pledged, to the same extent as all other Obligations and coupons issued hereunder. 0069® SECTION 12. FORM OF OBLIGATIONS AND COUPONS. The obligations, the interest coupons to be attached thereto, and the certificate of validation shall be in substantially the following form, with such omissions, insertions and variations as may be necessary and desirable and which are herein authorized or permitted or which are subsequently authorized or permitted prior to the issuance of the obligations: No. $5,000 UNITED STATES OF AMERICA STATE OF FLORIDA INDIAN RIVER COUNTY SOLID WASTE DISPOSAL SYSTEM REVENUE BOND SERIES 1977 KNOW ALL MEN BY THESE PRESENTS that Indian River County, Florida (hereinafter called "County"), for value received, hereby promises to pay to the bearer, or if this bond be registered, to the registered holder as herein provided on the first day of September, 19 , from the special funds hereinafter mentioned, the principal sum of FIVE THOUSAND DOLLARS and to pay solely from such special funds, interest thereon from the date .hereof at the rate of per centum ( %) per annum until payment of the principal sum, such interest to the maturity hereof being payable semiannually on the first day of March and the first day of September in each year upon the presentation and surrender of the annexed coupons as they severally fall due. Both principal of and interest on this bond are payable in lawful money of the United .States of America at , or, at the option of the holder at This bond is one of an authorized issue of bonds in the aggregate principal amount of $1,815,000 of like date, tenor and effect, except as to number, interest rate and date of maturity, issued to finance the cost of the construction and acquisition of a solid waste control system of the County (hereinafter called "facilities"), and the refunding of certain outstanding Notes of the County issued for such purpose, under the authority of and in full compliance with the Constitution and Statutes of the State of Florida, including particularly Chapter 159, Part I, Florida Statutes, Section 125.01 et seq., Florida Statutes, County Ordinance No. 77-19 enacted August 3, 1977, Chapter 218, Part II, Florida Statutes, and other applicable provisions of law, and a resolution duly adopted by the Board of County. Commissioners on the day of , 1977 (hereinafter called "Resolution"), and is subject to all the terms and conditions of such Resolution. This bond and the coupons appertaining thereto are payable solely from and secured by a prior lien upon and pledge of the net revenues derived by the County from the operation of the facilities and a prior lien upon and pledge of the guaranteed entitlement portion of the state revenue sharing trust funds received by the County, in the manner provided in the Resolution. &3 JAN 18 1978 Hca Pg -JA 0 . The bonds of this issue maturing in the years 1980 to 1985, both inclusive, are not redeemable prior to their respective stated dates of maturity. The bonds maturing in the year 1986 and thereafter are redeemable prior to their respective stated dates of maturity, at the option of the County, in whole or in part, in inverse numerical order if less than all, on September 1, 1985, or on any interest payment date thereafter, at par and accrued interest to the date of redemption, plus a premium of two per centum (2%) of the par value thereof if redeemed on. September 1, 1985. Such premium shall reduce at the rate of one-fourth of one per centum ('/a%) on each September 1 thereafter; provided, however, that such premium shall never be less than one per centum (1%) of the par value thereof. Notice of such redemption shall be given in the manner required by the Resolution. This bond does not constitute an indebtedness of the County within the meaning of any constitutional or statutory provision or limitation, and it is expressly agreed by the holder of this bond and the coupons appertaining thereto that such holder shall never have the right to require or compel the exercise of the ad valorem taxing power of the County for the payment of the principal of and interest on this bond or the making of any sinking fund, reserve or other•payments provided for in the Resolution. It is further agreed between the County and the holder of this bond that this bond and the obligation evidenced thereby shall not constitute a lien upon the facilities or any part thereof, or on any other property of or in the County, but shall constitute a lien only on the net revenues derived from the operation of the facilities and the guaranteed entitlement portion of the State revenue sharing trust funds, in the manner provided in the Resolution. The County in the Resolution has covenanted and agreed with the holders of the bonds of this issue to fix, establish and maintain such rates and collect such fees, rentals or other charges for the services of the facilities and to revise the same from time to time whenever necessary, as will always provide revenues in each year sufficient to pay (1) one hundred per centum (100%) of all operating and maintenance costs of the facilities in such year, (2) one hundred per centum (100%) of all required deposits into the Reserve Account in the Sinking Fund and into the Renewal and Replacement Fund established by the Resolution in such year, and (3) one hundred fifteen per centum (115%) of the amount of principal and interest becoming due in such year on the bonds of this issue and on all other obligations payable on a parity therewith, and that such rates, fees, rentals or other charges shall not be reduced so as to be insufficient to provide adequate revenues for such purposes; and the County has entered into certain further covenants with the holders of the bonds of this issue for the terms of which reference is made to the Resolution. It is hereby certified and recited that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this bond, exist, have happened and have been performed in regular and due form and time as required by the Laws and Constitution of the State of Florida applicable thereto, and that the issuance of the bonds of this issue does not violate any constitutional or statutory limitation or provision. This bond and the coupons appertaining thereto are and have all the qualities and incidents of a negotiable instrument under the law merchant and the Laws of the State of Florida. 'This bond may be registered as to principal only in accordance with the provisions endorsed hereon. IN WITNESS WHEREOF, Indian River County, Florida, has issued this bond and has caused the same to be signed by the Chairman of the Board of County Commissioners and attested and countersigned by the Clerk of such Board, either manually or with their facsimile signatures, and the corporate seal of said County or a facsimile B-4 JAN ��1 Box 33 PAGGE thereof to be affixed, impressed, imprinted, lithographed or reproduced hereon and the interest coupons hereto attached to be executed with the facsimile signatures of such officers all as of the first day of September, 1977. INDIAN RIVER COUNTY, FLORIDA (SEAL) Chairman, Board of County Commissioners ATTESTED AND COUNTERSIGNED: Clerk, Board of County Commissioners FORM OF COUPON No. $ On the 1st day of , 19 , the County of Indian River, Florida, will pay to the bearer at or, at the option of the holder, at , from the special funds described in the bond to which this coupon is attached, the amount shown hereon in lawful money of the United States of America, upon .presentation and surrender of this coupon, being six months' interest then due on its Solid Waste Disposal System Revenue Bond, Series 1977, dated September 1, 1977, No. COUNTY OF INDIAN RIVER, FLORIDA (SEAL) ATTESTED AND COUNTERSIGNED: Clerk, Board of County Commissioners Bv: Chairman, Board of County Commissioners VALIDATION CERTIFICATE This bond is one of the series of bonds which were validated and confirmed by judgment of the Circuit Court for Indian River County, Florida rendered on the day of '19 Chairman, Board of County Commissioners B -S Gaon 33 FnUE 3P PROVISION FOR REGISTRATION This obligation may be registered as to principal only in the name of the holder on the books to be kept by the Clerk of the Board of County Commissioners of Indian River County, Florida, as Registrar, or such other Registrar as may be hereafter duly appointed, such registration being noted hereon by such Registrar in the registration blank below, after which no transfer shall be valid unless made by written assignment on said books by the registered holder or attorney duly authorized and similarly noted in the registration blank below, but it may be discharged from registration by being transferred to bearer, after which it shall be transferable by delivery, but it may be again registered as before. The registration of this obligation as to principal shall not restrain the negotiability of the coupons by delivery merely. DATE OF IN WHOSE NAME SIGNATURE OF REGISTRATION REGISTERED REGISTRAR ®AA®® SECTION 18. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provision of lav or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof or of the Obligations or coupons issued hereunder. SECTION 19. SALE OF OBLIGATIONS. The Obligations shall be issued and sold in such manner and at such price or prices consistent with the Act, all at one time or in installments from time to time, as shall be hereafter determined by the governing body of the Issuer. SECTION 20. VALIDATION AUTHORIZED. The Attorney for the Issuer is authorized and directed to prepare and file proceedings to validate the Obligations in the manner provided by law. , SECTION 21. REPEALING CLAUSE. All resolutions or parts thereof of the Issuer in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. SECTION 22. EFFECTIVE DATE. This resolution shall take effect in the manner provided by law. JAN 1 8.1978 B-6 .BOOK 33 PA -UF 358 t APPENDIX C FORM OF LEGAL OPINION =1!7301111 JUDSON FREEMAN RAY W. RICHARDSON, JR. THOMAS S. SLADE, III EDWARD MCCARTHY. JR. JOHN F. KELLY DANIEL U. LIVERMORE,JR. DOUGLAS J. MILNE A, GRAHAM ALLEN RICHARD E. KLEIN JOHN L. MCWILLIAMS, III JUDSON FREEMAN, JR. ROBERT O. FREEMAN FRANK L. WATSON OF COUNSEL Chairman Board of County Commissioners Indian River County, Florida 1200 BARNETT BANK BUILDING JACKSONVILLE, FLORIDA 32202 (904) 353-1264 Dear Sir: We have examined certified copies of the proceedings of the Board of County Commissioners of Indian River County, Florida, the validation proceedings in the Circuit Court for Indian River County, Florida, and other proofs submitted to us relative to the issuance and sale of $1,815,000 INDIAN RIVER COUNTY, FLORIDA SOLID WASTE DISPOSAL SYSTEM REVENUE BONDS, SERIES 1977 Dated September 1, 1977 $5,000 Each Coupon Bonds, numbered from one upward, registrable as to principal only, and maturing in numerical order on September 1st in the years and amounts as follows: YEAR AMOUNT YEAR AMOUNT 1980 $ 75,000 1988 $125,000 1981 80,000 1989 13 5,000 1982 85,000 1990 140,000 1983 90,000 1991 150,000 1984 100,000 1992 160,000 1985 105,000 1993 165,000 1986 110,000 1994 175,000 1987 120,000 C-1 JAN 181979 MOK 33 PA -UE •j, Interest on said Bonds. at the rate of five and thirty -hundredths per centum (5.301/) per annum, is payable semiannually on March i and September 1 of each year. Certain of the Bonds are redeemable prior to their stated dates of maturity, at the option of the County, upon the terms and conditions and in the manner stated in the Bonds. We have examined one of the Bonds of said issue as executed (Bond No. 1). The Bonds and the coupons appertaining thereto are issued to finance the cost of the acquisition and construction of a solid waste disposal system in Indian River County (hereinafter called "Facilities"), and to refund certain outstanding obligations heretofore issued for said purpose, pursuant to and in full compliance with the Constitution and Statutes of the State of Florida, including Chapter 159, Part 1, Florida Statutes, Section 125.01, et seq., Florida Statutes, County Ordinance No. 77-19, enacted on August 3, 1977, and other applicable provisions of law, and a resolution duly adopted by the Board of County Commissioners of said County on November 2, 1977, as supplemented (herein referred to as "Resolution"), and are subject to all the terms and conditions of said Resolution. The Bonds and the coupons appertaining thereto are payable solely from and secured by a prior lien upon and pledge of the Net Revenues derived from the operation of said Facilities and a prior lien on and pledge of the Revenue Sharing Trust Funds, as defined in said Resolution, received by the County pursuant to Chapter 218, Part 11, Florida Statutes, in the manner provided in the Resolution. The Resolution provides that the Bonds shall not constitute an indebtedness of the County and that the holders thereof shall never have the right to require or compel the exercise of the power of the County to levy ad valorem taxes or to tax real estate in the County for the payment of the principal of or interest on the Bonds. The County in said Resolution has covenanted and agreed with the holders of said Bonds to fix, establish and maintain such rates and collect such fees, rentals or other charges for the services of the Facilities and to revise the same from time to time whenever necessary, as will always provide revenues in each year sufficient to pay (1) one hundred per centum (100%) of all operating and maintenance costs of the Facilities in such year, (2) one hundred per centum (100%) of all required deposits into the Reserve Account in the Sinking Fund and into the Renewal and Replacement Fund established by the Resolution in such year, and (3) one hundred fifteen per centum (115%) of the amount of principal and interest becoming due in such year on the Bonds and on all other obligations payable on a parity therewith, and that such rates, fees, rentals or other charges shall not be reduced so as to be insufficient to provide adequate revenues for such purposes; and the County has entered into certain further covenants with the holders of said Bonds for the terms of which reference is made to the Resolution. The County has reserved the right to issue additional parity obligations payable on a parity with the Net Revenues of the Facilities as to lien and security with the Bonds, provided certain requirements of the Resolution are complied with. In our opinion (1) the Bonds are valid and legally binding special obligations of the County payable solely from the Net Revenues derived by the County from the operation of the Facilities and from the Revenue Sharing Trust Funds, as defined in the Resolution, in the manner provided in the Resolution; (2) the County is legally obligated to collect, receive, hold and apply such special funds in accordance with the provisions of the Resolution, and (3) the interest on the Bonds is exempt from Federal Income Taxes under existing statutes and court decisions. Respectfully submitted, FREEMAN, RICHARDSON, WATSON, SLADE, McCARTHY & KELLY, P.A. C-2 AN 181978 eoo 33 PAGE •JUU m { THE SEVERAL BILLS AND ACCOUNTS AGAINST THE COUNTY, HAVING BEEN AUDITED, WERE EXAMINED AND FOUND TO BE CORRECT WERE APPROVED AND WARRANTS ISSUED IN SETTLEMENT OF SAME AS FOLLOWS: TREASURY FUND NOS. 57015 - 57132 INCLUSIVE. SUCH BILLS AND ACCOUNTS BEING ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, THE WARRANTS SO ISSUED FROM THE RESPECTIVE FUNDS BEING LISTED IN THE SUPPLEMENTAL MINUTE BOOK AS PROVIDED BY THE RULES OF THE LEGISLATIVE AUDITOR, REFERENCE TO SUCH RECORD AND LIST SO RECORDED BEING MADE A PART OF THESE MINUTES. THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND, CARRIED, THE BOARD ADJOURNED AT 6:25 O'CLOCK P.M. ATTEST: a i r I CLERK CHAIRMAN i JAN 1-8 1978 46 BCOK 33 WE �.�0