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HomeMy WebLinkAbout1996-042RESOLUTION NO. 96-42 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING AND SUPPLEMENTING RESOLUTION NO. 93-80; AUTHORIZING THE NEGOTIATED SALE OF NOT TO EXCEED $45,000,000 INDIAN RIVER COUNTY, FLORIDA, WATER AND SEWER REVENUE BONDS, SERIES 1996 TO WILLIAM R. HOUGH & CO. AND SMITH BARNEY INC., SUBJECT TO THE TERMS AND CONDITIONS OF A BOND PURCHASE CONTRACT; APPROVING THE FORM OF SUCH PURCHASE CONTRACT RELATING TO THE NEGOTIATED SALE; DELEGATING THE AUTHORITY TO EXECUTE AND DELIVER THE BOND PURCHASE CONTRACT TO CERTAIN OFFICERS; AUTHORIZING THE DISTRIBUTION AND EXECUTION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT IN CONNECTION WITH THE DELIVERY OF THE BONDS; CANCELING THE REMAINING AUTHORIZED BUT UNISSUED BONDS; AUTHORIZING THE PURCHASE OF MUNICIPAL BOND INSURANCE; AUTHORIZING THE PURCHASE OF A DEBT SERVICE RESERVE FUND POLICY; AUTHORIZING THE EXECUTION OF A FINANCIAL GUARANTY AGREEMENT WITH FINANCIAL GUARANTY INSURANCE COMPANY; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH THE ISSUANCE AND DELIV- ERY OF SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Indian River County, Florida (the "Issuer"), has by Resolution No. 93-80 adopted by the County on April 13, 1993 (the "Master Bond Resolution"), as supplemented from time to time, particularly by Resolution No. 96- 30, adopted on February 20, 1996 (the 111996 Resolution"), autho- rized the issuance of not to exceed $45,000,000 Indian River County, Florida, Water and Sewer Revenue Bonds, Series 1996 (the "Bonds"); and WHEREAS, the proceeds of the Bonds are to be used to (i) make certain capital improvements and additions to the water and sewer system owned and operated by the County; (ii) reimburse the County for the cost of acquiring a water and sewer system from the City of Sebastian, Florida; (iii) make a deposit to the Reserve Account established under the Master Bond Resolution; (iv) fund the Sinking Fund in an amount to pay a portion of the interest first coming due on the Bonds; and (v) pay certain costs incurred in connection with the issuance of the Bonds; and WHEREAS, the Issuer intends to negotiate the sale of the Bonds as hereinafter provided to William R. Hough & Co. and Smith Barney Inc. (the "Underwriters") for the reasons set forth herein; and WHEREAS, the Issuer wishes to approve the form of an agreement for the purchase of the Bonds authorized to be sold hereby; and WHEREAS, the Issuer desires to delegate to the Chairman or Vice Chairman and the County Administrator or the Director of Management and Budget the authority to award the sale of the Bonds to the Underwriters; WHEREAS, the Issuer desires to ratify the distribution of and use by the Underwriters of a Preliminary Official Statement, to authorize the execution and distribution of an Official Statement in connection with the issuance of the Bonds and to take certain other actions in connection with the issuance and sale of the Bonds; WHEREAS, the Issuer has authorized the purchase of municipal bond insurance and has received a commitment for such insurance from Financial Guaranty Insurance Company (the "Bond Insurer"); and WHEREAS, the Issuer has authorized the deposit of a Debt Service Reserve Fund Policy in the Reserve Account and desires to purchase such Reserve Policy from Financial Guaranty Insurance Company and to authorize the execution of a Financial Guaranty Agreement in connection therewith; and WHEREAS, the Issuer will be provided all applicable disclosure information required by Section 218.385, Florida Statutes, at the time of execution and delivery of the Bond Purchase Contract; and WHEREAS, this resolution shall constitute a supplemental resolution under the terms of the 1996 Resolution and all capitalized undefined terms used herein shall have the meanings set forth in the Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY SSIONERS OF INDIAN RIVER COUNTY, FLORIDA: SECTION 1. There is hereby authorized and directed to be issued the Issuer's Water and Sewer Revenue Bonds, Series 1996 (the "Bonds"), in the principal amount not to exceed $45,000,000. The Bonds shall be issued under and secured by the Master Bond Resolution. The Bonds shall mature in the amounts and at the times, shall bear interest at the rates, be redeemable at the redemption prices and upon the terms and shall have all of the other characteristics, all as to be approved by the Chairman or Vice Chairman and the County Administrator or the Director of Management and Budget prior to sale of said Bonds, as provided in this resolution. The Bonds shall be executed, authenticated and delivered by the officers of the Issuer authorized below in substantially the form set forth in the Master Bond Resolution in fully registered form. SECTION 2. It is hereby found and determined that due to the complexity of the financing and the need to coordinate matters among the Issuer and the Underwriter, it is in the best interest of the Issuer to negotiate the sale of the Bonds. The disclosure required by Section 218.385, Florida Statutes, as amended, shall be provided to the Issuer, as evidenced by a schedule attached to the Bond Purchase Contract wherein the Underwriter agrees to provide disclosure to the Issuer prior to execution by the Issuer of the Bond Purchase Contract. The negotiated sale of not to exceed $45,000,000 Water and Sewer Revenue Bonds, Series 1996 at the subsequent determination of the Chairman or Vice Chairman and the County Administrator or the Director of Management and Budget at a price not less than 99% (exclusive of any original issue discount on the Bonds) of the aggregate principal amount of such Bonds is hereby approved to the Underwriter upon substantially the terms and conditions set forth in the Bond Purchase Contract, which is hereby approved in substantially the form attached hereto as Exhibit A. The Bond Purchase Contract, with such changes, alterations and corrections as may be approved by the Chairman or Vice Chairman and the County Administrator or the Director of Management and Budget, such approval to be presumed by his execution thereof, is hereby approved by the Issuer and the Issuer hereby authorizes said Chairman or Vice Chairman and the County Administrator or the Director of Management and Budget to execute and deliver (attested by the Clerk) said Bond Purchase Contract in the name of and on behalf of the Issuer, all of the provisions of which, when executed and delivered by the Issuer as authorized herein shall be deemed to be a part of this instrument as fully and to the same extent as if incorporated verbatim herein. Award of the Bonds to the Underwriter with the true interest cost (taking into consideration underwriter's discount and original issue discount) on the Bonds not exceeding 5.80% per annum, and maturities on the Bonds being not later than the year 2026, may be approved by the Chairman or Vice Chairman and the County Administrator or the Director of Management and Budget, as attested by the Clerk, without need of further authorization of the Issuer. The Bonds are hereby sold to the Underwriter (subject to such conditions) in the amount, at the price and upon the final terms set forth in the Bond Purchase Contract as may be approved by the Chairman or vice Chairman and the County Administrator or the Director of Management and Budget, as attested by the Clerk. The authorization for any Bonds authorized but not purchased by the Underwriter under the Bond Purchase Contract shall be canceled. SECTION 5. The Bonds shall be issued under and secured by the Master Bond Resolution, as supplemented, particularly by the 1996 Resolution and shall be executed and delivered by the Chairman of the Issuer and the Clerk in substantially the form set forth in the Master Bond Resolution, with such additional changes and insertions therein as conform to the provisions of the Bond Purchase Contract and this resolution and such execution and delivery shall be conclusive evidence of the approval thereof by such officers. SECTION 6. As previously authorized in the Master Bond Resolution, insurance to insure the holder of any Bond the scheduled payment of principal and interest on behalf of the Issuer shall be purchased from the Bond Insurer and payment for such insurance is hereby authorized from Bond proceeds in accordance with the Commitment for Municipal Bond Insurance from the Bond Insurer attached hereto as Exhibit "B." All provisions of the Master Bond Resolution applicable to the Bond Insurer for the Series 1993 Bonds shall be equally applicable to the Bond Insurer for the Series 1996 Bonds. SECTION 7. As previously authorized in the Master Bond Resolution, the Issuer shall fund the Reserve Account in the Debt Service Fund with a debt service reserve fund policy purchased from Financial Guaranty Insurance Company. The Chairman is authorized to execute and the Clerk is authorized to attest a Financial Guaranty Agreement in substantially the form attached to the Commitment for Debt Service Reserve Fund Policy attached as Exhibit B hereto, with such changes, insertions and omissions as may be approved by such officers. SECTION 8. The Chase Manhattan Bank, N.A., New York, New York is hereby appointed Paying Agent and Registrar for the Bonds. SECTION 9. The distribution by the Underwriters of the Preliminary Official Statement, a copy of which is attached hereto as Exhibit "C" is hereby approved, confirmed and ratified, and the Issuer hereby confirms and ratifies the prior determination of the County Administrator that such Preliminary Official Statement was, as of its date, in nearly final form within the contemplation of Rule 15c2-12 of the Securities and Exchange Commission. The distribution of a final Official Statement of the Issuer relating to the issuance of the Bonds is hereby approved, such final Official Statement to be in substantially the form attached as Exhibit "C" hereto, with such additional changes, insertions and omissions as may be made and approved by officers of the Issuer executing the same, such execution to be conclusive evidence of any such approval. The Chairman and the County Administrator are hereby authorized to execute such Official Statement in substan- tially the form attached hereto. The execution of such Official Statement by such officers is hereby approved with such additional changes, insertions and omissions as may be made and approved by such officers. SECTION 10. Section 17(B)(7) of the Master Bond Resolution is hereby amended to read as follows: (7) Seventh, the balance of any moneys remaining may be used by the County for any lawful purpose; provided, however, during any period in which the Reserve Policy is in effect, the County has covenanted to withdraw such balance only as of the end of any fiscal year. SECTION 11. All prior resolutions of the Issuer inconsistent with the provisions of this Resolution are hereby modified, supple- mented and amended to conform with the provisions herein contained and except as so modified, supplemented and amended hereby shall remain in full force and effect. 4 SECTION 12. The Chairman of the Board of County Commissioners (or in her absence, the Vice -Chairman), the Clerk, the Director of Management and Budget, the County Administrator, the County Finance Director and the County Attorney or any other appropriate officers of the Issuer are hereby authorized and directed to execute any and all certifications or other instruments or documents required by the Master Bond Resolution, the 1996 Resolution, this Resolution, the Bond Purchase Contract or any other document referred to above as a prerequisite or precondition to the issuance of the Bonds and any such representation made therein shall be deemed to be made on behalf of the Issuer. All action taken to date by the officers of the Issuer in furtherance of the issuance of the Bonds is hereby approved, confirmed and ratified. SECTION 14. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED the , lS day of (IA,L, 1996. (SEAL) ATTEST: ChunWrgerk A pprr'ov0d as to form and legal sufficiency- Charles ufficiencyCharles P. Vitunac County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Chairman Fran B. Adams EXHIBIT A BOND PURCHASE CONTRACT $43,000,000 INDIAN RIVER COUNTY, FLORIDA WATER AND SEWER REVENUE BONDS, SERIES 1996 BOND PURCHASE CONTRACT Indian River County 1840 25th Street Vero Beach, Florida 32960 Ladies and Gentlemen: William R. Hough & Co. and Smith Bamey; Inc., (the "Underwriters"), hereby offer to enter into this Bond Purchase Contract with Indian River County, Florida (the "Issuer"), for the purchase by the Underwriters and the sale by the Issuer of the Bonds referred to in Section 1 hereof. This offer is made subject to acceptance by the Issuer of this Bond Purchase Contract, evidenced by action taken by the Issuer on 1996, and by the execution of this Bond Purchase Contract by duly authorized officers of the Issuer forthwith after such action has been taken. Upon such acceptance and execution, this Bond Purchase Contract shall be in full force and effect in accordance with its terms and shall be binding upon the Issuer and the Underwriters. 1. Agreement to Upon the terms and conditions and in reliance on the representations and covenants hereinafter set forth, the Underwriters hereby agree to purchase from the Issuer, and the Issuer hereby agrees to sell to the Underwriters, all (but not less than all) of S in aggregate principal amount of the Issuer's Water and Sewer Revenue Bonds, Series 19%. at an aggregate purchase price of $ which takes into account an Underwriters's discount of $_ _, and an original issue discount of S , plus accrued interest thereon from March 1, 1996, to the date of Closing (hereinafter defined) in the amount of $ The statement required by Section 218.385 (2)(3) and (6), Florida Statutes, is attached hereto as Exhibit A. 2. Description of Bonds. The Bonds are described in, and will be issued and secured under and pursuant to the authority of the Constitution and laws of the State of Florida including Chapter 125, Florida Statutes and other applicable provisions of the law (the Act) and Indian River County Resolution No. 93-80 as amended and supplemented (collectively, the "Resolution") including, but not limited to amendments and supplements made by Resolution No. 96-30 adopted by the County on February 20, 1996, and amendments and supplements made by Resolution No. adopted by the County on _. The Bonds shall mature in such years and in the amounts, shall bear interest payable on March 1 and September 1 of each year commencing on September 1, 1996, at the rates set forth in Exhibit B attached hereto and shall be subject to optional redemption at the times and price set forth in Exhibit C attached hereto. In addition, in connection with the issuance of the Bonds, Financial Guaranty Insurance Company ("FGIC") will issue a municipal bond insurance policy (the "Insurance Policy") insuring payment of the Bonds, dated the day of the Closing. 3. cerin . The Underwriters intends intend to make an offering of all of the Bonds at not in excess of the offering price (or yield) set forth on the cover page of the Official Statement referred to in Section 4 hereof. The Underwriters, however, ftwryes reserve the right to change such offering price (or yield) as the Underwriters shall deem necessary in connection with the marketing of the Bonds at any time. C117=,A- Ili i n i + i, KID -773 11-7777-, VM (a) Prior to the date hereof, you have provided to the Underwriters for its their review the Preliminary Official Statement dated March 6, 1996, that you deemed final as of its date (the "Nearly Final Official Statement"), except for certain permitted omissions (the "permitted omissions"), as contemplated by Rule 15c2-12 of the Securities and Exchange Commission ("Rule 15c2-12" or the "Rule") in connection with the pricing of the Bonds. The Underwriters hes have reviewed the Nearly Final Official Statement prior to the execution of this Purchase Contract. (b) The Issuer shall deliver, or cause to be delivered, at its expense to the Underwriters within seven (7) business days after the date hereof or within such shorter period as may be requested by the Underwriters in order to accompany any confirmation that requests payment from any customer, sufficient copies of the Official Statement dated the date hereof, with respect to the bonds (the "Official Statement"), to enable the Underwriters to fulfill its their obligations pursuant to the securities laws of Florida and the United States, in form and substance satisfactory to the Underwriters and (ii) an executed original counterpart or certified copy of the Official Statement and the Resolution. In determining whether the number of copies to be delivered by the Issuer are reasonably necessary, at a minimum the number shall be sufficient to enable the Underwriters to comply with the requirements of Rule 15c2-12, all applicable rules of the Municipal Securities Rulemaking Board ("MSRB") and to fulfill its their duties and responsibilities under Florida and federal securities laws generally. The Underwriters agrees agree to file the Official Statement with each Nationally Recognized Municipal Securities Information Repository ("NRMSIR") and Florida Repository, if any, which has been so designated by the Securities and Exchange Commission pursuant to Rule 15c2-12 and with the MSRB (accompanied by a completed Form G-36) not later than two (2) business days after the Closing, and will furnish a list of the names and addresses of each such NRMSIR and Florida Repository, if any, receiving a copy to the Issuer. The filing of the Official Statement with each such NRMSIR and Florida Repository, if any, shall be in accordance with the terms and conditions applicable to such NRMSIR and Florida Repository. The Issuer authorizes the use and distribution of the Official Statement in connection with the public offering and sale of the Bonds. The Underwriters agrees agree that it they will not confirm the sale of any Bonds unless the confirmation of sale requesting payment is accompanied or preceded by the delivery of a copy of the Official Statement. The Underwriters shall notify the Issuer, (i) of the occurrence of the "end of the underwriting period," as such tern is defined in the Rule, on the date which is one day thereafter, and (li) of the passage of the date after which the Underwriters no longer remains obligated to deliver Official Statements pursuant to the Rule on the date which is one day thereafter. (c) From the date hereof until the time when the Official Statement is available to any person from a NRMSIR (but in no case less than 25 days following the end of the underwriting period as determined in accordance with the provisions below), if any event occurs which may make it necessary to amend or supplement the Official Statement in order to make the statements therein, in the light of the circumstances under which they were made, not misleading, the Issuer shall notify the Underwriters and if, in the opinion of the Issuer or the Underwriters, such event requires the preparation and publication of an amendment or supplement to the Official Statement, the Issuer, at its expense, promptly will prepare an appropriate amendment or supplement thereto (and file, or cause to be filed, the same with each NRMSIR having the Official Statement on file, file with the MSRB if the MSRB is requiring or permitting the filing of continuing disclosure information, and mail such amendment or supplement to each record owner of Bonds) so that the statements in the Official Statement as so amended or supplemented will not, in light of the circumstances under which they were made, be misleading, in a form and in a manner approved by the Underwriters. The Issuer will promptly notify the Underwriters of the occurrence of any event of which it has knowledge, which, in its opinion, is an event described in the preceding sentence. The amendments or supplements that may be authorized for use with respect to the Bonds are hereinafter included within the term "Official Statement." (d) Unless otherwise notified in writing by the Underwriters on or prior to the date of the Closing, the Issuer can assume that the "end of the underwriting period" for the Bonds for all purposes of the Rule is the date of the Closing. In the event such notice is given in writing by the Underwriters, which notice shall state whether it relates to the Bonds, the Underwriters agree to notify the Sports Authority in writing following the occurrence of the "end of the underwriting period" as defined in the Rule for the Bonds identified in such notice. The "end of the underwriting period" as used herein shall mean the date of the Closing or such later date as to which notice is given by the Underwriters in accordance with the preceding sentence. S. Good Faith DepWtt. Delivered to the Issuer herewith is a corporate check payable to the order of the Issuer, in the amount of $ (such check or proceeds thereof being hereinafter referred to as the "Good Faith Deposit"). If the Issuer accepts this offer, the Issuer shall hold the check for said Good Faith Deposit uncashed as security for the performance by the Underwriters of its their obligations to accept and pay for the Bonds at the Closing. In the event of the Underwriters' Underwriters' compliance with such obligations, the Issuer shall return such check to the Underwriters at the Closing. In the event the Issuer does not execute this Bond Purchase Contract, the Good Faith Deposit shall be immediately returned to the Underwriters without interest. In the event the Issuer fails to deliver the Bonds at the Closing, or in the event the Issuer is unable to satisfy the conditions of its obligations to the Underwriters as set forth in this Bond Purchase Contract, or in the event such obligations of the Underwriters are terminated for any reason permitted by this Bond Purchase Contract, this Bond Purchase Contract shall terminate, and the Good Faith Deposit, uncashed, shall be immediately returned to the Underwriters without interest. In the event that the Underwriters fails (other than for a reason permitted hereunder) to purchase, accept delivery of and pay for the Bonds at the Closing as herein provided, the Issuer may present said Good Faith Deposit for payment and the amount of the Good Faith Deposit may be retained as full liquidated damages for such failure and for any defaults hereunder on the part of the Underwriters. Such retention shall constitute a full release and discharge of all claims by the Issuer against the Underwriters out of the transactions contemplated hereby. 6. Representations. and Covenants of Issuer. The Issuer hereby represents and covenants with, the Underwriters as follows: (a) The Issuer is and will be at the date of Closing duly organized and validly existing as a nwinieilial emperstien political subdivision of the State of Florida with the powers and authority set forth in Florida Constitution, Chapter 466125, Florida Statutes, as amended, and other applicable provisions of law (collectively, the "Act"). (b) 'fhe Issuer has full legal right, power and authority to: (i) enter into this Bond Purchase Contract (ii) adopt the Resolution, (iii) sell, issue and deliver the Bonds to the Underwriters as provided herein, and (iv) carry out and consummate the transactions contemplated by this Bond Purchase Contract, the Bonds, the Resolution and the Official Statement and any and all other agreements and documents as may be required to be executed and delivered by the Issuer in order to carry out, give effect to and consummate the transactions contemplated hereby, and by the Resolution and the Official Statement. (c) The Issuer has complied and at the Closing will be in compliance with all provisions of the Constitution and laws of the State of Florida including, without limitation, the Act and with its obligations pertaining to and in connection with the issuance and sale of the Bonds. A The information contained in the Official Statement will be true and correct in all material respects and will not contain any untrue statement of a material fact and will not omit to state a material fact that should be stated therein or is necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. The Official Statement in its entirety has been authorized and approved by the Issuer. The Issuer will not amend or supplement the Official Statement without the prior written consent of the Underwriters. For a period of sixty (60) days after the date of the Closing, the Issuer will promptly notify the Underwriters of any material adverse change in its financial condition or legal status or of any other event, which could have a material adverse effect on the Bonds of which it shall become aware. (e) The Issuer has duly adopted the Resolution and has or prior to the date of Closing will have duly authorized all necessary action to be taken by the Issuer for (i) the issuance and sale of the Bonds upon the terms set forth herein, in the Resolution and in the Official Statement; (ii) the use of the Official Statement; (iii) the execution, delivery, receipt and due performance of this Bond Purchase Contract, the Bonds, and any and all such other agreements and documents as may be required to be executed, delivered and received by the Issuer in order to carry out, give effect to and consummate the transactions contemplated hereby, by the Resolution, and the Official Statement; and (iv) the carrying out, giving effect to and consummation of the transactions contemplated hereby and by the Official Statement, and the Resolution. (f) There is no action, suit, proceeding, inquiry or investigation to which the Issuer is a party at law or in equity or before or by any court, public board or body pending or, to the best knowledge of the Issuer, threatened against or affecting the Issuer (or, to the best knowledge of the Issuer, any meritorious basis therefor), where an unfavorable decision, ruling or finding would adversely affect (i) the transactions contemplated hereby or by the Resolution, or the Official Statement or the validity or enforceability of the Bonds, the Resolution, this Bond Purchase Contract or any agreement or instrument to which the Issuer is or is expected to be a party and which is used or contemplated for use in the consummation of the transactions contemplated hereby or by the Resolution, or the Official Statement, (ii) the pledge or lien on the Pledged Funds pursuant to the Resolution or (iii) the exclusion from gross income of interest on the Bonds for federal income tax purposes. (g) The execution and delivery by the Issuer of the Official Statement, the Bonds, this Bond Purchase Contract, and the other agreements contemplated hereby and by the Resolution, or the Official Statement, and compliance with the provisions thereof, will not conflict with or constitute on the Issuer's part a breach of or a default under (i) its Charter or any other governing instruments; (ii) any indenture, mortgage, lease, resolution, ordinance, bond or other agreement or instrument to which the Issuer is a party or by which the Issuer is bound; or (iii) any constitutional provision or statute or any order, rule or regulation of any court or governmental agency or body having jurisdiction over the Issuer or any of its activities or property. All consents, approvals, authorizations and orders of governmental or regulatory authorities, if any, which are required to be obtained by the Issuer in connection with the issuance and sale of the Bonds have been obtained and remain in full force and effect; provided, however, that no representation is hereby made as to compliance with federal or state securities laws. (h) This Bond Purchase Contract , when executed and delivered, and the Resolution when enacted, will constitute valid, legally binding and enforceable special obligations of the Issuer (subject in case of the Bond Purchase Contract and the Resolution to usual equity principles and to any applicable bankruptcy, reorganization, insolvency, moratorium or other laws affecting the enforcement of creditors' rights generally from time to time in effect). The Bonds, when issued, authenticated, delivered and paid for as herein provided, will have been duly authorized, executed, authenticated, issued and delivered in accordance with the terms of the Resolution and will constitute valid and legally binding limited obligations of the Issuer enforceable in accordance with and entitled to the benefits and security of the Resolution (subject to usual equitable principles and any applicable bankruptcy, reorganization, insolvency, moratorium or other laws affecting the enforcement of creditors' rights generally from time to time in effect) and the Resolution will provide, for the benefit and security of the holders from time to time of the Bonds, a legally valid and binding pledge of and the first lien on the Pledged Funds pledged under the Resolution. (i) The Issuer has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that the Issuer is a bond issuer whose arbitrage certifications may not be relied upon. 0) The Issuer agrees to cooperate with the Underwriters in any endeavor to qualify the Bonds for offering and sale under the securities laws of such states or jurisdictions as the Underwriters may request. The Issuer authorizes and consents to the use by the Underwriters of the Official Statement, in obtaining such qualifications; provided, that the Issuer shall not be required (i) to execute a general or special consent to service of process in any jurisdiction where it is not now so subject or (ii) to be qualified to do business in any jurisdiction where it is not now so qualified in connection with any such qualification. (k) The issuance and sale of the Bonds is not subject to any transfer or other documentary stamp taxes of the State of Florida or any political subdivision thereof. (1) Neither the Issuer nor anyone acting on its behalf has, directly or indirectly, offered the Bonds for sale to, or solicited any offer to buy the same from, anyone other than the Underwriters. (m) On or prior to closing the Official Statement as provided above will have been duly authorized, executed and delivered, by the Issuer. (n) Any certificate signed by any of the Issuer's authorized officers and delivered to the Underwriters shall be deemed to be a representation by the Issuer to the Underwriters as to the statements made therein. (o) The Issuer shall take no action between the date hereof and the date of the initial issuance of the Bonds which will cause any of the representations made in this Section 5 to be untrue as of the initial issuance of the Bonds. (p) The Issuer will not take any action or, to the extent the Issuer has control over such action, permit any action to be taken which might result in the loss of the federal tax exempt status of interest on the Bonds. (q) The Issuer is not in default and has not been in default at any time after December 31, 1975, as to principal or interest with respect to any obligation issued by the Issuer, except as disclosed in the Official Statement. (r) The Issuer will furnish such information, execute such instruments and take such other action not inconsistent with law in cooperation with the Underwriters as the Underwriters may reasonably request in order (i) to qualify the Bonds for offer and sale under the Blue Sky or other securities law and regulations of such states and other jurisdictions of the United States as the Underwriters may designate, and (ii) to determine the eligibility of the Bonds for investment under the laws of such states and other jurisdictions, and will use its best efforts to continue such qualifications in effect so long as required for the distribution of the Bonds; provided that the Sperm Acid n* Issuer shall not be obligated to qualify to do business or to take any actions that would subject it to general service of process in any state where it is not now so subject. 7. Disclosure. The Issuer will undertake pursuant to the Resolution sM atmehed hereto as EyAibi! E) that the County has not previously failed to satisfy the terms of a Continuing Disclosure obligation to comply with the Continuing Disclosure Certificate. 8. Oft". At , 1:00 p.m., New York time, on , 1996, or at such other time or at such other date as shall have been mutually agreed upon by the Issuer and the Underwriters, the Issuer will deliver, or cause to be delivered, to the Underwriters the Bonds, in definitive form, duly executed and authenticated, together with the other documents herein required; and the Underwriters will accept such delivery and pay the purchase price of the Bonds by delivering to the Issuer either immediately available funds by wire transfer or a federal funds check payable to the order of the Issuer as required by the Issuer. Such payment and delivery is herein called the "Closing." If at the Closing the Issuer fails to deliver the Bonds to the Underwriters as provided herein, or if at the Closing any of the conditions specified in Section 9 hereof shall not have been fulfilled to the satisfaction of the Underwriters, the Underwriters may elect to be relieved of any further obligations under this Bond Purchase Contract without thereby waiving any other rights the Underwriters may have by reason of such failure or nonfulfillment. Payment for and delivery of the Bonds as aforesaid shall be made at such place or places as shall have been mutually agreed upon by the Issuer and the Underwriters. The Bonds will be delivered at the Closing as definitive fully registered bonds in such authorized denominations and registered in such names as the Underwriters may request in time for their preparation. The Bonds to be delivered at the Closing will be made available to the Underwriters for checking and packaging in New York, New York, not later than the day prior to the Closing. After execution by the Issuer, authentication by the Registrar and Paying Agent and completion of checking and packaging, the Bonds shall be transferred to and held in safe custody by the Underwriters, or its designated agent on behalf of the Issuer; provided, that the Issuer shall receive a receipt of safekeeping from the Underwriters or its designated agent, in form satisfactory to the Issuer. The Issuer shall release or authorize the release of the Bonds at the Closing from safe custody to the Underwriters upon receipt of payment for the Bonds as described above. 9. Conditions to Closing. The Underwriters have entered into this Bond Purchase Contract in reliance upon the representations, warranties and agreements of the Issuer contained herein, and in reliance upon the representations to be contained in the documents and instruments to be delivered at the Closing and upon the performance by the Issuer of its respective obligations hereunder, both as of the date hereof and as of the date of the Closing. Accordingly, the Underwriters's obligations under this Bond Purchase Contract to purchase, to accept delivery of and to pay for the Bonds are conditioned upon the performance by the Issuer of its obligations to be performed hereunder and under such documents and instruments at or prior to the Closing, and are also subject to the following additional conditions: a) The representations of the Issuer contained herein shall be true, complete and correct on the date hereof and on and as of the date of the Closing, as if made on the date of the Closing; (b) At the time of the Closing, the Resolution shall be in full force and effect in accordance with its terns and shall not have been further amended, modified or supplemented, and the Official Statement shall not have been supplemented or amended, except in any such case as may have been agreed to by the Underwriters: (c) At the time of the Closing, all necessary official action of the Issuer and the other parties thereto relating to this Bond Purchase Contract, the Official Statement and the Bonds shall be in full force and effect in accordance with their respective terms and shall not have been amended, modified or supplemented in any material respect, except in each case as may have been agreed to by the Underwriters; and (d) At or prior to the Closing, the Underwriters shall have received copies of each of the following documents: (1) The Official Statement and each supplement or amendment, if any, thereto, executed on behalf of the Issuer by its Chairman of the County Commission ("Chairman") and the County Administrator. (2) The Resolution certified by the County Clerk under seal as having been duly adopted and as being in effect, with such supplements or amendments as may have been agreed to by the Underwriters. (3) The opinion of Bond Counsel addressed to the Issuer, dated the date of Closing, in form and substance acceptable to the Underwriters that under existing law, regulations, judicial decisions and rulings, the interest on the Bonds is excluded from gross income for federal income tax purposes and does not constitute an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations, accompanied by a supplementary opinion, dated the date of Closing and addressed to the Underwriters, substantially to the effect that: (a) the Underwriters may rely upon the opinion of Bond Counsel as if it were addressed to the Underwriters; (b) this Bond Purelmse Ganirae! mW die BerAs, have been duly sudierized, eneeeied mW deli�eied by !he 199tter wit! eamikute Yelid, binding and enfereenbleagreements eF die Issuer in limited by bettkmptey, imeheney er other laws aFfeetin, creditors' riblits generally and eensidered in a preeeedinj in equity or at low) and are enfifled !a the benefits eF die Simemenl;—(d) the information in the Official Statement under the headings "DESCRIPTION OF THE SERIES 1996 BONDS", "SECURITY AND SOURCES OF PAYMENT", "TAX EXEMPTION", " FheRIBA " " are correct statements or summaries of the matters set forth therein end -fairly -present -the • and (c) the Bonds are exempt from registration pursuant to the Securities Act of 1933, as amended, and the Resolution is exempt from qui tetttiens qualification pursuant to the Trust Indenture Act of 1939, as amended; (4) An opinion, dated the date of the Closing and addressed to the Underwriters, of the County Attorney of the Issuer to the effect that (i) the Issuer is a political subdivision, duly organized and validly existing under the laws of the State of Florida; (ii) the Issuer has full legal right, power and authority to enter into this Bond Purchase Contract, to adopt the Resolution, to sell, issue and deliver the Bonds as provided in this Bond Purchase Contract and to carry out and consummate the transactions contemplated by this Bond Purchase Contract, the Bonds, the Resolution, and the Official Statement; (iii) this Bond Purchase Contract has been duly authorized, executed, and delivered by the Issuer and constitutes a valid, binding and enforceable agreement of the Issuer in accordance with its terms except to the extent that the enforceability of the rights and remedies set forth herein may be limited by bankruptcy, insolvency or other laws affecting creditors' rights generally or general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law); (iv) the Issuer has duly authorized, executed, and delivered the Official Statement and has duly authorized the distribution of the Official Statement; (v) the information in the Official Statement as to legal matters (excluding tax treatment of interest on the Bonds,-Blue-Sky and financial and statistical information, as to which such counsel need not opine) relating to the Issuer, the Act, the Bonds and the Resolution, is correct in all material respects, as to matters of law and facts relating thereto, and does not omit any statement, as to matters of law and facts relating thereto, which, in his opinion, should be included or referred to therein, and, in addition, such counsel shall state that, based upon her participation in the preparation of the Official Statement as County Attorney to the Issuer and without having undertaken to determine independently the accuracy, completeness or fairness of the statements contained in the Official Statement (except to the extent expressly set forth in this subparagraph (vi)), as of the date of the Closing nothing has come to his attention causing him to believe that (A) the Official Statement as of its date contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading (except for the financial and statistical information contained in the Official Statement as to all of which no view need be expressed), or (B) the Official Statement (as supplemented and amended in accordance herewith, if applicable) as of the date of the Closing contains any untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading (except as aforesaid); (vii) the Issuer is not in material breach of or material default under any applicable constitutional provision, law or administrative regulation of the State or the United States or any applicable judgment or decree, applicable to it and-by which it may be obligated, or any loan agreement, indenture, bond, note, ordinance, resolution, material agreement or other material instrument to which the Issuer is a party or to which the Issuer or any of its property or assets is otherwise subject, applicable to it and by which it may be obligated, and no event has occurred and is continuing which with the passage of time or the giving of notice, or both, would constitute a default or event of default under any such instrument, except in each case as disclosed in the Official Statement; and the execution and delivery of the Bonds, this Bond Purchase Contract and the adoption of the Resolution and compliance with the provisions on the Issuer's part contained therein, will not conflict with or constitute a breach of or default under any constitutional provision, law, administrative regulation, judgment, decree, loan agreement, indenture, bond, note, ordinance, resolution, agreement or other instrument to which the Issuer is a party or to which the Issuer or any of its property or assets is otherwise subject, nor will any such execution, delivery, adoption or compliance result in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any of the property or assets of the Issuer or under the terms of any such law, regulation or instrument, except as expressly provided by the Bonds and the Resolution; (viii) the Issuer has the right and power under the Act to adopt the Resolution and the Resolution has been duly and lawfully adopted by the Issuer, is in full force and effect and constitutes the legal, valid and binding special obligation of the Issuer, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency and similar laws affecting creditors' rights generally and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law), and no other authorization is required; the Bonds are valid and binding special obligations of the Issuer, enforceable in accordance with their terms and the terms of the Resolution, subject to applicable bankruptcy, insolvency and similar laws affecting creditors' rights generally and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law) and are entitled to the benefits of the Resolution and the Act; (ix) there is no action, suit, proceeding, inquiry or investigation to which the Issuer is a party at law or in equity before or by any court, government agency, public board or body, pending or, to the best of his knowledge, threatened against or affecting the Issuer, nor, to the best of her knowledge, is there any basis for any such action, suit, proceeding, inquiry or investigation, wherein an unfavor- able decision, ruling or finding would have a materially adverse effect upon the transactions contemplated by the Official Statement, the validity of the Bonds, the Resolution, or this Bond Purchase Contract, except as described in the Official Statement; (x) all authorizations, consents, approvals and reviews of governmental bodies or regulatory authorities then required for the Issuer's, adoption execution or performance of the Bonds, the Resolution, and this Bond Purchase Contract have been obtained or effected; and, in addition, she shall give her opinion to the same effect set forth under the caption "Litigation" in the Official Statement; (5) An opinion of general counsel of Financial Guaranty Insurance Company, dated the date of Closing and addressed to the Underwriters, in form and substance satisfactory to the Underwriters, to the effect that: (i) the Insurer is duly qualified to do business in the State of Florida, (ii) the Insurer has full corporate power and authority to execute and deliver the insurance policy for the Bonds (the "Policy") and the Policy has been duly authorized, executed and delivered by the Insurer and constitutes a legal, valid and binding obligation of the Insurer enforceable in accordance with its terns, and (iii) the information contained in the Official Statement under the heading "Municipal Bond Insurance" is true and correct in all material respects and does not omit any statement which in his opinion should be stated therein in order to make the statements made therein in light of the circumstances in which made, not misleading, (6) An opinion, dated the Date of Closing and addressed to the Issuer and the Underwriters; (or by providing a Reliance Letter stating the Underwriters can rely on the opinion addressed to the Issuer as if it was addressed to the Underwriters) of Bryant, Miller & Olive, P.A., , to the effee! OW the Bonds are no! su�eet to !he registration requiremetim of the Seetiriiies Ae! of 1933, as emetiiled-awl based upon their review of the Official Statement as Disclosure Counsel and without having undertaken to determine independently the accuracy, completeness, or fairness of the statements contained in the Official Statement, as of the date of Closing nothing has come to the attention of such counsel causing them to believe that (A) the Official Statement as of its date contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were trade, not misleading (except for the financial and statistical information contained in the Official Statement as to which no view need be expressed), or (B) the Official Statement (as supplemented or amended pursuant to Subsection (m) of Section 5 hereof, if applicable) as of the date of Closing contained any untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances in which they were made, not misleading (except as aforesaid); (7) A certificate of the Issuer dated the date of the Closing signed by its Chairman and County Administrator, in form and substance satisfactory to the Underwriters, to the effect that (i) the representations of the Issuer contained herein are true and correct in all material respects as of the date of Closing, as if made on the date of Closing; (ii) the Issuer has performed all obligations to be performed hereunder as of the date of Closing; (iii) the Bond Purchase Contract has been duly authorized, executed and delivered by the Issuer and constitute a valid, binding and enforceable agreement of the Issuer in accordance with their terms; (iv) the Resolution has been duly and lawfully adopted by the Issuer, is in full force and effect, has not been modified, amended or repealed and constitutes a legal, valid and binding special obligation of the Issuer, enforceable in accordance with its terms subject to applicable bankruptcy, insolvency and similar laws affecting creditors' rights generally; (v) the Bonds have been duly authorized, executed and delivered by the Issuer and constitute valid and binding special obligations of the Issuer, enforceable in accordance with their terms and the terms of the Resolution subject to applicable bankruptcy, insolvency, and similar laws affecting creditors' rights generally, are entitled to the benefits and security of the Resolution and the Act and are payable from and secured by the Pledged Funds; (vi) except as disclosed in the Official Statement no litigation is pending or threatened (A) to restrain or enjoin the issuance or delivery of the Bonds, (B) in any way contesting or affecting any authority for the issuance of the Bonds or the validity of the Bonds, the Resolution, or this Bond Purchase Contract, (C) in any way contesting the corporate existence or powers of the Issuer, (D) which may result in any material adverse change in the business, properties, assets or financial condition of the Issuer, or (F) asserting that the Official Statement contains any untrue statement of a material fact or omits to state any material fact necessary to make the statements therein, in light of the circumstances under which they were made not misleading; (vii) since September 30, 1995, no material and adverse change has occurred In the financial position of the Issuer except as set forth in or contemplated by the Official Statement; and (viii) the Nearly Final Official Statement did not, as of its date, and the Official Statement did not as of its date, and does not as of the date of Closing 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 the Official Statement is to be used, or which is necessary in order to make the statements contained therein, in light of the circumstances in which they were made, not misleading; (8) Three (3) copies of the Official Statement executed on behalf of the Issuer by its Chairman and County Administrator. (9) An insurance policy of the Insurer, insuring payment when due, of all regularly scheduled payments of principal of and interest on the Bonds of the ("the "Insurance Policy") Insurer all as contemplated by the Official Statement; (10) Evidence that Moody's Investors Service has issued a Aaa rating for the Bonds, that Standard & Poor's Corporation has issued a AAA rating for the Bonds, and that such ratings are in full force and effect as of the date of Closing; (11) A certificate executed by the appropriate officer of the Issuer, dated the date of Closing, satisfactory to Bond Counsel setting forth the facts, estimates and circumstances which establish that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be "arbitrage bonds" within the meaning 10 of the Internal Revenue Code of 1986, as amended, and to the best of the knowledge and belief of such officer, such expectations are reasonable; (12) Such additional legal opinions, certificates, proceedings, instruments and other documents as the UWerwdters, Disclosure Counsel or Bond Counsel may reasonably request to evidence compliance by the Issuer with legal requirements, the truth and accuracy, as of the time of Closing, of the respective representations of the Issuer herein contained and the due performance or satisfaction by the Issuer at or prior to such time of all agreements or undertakings then required to be satisfied by the Issuer. (13) Evidence that The Chase Manhattan Bank, N.A., New York, New York, has been approved by the Issuer as Paying Agent. (14) A Certificate of the Issuer signed by the Administrator and the Utilities Director stating that (i) the Underwriters can rely on the information in the Official Statement under the headings "THE SYSTEM" and 'SERIES 1996 PROJECT" as a true, reasonable, and accurate summary of the Master Water & Wastewater Plan and (H) the projects being funded with the proceeds of the Series 1996 Bonds are necessary and accomplish the objectives of the Master Water & Sewer Plan. The Certificate will further provide a statement to the effect that: (a) The System is generally in good condition and has been operated and maintained in accordance with standard utility industry practices, and provides good, reliable and cost-effective water and sewer service to the customers of the System; (b) The System is operated in substantial compliance with current Federal, State and Local requirements. All regulatory permits necessary for the operation of a public municipal water and sewer system are current and in good standing; (c) The Project is necessary. The proposed capital improvements are technically sound and conform to proven and industry accepted engineering practice. The Project will provide for water and sewer system improvements and expansion to meet Federal, State and Local regulatory requirements and projected growth -related water demands for a _ year period; (d) The proposed capital improvements are or shall be designed in accordance with accepted engineering standards using proven conventional technology. (e) The City's existing management and professional staff are well qualified and certified to manage, operate, and maintain the System; (f) It is reasonable to assume that all required regulatory permits and/or governmental approvals will be obtained in a timely manner for regulatory compliance and will be obtained prior to construction of the proposed capital improvements and all necessary operating permits will be obtained for the completed capital improvements; (g) No material changes have occurred in the capital improvement program which will have a negative impact on the cost estimate for successful completion of the Project: (h) Proceeds from the Series 1996 Bonds will be sufficient for design, construction and implementation of the Project; (i) The useful life of the Project is in excess of the average weighted average life of the Series 1996 Bonds. All the opinions, letters, certificates, instruments and other documents mentioned above or elsewhere in this Bond Purchase Contract shall be deemed to be in compliance with the provisions hereof only if they are in a form and substance satisfactory to the Underwriters. 10. Underwriters's Right to Cancel. The Underwriters shall have the right to cancel its obligations to purchase and accept delivery of the Bonds hereunder by notifying the Issuer, in writing or by -telegram via telecopy, of its election to do so between the date hereof and the Closing if prior to the Closing: (a) legislation shall be enacted by the Congress, or recommended to the Congress for passage by the President of the United States, or favorably reported for passage to either chamber of the Congress by a committee of such chamber to which such legislation has been referred for consideration, a decision by a court of the United States or the United States Tax Court shall be rendered, or a ruling, regulation or official statement (including a press release) by or on behalf of the Treasury Department of the United States, the Internal Revenue Service or other governmental agency shall be made or proposed to be made with respect to federal taxation upon revenues or other income of the general character to be derived by the Issuer or by any similar body, or upon interest on obligations of the general character of the Bonds, or other action or events shall have transpired which have the purpose or effect, directly or indirectly, of changing the federal income tax consequences of any of the transactions contemplated in connection herewith, which, in the reasonable opinion of the Underwriters and the financial advisor to the Issuer, materially and adversely affects the market price of the Bonds or the market price generally of obligations of the general character of the Bonds; or (b) any legislation, ordinance or regulation shall be enacted or be actively considered for enactment by any governmental body, department or agency of the State of Florida having jurisdiction of the subject matter, or a decision by any court of competent jurisdiction within the State of Florida shall be rendered which, in the reasonable opinion of the Underwriters and Financial Advisor to the Underwriters, materially and adversely affects the market price of the Bonds; or (c) a stop order, ruling, regulation or official statement by or on behalf of the Securities and Exchange Commission shall be issued or made to the effect that the issuance, offering or sale of the Bonds, or of obligations of the general character of the Bonds as contemplated hereby, is subject to registration or qualification under the Securities Act of 1933, as amended, or the Trust Indenture Act of 1939, as amended, or is in violation of any provision of either of such acts or the Securities Exchange Act of 1934, as amended; or (d) any event shall have occurred or shall exist which, in the reasonable opinion of the Underwriters, either (i) makes untrue or incorrect in any material respect any statement or information contained in the Official Statement, or (ii) is not reflected in the Official Statement and should be reflected therein in order to make the statements and information contained therein not misleading in any material respect; or a (e) any amendment to the Official Statement is proposed by the Issuer or deemed necessary by Bond Counsel or Disclosure Counsel pursuant to Section 4(c) hereof which, in the opinion of the Underwriters and the financial advisor to the Insurer Issuer, materially adversely affects the market for the Bonds or the sale, at the contemplated offering prices, by the Underwriters of the Bonds to be purchased by them. (f) there shall have occurred any outbreak or escalation of hostilities or other national or international calamity or crisis or a financial crisis, the effect of such outbreak, calamity or crisis on the financial markets of the United States being such as, in the reasonable opinion of the Underwriters, would affect materially and adversely the ability of the Underwriters and the financial advisor to the Issuer to market the Bonds; or (g) trading shall be suspended, or new or additional trading or loan restrictions shall be imposed by the New York Stock Exchange or other national securities exchange or governmental authority with respect to obligations of the general character of the Bonds or a general banking moratorium shall be declared by federal, Florida or New York authorities; (h) any litigation shall be instituted, pending or threatened to restrain or enjoin the issuance or sale of the Bonds or in any way protesting or affecting any authority for or the validity of the Bonds, the Resolution, the Insurance Policy, this Bond Purchase Contract or the existence or powers of the Issuer; or (i) there shall have occurred a default with respect to the debt obligations of, or the institution of proceedings under any federal bankruptcy laws by or against, any state of the United States or any city located in the United States having a population of over 500,000, the effect of which, in the opinion of the Underwriters and the financial advisor to the Issuer, would materially and adversely affect the ability of the Underwriters to market the Bonds; or 0) any rating of the Bonds shall have been downgraded or withdrawn by a national rating service, which materially adversely affects the market for the Bonds or the sale, at the contemplated offering prices, by the Underwriters of the Bonds to be purchased by them; or any proceeding shall be pending or threatened by the Securities and Exchange Commission against the Issuer; or (k) the Insurer shall inform the Issuer or the Underwriters that it will not insure payment of the principal of or interest on the Bonds as described in the Official Statement. 11. Failure to Satisfy Conditions• Waiver of Conditions. If the Issuer shall be unable to satisfy the conditions to the obligations of the Underwriters contained in this Bond Purchase Contract, or if the obligations of the Underwriters to purchase and accept delivery of the Bonds shall be terminated for any reason permitted by this Bond Purchase Contract, this Bond Purchase Contract shall terminate and neither the Underwriters nor the Issuer shall be under further obligation hereunder. The Underwriters may, in its discretion, waive any one or more of the conditions imposed by this Bond Purchase Contract for the protection of the Underwriters and proceed with the Closing. 12. NgWicadon by Issuer. During the offering period or for a period of not exceeding sixty (60) days after the Closing, the Issuer will (a) not adopt any amendment of or supplement to the Official Statement to which after having been furnished with a copy, the Underwriters or its counsel shall reasonably object in writing and (b) notify the Underwriters of any matter which shall cause the Official Statement to contain any untrue statement of a material fact or omit to state a material fact that should be stated therein or that is necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. 13. Survival of Representations. and A91MUM U. All representations and agreements of the Issuer set forth in or made pursuant to this Bond Purchase Contract shall remain operative and in full force and effect, regardless of any investigations made by or on behalf of the Underwriters and shall survive the delivery of and payment for the Bonds. 14. EIU= . (a) The Underwriters shall be under no obligation to pay, and the Issuer shall pay, any expense incident to the performance of the Issuer's obligations hereunder including, but not limited to: (i) the cost of preparation, printing, delivery and distribution of the Resolution and the Official Statement; (ii) the cost of preparation and printing of the Bonds; (iii) the fees and disbursements of Bond Counsel and Disclosure Counsel, and, if any, of the County Attorney to the Issuer, (iv) the fees and disbursements of Berger, Harris, Toombs, Elam & McAlpin, Vero Beach, Florida for their services as certified public accountant for the Issuer; (v) the fees and disbursements of any other accountants, and other experts, consultants or advisors retained by the Issuer; (vi) fees for bond ratings; (vii) bond insurance premiums; and any other fees or costs in connection with the issuance of the Bonds which have been authorized or are otherwise customarily and reasonably attributable to the Issuer, except as provided in (b) below. (b) The Underwriters shall pay, (i) the cost of preparation of this Bond Purchase Contract; (ii) all advertising expenses and Blue Sky filing fees in connection with the public offering of the Bonds; and (iii) all other expenses incurred by them or any of them in connection with the public offering of the Bonds. 15. Successors & A&*u. This Bond Purchase Contract shall inure to the benefit of and be binding upon the Issuer and the Underwriters and their respective successors. Nothing herein is intended or shall be construed to give any person, firm or corporation, other than the parties hereto and their respective successors and assigns, any legal or equitable right, remedy or claim under or in respect of this Bond Purchase Contract or any provisions herein contained. This Bond Purchase Contract and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the parties hereto and their respective successors and assigns, and for the benefit of no other person, firm or a corporation. No Underwriters of the Bonds from any of the Underwriters or other persons or entity shall be deemed to be a successor merely by reason of such purchase. 16. Notices. Any notice or other communication to be given to the Issuer under this Bond Purchase Contract may be given by delivering the same in writing at the address set forth above, and any notice or other communication to be given to the Underwriters under this Bond Purchase Contract may be given by delivering the same in writing to William R. Hough & Co., 100 Second Avenue South, Suite 800, St. Petersburg, Florida 33701, Attention: Edwin M. Bulleit. 17. Governing Law and Venues. This Bond Purchase Contract shall be governed by and construed in accordance with the laws of the State of Florida. The venue for the purpose of litigation shall be in indim Rive. Pinellas County, Florida. 18. Effective nate. This Bond Purchase Contract shall become effective upon your mutual acceptance hereof. 19. CMMUDUU, This Bond Purchase Contract may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute one and the same document. 20• LICAQW. The headings of the sections of this Bond Purchase Contract are inserted for convenience only and shall not be deemed to be a part hereof. 14 Very truly yours, WILLIAM R. HOUGH & CO. SMITH BARNEY INC. By: Senior Vice President Accepted and agreed to as of the date first above written INDIAN RIVER COUNTY, FLORIDA By: Chairman (SEAL) Attest: Title: _Counly Clerk EXHIBIT A $43,000,000 INDIAN RIVER COUNTY, FLORIDA WATER AND SEWER REVENUE BONDS, SERIES 1996 DISCLOSURE STATEMENT County Commission of the Indian River County Indian River, Florida Ladies and Gentlemen: In connection with the proposed issuance by the Indian River County, Florida (the "Issuer") of $ ,000 principal amount of the issue of bonds referred to above (the "Bonds"), William R. Hough & Co. and Smith Barney, Inc. (the "Underwriters"), are underwriting a public offering of the Bonds. Arrangements for underwriting the Bonds will include a Bond Purchase Contract between the Issuer and the Underwriters. The purpose of this letter is to furnish, pursuant to the provisions of Section 218.385(6), Florida Statutes, as amended, certain information in respect to the arrangement contemplated for the underwriting of the Bonds as follows: (a) The nature and estimated amount of expenses to be incurred by the Underwriters and paid by the Underwriters in connection with the purchase and reoffering of the Bonds are set forth on Schedule I attached hereto. (b) No person has entered into an understanding with the Underwriters, or to the knowledge of the Underwriters, with the Issuer for any paid or promised compensation or valuable consideration, directly or indirectly, expressly or implied, to act solely as an intermediary between the Issuer and the Underwriters or to exercise or attempt to exercise any influence to effect any transaction in the purchase of the Bonds. (c) The amount of underwriting spread, including the management fee, expected to be realized is as follows: Per $1,000 Bod Takedown $ Underwriters' Expenses y Total Underwriting Spread $. (d) No other fee, bonus or other compensation is estimated to be paid by the Underwriters in connection with the issuance of the Bonds to any person not regularly employed or retained by the Underwriters (including any "finder", as defined in Section 218.386(1)(a), Florida Statutes ), except as specifically enumerated as expenses to be incurred and paid by the Underwriters, as set forth in Schedule I attached hereto. (e) The name and address of the Underwriters is set forth below: William R. Hough & Co. Smith Barney Inc. 100 Second Avenue South, Suite 800 625 N. Flagler Dr., 8th Floor St. Petersburg, Florida 33701 West Palm Beach, Florida 33401 (f) The Issuer is proposing to issue $ of debt or obligations for the purpose of financing the cost of certain improvements and additions to the Water and Sewer System. This debt or obligation is expected to be repaid over a period of 30 years. At a forecasted true interest cost rate of _ %, total interest paid over the life of the debt or obligation will be $ (g) The source of repayment or security for the proposed obligations is the Pledged Funds (as defused in the Resolution). Authorizing this debt or obligation will not result in any material adverse change in the amount of Issuer moneys available to finance the other services of the Issuer during the time the proposed obligations will be outstanding. We understand that you do not require any further disclosure from the Underwriters, pursuant to Section 218.385(6), Florida Statutes,. Very truly yours, WILLIAM R. HOUGH & CO. By: Senior Vice President SCHEDULE I Underwriters' Discount Per Bond Management Fee $ Average Takedown Underwriting Risk Expenses: PSA/CUSIP Fed Funds/Day Loan Travel, Misc., Communication Clearance Total Expenses TOTAL DISCOUNT S EXHIBIT B MATURITIES, PRINCIPAL AMOUNTS, INTEREST RATES AND PRICES OR YIELDS+ $ Serial Bonds Maturity (September 1) Principal Amount Interest Rate Yield Price 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 $ , _ %. Term Bond due September 1, _, Price % $ , _%. Term Bond due September 1, _, Price Term Bond due September 1, _, Price % (plus accrued interest from March 1, 1996) EXHIBIT C REDEMPTION PROVISIONS Optional Redemption. The 1996 Bonds maturing prior to September 1, _, shall not be subject to redemption prior to their respective dates of maturity. The 1996 Bonds stated to mature on or after September 1, _ are subject to redemption prior to their stated dates of maturity, at the option of the County in whole or from time to time in part on September 1, , or on any date thereafter, at the respective redemption price (expressed as a percentage of the principal amount thereof as set forth in the table below) plus accrued interest to the redemption date. Redemption Period (Both Dates Inclusive) Redemption Price September 1, through August 31, _ _% September 1, through August 31, _ _% September 1, _ and thereafter _% If fewer than all of the Series 1996 Benda re Bonds are to be so redeemed, the County may select the maturity or maturities to be redeemed. If fewer than all of the Series 1996 Bonds of any particular maturity are to be redeemed, the Bond Registrar will select by lot the particular Series 1996 Bonds or portions of Series 1996 Bonds of such maturity to be redeemed. The portion of any Series 1996 Bond of a denomination of more than $5,000 to be redeemed will be in the principal amount of $5,000 or an integral multiple of that sum. Mandatory Redemption. The 1996 Bonds in pan maturing on September 1, _ are subject to mandatory redemption prior to maturity in pan (including portions of Bonds), at a price equal to 100% of the principal amount thereof, plus interest accrued thereon on September 1 in the years and amounts set forth below: Xyl: Principal Amount The 1996 Bonds in part maturing on September 1, _ are subject to mandatory redemption prior to maturity in part (including portions of Bonds), at a price equal to 100% of the principal amount thereof, plus interest accrued thereon on September 1 in the years and amounts set forth below: X= Principal Amount The 1996 Bonds in part maturing on September 1, _ are subject to mandatory redemption prior to maturity in part (including portions of Bonds), at a price equal to 100% of the principal amount thereof, plus interest accrued thereon on September 1 in the years and amounts set forth below: XCU Principal Amount The County may apply moneys in the Bond Amortization Account to the purchase of Series 1996 Bonds subject to mandatory redemption (the "Series 1996 Term Bonds") at prices not greater than par plus accrued interest and apply the principal amount of any Series 1996 Term bond,; so purchased as a credit against and in fulfillment of amortization installments required on the Series 1996 Term Bonds of the same maturity. If the County shall purchase or call for redemption in any year Series 1996 Term Bonds in excess of the amortization installment requirement for such year, such excess of Series 1996 Term Bonds so purchased or redeemed shall be eredtied credited against subsequent mandatory redemption of the Series 1996 Bonds at such times and amounts as the County may direct. To the extent the County's obligation to make installments in a particular year is fulfilled through such purchases, the likelihood of redemption through such installments of any Registered Owner's Series 1996 Bonds of the maturity so purchased will be reduced for such year. HydillffiT B G()N: nNui?4n r 116G1 9SURE eERTt reATE �ro�r.�D QlrL C r CIRR"L' Gafflir4 an diskette from HMO C.'"R'I'1')< R E SUMMARY OF GONTWNG DIGG1 96URE GE �TiL� IG TE � O�DlI�CD VO�TlrCCGic'1"!i"!C}'lTl' Benefleial Owners of the Bends 9efiinkiens the-felElewing nieQ�ngs► n n and in erder !a assist the PaiNeipating Undef writers in eenVlying with , fer to dispage fdireedy er inditeetly, @F ownetship of-, nominees, n , or (b) as iresied as !he owner ef any Bends fer4edereln n n n with shp RINIP *N n n "RUle" ean any of the erigijaj underwriteis @F the Bends required-w-eentloy "State" AM! »Sto men the State of Florida. » (a) The lostier eenvnenelr4 Amm' Report that the emdited Anottal Repert available by (b) Ne! later to the 19issentinmien and dte Boole (e) Re 9-isseminfian sheil or she!! eause the Disserninatien itme 1, 1997 with the repart for the 1995 whieh is eamisien! with the requirements fimneial statements of the issuer may and later then the date required above the Doe. if the isatter's fi9ft! year ehanges, t�m fifteen (i5) Bushm Days pier te Agent (if ether hlmn the 199tter). Repasitery, if any, in substantially the Agent sh&H- Agent te, not later them 1 OF .-Sell )eel. 1996 Hiseal Year, previde ie eeeh Repeskery-th ef Seetion 4 of this Disclosure Gertifiest&.-The be submitied SeForitiely frentih&4*Mne&-eF-the for dte filing eF ibe Ardittal Repert if they are no it sheH give notiee eF stieh change in the twm said ditie, the issuer she!! provide the Ammal Report if the issuer is timble !a provide le the Repesi tat ies form susehed as 69thibi! Ar (i) determine (H) if the emd lisfin 1. Re atidiied fiml Offieiel Amml Repert eseh year prier ie the doe for praviding Disseinimfien kSew is other then the issuer, all the Repasheries is whieh ii wag provided. fineneial statements of the issuer for Stmement, and the audited firaneial statements when they become available. the Ammal Repert !he nitme and address of eneh File a repert with the issuer eeptifying th dte prier fiseal year, prepared in eeeardenee with !hall be filed 'n the some mantier as ihe the headings, vaiwm »Witer and Sewer »» Indian »» River eetinty DeFf"ne"! Of Utility Semiees4HO 2. non 3. Madifiesfiens S. defemme. 6. refine-ehnge3- payment related defaults. to PiShis of Bondholders. . submitefien 11. release, " FOSSible RPF'iesbie deseribed of the efedi! er liquidity substitution or sale ef FfCPerlY determine of sueh eyent would federal mcurkies laws, the h submefiera (ft)(4) and (5) .myiders or their failure ie perferin. Bends.10. seettrin, repsymen! of the be rnmerial tinder RPFI*ettble federal seeurifies laws. 199tter she!! FreMlItlY File a nefiee of stieh oeetirrenee widt need no! begiven under !his subseetion enlo earlier ftn dte netiee seetien-s(f). Amendment, Netwidwmift Waiyw my adher provision eF this Diselestire eerimfiesie, the issuer may amend this Diselesure 5(s),' 40 This redlined draft, generated by CompareRite - The Instant Redliner, shows the differences between - original document : H:\PF\AGREEMEN\INDRVR96.WS and revised document: H:\PF\AGREEMEN\IND-RVR\96-WS,BPA CompareRite found 54 change(s) in the text CompareRite found 0 change(s) in the notes Deletions appear as struck -through text Additions appear as "redlined" text ./ EXHIBIT B COMMENT FOR IWNICIPAL BOND INSMUNCE AM DEBT SERVICE RESERVE FUND POLICY FimuivialOnmutt hwirmur �:,,,,,,,�,, FGIC. 115 Brt III11way Vw Turk. X1 10N) (212):112-3UH) (R(N)) :1-52401 AGECapitalCawny Commitment For Mmiicipal Bond hisurancc Issuer: Indian River County, Florida Bonds Insured: Water and Sewer Revenue Bonds, Series 1996, and and any future bonds on parity therewith issued under the Resolution, as amended and supplemented, if secured by the common debt service reserve fund Date of Commitment: March 4, 1996 Expiration Date: May 4, 1996* Premium: 1.80% of Maximum Amount of Policy Maximum Amount: The Reserve Account requirement for the Series 1996 Bonds, and the outstanding parity bonds. FINANCIAL GUARANTY INSURANCE COMPANY ("Financial Guaranty") A Stock Insurance Company hereby commits to issue a Municipal Bond Debt Service Reserve Fund Policy (the "Reserve Policy"), in the form attached hereto as Exhibit A, relating to the above-described debt obligations (the "Bonds"), subject to the terms and conditions contained herein or added hereto. To keep this Commitment in effect after the expiration date set forth above, a request for renewal must be submitted to Financial Guaranty prior to such expiration date. Financial Guaranty reserves the right to refuse wholly or in part to grant a renewal. Subject to written acceptance of this Commitment being furnished to Financial Guaranty not later than March 11, 1996. Page 1 of 5 Financial 0wranty In.urmur Conyuay THE MUNICIPAL BOND DEBT SERVICE RESERVE FUND POLICY SHALL BE ISSUED IF THE FOLLOWING CONDITIONS ARE SATISFIED: 1. The documents to be executed and delivered in connection with the issuance and sale of the Series 1996 Bonds shall not contain any untrue or misleading statement of a material fact and shall not fail to state a material fact necessary in order to make the information contained therein not misleading. 2. No event shall occur which would permit any purchaser of the Series 1996 Bonds, otherwise required, not to be required to purchase the Bonds on the date scheduled for the issuance and delivery thereof. 3. There shall be no material change in or affecting the Series 1996 Bonds (including, without limitation, the security for the Series 1996 Bonds) or the financing documents or the official statement (or any similar disclosure documents) to be executed and delivered in connection with the issuance and sale of the Bonds from the descriptions or forms thereof approved by Financial Guaranty. 4. The Series 1996 Bonds shall contain no reference to Financial Guaranty, the Reserve Policy or the reserve fund insurance evidenced thereby except as may be approved by Financial Guaranty. 5. Financial Guaranty shall be provided with: (a) Executed copies of all financing documents, the official statement (or any similar disclosure document), and all Series 1996 Bond documentation evidencing the Issuer's ability and intent to comply with the Internal Revenue Code of 1986, as amended (if in the opinion of bond counsel (described below, as amended) on-going compliance would be necessary to maintain the exemption from federal income taxation of interest on the Bonds), which shall be in form and substance acceptable to Financial Guaranty, and the various legal opinions delivered in connection with the issuance and sale of the Bonds, including, without limitation, the unqualified approving opinion of bond counsel rendered by a law firm acceptable to Financial Guaranty, which opinion shall include a statement to the effect that the interest on the Bonds is excludable from gross income for federal income tax purposes under the Internal Revenue Code of 1986, as amended. Pane 2 .)f 5 Financial Guarana• Insurmirr Cutupauc (b) A letter from bond counsel addressed to Financial Guaranty to the effect that Financial Guaranty may rely on the approving opinion of bond counsel as if such opinion were addressed to Financial Guaranty. (c) An opinion of bond counsel, addressed to and in form and substance satisfactory to Financial Guaranty, as to the due authorization, validity and enforceability of the Resolution, as amended and supplemented. (d) Evidence of wire transfer in Federal funds in an amount equal to the insurance premium, unless alternative arrangements for the payment of such amount acceptable to Financial Guaranty have been made prior to the delivery date of the Reserve Policy. 6. The applicable supplement to the Resolution, as amended and supplemented (herein after called the "Authorizing Document") shall include the following terms and conditions: (a) The flow of funds shall be revised to provide that the Issuer's repayment of any draws under the Reserve Policy and related reasonable expenses incurred by Financial Guaranty (together with interest thereon at a rate equal to the lower of (i) the prime rate of Morgan Guaranty Trust Company of New York in effect from time to time plus 2% per annum and (ii) the highest rate permitted by law) shall enjoy the same priority as the obligation to maintain and refill the reserve fund. Repayment of draws, expenses and accrued interest (collectively, "Policy Costs") shall commence in the first month following each draw, and each such monthly payment shall be in an amount at least equal to 1/12 of the aggregate of Policy Costs related to such draw. If and +*o the extent that cash has also been deposited in the reserve fund, all such cash shall be used (or investments purchased with such cash shall be liquidated and the proceeds applied as required) prior to any drawing under the Reserve Policy, and repayment of any Policy Costs shall be made prior to replenishment of any such cash amounts. If, in addition to the Reserve Policy, any other reserve fund substitute instrument ("Additional Reserve Policy") is provided, drawings under the Reserve Policy and any such Additional Reserve Policy, and repayment of Policy Costs and reimbursement of amounts due under the Additional Reserve Policy, shall be made on a pro rata basis (calculated by reference to the Maximum Amounts available nacre 3 .)f 5 Financial Guamwq hwirmur Congauy thereunder) after applying all available cash in the reserve fund and prior to replenishment of any such cash draws, respectively. (b) If the Issuer shall fail to repay any Policy Costs in accordance with the requirements of Paragraph 6(a) hereof, Financial Guaranty shall be entitled to exercise any and all remedies available at law or under the Authorizing Document other than (i) acceleration of the metiirity of the Bonds or (ii) remedies which would adversely affect Bondholders. (c) The Authorizing Document shall not be discharged until all Policy Costs owing to Financial Guaranty shall have been paid in full. (d) As security for the Issuer's repayment obligations with respect to the Reserve Policy, Financial Guaranty shall be granted a security interest (subordinate only to that of the Bondholders) in all revenues and collateral pledged as security for the Bonds. (e) The additional bonds test and the rate covenant in the Authorizing Document shall expressly provide for at least one times coverage of the Issuer's obligations with respect to repayment of Policy Costs then due and owing. Furthermore, no additional bonds may be issued without Financial Guaranty's prior written consent if any Policy Costs are past due and owing to Financial Guaranty. (f) The Authorizing Document shall require the Trustee to ascertain the necessity for a claim upon the Reserve Policy and to provide notice to Financial Guaranty in accordance with the terms of the Reserve Policy at least two business days prior to each interest payment date. (g) The Authorizing Document shall not be modified or amended without the prior written consent of Financial Guaranty. (h) Financial Guaranty shall be provided with written notice of the resignation or removal of the Trustee and the appointment of a successor thereto and of the issuance of additional indebtedness of the Issuer at 115 Broadway, New York, New York 10006 Attention: Managing Counsel. (i) All revisions which are required to be made to the Authorizing Document pursuant to Financial n,,Re I of 5 Financial Gunman• Insurance Cunipum Guaranty's commitment letter, dated March 4, 1996 relating to the insurance of the Series 1996 Bonds. 7. No policy of municipal bond insurance other than a policy issued by Financial Guaranty shall be provided as security for the payment of principal and interest on the Bonds. 8. The Reserve Policy shall expire on the final maturity date of the Series 1996 Bonds. 9. Prior to delivery of the Reserve Policy, the Issuer shall deliver to Financial Guaranty an executed Debt Service Reserve Fund Policy Agreement in substantially the form of Exhibit B hereto (the "Agreement") and an opinion of counsel to the Issuer in form and substance satisfactory to Financial Guaranty as to the due authorization, validity and enforceability of the Agreement. 10. Any official statement or similar disclosure document relating to the Bonds Insured shall contain only (i) the language included in Exhibit C hereto and (ii) such other references to Financial Guaranty and the Reserve Policy as we shall supply or approve. 11. Promptly after the issuance of the Reserve Policy, Financial Guaranty shall receive a completed set of executed documents. Kathleen M. Evers Senior Analyst To keep this commitment in effect to the Expiration Date set forth on the first page, Financial Guaranty must receive by March 11, 1996 a duplicate of this Commitment executed by an appropriate officer of the Indian River County, Florida. Pa,7e 5 of 5 I uum� ial l;u:u�im� lu�uruw �• The undersigned agrees that if the reserve fund requirement for the Bonds is met in whole or in part by a surety bond, letter of credit or insurance policy, such reserve fund credit instrument shall be a Reserve Policy provided by Financial Guaranty in accordance with the terms of this Commitment. Accepted as of `)i/,(h 9 , 1996 by the Indian River County, Florida. BY:�I.11 )JJl�J1, TIRET,)A? Jf !1 ANFi.'/yn:6li Arn) UvG rl EXHIBIT A Financial Guaranty Insurance Company 115 Broadway New York, New York 10006 (212) 312-3000 (800) 352-0001 Municipal Bond Debt Service Reserve rand Policy Issuer: Policy Number: Control Number: Bonds: Premium: I ) Bonds issued (under) (in accordance with) [ ) Maximum Amount: Resolution, as amended and, supplemented adopted Termination Date: Paying Agent: Financial Guaranty Insurance Company ("Financial Guaranty"), a New York stock insurance company, in consideration of the payment of the premium and subject to the terms of this Policy, hereby unconditionally and irrevocably agrees to pay the paying agent named above or its successor, as paying agent for the Bonds (the "Paying Agent"), for the benefit of Bondholders, that portion (not: to exceed the Maximum Amount set forth above) of the amount required to pay principal and interest (but not any prepayment premium) on the Bonds which shall become Due for Payment but shall be unpaid by reason of Nonpayment by the Issuer. No payment shall be due hereunder for any event of Nonpayment that occurs after the Termination Date set forth above. Financial Guaranty will make such payment to the Paying Agent on the date such principal or interest becomes Due for Payment or on the Business Day next following the day on which Financial Guaranty shall. have received Notice of Nonpayment, whichever is later. Upon such disbursement, Financial Guaranty shall become entitled to reimbursement therefor (together with interest thereon) all as provided in the Debt Service Reserve Fund Policy Agreement between the .Issuer and Financial Guaranty dated as of the Effective Date of this Policy. The Maximum Amount shall be automatically reinstated when and to the extent that the Issuer repays amounts disbursed hereunder, but shall not be reinstated to the extent of amounts received by Financial Guaranty constituting interest on amounts disbursed to the Paying Agent pursuant to this Policy. Financial Guaranty shall provide Notice to the Paying Agent of any reinstatement of any portion of th(r Maximum Amount within one Business Lay of such reinstatement. Form 90m Page 1 of 2 Financial Guaranty Insurance Company 115 Broadway New York, New York 10006 (212) 312-3000 (800) 352- 000 1 Municipal Bond Debt Service Reserve Fund Policy This Policy is non -cancellable for any reason, including the failure of the Issuer to reimburse Financial Guaranty for any payment made hereunder. As used herein, the term "Bondholder" means, as to a particular Bond, the person other than the Issuer who, at the time of Nonpayment, is entitled under the terms of such Bond to payment thereof. "Due for Payment" means, when referring to the principal of a Bond, the stated maturity date thereof or the date on which the same shall have been duly called for mandatory sinking fund redemption and does not refer to any earlier date on which payment is due by reason of call for redemption (other than by mandatory sinking fund redemption), acceleration or other advancement of maturity and means, when referring to interest on a Bond, the stated date for payment of interest. "Nonpayment" in respect of a Bond means the failure of the Issuer to have provided sufficient funds to the Paying Agent for payment :n full of all principal and interest Due for Payment on such Bond and includes any payment of principal or interest made to a Bondholder by or on behalf of the issuer of such Bond which has been recovered from such Bondholder pursuant to the United States Bankruptcy Code by a trustee in bankruptcy in accordance with a final, nonappealable order of a court having competent jurisdiction. "Notice" means telephonic or telegraphic notice, subsequently confirmed in writing, or written notice by registered or certified mail, from the Paying Agent for the Bonds to Financial Guaranty or from Financial Guaranty to the Paying Agent, as the case may be. "Business Day" means any day other than a Saturday, Sunday or a day oto which the Paying Agent is authorized by law to remain closed. In Witness Whereof, Financial Guaranty has caused this Policy to he affixed with its corporate seal and to be signed by its duly authorized officer in facsimile to become effective and hindinq upon Financia'_ Guaranty by virtue of the countersignature of its duly authorized representative. President Authorized Repre:ientat.ive Effective. Date: Form 901.A Page 2 of 2 e�� Finam ial Guaranty In.unuur Gumpam EXHIBIT B Page B-1 DEBT SERVICE RESERVE FUND POLICY AGREEIENT AGREEMENT, dated as of 19 , by and between the (the "Issuer"), and FINANCIAL GUARANTY INSURANCE COMPANY (the "Insurer"). In consideration of the issuance by the Insurer of its Municipal Bond Debt Service Reserve Fund Policy (the "Reserve Policy") with respect to the Issuer's Bonds, Series (the "Series Bonds") issued under (authorizing document] dated , 19 (the "Authorizing Document") and the Issuer's payment to the Insurer of the insurance premium for the Reserve Policy, the Insurer and the Issuer hereby covenant and agree as follows: 1. Upon any payment by the Insurer under the Reserve Policy, the Insurer shall furnish to the Issuer written instructions as to the manner in which repayment of amounts owed to the Insurer as a result of such payment shall be made. 2. The Issuer shall repay the Insurer the principal amount of any draws under the Reserve Policy and related reasonable expenses incurred by the Insurer and shall pay interest thereon at a rate equal to the lower of (i) the prime rate of Morgan Guaranty Trust Company of New York in effect from time to time plus 2% per annum and (ii) the highest rate permitted by law. 3. Repayment of draws, expenses and the interest thereon (collectively, "Policy Costs") shall enjoy the same priority as the obligation to maintain and refill the reserve fund. 4. Payment of Policy Costs shall commence in the first month following each draw, and each such monthly payment shall be in an amount at least equal to 1/12th of the aggregate of Policy Costs related to such draw. 5. Amounts paid to the Insurer shall be credited first to interest due under the Reserve Policy and hereunder, then to the expenses due hereunder and then to principal due under the Reserve Policy and hereunder. As and to the extent that payments are made to the Insurer on account of principal due under the Reserve Policy and hereunder, the coverage under the Reserve Policy will be increased by a like amount. Financial Omnmi% In,urance Campuny Page B-2 6. If the Issuer shall fail to repay any Policy Costs in accordance with the requirements of the Authorizing Document and this Agreement, Financial Guaranty shall be entitled to exercise any and all remedies available at law or under the Authorizing Document other than (i) acceleration of the maturity of the Bonds or (ii) remedies which would adversely affect Bondholder,;. 7. The Issuer shall ascertain the necessity for a claim upon the Policy and provide notice to the Insurer in accordance with the terms of the Reserve Policy at least two business days prior to each date upon which interest or principal is due on the Series Bonds. 8. All cash and investments in the reserve fund shall be utilized for making required transfers to the debt service fund for payment of debt service on the Series Bonds before making any draws on any alternative credit instrument. Repayment of any Policy Costs shall be made prior to replenishment of any such cash amounts. Draws on all alternative credit instruments on which there is available coverage shall be made on a pro rata basis (calculated by reference to coverage then available under each such alternative credit instrument) after applying available cash and investments in the reserve fund. Repayment of Policy Costs and reimbursement of amounts with respect to alternative credit instruments shall be made on a pro rata basis (calculated by reference to the coverage then available under each such alternative credit instrument) prior to replenishment of any cash draws on the reserve fund. 9. The Authorizing Document shall not be modified or amended without the prior written consent of the Bond Insurer. 10. The Authorizing Document shall not be discharged until all Policy Costs owing to Financial Guaranty shall have been paid in full. 11. As security for the Issuer's repayment obligations with respect to the Reserve Policy, Financial Guaranty shall be granted a security interest (subordinate only to that of the Bondholders) in all revenues and collateral pledged as security for the Bonds. 12. The [rate covenant] and [additional bonds test] in the Authorizing Document shall be calculated with at least one times coverage of the Issuer's obligations with respect to repayment of Policy Costs then due and Financial Umninty In.uranrr Compnm Page B-3 owing. Furthermore, no additional bonds may be issued under the Authorizing Document without Financial Guaranty's prior written consent if any Policy Costs are past due and owing to Financial Guaranty. 13. The Issuer shall provide Financial Guaranty with the following information: (i) Budget for each year and annual audited financial statements, within .].e days after the end of its fiscal year; /60 (ii) Official statement or similar disclosure document, if any, prepared in connection with the issuance of additional debt; (iii) Notice of the redemption, other than mandatory sinking fund redemption, of any of the above - referenced Bonds; (iv) Such additional information as Financial Guaranty may reasonably request from time to time; and A epani fib repr-tfFig iequir@$hentIS-815- 14. Notices to the Insurer shall be sent to the following address (or such other address as the Insurer may designate in writing): Financial Guaranty Insurance Company, 115 Broadway, New York, New York 10006 Attention: Managing Counsel. 15. This Agreement may be executed in counterparts, each of which alone and all of which together shall be deemed one original Agreement. 16. If any one or more of the agreements, provisions or terms of this Agreement shall be for any reason whatsoever held invalid, then such agreements, provisions or terms shall be deemed severable from the remaining agreements, provisions or terms of this Agreement and shall in no way affect the validity or enforceability of the other provisions of this Agreement. 17. All capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Authorizing Document. Fiu"m•iul Guarani% In.urmice Cumpum EXHIBIT C Page C-1 Disclosure language for inclusion in Official Statement, if any ("Bonds" means all Bonds outstanding under the Resolution, as amended and supplemented) Debt Service Reserve Fund Policy Concurrently with the issuance of the Series 199G Bonds, Financial Guaranty will issue its Municipal Bond Debt Service Reserve Fund Policy (the "Reserve Policy"). The Reserve Policy unconditionally guarantees the payment of that portion of the principal of and interest on the Outstanding Parity Lien Bonds which has become due for payment, but shall be unpaid by reason of nonpayment by the Issuer, provided that the aggregate amount paid under the Reserve Policy may not exceed the maximum amount set forth in the Reserve Policy, which maximum amount represents maximum annual debt service on the Bonds. Financial Guaranty will make such payments to the paying agent (the "Paying Agent") for the Bonds on the later of the date on which such principal and interest is due or on the business day next following the day on which Financial Guaranty shall have received telephonic or telegraphic notice subsequently confirmed in writing or written notice by registered or certified mail from the Paying Agent of the nonpayment of such amount by the Issuer. The term ''nonpayment" in respect of a Bond includes any payment of principal or interest made to an owner of a Bond which has been recovered from such owner pursuant to the United States Bankruptcy Code by a trustee in bankruptcy in accordance with a final nonappealable order of a court having competent jurisdiction. The Reserve Policy is non -cancellable and the premium will be fully paid at the time of delivery of the Series 1996 Bonds. The Reserve Policy covers failure to pay principal of the Bonds on their respective stated maturity dates, or dates on which the same shall have been called for mandatory sinking fund redemption, and not on any other date on which the Bonds may have been accelerated, and covers the failure to pay an installment of interest on the stated date for its payment. The Reserve Policy shall terminate on the earlier of the final maturity date of the Bonds and the date on which Bonds are no longer outstanding under the Resolution, as amended and supplemented. Generally, in connection with its issuance of a Reserve Policy, Financial Guaranty requires, among other things, (i) that, so long as it has not failed to comply with its payment obligations under the Reserve Policy, it be granted the power to exercise any remedies available at law or under the authorizing document other than (A) acceleration of the Bonds or (B) remedies which would adversely affect holders in the event that the issuer fails to Financial Cuaramhy hi:unurre Gunpany Page C-2 reimburse Financial Guaranty for any draws on the Reserve Policy; and (ii) that any amendment or supplement to or other modification of the principal legal documents be subject to Financial Guaranty's consent. The specific rights, if any, granted to Financial Guaranty in connection with its issuance of the Reserve Policy are set forth in the description of the principal legal documents appearing elsewhere in this Official Statement. Reference should be made as well to such description for a discussion of the circumstances, if any, under which the Indian River County, Florida is required to provide additional or substitute credit enhancement, and related matters. This Official Statement contains a section regarding the ratings assigned to the Bonds and references should be made to such section for a discussion of such ratings and the basis for their assignment to the Bonds. Reference should be made to the description of the issuer for a discussion of the ratings, if any, assigned to such entity's outstanding parity debt that is not secured by credit enhancement. The Reserve Policy is not covered by the Property/Casualty Insurance Security Fund specified in Article 76 of the New York Insurance Law. Financial Guaranty is a wholly-owned subsidiary of FGIC Corporation (the "Corporation"), a Delaware holding company. The Corporation is a subsidiary of General Electric Capital Corporation ("GE Capital"). Neither the Corporation nor GE Capital is obligated to pay the debts of or the claims against Financial Guaranty. Financial Guaranty is a monoline financial guaranty insurer domiciled in the State of New York and subject to regulation by the State of New York Insurance Department. As of September 30, 1995, the total capital and surplus of Financial Guaranty was approximately $994,500,000. Financial Guaranty prepares financial statements on the basis of both statutory accounting principles and generally accepted accounting principles. Copies of such financial statements may be obtained by writing to Financial Guaranty at 115 Broadway, New York, New York 10006, Attention: Communications Department (telephone number: (212) 312-3000) or to the New York State Insurance Department at 160 West Broadway, 18th Floor, New York, New York 10013, Attention: Financial Condition Property/Casualty Bureau (telephone number: (212) 602-0389). \carter\commit\indian. doc Fiuwu•inl Cuunum Insuranev w 11513nNulW�,n FGIG 11S .Xem Vork. NA 1(HHH) (2 12) 312-3(H)O (8(H)) :i:i2.(NH)1 A GECapital Company Commitment For Minh cipal Raid Insuralive Issuer: Indian River County, Florida Date of Commitment: March 4, 1996 Expiration Date: May 4, 1996* Bonds Insured: Not to Exceed Premium: .21% of total debt $42,000,000 in aggregate principal service on the Bonds amount of Water and Sewer Revenue Insured** Bonds, Series 1996 FINANCIAL GUARANTY INSURANCE COMPANY ("Financial Guaranty") A Stock Insurance Company hereby commits to issue a Municipal Bond New Issue Insurance Policy (the "Policy"), in the form attached hereto as Exhibit A, relating to the above-described debt obligations (the "Bonds"), subject to the terms and conditions contained herein or added hereto. To keep this Commitment in effect after the Expiration Date set forth above, a request for renewal must be submitted to Financial Guaranty prior to such Expiration Date. Financial Guaranty reserves the right to refuse wholly or in part to grant a renewal. * Subject to written acceptance of this Commitment being furnished to Financial Guaranty by the earlier of the date on which the disclosure document relating to the Bonds is circulated and March 11, 1996. ** The amount of Bond proceeds deposited with the Trustee/Paying Agent at closing for the payment of accrued interest shall not be applied as a credit in calculating total debt service on the Bonds Insured. Page 1 of 4 Finandal Guaranty . In.urow•n (Aanpnm THE MUNICIPAL BOND NEW ISSUE INSURANCE POLICY SHALL BE ISSUED IF THE FOLLOWING CONDITIONS ARE SATISFIED: 1. The documents to be executed and delivered in connection with the issuance and sale of the Bonds shall not contain any untrue or misleading statement of a material fact and shall not fail to state a material fact necessary in order to make the information contained therein not misleading. 2. No event shall occur which would permit any purchaser of the Bonds, otherwise required, not to be required to purchase the Bonds on the date scheduled for the issuance and delivery thereof. 3. There shall be no material change in or affecting the Bonds (including, without limitation, the security for the Bonds) or the financing documents or the official statement (or any similar disclosure documents) to be executed and delivered in connection with the issuance and sale of the Bonds from the descriptions or forms thereof approved by Financial Guaranty. 4. The Bonds shall contain no reference to Financial Guaranty, the Policy or the municipal bond insurance evidenced thereby except as may be approved by Financial Guaranty. 5. Financial Guaranty shall be provided with: (a) (i) executed copies of all financing documents, the official statement (or any similar disclosure document), and all Bond documentation evidencing the Issuer's ability and intent to comply with the Internal Revenue Code of 1986, as amended (if in the opinion of bond counsel (described below) on- going compliance would be necessary to maintain the exemption from. federal income taxation of interest on the Bonds), which shall be in form and substance acceptable to Financial Guaranty; and (ii) the various legal opinions delivered in connection with the issuance and sale of the Bonds, including, without limitation, the unqualified approving opinion of bond counsel rendered by a law firm acceptable to Financial Guaranty and addressed to (or with a reliance letter addressed to) Financial Guaranty, which opinion shall include a statement to the effect that the interest on the Bonds is excludable from gross income of the holders thereof for federal income tax purposes under the Internal Revenue Code of 1986, as amended; and (iii) opinion(s) of counsel, addressed to and in form and substance satisfactory to Financial Guaranty, as to "arTe 2 of 4 Financial Guaran(y Insuranrr Onlipany the due authorization, validity and enforceability of all financing and bond documentation. Copies of all drafts of such documents and legal opinions (blacklined as appropriate) prepared subsequent to the date of this Commitment shall be furnished to Financial Guaranty. Final drafts of such documents shall be provided to Financial Guaranty at least five (5) business days prior to the issuance of the Policy unless Financial Guaranty shall approve a shorter period and such document-- shall be satisfactory to Financial Guaranty in all respects. (b) Evidence of wire transfer in federal funds in an amount equal to the insurance premium, unless alternative arrangements for the payment of the premium acceptable to Financial Guaranty have been made prior to the delivery date of the Bonds. (c) On or prior to the date of delivery of the Policy, Financial Guaranty shall receive a letter from bond counsel stating that all requirements of Condition 6 to this Commitment have been satisfied and incorporated into the appropriate bond documents. All drafts of the preliminary official statement, official statement or any other disclosure documents and the form of the Bonds should be directed to the attention of Esther K. Sandy (212-312-3261) at Financial Guaranty for approval. All other documentation and any inquiries concerning this Commitment should be directed to Elza Carter (212-312-3071), the Financial Guaranty analyst assigned to this transaction. ADDITIONAL CONDITIONS 6. The applicable supplement shall contain all of the same terms granted to or for the benefit of Financial Guaranty to the same extent set forth in the Issuer's Supplements relating to the FGIC-insured Series 1989, Series 1991, and Series 1993 Bonds. Such supplement shall be subject to Financial Guaranty review and approval. 7. The authorizing documents) shall be subject to Financial Guaranty's review and approval and shall incorporate all of the terms and conditions set forth in this Commitment hereto, all of which provisions may, at bond counsel's election, be incorporated into one article of, or as an exhibit to, the authorizing document(s), or may be incorporated into the appropriate specific sections of the authorizing document(s). fine 3 )f 4 Financial Guaranty• In+uranvr (aanpany 8. The flow of funds shall be modified to allow for any transfer -out of revenues to occur only after the end of each fiscal year. 9. The Bonds shall bear a Statement of Insurance in the form attached hereto as Exhibit B. BOND PROOFS SHALL BE APPROVED BY FINANCIAL GUARANTY PRIOR TO PRINTING. 10. The preliminary official statement and the official statement shall (a) be satisfactory in form and substance to Financial Guaranty and (b) shall contain the language attached hereto as Exhibit C and only such other references to Financial Guaranty as we shall supply or approve. 11. Promptly after the closing of the Bonds, Financial Guaranty shall receive three completed sets of executed documents (one original and two photocopies), copies of which we will deliver to each agency rating the Bonds. Kathleen M. Evers Senior Analyst To keep this commitment in effect to the Expiration Date set forth on the first page, Financial Guaranty must receive a duplicate of this Commitment executed by an appropriate officer of the Indian River County, Florida by the earlier of the date on which the disclosure document relating to the Bonds is circulated and March 11, 1996. The undersigned agrees that if the Bonds are insured by a policy of municipal bond insurance, such insurance shall be provided by Financial Guaranty in accordance with the terms of this Commitment. Accepted as of , 1996 by the Indian River County, Florida. BY: TITLE: Pale 4 of 4 uuuu �.�I Gu.wuu� Imuran r Couq�.w� The undersigned agrees that if the reserve fund requirement for the Bonds is met in whole or in part by a surety bond, letter of credit or insurance policy, such reserve fund credit instrument shall be a Reserve Policy provided by Financial Guaranty in accordance with the terms of this Commitment. Accepted as of /4/ , 1996 by the Indian River County, Florida. BY: I <WI T I T % p 'r tr�Clt� Finandal Gummy bistir1111PP 0)1111"111% The undersigned representative of William R. Hough & Co., underwriter of the Indian River County, Florida Water and Sewer Revenue Bonds, Series 1996 (the "Bonds") hereby agrees that if the Bonds are insured by a policy of municipal bond insurance, such insurance shall be provided by Financial Guaranty Insurance Company in accordance with the terms and provisions of the Commitment for Municipal Bond Insurance dated March 4, 1996 provided by Financial Guaranty Insurance Company with respect to the Bonds. WILLIAM R. HOUGH & CO. By: Title: Dated: FINANCIAL GUARANTY INSURANCE COMPANY PROCEDURES FOR PAYMENT OF PREMIUM Financial Guaranty's issuance of its Municipal Bond New Issue Insurance Policy at bond closing is contingent upon its receipt of the premium. NO POLICY MAY BE RELEASED UNTIL RECEIPT OF SUCH AMOUNT HAS BEEN CONFIRMED. Set forth below are the procedures to be followed for confirming the amount of the premium to be paid and for paying such amount: Confirmation of Upon determinAtinn nf the final debt Amount to be Paid: service schedule, provide such schedule to Financial Guaranty, Attention: Esther K. Sandy at 212/312-3261 and subsequently confirm with her the amount of the premium. Payment: Premium Due Date Method of Payment: Wire Transfer of Federal Funds Wire Transfer BANKERS TRUST NEW YORK Instructions: ABA Number 021-001-033 16 Wall Street, New York, New York For Credit to Financial Guaranty Insurance Company Account #50-256-127 FGIC Policy # FGIC CONTACT: Esther K. Sandy (212/312-3261) Any questions concerning these procedures or any premium payment method other than outlined above should be directed to the attention of Esther K. Sandy at least two banking days prior to the scheduled payment date. CONFIRMATION OF RECEIPT OF PREMIUM Financial Guaranty will accept as confirmation of the premium payment a wire transfer number and the name of the sending bank, to be communicated on the closing date to Esther K. Sandy 212/312-3261. Upon confirmation of the premium payment and satisfaction of the other conditions set forth in the commitment letter, Financial Guaranty will release the Policy. REQUESTS FOR FURTHER INFORMATION OR ALTERNATIVE PAYMENT ARRANGEMENTS Requests for additional information regarding the procedures described above or as to the acceptability of alternate payment procedures should be directed to Esther K. Sandy 212/312-3261 at least two business days prior to the closing date. wire Standard & Poor's Ratings Group Finance Department I T ' Municipal Bond insurance Administration Fee Policy & Billing Administration 25 Broadway New York, Now York 10004.1064 Telephone 212/412-0355 FAX 212/208-8262 Par Amount: Issue Name: Commitment #: In order to expedite the billing process for Standard & Poor's rating fees, please provide billing address and contact person information below. This information should be forwarded to S&P as soon as an issue sale has been completed. Name & Title: Can. Address: Telephone #: Enclosed is a self-addressed envelope to further assist this process. If you should have any questions, please call Vincent Orgo at S&P 212/412-0355. II1.1ti-d (4HIlal11% lo•tjnlory l sxnllam II�1lir��adeln \rw Vik. \1 Wool, 919 .112-3000 800 -112-00011 A GE Capital Company Endorsement To Financial Guaranty Intiuranc'1( Company Insurance Po icy Polirit Number: Gwund Nundwr. �j� l Vic. It t, funhrr unli(•Dalrt(l dolt Ia• term " \oop111ini-m•' in 11•,Il1,-I of it Boal inch( nnv nn of 116or uuere,r lualle it,a 111aolholdrr Ill or o11 1lehalf of the „mer of ,vo, lilm t 1 Ila, Ix mro 1 ,w It Will Hit pur,uaul of da• 1 nitrd tiuta, Illudnyal:111 Iv ht a Int. r lit aknilo,. 11 act (11111( M Jill, 7a Ill Jill. tlotalplm-alahle order of a court Iuluog (•ougx a• II -tion \(111 II\(:IIF:HF:I\ �11.11.1.IN'Cu\ I'Iil EU'I'U 11. 'Ft.NF: ' .F }11t. [)(:(A' - I\ OTIIF.11 OF fill 1113.N:1'. (:(►\'I' '1'(11 H:1 :F..1'Ill•: 7Flt bOFTIIts LNI)ORSEMI-A 'SIPF: ME 'IIF.I I(:1 1. '1CF:. ll, N inn „ 11 hereof. Pinus iul 1' r+uu� hu, r,t• hi, F. lor,rn to xrd w ith il. corporate, .4•111 alld it) by -iltned It% it, till to horized oflir 1• i11 I-,ilrti to bee efft•eli,r alul llilalilig 11111111 imito iai Guar 11n toe dth •ouutrr,igoall it 'l, d11 ulrized rrPre,rntmiv. Aulhorimll Hrpre,w malive Arknitowk4lged as of the Effivaiite Outie written nittive: .Authorised Officer State Street Bunk und'1'nllrt G►mpuny. \.A„ ue Fiscal .Agent t!(AC 1•t rrinorred writwr Total, lima 111. F111011l'1111 (mar1111n llomarxtk, ( AMlllpain l,lllll•r lM'1'll,.'from lt.Ialrrllt rlxa111ow HIM . (;x'l .to alYxl I,"1,l l 0 X11 111%11'• I II],m 1.,11:wu:ull 111,1117118 e' Neu 1.01,.\1 1011011 .I ' t 12•3000 800 3_,2-000I A GE Capital Company Municipal Bond New I„uc Insurance Polity 1i11ud. the .1;014 dale Ger pa�nlrw of mtrm.l "A. IIIIIII!I '0111I 111—IN-11 of II R1md mean, Iter failure of da• „ner Io lime• Provellvl .uflivilvll fund. Io 161• p;n ing age -lit Gtr pet meati in fall of all principal and ilurn"I Ihte• 1111 I'mntral x11.114-11 Ihnul. "\'owe.. na•:ul, Irlephooir ar Irlcgritplur motive. ,uh,lvpuv0lc 4-onlirnavl i %%nwi ; or A iven notice 111 ref bu and or e-ellilird "Will. Genn a lJondholl6•r rer it paling agrul fur the I Ito lee I•uulnrud (:ullranll "Ru,inr„ Ih11 novw, am e6N ola•r lam a Sawrdm. tiund11l nr a dll% t t the 11,4-xl :Agent 11 amhonrlvl h1 ImA Io renano rlo,rd. In \1 ane„ u 6rrrnf. I immcinl (:nuranl� ha, 4-m1,r11 Illi,1146.% to hr affixed t it, 4-e Io h, ,i_ned 11% it, elate alnhot•iied iflievr in fit-imi6• I., 6er)it a• rffl•4-titr til hit ink! (:wuluu� hIrirt11e(of thrI(moirr,ignatureofit,41,11% nulhorirly trr,ru ice. Aul limiml Rrprewemnthe a11n. N. A..Ill •1,nnw6-Ig- Iliill iI ha.agreed u1la•rlia•uI Iltr .1111 it-, of Feral FLII 1e•�n1.•n•d•nne'uruL u.r.11 n, ml1.11a1, I, i, h, -.le l b i• I ex npna. 11114h.1 e•u• 1.11 n 11 - pm eat eau if 11111%ll.N 11 ape m r til 1 .� , •NMM� .'n' ._ Logo Presentation for Official Statement All -offering circulars relating to securities insured by Financial Guaranty are required to bear our,"FGiC" Logo, attached. it is essential that the following legend accompany the Logo on all such materials: "FGIC is a registered service mark used by Financial Guaranty Insurance Company, a private can Wy not affiliated with any O.S. Government agency." The legend must appear in bail faee type, adjacent to the Logo, and not as a footnote. Thank you for your cooperation in this matter and do not hesitate to contact us with any questions on the use of the Logo. Official Statement and Tombstone Logotype Configuration Financial Guaranty Insurance Company Pc(c N • e.�lNrwwd wMa w.eh wed by F1.uwld Gwwwfy br.wrwenr C.r.pwwy.. pri..re e..�p..y.w dW.e.d wMh.q Ua C..awwwwl.prwey. Financial Guaranty Insurance Company FCIC N. reg' ' Iwo nwh wW hyFNrwr.d G.w." 1 -- Gwp.ey.. pr*uw a.p..r ww.idMw.d wMh.wy Ua Gw awww , a rw .v. Financial Guaranty Insurance Company PLIC N. r.pNe.r a.w.Ne wrk .wed by Fl mn" Gwr wq bww -, Cwwp.wy. . pdvwe Pr7 ww.�Ilwrd w— w., U.S. G.verw.wwl.prwry. MTFinancial Guaranty Insurance . Company FCN: N. r4N.eied .ervkr rw4 Bred br FYr.nel.l Gwr.wy Iw..rwwe Cwwpr�y. . prlvwe mwpw ww.NMiwed wllh..v U.N. G.vmwmw.Merw�. Financial Guaranty Insurance Company FM N. e@Omnd m vkv iwh wed by F1w wvW (4--gy hrurwwr (**.—y. a rive* eawpwry ww.AMwed wlh wq UA (:eveerwer.(rwey. 1M. Financial Guaranty Insurance Company Mc M. r.plwnud.eevke n.rb wed M F1wuwW Cwr.rwy Iw.rruen (iwp.wy.. prh.N MMPW ww.MMwed wMh.wy UA G.vaww.wl.pwey. OFFICIAL STA11111 M NEW ISSIX y�.y RATING: Filch: "AAA" Moodyls: "An" Stasdard & Poona: "AAA" Ilaaacial Goarasty Land In tht orieien of sod Cew v4 bated on mau f Am freerst on the Bow& witl be esdrdrd flaw lrou wean for Fedow N"M as Orgmu Md it wa en fan of tox Ironer for Fwfow+ of tht fiAtrd alterwetivt mwww,w tax iwposed on wdivdwal, and em"re ions. For an g1Motion of wring* tax aow,elw ores -kr f*&W low *Mick my rtwk from dt owwenbip ofdu u Aon&. we Ae dl,ewesion wder tht kedw TALTMA27M - Herein Under t law. A# Bow& and the iacowr titer -ram wX be exoopt Jean ad swe, cawty and nwwow taxotion in the ,tate ofTttwwwte, WWW iakerwawae,1A1W*radestak tore. andTawwuee corporow ftowhae andaria taxes. (See TAXMATTERS" htrek) $4,100,000 MEIGS COUNTY, TENNESSEE SCHOOL BONDS, SERIFS 1995 (ULT) (Bank Qndii3ed) Dated: May 1, 1995 Due: May 1, as shown below The $4,100,000 Schad Bonds, Series 1995 (the 'Sonde') will be issued as Billy registered Bands without cogpaos and in denominations of $5,000 or any integral multiple thereof. Interest on the Bands is payable semi-almually on May I and November 1 as long as the Bands remain outstanding, commencing May 1, 1996 to the registered owners of the Bands by First Tennessee Banti National Association, Memphis, Tennessee, the registration agent and paying not (the "Registration Agent"). The principal on the Bonds Is payable when due upon surrender of the Bonds at the principal eosporate trust office of the Registration Agent. The payment of the principal of and interest on the Bonds when due will be insured by a municipal bond insurance policy to be issued by Financial Guaranty Insurance Company simultaneously with the delivery of the Bands. Fmmdal Guaranh, Insurance Compuiv FCC M a woYwe/ wMn awwM w W b. nowei— Gwrwr laerawa fir• a primo ewpow ant a/M W wi1M aur V& Gaveeono wt apwr,. The Bands are subject to optional tedei*on prior to maturity as described herein. The Bonds shall matut+e aerially and are payable on May l of each year as follows: The Bonds are payable from unlimited ad valorem taxes to be levied an all taxable property within the County. For the prompt payment of principal of, premium, if any, and interest on the Bonds, the full filth and credit of the County are irrevocably pledged. The Aon& on offered when as and V wwr4 wb)rcr to the approval of the kesho by Btu, Berry A $wwr, N"Wile. Tenneam, o wd Cewrr4 what opWae will be prwrd en the Bon&. Certain lepal naffs►, will be passed upon for at Cowry by Mae Veavy. rflw^ &9-, CaAuermty, J.C. Brn�ord L Co. hat aced at Fiwataial Advisor w the County m conwetxfon with the stir of the Bond,. tb Bend, e►w s recred to be evsUa►lt far ddivtry rhnr fh Dxpo,iwry 7rwu Compaty in New York New York, on or abowt May 4,1995. M& Of kid Swomeat ie deed A"H 19.1993. MATURITIES, AMOUNTS, RATES AND YIELDS Maturity latarwt Yield or Maturity hdaut Yield or May 12 Ammt Rate Price- (May I Atrioilnt. 11m _ftkl 1997 $ 45,000 5.15% 4.35% 2005 $360,000 5.15% 100 96 1998 45,000 5.15 4.50 2006 380,000 5.25 100 1999 50,000 5.15 4.60 2007 400,000 3.30 5.35 2000 50,000 5.15 4.70 2008 420,000 5.40 5.45 2001 55,000 5.15 4.75 2009 443,000 5.50 5.55 2002 55,000 5.15 4.80 2010 470,000 5.60 5.65 2003 60,000 5.15 4.95 2011 495,000 5.70 100 2004 345,000 5.15 5.05 2012 425,000 5.70 5.75 The Bonds are payable from unlimited ad valorem taxes to be levied an all taxable property within the County. For the prompt payment of principal of, premium, if any, and interest on the Bonds, the full filth and credit of the County are irrevocably pledged. The Aon& on offered when as and V wwr4 wb)rcr to the approval of the kesho by Btu, Berry A $wwr, N"Wile. Tenneam, o wd Cewrr4 what opWae will be prwrd en the Bon&. Certain lepal naffs►, will be passed upon for at Cowry by Mae Veavy. rflw^ &9-, CaAuermty, J.C. Brn�ord L Co. hat aced at Fiwataial Advisor w the County m conwetxfon with the stir of the Bond,. tb Bend, e►w s recred to be evsUa►lt far ddivtry rhnr fh Dxpo,iwry 7rwu Compaty in New York New York, on or abowt May 4,1995. M& Of kid Swomeat ie deed A"H 19.1993. tw . Standard L Poor's Ratings Group /r/ Municipal Finance Department ■ 5 I I Bond lnwrance Administration Fee Policy B BM t0 Administration 25 Broadway New York, New York 100041084 Telephone 2121412-0355 STANDARD dt POOR'S RATINGS FEES FOR INSURED ISSUES and ASSIGNMENT OF INSURER'S CLAIMS - PAYING RATINGS TO INSURED ISSUES Standard do Poor's Ratings Group currently rates the insurance claims paying ability of Financial Guaranty Insurance Company (FGIC) "AAA" for long-term obligations, and only after specific review by S&P, OSP- I+"for short-term obligations. Accordingly, obligations insured by FGIC will receive the appropriate S&P rating. Prior to assigning a rating to an insured obligation, S&P verifies that FGIC's insurance policy for the issue(s) to be insured guarantees full and timely payment of aA principal and interest, in full and when due, and is permanent and unconditional for the full life and maturity of the insured obligation(s). S&P also receives preliminary information from FGIC at the time of a commitment of insurance. An initial review of the security -type is made at the time S&P receives policy information. Upon verification of these conditions S&P will assign the "AAA" or "SP -1+" sating to the insured obligation(s). written confirmation of that action will be provided to FGIC and made available prior to or by the date of the closing. The issue and its appropriate "AAA" or "SP -1+" rating will then be included in all S&P's published ratings directories and ruing verification services. STANDARD do POOR'S REQUIREMENTS FOR INFORMATION FROM ISSUERS In order to assess continually the "AAA" or "SP -1+" claims paying ability of FGIC, S&P reviews the credit quality of selected insured obligations periodically. If the insured obligation is on a parity with or it's repayment source is closely related to, outstanding debt which is rated by S&P on an uninsured basis. S&P must review the ratings on the outstanding uninsured debt prior to the closing date of the new insured obligations. S&P requires that the issuer provide the same documentation normally required for the rating of any new issue, e.g., preliminary official statement, legal documents, financial statements, etc. In the course of our ruins process, issuers can also expect S&P analysts to call/contact appropriate officials with questions and requests for additional information. As is the case with all ntirngs, if sufficient and appropriate information is not made available. S&P swerves the right to withdraw the outstanding parity or related ruing(s) on the uninsured debt. If the insured obligation is not on parity with or related to other rated outstanding debt, S&P still may assess the credit quality of the insured obligations (on an underlying basis) as a part of S&P's overall evaluation of FGIVs insured portfolio. As a result, S&P may periodically require additional information cmueming the insured obligation. STANDARD dt POOR'S FEES FOR INSURED ISSUES Fees for rating services for insured debt obligations are determined on the sane basis as fees for non-insured issuances. Information about fees can be determined, for specific obligations or based on general "ranges" of fees by calling Mr. Vincent Orgo or Mr. Michael Gmitro at (212) 412-0355. Standard do Poor's/Municipal Finance Department billing dt fees policy for insured debt issuances is as follows: L Each insured obligation will be billed a rating service fee. Fees are payable, in full, by the issuing entity, underwriter, financial advisor or purchaser of insurance - depending upon the structuring of the debt obligation. Multiple insurance policies may be a basis for additional fee charges beyond normal fees. Il. When insurance is obtained on an issuance when S&P has not received an application for a rating on an uninsured basis, the invoice for rating cervices will be billed and forwarded to the purchaser of the insurance, unless otherwise advind (see attached). If rating fees am to be paid by other than the purchasers of the insurance, S&P MUST HE NOTIFIED WHOM TO BILL. III. When an issue has received an S&P rating on an uninsured basis and the issue then subsequently is insured at the time of sale, S&P will bill the issuer or other appropriate Party of the debt without any additional charges for the insured rating ("AAA" or "SP- I +"). Bond Insurance Administration/Fee Policy do Billing Administration Arthur J. Grisi, Senior Via President 212/412-0355 Vincent Orgo, Administrative Officer 212/412-0355 Michael Gmitro, Pricing Specialist 212/412-0355 Fax Number 212/208-8262 Standard & Poor's Ratings Group Municipal Finance Department Bond Insurance Administration Fee Policy & Billing Administration t 25 Broadway New York, New York 10004.1064 Telephone 212/412.0355 FAX 2121208.8262 1 e u�usrelr .s ►!� e s e �rrr Par Amount: Issue Name: Commitment p: In order to expedite the billing process for Standard & Poor's rating fees, please provide billing address and contact person information below. This information should be forwarded to S&P as soon as an issue sale has been completed. Name & Title: Company: Address: Telephone A': Enclosed is a self-addressed envelope to further assist this process. If you should have am questions, please call Vincent Orgo at S&P 212/412.0355. RATING AGENCIES AND RA71NG AGENCY MES ON INSURED TRANSACTIONS The claims -paying ability of Financial Guaranty insurance Company ("Financial Guaranty') has been rated "AA" by Fitch Investors Service, Inc ("Fitch'), "Au" by Moody's Investors Service, Inc. ("Moody's) and "AAA" by Standard & Poor's Rating Group ("S&P'). Financial Guaranty notifies and provides information to each of the rating agencies as to each series of sauxities which Financial Guaranty commits to insure. Fitch, Moody's and S&P will race securities insured by Financial Guaranty "AAA", "Aaa", and "AAA", respectively, upon verification by such rating agency that the insured issue complies with such rating agency's requirements tfor insured issues and subject to the following. Fitch will assign its "AAA" rating to the securities insured by Financial Guaranty, if requested by the issuer. Moody's has advised Financial Qatenty that it will assign its "Aaa" rating to each security insured by Financial Guaranty. Pursuant to its ratings contract with Moody's. Financial Guaranty, itself, automatically applies for a rating on each security insured by Financial Guaranty. S&P has advised Fnnaacial Guaranty that it will assign its "AAA" rating to each security insured by Financial Guaranty. Payment of the fees charged by any rating agency for rating an insured issue is a matter solely between the issuer and the respective rating agency. Financial Guaranty is not responsible for any such fees and will not seek to confirm the issuer's payment of such fees. The release of Financial Gusrsnty's bond insurance policy or surety bond is not subject to the payment of such fees. RATINGS [Insert name of rating agencies who are rating the insured bonds), which have assigned ratings to the Bonds, have done so with the understanding that, upon delivery of the _ Bonds, the Financial Gwranty Policy will be issued by Financial Guaranty. Such ratings reflect only the views of such cnanintions and any desired explanation of the significance of such ratings should be obtained from the ruing agency furnishing the same, at the following addresses; [Fitch Investors Service, Inc., One State Street Plaza, New York, New York 10004,] [Moody's Investors Service, Inc., 99 Church Street, New York, New York 10007;] [Standard & Poor's Corporation, 2:5 Broadway, New York, New York 10004). Generally, a rating agency bases its rating on the information and materials furnished to it and on investigations, studies and assumptions of its own. There is no assurance such ratings will continue for any given period of time or that such ratings will not be revised downward or withdrawn entirely by the rating agencies, if in thejudgment of such rating agencies, circumstances so warrant. Any such downward revision or withdrawal of such ratings may have an adverse effect on the market price of the Boards. weooMMftl.dx Moodys Investors service Pude Finance DeloWnwi Moody's Ratings and Fees for Insured Issues Assignment of Insurer's Claims -Paying Ratings to Insured Issues Moody's Investors Service currently rates the Insurance claims -paying ability of Financial Guaranty Insurance Company (FG1C)Ass for long -tern obligations and MIG 1 for short -teen notes. Accordingly, Moody's will assign the appropriate rating to each obligation insured by FGIC. By seeking bond insurance from FGIC, the issuer automatically causes application to be made on its behalf to Moody's for assigntn nt of a rating to the insured securities. Prior to assigning a rating to an insured obligation, Mood%"s will verify that FGIC's insurance policy for the issue to be insured guarantees full and timely payment of all principal and interest when due, and is permanent and unconditional for the life of the insured obligation. Upon verification of these conditions Moody's will assign the Aaa or MIG 1 rating to the insured obligation. After Moody's assigns the rating, written confirmation of that action mill be provided to FGIC and made available at the closing. The issue and its Aaa or MIG 1 rating will then be included in all Moody's published ratings directories and rating verification services. Moody's Kequirements for Information from Issuers addition to our verification of the insured transaction prior to the assignment of the Aaa or MIG 1 rating. Moody's reviews the underlying credit quality of the insured obligation. If the insured obligation is on parity with, or its repayment source is closely related to, outstanding debt which is rated by Moody's on an uninsured basis, Moody's will review the ratings on the outstanding uninsured debt prior to the closing date of the new insured obligation. Moody's will require the issuer to provide the same documents normally required for the rating of any new issue, e.g., preliminary official statement, legal documents, financial statements, etc. In the course of our rating review, issuers can also expect a Moody's analyst to call with questions and to Rating Fee for Insured Issues Moody's fees for insured issues are determined on the same basis as fees for non-insured issues. Such fees can be determined by calling Anita Webb (212) 353- 0901 or Bernie Morris (212) 533-405 5. at Moodv's. Moody's billing policy is as follows: (a) Each insured obligation will be billed a rating service fee. request additional information. As is the case with all rating reviews, if sufficient and appropriate information is not made available Moody's may withdraw the outstanding parity or related ratings on the uninsured debt. If the insured obligation is not on parity with or related to other rated outstanding debt, Moody's still will assess (for internal purposes) the credit quality of the insured obligation as a part of Moody's overall evaluation of the credit quality of the insured portfolio of FGIC. In addition, Moody's may from time to time require updated information concerning the insured obligation. (b) When insurance is purchased on an issue where Moody's has not received an application for a rating on an uninsured basis, the rating fee will be billed to the purchaser of the insurance. (c) When an issue has received a Moody's rating on an uninsured basis and the issue is subsequently insured, Moody's will bill the issuer without an additional charge for the insurance rating. Logo Presentation for Official Statement All offering circulars relating to securities insured by Financial Guaranty are required to bear our,"FGIC" Logo, attached. It is essential that the following legend accompany the Logo on all such materials: "fGIC is a registered service mark used by Financial Guaranty Insurance Company, a private company not affiliated with any Q.s. Government agency." The legend must appear in bold lace type, adjacent tc the Logo, and not as a footnote. Thank you for your cooperation in this matter and do not hesitate to contact us with any questions on the use of the Logo. Official Statement and Tombstone Logotype Conflguration ImFinancial Guaranty Insurance e Company FCIC r a meplewmad wMa awe4 wd y Fkraaerl Gaaeaary ra...w Cawpny, • peivw eawpaay w d(wea wrb wry Ua fav -awe- apaary. ImFinancial Guaranty Insurance e Company POC r a meplawea'on awk mod by Frw eeW Grewwy bwwaaa Cawpaay. a prime erprry w arlWd WMk wry ua Garwaawa( apawy. ImFinancial Guaranty Insurance e Company FCIC r a ma0 1 ' rwdm wwk wd by FL%wAd (;wawy laewawe CawpW, a pdv8" erwpry w aMMw wkk wry u.8. Gavemawew spot). MTSFinancial Guaranty Insurance Company FrAC r a momwed -mire -ark wed by Flsawrl (A wavy kwwewv (;m p . a pm(ame erwpawy w eaubw wk am US. 6-eewwM spew y. Financial Guaranty Insurance Company MX r a rvOw d wnlae m" awd by FWwld Gawawy bawwwe Cnwpwy. a prl•w rawprey w dW1wd wMb any U8. CAveewarw apowy. MT. Financial Guaranty Insurance Company FCIC r • upreM aeeNee arrk awd by Fkraae(al Gaaranly rwrw-e C-wpaay. a prM-eawpr�q w a�llwd wMb aw u8 Cwwawew yaney, OFFICIAL STATEMENT NBW 19SUE RATING: Fft&: "AAA" Moody'x "Ase" Standard & Pbores: "AAA" Flnaadal Gaamty Inanrod in rte opimoe of Boad 0awl, based on cassr knw, uumsr on rhe Bosh wX be exdu4d Jm trop umoae far Federal meant rax purposes and is not an km of res prnferewn for purposra of rhe federal aUernative muninow rax imposed on individuals and cotporuiese. For an 0*1onotien of svrrain toss emselrrn rs seder federal law wbicAmay reoUpm rhe owwrAr of rhe Bonds. we rhe discussion under du headier ?AX MATI>4 W herrbe. [l v aiWnl law, ds Soso and rhe mom dwrov ne will be exagpt ioen all state, eousry and Nares pd mason in rhe stare ofTasnessm swept mhar"we. bamOr and estate uses, and Tennessee corporate jiandwe and exam rags. (See 17AX MATTERS" herruo $4,100,000 MEIGS COUNTY, TENNESSEE SCHOOL BONDS, SERIES 1995 (MID (Bank Qus>1fied) Dated: May 1, 1995 Due: May 1, as shown below The $4,100,000 School Boods, Series 1995 (the ' Bonds") will be issued as fully registered Bonds without coupons and in deaominsdons of $5,000 or any integral multiple thereof. Inie est on the Bands is payable semi-smsually on May 1 and November 1 as loot as the Bends remain outstanding, commencing May 1, 1996 to the registered owners of the Bends by First Tennessee Bank National Association, Memphis, Tennessee, the registration agent and paying agent (the "Registration Ageat"). The principal on the Bends is payable when due upon surrender of the Boody at the principal corporate oust office of the Registration Agent. The payment of the principal of and interest on the Bands when due will be insured by a municipal bond'asuraoce policy to be issued by Finsocial Guaranty Iasruaoce Company simultaneously with the delivery of the Bends. Financial Guarmth, Insurance Compam• PUC ie a nwW W WFVW a,un end w lRuaaeW Getter inn..M. faapnr, a /eiww �rr.«.aluw.d ewi.ar l's C..xn..ea, Mrew!. The Bonds are subject to optional redemption prior to maturity as described herein. The Bonds shall mum serially and are payable on May 1 of each year as follows: MATURIfM AMOUNTS, RATES AND YIELDS Maturity Interest Yldd or Maturity Immut YWd or Nay I AM= JIML Price way I Anmat jwr.- jWN 1997 S45,000 5.15% 4.35% 2005 S360,000 5.15% 100 % 1998 45,000 5.15 4.50 2006 380,000 5.25 100 1999 50,000 5.15 4.60 2007 400.000 5.30 5.35 2000 50,000 5.15 4.70 2008 420,000 5.40 5.45 2001 55,000 5.15 4.75 2009 445,000 5.50 5.55 2002 55,000 5.15 4.80 2010 470,000 5.60 5.65 2003 60,000 5.15 4.95 2011 495,000 5.70 100 2004 345,000 5.15 5.05 2012 425,000 5.70 5.75 The Bonds are payable from unlimited ad valorem taxes to be levied an all taxable property within the County. For the Prompt PayMem of principal of, premium, if any. and mterest on the Bonds, the full faith and credit of the County are irrevocably pledged Tie Bonds we *Pftd when, as and if sewed, su&jw to as gprovw of rhe kesiso by Bun. Bary & Sian, NedYvilk, Tawasee, Bond Coerewl, htnpwmiU br prited en rhe Bon&. Certain lgel naps wit br pced upofor rhe Cowry by M* VmtymmrEsy.. COMM & way. a& Co. hspeas FhNWW Advisorso hCowry M earreaan wHY ft sols ofhe Bends. TeBendsosppetedbkavaiaHs jor "Wry *a"1A Dgosuory Trsw Cengrry is New York Now York on or abow May 4, jigs. TW Offidd SUMnOW is dated Apo719. IM. RATING AGENCIES AND RATING AGENCY FEES ON ]NsuRED TRANSACTIONS The claims -paying ability of Financial Gua+rmty Insurance Company ("Financial Guaranty") has been rated "AAA" by Fitch Investon Service, Inc ("Fitch"), "Anes" by Moody's Investors Service, Inc. ("Moody's) and "AAA" by Standard & Poor's Rating Group ("S&P"). Financial Guaranty notifies and provides imformlWon to each of the rating spneiaa as to each series of securities which Financial Guannty commits to insure. Fitch. Moody's and S&P will rate securities insured by Financial Guarsatty "AAA", "Aaa", and "AAA", respectively, upon verification by such rating agency that the insured issue complies with such rating agency's requirements for insured issues and subject to the following. Fitch will assign its "AAA" rating to the securities insured by Financial Guaranty, if requested by the issuer. Moody's has advised Financial Guaranty that it will assign in "Aaa" rating to each security insured by Financial Guaranty. Pursuant to its ratings contract with Moody's, Financial Guaranty, itself, automatically applies for a rating on each security insured by Financial Guaranty. S&P has advised Financial Guaranty that it will assign its "AAA" rating to each security insured by Financial Guaranty. Payment of the fees charged by any rating agency for rating an insured issue is a matter solely between the issuer and the respective rating agency. Financial Guaranty is not responsible for any such fees and will not seek to confirm the issuer's payment of such fees. The release of Financial Guaranty's bond insurance policy or surety bond is not subject to the payment of such fees. RATINGS (Insert name of rating agencies who are rating the insured bonds), which have assigned ratings to the _ Bonds, have done so with the understanding that, upon delivery of the _ Bonds, the Financial Guaranty Policy will be issued by Financial Guaranty. Such ratings reflect only the views of such organizations and any desired explanation of the significance of such ratings should be obtained from the ratting agency furnishing the same, at the following addresses; [Fitch Investors Service, Inc., One State Street Plana, New York, New York 10004;] [Moody's Investors Service, Inc., 99 Church Street, New York, New York 10007;) [Standard dt Poor's Corporation, 25 Broadway, New York, New York 100041. Generally, a rating agency bases its rating on the information and materials furnished to it and on investigations, studies and assumptions of its own. There is no assurance such ratings will continue for any given period of time or that such ratings will not be revised downward or withdrawn entirely by the rating agencies, if in the judgment of such rating agencies, circumstances so wan=L Any such downward revision or withdrawal of such ratings may have an adverse effect on the market price of the _ Bonds. VMo Wnft1Aoc '41 -, Moodys Investors service Pubic Rnanoe Department Moody's Ratings and Fees for Insured Issues Assignment of Insurer's Claims -Paying Ratings to Insured Issues Moody's Investors Service currently rates the Insurance claims -paying ability of Financial Guaranty Insurance Company (FGIC) Aea for long-term obligations and MIG 1 for short-term notes. Accordingly, Moody's will assign the appropriate rating to each obligation insured by FGIC. By seeking bond insurance from FGIC, the issuer automatically causes application to be made on its behalf to Moody -s for assignment of a rating to the insured securities. Prior to assigning a rating to an insured obligation, Moody's will verify that FGIC's insurance policy for the issue to be insuredguarantees full and timely payment of all principal and interest when due, and is permanent and unconditional for the life of the insured obligation. Upon verification of these conditions Moody's will assign the Aaa or MIG 1 rating to the insured obligation. After Moody's assigns the rating, written confinnation of that action mill be provided to FGIC and made available at the closing. The issue and its Aaa or MIG 1 rating will then be included in all Moody's published ratings directories and rating verification services. Moody's Requirements for Information from Issuers In addition to our verification of the insured transaction prior to the assignment of the Aaa or MIG 1 rating. Moody's reviews the underlying credit quality of the insured obligation. If the insured obligation is on parity with, or its repayment source is closely related to, outstanding debt which is rated by Moody's on an uninsured basis, Moody's will review the ratings on the outstanding uninsured debt prior to the closing date of the new insured obligation. Moody's will require the issuer to provide the same documents normally required for the rating of any now issue, e.g., preliminary official statement, legal documents, financial statements, etc. In the course of our rating review, issuers can also expect a Moody's analyst to call with questions and to Rating Fee for Insured Issues Moody's fees for insured issues are determined on the same basis as fees for non-insured issues. Such fees can be determined by calling Anita Webb (212) 553- 0901 or Bernie Morris (212) 553.4055, at Moodv's. Moody's billing policy is as follows: (a) Each insured obligation will be billed a rating service fee. request additional information. As is the case with all rating reviews, if sufficient and appropriate information is not made available Moody's may withdraw the outstanding parity or related ratings on the uninsured debt. If the insured obligation is not on parity with or related to other rated outstanding debt. Moody's still evil) assess (for internal purposes) the credit quality of the insured obligation as a pan of Moody's overall evaluation of the credit quality of the insured portfolio of FGIC. In addition, Moody's may from time to time require updated information concerning the insured obligation. (b) When insurance is purchased on an issue where Moody's has not received an application for a rating on an uninsured basis, the rating fee will be billed to the purchaser of the insurance. (c) When an issue has received a Moody's rating on an uninsured basis and the issue is subsequently insured, Moody's will bill the issuer without an additional charge for the insurance rating. Standard & Poor's Ratings Group Municipal Finance Department Bond Insurance AdmWstntion Fee Policy & Biting Administration 25 Broadway New York. New York t OW4-1084 Telephone 212/412-0355 STANDARD do POOR'S RATINGS FEES FOR INSURED ISSUES and ASSIGNMENT OF INSURER'S CLAIMS - PAYING RATINGS TO INSURED ISSUES Standard do Poor's Ratings Group currently rata the insurance claims paying ability of Financial Guaranty Insurance Company (FGIC) "AAA" for long-term obligations, and only after specific review by S&P, "SP -1 +" for short-term obligations. Accordingly, obligations insured by FGIC will receive the appropriate S&P ratinS. Prior to assigning a ruing to an insured obligation, S&P verifies that FGIC's insurance policy for the issue(s) to be insured guarantees full and timely payment of all principal and interest, in full and when due, and is permanent and unconditional for the full life and maturity of the insured obligation(s). S&P also receives preliminary information from FGIC at the time of a commitment of insurance. An initial review of the security -type is made at the time S&P receives policy information. Upon verification of these conditions S&P will assign the "AAA" or "SP -1 +" rating to the insured obligation(s). Written confirmation of that action will be provided to FGIC and made available prior to or by the date of the closing. The issue and its appropriate "AAA" or "SP -1+" rating will then be included in all S&P's published Stings directories and rating verification services. STANDARD do POOR'S REQUIREMENTS FOR INFORMATION FROM ISSUERS In order to assess continually the "AAA" or "SP.I +" claims paying ability of FGIC, S&P reviews the credit quality of selected insured obligations periodically. If the insured obligation is on a parity with or it's repayment source is closely related to. outstanding debt which is rated by S&P on an uninsured basis. S&P must review the ratings on the outstanding uninsured debt prior to the closing date of the new insured obligations. S&P requires that the issuer provide the same documentation normally required for the rating of any new issue, e.g., preliminary official statement, legal documents. financial statements, etc. in the course of our ruing process, issuers can also expect S&P utalysm to call/contact appropriate officials with questions and requests for additional infomution. As is the case with all ratings, if sufficient and appropriate inforntation is not made available, S&P reserves the right to withdraw the outstanding parity or related rating(j) on the uninsured debt. If the insured obligation is not on parity with or related to other and outstanding debt, S&P still may assess the credit quality of the insured obligations (on an unden;lyin` basis) as a pan of S&P's overall evaluation of FGIC's insured portfolio. As a result, S&P may periodically require additional information owmerning the insured obli6uaiom. STANDARD & POOR'S FEES FOR INSURED ISSUES Fees for rating services for insured debt obligations are determined on the same basis as fees for non-insured issuances. Information about fees can be determined, for specific obligations or based on general "ranges" of fees by calling Mr. Vincent Oreo or Mr. Michael Gmitro at (212) 412-0355. Standard & Poor's/Municipal Finance Department billing & fee: policy for insured debt issuances is as follows: L Each insured obligation will be billed a rating service fee. Fees are payable, in full, by the issuing entity, underwriter. financial advisor or purchaser of insurance - depending upon the structuring of the debt obligation. Multiple insurance policies may be a basis for additional fee charges beyond normal fees. IL When insurance is obtained on an issuance where SkP has not received an application for a rating on an uninsured basis, the invoice for rating lervices will be billed and forwarded to the purchaser of the insurance, unless otherwise advised (see attached). If rating fees are to be paid by other than the purchasers of the insurance, S&P MUST BE NOTIFIED WHOM TO BILL. ID. When an issue has received an S&P ruing on an uninsured basis and the issue then subsequently is insured at the time of sale, S&P will biU thie issuer or other appropriate party of the debt without any additional charges for the insured rating ("AAA" or *SP. 1+0). Bond Insurance Administration/Fee Policy & Billing Adtninisntration Arthur J. Grill, Senior Vice President 212/412-0355 Vincent Orgo, Administrative Officer 212/412-0355 Michael Gmitro, Pricing Specialist 212/412-0355 Fax Number 212/208-8262 FinancinlGuaranh Insurance Compilly (To be printed on the Bonds) STATEMENT OF INSURANCE EXHIBIT B Financial Guaranty Insurance Company ("Financial Guaranty") has issued a policy containing the following provisions with respect to the Indian River County, Florida Watar anti Sewer Revenue Bonds, Series 1996 (the "Bonds"), such policy being on file at the principal office of the Paying Agent, as paying agent (the "Paying Agent"): Financial Guaranty hereby unconditionally and irrevocably agrees to pay for disbursement to the Bondholders that portion of the principal of and interest on the Bonds which is then due for payment and which the issuer of the Bonds (the "Issuer") shall have failed to provide. Due for payment means, with respect to the principal, the stated maturity date thereof, or the date on which the same shall have been duly called for mandatory sinking fund redemption and does not refer to any earlier date on which the payment of principal of the Bonds is due by reason of call for redemption (other than mandatory sinking fund redemption), acceleration or other advancement of maturity, and with respect to interest, the stated date for payment of such interest. Upon receipt of telephonic or telegraphic notice, subsequently confirmed in writing, or written notice by registered or certified mail, from a Bondholder or the Paying Agent to Financial Guaranty that the required payment of principal or interest has not been made by the Issuer to the Paying Agent, Financial Guaranty on the due date of such payment or within one business day after receipt of notice of such nonpayment, whichever is later, will make a deposit of funds, in an account with State Street Bank and Trust Company, N.A., or its successor as its agent (the "Fiscal Agent"), sufficient to make the portion of such payment not paid by the Issuer. Upon presentation to the Fiscal Agent of evidence satisfactory to it of the Bondholder's right to receive such payment and any appropriate instruments of assignment required to vest all of such Bondholder's right to such payment in Financial Guaranty, the Fiscal Agent will disburse such amount to the Bondholder. As used herein the term "Bondholder" means the person other than the Issuer who at the time of nonpayment of a Bond is entitled under the terms of such Bond to payment thereof. The policy is non -cancellable for any reason. FINANCIAL GUARANTY INSURANCE COMPANY Financial Guanuuv himminrr Cnmpam EXHIBIT C (Disclosure Language For Official Statement) Bond Insurance Concurrently with the issuance of the Bonds, Financial Guaranty Insurance Company ("Financial Guaranty") will issue its Municipal Bond New Issue Insurance Policy for the Bonds (the "Policy"). The Policy unconditionally guarantees the payment of that portion of the principal of and interest on the Bonds which has become due for payment, but shall be unpaid by reason of nonpayment by the Indian River County, Florida. Financial Guaranty will make such payments to State Street Bank and Trust Company, N.A., or its successor as its agent (the "Fiscal Agent"), on the later of the date on which such principal and interest is due or on the business day next following the day on which Financial Guaranty shall have received telephonic or telegraphic notice, subsequently confirmed in writing, or written notice by registered or certified mail, from an owner of Bonds or the Paying Agent of the nonpayment of such amount by the Indian River County, Florida. The Fiscal Agent will disburse such amount due on any Bond to its owner upon receipt by the Fiscal Agent of evidence satisfactory to the Fiscal Agent of the owner's right to receive payment of the principal and interest due for payment and evidence, including any appropriate instruments of assignment, that all of such owner's rights to payment of such principal and interest shall be vested in Financial Guaranty. The term "nonpayment" in respect of a Bond includes any payment of principal or interest made to an owner of a Bond which has been recovered from such owner pursuant to the United States Bankruptcy Code by a trustee in bankruptcy in accordance with a final, nonappealable order of a court having competent jurisdiction. The Policy is non -cancellable and the premium will be fully paid at the time of delivery of the Bonds. The Policy covers failure to pay principal of the Bonds on their respective stated maturity dates or dates on which the same shall have been duly called for mandatory sinking fund redemption, and not on any other date on which the Bonds may have been otherwise called for redemption, accelerated or advanced in maturity, and covers the failure to pay an installment of interest on the stated date for its payment. Generally, in connection with its insurance of an issue of municipal securities, Financial Guaranty requires, among other things, (i) that it be granted the power to exercise any rights granted to the holders of such securities upon the occurrence of an event of default, without the consent of such holders, and that such holders may not exercise such Financial Guarnnly In,uranoo, Company EXHIBIT C Continued rights without Financial Guaranty's consent, in each case so long as Financial Guaranty has not failed to comply with its payment obligations under its insurance policy; and (ii) that any amendment or supplement to or other modification of the principal legal documents be subject to Financial Guaranty's consent. The specific rights, if any, granted to Financial Guaranty in connection with its insurance of the Bonds are set forth in the description of the principal legal documents appearing elsewhere in this Official Statement. Reference should be made as well to such description for a discussion of the circumstances, if any, under which the Indian River County, Florida is required to provide additional or substitute credit enhancement, and related matters. This Official Statement contains a section regarding the ratings assigned to the Bonds and references should be made to such section for a discussion of such ratings and the basis for their assignment to the Bonds. Reference should be made to the description of the issuer for a discussion of the ratings, if any, assigned to such entity's outstanding parity debt that is not secured by credit enhancement. The Policy is not covered by the Property/Casualty Insurance Security Fund specified in Article 76 of the New York Insurance Law. Financial Guaranty is a wholly-owned subsidiary of FGIC Corporation (the "Corporation"), a Delaware holding company. The Corporation is a subsidiary of General Electric Capital Corporation ("GE Capital"). Neither the Corporation nor GE Capital is obligated to pay the debts of or the claims against Financial Guaranty. Financial Guaranty is a monoline financial guaranty insurer domiciled in the State of New York and subject to regulation by the State of New York Insurance Department. As of September 30, 1995, the total capital and surplus of Financial Guaranty was approximately $999,500,000. Financial Guaranty prepares financial statements on the basis of both statutory accounting principles and generally accepted accounting principles. Copies of such financial statements may be obtained by writing to Financial Guaranty at 115 Broadway, New York, New York 10006, Attention: Communications Department (telephone number: (212) 312-3000) or to the New York State Insurance Department at 160 West Broadway, 18th Floor, New York, New York 10013, Attention: Financial Condition Property/Casualty Bureau (telephone number: (212) 602-0389) . carter\commit\indian.doc EXHIBIT C PRELIMINARY OFFICIAL STATEMMIT > PRELIMINARY OFFICIAL STATEMENT DATED MARCH 7, 1996 S This Prallmbtaty O&W Statement 6 "Deemed Final" by the County as of Its date for purposes o4 NEW ISSUE end a sept for mislo omiwbns perteltted by, SEC Rale 13c2-12(b) (1). Rail Shn (See "Rallap" banV) 15 In the opGUon of eryanf Miller and OIty , PA., Bond Com* auumins eompltana wUh amain covenants in the 1996 Resolution (asr h� J3 def 6wd), ueder a dstIV Taws roguIadorer and Judictal deci,Nonx interest on the Serlsr 1996 Bondr it excluded from arae income for p-W-1 ojj 2 as t5 Income taxation and b not an iter" of tax pnjennoe jos purparer oJ'the jtderol alternative minimum tax Impcusd on Ind hldua4 and a ,,, howe er a portion ojthe innrest on the Series 1996 Bonds owned bye tions may be sub/at to the federal alternative minimum tax whichff 3 in part on a4/usted current earning. The Seder 1996 Bonds are exempt from taxation under the laws of the State of Florida except ar to mate taxes and 8 t aoaebt oar d by Chapter 170, Florida Statutes, at amended on interest, income or profits on debt obllptlons owed by corporations, banks and saving e See "Tax Exemption" herrin jar a description of certain federal minimum and other special taxes that may affect the tax treatment of W~ on the Seder 1996 Bonds. o' $38,M,000t INDIAN RIVER COUNTY, FLORIDA WATER AND SEWER REVENUE BONDS SERIES 1996 D"- March 1,15x% Doer September 1, u sham below The Water and Sewer Revenue Bonds, Series 1996 (the "Series 1996 Bonds") arc being issued by Indian River County, Florida (the "County") in fully mBistered farm in denominations of $5,000 or any integral multiple thereof. Interest on the Sena 19% Bonds b le semiannually on March 1 e sad September 1, commencing September I, 19%, by check or draft or, at the option of the registered owners of $1,000,000 or more in principal amount g " _ of then Series 19% Bonds, by domestic wire under, of The Chase Manhattan Bank, N.A., New York, New Yore, as Parisi Agent (' a Agent"), r made out and mailed to the Registered Owner, u shown on the rcgllstration books of the County maintained by The Chug Manhattan BsnL N,A., New o York, Now York, es Bond Registrar ("Bond Registrar"), on the fifteenth day of the month next preceding the applicable interest payment date and ss n r-N otherwise described heroin. a principal of the Series 19% Bonds, when due, and any premium thereon will be payable upon presentation and surrender thereof at the principal corporate trust office of the Paying Agent. The Series 1996 Bonds aro subject to optional and mandatory redemption prior to maturity u set forth berein. yThe Serle 1996 Bonds aro being issued pursuant to the authority of the Constitution and laws of the State of Florida, includlnt Chapter 125, Florida Statutes, and other applicable provisions of law (the "Act") and Indian River County Resolution No. 93-80, as amended and supplemented (edlactively, the "Muter Bond Resolution"). including, but not limited to, amendments and supplements made by Resolution No. 9630, adopted by o the County on February 20, 19% (the "1996 Resolution"), as the same may be amended and supplemented. a The Seder 1996 Bonds aro being issued by the County to provide funds, together with certain other IegaBy available funds, to (i) make certain eariltol improvements and additions to the water and sewer system owned and operated by the County (u described under "SERIES 19% -P OJECfS" herein); (ii) reimburse the County for the cat of acquiring (including tie in costa) a water and sewer system from the City of Sebasdae, Florida, (W) rchass for deposit to the Reserve Account established under the Muter Bond Resolution a surety bond in an amount equal to the Reserve RRequ went for the Series 1996 Bonds, (iv) fund the Sinking Fund in an amount to pay a portion of the interest Ant coming due on the g_ Series 19 6 Bonds, and (v) pay certain cats incurred in connection with the issuance of the Seri. If% Bonds. all as mora particularly described S O herein. 32 Payment of the principal of and interest on the Series 1996 Bonds when due will be insured by a municipal bond insurance policy to be issued by .s Financial Guaranty Insuraaa Company simultaneously with the delivery of the Series 1996 Bonds. See' MUNICIPAL BOND INSURANCE' aEs herd". Fbnanew Guaranty Insurance Company H y The Sella 1996 Bonds are limited obligations of the County. The Series 196 Bonds are payable b the County from, and secured by a Ben upon and pledge of the Pledged Funds, consisting of the Net Revenues (ss herein defined), amounts on deposit in the Sinking Fund, the Bond Amortisation " *g Account and the Reserve Account established under the Muter Bond Resolution, together with any other receippts, revenues and Ands plow thereunder, on a parity with the $47.190,000 Indian River County, Florida, Water and Sewer Revenue Bonds, Series 1993A currently outstanding is the ,= of $45,475 000 and the $3,330,000 Indian Riva County, Florida, Water and Sewer Revenue Bonds, Series 19938, currently outstanding in the amount of $2,100,b00. NEITHER THE COUNTY THE STATE OF FLORIDA NOR ANY POLITICAL SUBDIVISION THEREOF HAS PLEDGED ITS FULL FAITH OSHALL EVElt CREDIff R HAlt VE RIGHTRTO G M EL THE PAYMENT XERCISE OF ANY AD VALOREM OF THE SERIES 19% BONDS. NO POWER THE V g OR TAXATION IN THE FORM OF ANY REAL. PROPERTY THEREIN TO PAY THE SERIES I ti BONDS OR THE LNTEREST DUE THEREON NOR RE ENTITLED TO PAYMENT OF THE SERIFS 19% BONDS FROM ANY FUNDS OF THE COUNTY EXCEPT AS DESCRIBED HEREIN. SERIES 1906 BONDS MATURITIES, AMOUNTSS, INTERESTSerb) Bonds S, PRICE OR YIELDS• `. to" Pflocw low" S' Matter � -RM YMis MON&I Ameut RM YM .G $ % —% $ % iJ $ % Term Bonds, , due _ Price C0 R m Yield % uPrice S to Yield 9i (plus accrued interest from March 1, 1996) y This cover contain certain information for quick reference only. it it not a summary of this issue. Investors must read the entire OAldal Statement to obtain information essential to the making of an informed investment decision. The Serio 196 Bonds are offered when, a and if issued and received by the Underwriters, subject to the�pp�v� of lepllry by Bryryou►t, Miller and Oft P.A., Tdlahwee, Florida, Bond Couneel to the County. Certain legal matters wW be pasecd upon for the County by Cicala PVitunac, Esquire Cowl, CoAttomey and by Bryant, Miller and Olive, P.A., Disclosure Counsel. Fishkind t Associate, Inc., Orlando, Florida b nn* as l g Advisor to the Canty with respect to the Soria 1996 Bonds. It is expected that the Soria 1996 Bonds witl be available for delivery in New York, New York, in dd dtiw form on or about , 19%. William B. Neu# & Ca Dated 19% Smith Barney Inc. Preliminary, subject to change. INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners Fran B. Adams, Chairman Carolyn K Eggert, Vice Chairman Kenneth R. Macht John W. Tippin Richard N. Bird Clerk of the Circuit Court and Ex-OfAcio Clerk to the Board of County Commissioners Jeffrey K Barton County Administrator James E. Chandler County Attorney Charles P. Vitunac Director of Office of Management and Budget Joseph A. Baird Director of Utilities Terrance G. Pinto Bond Counsel Bryant, Miller and Olive, PA. Tallahassee, Florida Financial Advisor Fishkind & Associates, Inc. Orlando, Florida Certified Public Accountant Berger/Harris/Toombs/Elam & McAlpin Vero Beach, Florida No dealer, broker, sales representative or any other person has been authorized by the County or the Underwriters to give any information or to make any representations, other than those contained in this Official Statement, and, if given or made, such other information or representations must not be relied upon as having been authorized by the foregoing. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy and there shall be no sale of the Series 1996 Bonds by any person in any jurisdiction in which it is unlawful for such person to make such offer, solicitation or sale. The information set forth herein has been obtained from the County, the Bond Insurer and other sources which are believed to be reliable, but is not guaranteed as to accuracy or completeness nor is such information to be construed as a representation by the Underwriters or, as to information from other sources, the County. The information and the expressions of opinions contained herein 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, the System, or the Bond Insurer since the date hereof or the earliest date as of which such information is given. IN CONNECTION WITH THE OFFERING OF THE SERIES 1996 BONDS, THE UNDERWRITERS MAY OVERALIAT OR EFFECT TRANSACTIONS THAT MAY STABILIZE OR MAINTAIN THE MARKET PRICE OFTHE SERIES 1996 BONDS AT LEVELS ABOVE THOSE WHICH MIGHT OTHERWISE PRE- VAIL IN THE OPEN MARKET. SUCH STABILIZATION, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME. TABLE OF CONTENTS INTRODUCTION................................................................ 1 PURPOSE OF THE SERIES 1996 BONDS ............................................. 2 DESCRIPTION OF THE SERIES 1996 BONDS ......................................... 2 General................................................................ 2 Mandatory Redemption...................................................... 2 OptionalRedemption....................................................... 3 Notice of Redemption..................................................... 4 Registration, Transfer, and Exchange ............................................ 4 SECURITY AND SOURCES OF PAYMENT ........................................... 4 Pledged Funds.. .................................................. .... 4 Pledge of 1989 Special Assessment Revenues ...................................... 6 Pledge of 1990 Special Assessment Revenues .... .. 7 Extraordinary Mandatory Redemption of Series 1993B Bonds .......................... 8 Pledge of 1996 Special Assessment Revenues ...................................... 8 RateCovenant............................................................. 8 ReserveAccount........................................................... 9 Flow of Funds for the Bonds...............................................10 Additional Parity Bonds ...................................................... 11 Junior Lien Bonds.......................................................... 12 ESTIMATED SOURCES AND USES OF FUNDS ....................................... 12 MUNICIPAL BOND INSURANCE AND DEBT SERVICE RESERVE FUND POLICY ........... 13 BondInsurance ..................................................... 13 Debt Service Reserve Fund Policy .............................................. 13 Ratings.................................................................. 14 Financial Guaranty Insurance Company .......................................... 14 DEBT SERVICE SCHEDULE...................................................... 15 THESYSTEM................................................................. 15 General................................................................. 15 SystemStaff ............................................................... 16 Water and Sewer Customers .................................................. 17 Rate Structure......................................................... I... 18 SelectedFrtancial Data ...................................................... 20 SystemAnalysis Summary .................................................... 22 Water and Sewer Five Year Capital Improvement Plan ............................... 24 SERIES 1996 PROJECTS.......................................................... 24 WaterProjects............................................................. 24 SewerProjects............................................................. 25 LITIGATION................................................................... 25 TAX EXEMPTION .... ..................................................... 26 Tax Treatment of Original Issue Discoant......................................... 27 RATINGS...................................................................... 27 DISCLOSURE PURSUANT TO SECTION 517.051, FLORIDA STATUTES .................... 27 FINANCIAL STATEMENTS........................................................ 28 UNDERWRITING............................................................... 28 APPROVAL OF LEGALITY........................................................ 28 INVESTMENT POLICY........................................................... 28 ADVISORS AND CONSULTANTS................................................... 29 ACCURACY AND COMPLETENESS OF THE OFFICIAL STATEMENT ..................... 29 ADDITIONAL INFORMATION..................................................... 29 CONTINUING DISCLOSURE...................................................... 30 AUTHORIZATION OF OFFICIAL STATEMENT ....................................... 30 APPENDIX A - GENERAL INFORMATION CONCERNING INDIAN RIVER COUNTY, FLORIDA APPENDIX B - FINANCIAL STATEMENTS OF THE COUNTY FOR FISCAL YEAR ENDED SEPTEMBER 30, 1995 APPENDIX C 'MASTER BOND RESOLUTION APPENDIX D 'FORM OF OPINION OF BOND COUNSEL APPENDIX E - SUMMARY OF CONTINUING DISCLOSURE CERTIFICATE APPENDIX F - SPECIMEN MUNICIPAL BOND INSURANCE POLICY $38,380,000• INDIAN RIVER COUNTY, FLORIDA Water and Sewer Revenue Bonds Series 1996 INTRODUCTION This Official Statement, which includes the cover page and the appendices hereto, furnishes certain information relating to the sale by Indian River County, Florida (the "County") of $38,380,000• aggregate principal amount of its Water and Sewer Revenue Bonds, Series 1996 (the "Series 1996 Bonds"). The Series 1996 Bonds are being issued pursuant to the authority of the Constitution and laws of the State of Florida, including Chapter 125, Florida Statutes, and other applicable provisions of law (the "Act") and Indian River County Resolution No. 93-80, as amended and supplemented (collectively, the "Master Bond Resolution"), including, but not limited to amendments and supplements made by Resolution No. 96-30 adopted by the County on February 20, 1996 (the "1996 Resolution"), on a parity with the $47,190,000 Indian River County, Florida, Water and Sewer Revenue Bonds, Series 1993A currently outstanding in the amount of $45,475,000 (the "Series 1993A Bonds") and the $3,330,000 Indian River County, Florida, Water and Sewer Revenue Bonds, Series 1993B, currently outstanding in the amount of $2,100,000 (the "Series 1993B Bonds" collectively with the Series 1993A Bonds, the "Series 1993 Bonds"). The Series 1996 Bonds together with the Series 1993 Bonds and any additional parity bonds hereafter issued are herein referred to as the "Bonds." The Series 1996 Bonds are limited obligations of the County, payable from and secured by a Gen upon and pledge of the Net Revenues (as herein defined) of the water and sewer system owned and operated by the County (the "System"), amounts on deposit in the Sinking Fund, the Bond Amortization Account and the Reserve Account established under the Master Bond Resolution, together with any other receipts, revenues and funds pledged thereunder (the "Pledged Funds"), on a parity with the Series 1993 Bonds. Neither the County, the State of Florida nor any political subdivision thereof has pledged Its full faith or credit or taxing power to the payment of the Series 19% Bonds. No holder of the Series 1996 Bonds shall ever have the right to compel the exercise of any ad valorem taxing power of the County or taxation in any form of any real property therein to pay the Series 1996 Bonds or the interest due thereon nor be entitled to payment of the Series 19% Bonds from any funds of the County except as described herein. Payment of the principal of and interest on the Series 1996 Bonds, when due, will be insured by a municipal bond insurance policy (the "Policy") issued by Financial Guaranty Insurance Company (the "Bond Insurer") simultaneously with the delivery of the Series 1996 Bonds. See "MUNICIPAL BOND INSURANCE" herein. The references, excerpts, and summaries of all documents referred to herein do not purport to be complete statements of the provisions of such documents, and are made subject to all of the detailed provisions of such documents, to which reference is directed for full and complete statements of all matters relating to the Master Bond Resolution, the 1996 Resolution, the Series 1996 Bonds, the security for the payment of the Series 1996 Bonds and rights and obligations of the holders of the Series 1996 Bonds. Copies of these documents are available from Jeffrey K. Barton, Clerk of the Circuit Court, Indian River County, 1840 251h Street, Vero Beach, Florida 32960. Capitalized terms used but not defined herein have the same meaning as in the Master Bond • Preliminary, subject to change. Resolution unless the context would clearly indicate otherwise. A copy of the Master Bond Resolution is attached hereto as Appendix C. PURPOSE OF THE SERIES 1996 BONDS The Series 1996 Bonds are being issued by the County to provide funds, together with certain other legally available funds, to (i) make certain capital improvements and additions to the County's System (as described below under "SERIES 1996 PROJECTS"); (u) reimburse the County for the cost of acquiring (including tie in costs) a water and sewer system from the City of Sebastian, Florida, (iii) purchase for deposit to the Reserve Account established under the Master Bond Resolution a surety bond in an amount equal to the Reserve Requirement for the Series 1996 Bonds, (iv) fund the Sinking Fund in an amount to pay a portion of the faterest first Coming due on the Series 1976 Bonds, and (v) pay certain costs incurred in connection with the issuance of the Series 1996 Bonds, all as more particularly described herein. DESCRIPTION OF THE SERIES 1996 BONDS The Series 1996 Bonds will be dated March 1,1996; will bear interest from such date at the rates per annum asset forth on the cover page hereof, payable semiannually on each March 1 and September 1, commenc- ing September 1,1996; and will mature on September 1 in the years and principal amounts as set forth on the cover page hereof. The Series 1996 Bonds will be issued in fully registered form in denominations of $5,000 and any integral multiple thereof. Interest on the Series 1996 Bonds is payable by check or draft or, at the option of the registered owners (the "Registered Owners") of $1,000,000 or more in principal amount of the Series 19% Bonds, by domestic wire transfer, of The Chase Manhattan Bank, NA., New York, New York, as Paying Agent ("Paying Agent'), made out and mailed to, or in the case of a woe transfer of funds pursuant to the written instructions of, the Registered Owner, as shown on the registration books of the County, maintained by The Chase Manhattan Bank, NA., New York, New York, as Bond Registrar ("Bond Registrar"), on the fifteenth day of the month next preceding the applicable interest payment date and as otherwise described herein. The principal of the Series 1996 Bonds, when due, and any premium thereon will be payable upon presentation and surrender thereof at the principal corporate trust office of the Paying Agent. The Series 1996 Bonds may be transferred or exchanged for Series 1996 Bonds of other authorized denominations at the principal corporate trust office of the Bond Registrar. Muddery Redemption The Series 1996 Bonds maturing on September 1, , are subject to mandatory redemption prior to maturity in part (including portions of Bonds) at a price equal to 100% of the principal amount thereof plus accrued interest thereon on September 1 in the years and amounts set forth below: Principal 11K Amount (maturity) The Series 1996 Bonds maturing on September 1, , are subject to mandatory redemption prior to maturity in part (including portions of Bonds) at a price equal to 100% of the principal amount thereof plus accrued interest thereon on September 1 in the years and amounts set forth below. Principal -YAK Amount (maturity) The Series 1996 Bonds maturing on September 1, , are subject to mandatory redemption prior to maturity in part (including portions of Bonds) at a price equal to 100% of the principal amount thereof plus accrued interest thereon on September 1 in the years and amounts set forth below: Principal -YAK Amount (maturity) The County may apply moneys in the Bond Amortization Account to the purchase of Series 1996 Bonds subject to mandatory redemption (the "Series 1996 Term Bonds") at prices not greater than par plus accrued interest and apply the principal amount of any Series 1996 Term Bonds so purchased as a credit against and in fulfillment of amortization installments required on the Series 1996 Term Bonds of the same maturity. If the County shall purchase or call for redemption in any year Series 1996 Term Bonds in excess of the amortization installment requirement for such year, such excess of Series 1996 Term Bonds so purchased or redeemed shall be credited against subsequent mandatory redemption of the Series 1996 Term Bonds at such times and amounts as the County may direct. To the extent the County's obligation to make installments in a particular year is fulfilled through such purchases, the likelihood of redemption through such installments of any Registered Owner's Series 1996 Bonds of the maturity so purchased will be reduced for such year. Opttlonal Redemption The Series 1996 Bonds maturing prior to September 1, , shall not be subject to redemption prior to their respective dates of maturity. The Series 1996 Bonds stated to mature on or after September 1, , are subject to redemption at the option of the County in whole or, from time to time, in part on September 1, or on any date thereafter at the respective redemption prices set forth below, expressed as percentages of the principal amount to be redeemed, plus accrued interest to the date of redemption. Redemption Period Redemption Price September 1, through August 31, _ % September 1, through August 31, %n September 1, and thereafter % If fewer than all of the Series 1996 Bonds are to be so redeemed, the County may select the maturity or maturities to be redeemed. If fewer than all of the Series 1996 Bonds of any particular maturity are to be redeemed, the Bond Registrar will select by lot the particular Series 1996 Bonds or portions of Series 1996 Bonds of such maturity to be redeemed. The portion of any Series 1996 Bond of a denomination of more than 55,000 to be redeemed will be in the principal amount of $5,000 or an integral multiple of that sum. Notice of Redesapdon Nodi of the intention to redeem the Series 1996 Bonds in whole or in part will be mailed by the Paying Agent, by first elm mail, to the Registered Owners of the Series 1996 Bonds to be redeemed in whole or in part not more than 45 days and not less than 30 days prior to the date fixed for redemption, at their respective addresses as shown on the registration books, in accordance with the terms of the Master Bond Resolution. Such notice is to specify the series, maturities and numbers of Series 1996 Bonds to be redeemed (including the CUSIP number); the date fixed for redemption; the redemption price or prices applicable to the Series 1996 Bonds to be redeemed; and that on the date fixed for redemption such Series 1996 Bonds will be payable at the principal corporate trust office of the Paying Agent and that after such date interest shall cease to accrue on such Series 1996 Bonds. if Registered Owners of all such Series 1996 Bonds to be redeemed file written waivers of notice with the Paying Agent, such Series 1996 Bonds may be redeemed on the redemption date without neces- sity of notice by mailing. Failure to mail any notice of redemption or any defect therein or in the mailing thereof will not affect the validity of any proceeding for redemption of other Series 1996 Bonds called for redemption. Registration, Transfer, and Exchange All Series 1996 Bonds presented for transfer, exchange, redemption, or payment (if so required by the County or the Bond Registrar) shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and with guaranty of signature satisfactory to the County or the Bond Registrar, duly executed by the Registered Owner or by his duly authorized attorney. The County and the Bond Registrar may charge the Registered Owner a sum sufficient to reimburse them for any expenses incurred in making any exchange or transfer. The Bond Registrar or the County also may require payment from the Registered Owner or his transferee, as the case may be, of a sum sufficient to cover any tax, fee, or other governmental charge that may be imposed in relation thereto. Such charges and expenses shall be paid before any such new Series 1996 Bond shall be delivered. The County and the Bond Registrar may treat the Registered Owner of any Series 1996 Bond as the absolute owner thereof for all purposes, and shall not be bound by any notice to the contrary. SECURITY AND SOURCES OF PAYMENT Pledged Funds The Bonds are limited obligations of the County. The Bonds will be payable by the County solely from and secured by a Gen upon and pledge of the Pledged Funds, consisting of the Net Revenues of the System, amounts on deposit in the Sinking Fund, the Bond Amortization Account and the Reserve Account established under the Master Bond Resolution, together with any other receipts, revenues and funds pledged thereunder, on a parity with the Series 1993 Bonds. Neither the County, the State of Florida, nor any political subdivision thereof has pledged Its full faith or credit or taxing power to the payment of the Bonds. No holder of the Bonds shall ever have the right to compel the exercise of any ad valorem taxing power of the County or taxation In any form of any real property tbeteln to pay the Bonds or the Interest due thereon nor be entitled to payment of the Bonds from any funds of tk County acept as described herein. Subject to the release of security as discussed below, "Net Revenues" for purposes of the Bonds means Revenues less Operating Expenses. "Revenues" as used herein means: (i) all receipts and revenues of the County derived from the imposition, collection, and enforcement of uniform water and sewer service rates, fees and charges for the use of and the services furnished or to be furnished by the facilities constituting the System, including the earnings and interest income derived from the investment of the moneys on deposit in various funds and accounts established in connection with the System (the "Uniform Charges") but excluding Surcharges, Impact Fees, Special Assessments (other than those expressly discussed herein), Franchise Fees, and Fees in lieu of Franchise Fees; (ii) certain Special Assessments (as described below under "Pledge of 1989 Special Assessment Revenues", "Pledge of 1990 Special Assessment Revenues" and "Pledge of 1996 Special Assessment Revenues" herein), (w) all receipts and revenues of the County received from the operation of the System for the treatment of septage and grease; (iv) all North Beach Water Surcharges (as hereinafter defined) for services furnished by the North Beach Water System (as defined hereinafter); (v) with the consent of the Bond Insurer, so long as any Series 1996 Bonds are outstanding, such Surcharges, Impact Fees, Special Assessments (other than those expressly pledged), Franchise Fees, and Fees in lieu of Franchise Fees as the County, by resolution, may pledge specifically in connection with the Bonds; and (vi) with the consent of the Bond Insurer, so long as any Series 1996 Bonds are outstanding, such other revenues of the County as the County, by resolution, may pledge specifi- cally in connection with the Series 1996 Bonds. As defined in the Master Bond Resolution, the term "Operating Expenses" means the current expenses paid or accrued for the operation, maintenance and repair of all facilities constituting a part of the System, as determined in accordance with generally accepted accounting principles, and shall include, without limiting the generality of the forgoing, insurance premiums, administrative expenses of the County related solely to the System, costs of labor, materials and supplies used for such operation and charges for the accumulation of the appropriate reserves for current expenses not annually recurrent but which are such as may reasonably be expected to be incurred in accordance with such accepted accounting methods, but shall exclude payments into the Sinking Fund or the Reserve Account therein and any allowances for depreciation or for renewals or replacements of capital assets of the System. THE REVENUES PLEDGED IN CONNECTION WITH THE BONDS INCLUDE ONLY THE UNIFORM CHARGES OF THE SYSTEM AND DO NOT INCLUDE ANY SURCHARGES, IMPACT FEES, SPECIAL ASSESSMENTS (OTHER THAN THOSE EXPRESSLY DISCUSSED HEREIN), FRANCHISE FEES, FEES IN LIEU OF FRANCHISE FEES, OR OTHER REVENUES OF THE SYSTEM, EXCEPT CERTAIN RECEIPTS, REVENUES, AND SURCHARGES DESCRIBED IN (iii) AND (iv) ABOVE. The County may, by resolution of the Board of County Commissioners filed with the Clerk of the Board of County Commissioners, except and release from the foregoing pledge and lien, and the phrase "Revenues" as used in connection with the Bonds, shall no longer include the receipts and revenues of the County derived from the Uniform Charges for the use of and services furnished or to be furnished by any water and/or sewer facilities constituting a physically independent system of the County or any Impact Fees, Special Assessments, Surcharges, Franchise Fees, Fees in lieu of Franchise Fees, or other receipts and revenue (other than Uniform Charges) theretofore pledged in connection with the Bonds, if there shall be filed with the Clerk of the Board of County Commissioners the following: (1) A certificate of an independent firm of certified public accountants of suitable experience and responsibility: (i) stating that the books and records of the County relating to the collection and receipt of the Revenues and the Operating Expenses have been audited by them for the Fiscal Year immediately preceding the date of the proposed release of such receipts and revenues from the pledge hereunder or for any twelve (12) consecutive month period out of the eighteen (18) consecutive months immediately preceding such date; (H) setting forth the Revenues, the Uniform Charges, the Operating Expenses and the Net Revenues for the audited period referred to in (i) above, with respect to which such certificate is made; and (iii) stating that the Net Revenues, adjusted to give effect to the proposed release of such receipts and revenues as if the same has occurred at the beginning of such audited period, were equal to at least :.20 times the largest amount of principal and interest which will mature and become due in any Fiscal Year thereafter on all Bonds then outstanding. For purposes of (iii) above (A) Revenues, Uniform Charges, and Operating Expenses may be further adjusted so as to fairly represent the operation of the System, provided that the amount and a detailed reason for such adjust- ment is set forth in such certificate; (B) Net Revenues may also be adjusted for (I) the pro forma effect of rates implemented prior to the proposed release of such receipts and revenues and (II) new customers added to the System during the test period; and (C) any amounts owed to the issuer of a Reserve Account Credit Instrument as a result of a draw thereon, as appropriate, shall be added to the principal and interest payable on Bonds to determine compliance with the foregoing test; (2) A certificate of the chief financial officer of the County stating that the County has established and will maintain a separate accounting of all revenues and expenses in connection with any such independent system or with respect to such Impact Fees, Surcharges, Special Assessments, Franchise Fees, Fees in lieu of Franchise Fees, or other receipts and revenues to be released, apart from the Pledged Funds; and (3) Written consent of the bond insurer for the Series 1993 Bonds, if the insurance policy for the Series 1993 Bonds is then in effect. All or any part of the certificate required under subparagraph (1) above may be rendered by consulting engineers, consultants, or other persons with requisite knowledge and experience who are not reasonably objected to by the Bond Insurer. Pledge of 1989 Special Assessment Revenues Authorization for 1989 s2We«„"sments, In accordance with Chapter 125, Florida Statutes, the County entered into an Intergovernmental Agreement with the City of Sebastian, Florida (the "City') dated February 3, 1987, for the imposition of special assessments in lieu of impact fees (the "1989 Special Assessments") levied upon certain property, with the consent of the property owners. Pursuant to Ordinance No. 86.88, and Resolution Nos. 87-142,89-12 and 89.20 of the County and Ordinance No. 0.87-01, and Resolution Nos. R-87-85, R-89-07 and R-89.12 of the City and in accordance with the Intergovernmental Agreement (collectively, the "1989 Special Assessment Resolutions") the County authorized the levy of special assessments against certain real property and provided the procedures therefor. Under the 1989 Special Assessment Resolutions, the special assessments, were levied against certain benefitted properties, with the proceeds of the 1989 Special Assessments being used to fund the costs of the expansion of the County sewage system, including the acquisition and construction of the physically independent system known as the "North County Wastewater System." In Fiscal Year 1989, the County issued its Series 1989 Special Assessment Bonds, which were refunded by the Series 1993B Bonds. The Series 1989 Special Assessment Bonds were issued for the purpose of repairing and constructing the North County Wastewater System. Interest On and Prepayment of the 1989 Special ASSOSSMents The 1989 Special Assessments were to be paid in 10 equal annual installments with interest thereon. Pursuant to the terms of the resolutions levying the 1989 Special Assessments, the owner of an assessed property may prepay the balance of the 1989 Special Assessments due on such property in full at any time. In such event, such owner must also pay an appropriate interest and/or prepayment charge as determined by the County at the time of prepayment. The prepayment of a 1989 Special Assessment does not entitle the owner of an assessed property to a discount for early payment. The amount of the 1989 Special Assessments originally totaled $6,081,290, of which $1,870,548 were prepaid prior to the issuance of the Series 1989 Special Assessment Bonds, and of which $3,780,995 has been paid through the end of the fiscal year ending September 30, 1995, and of which $429,747 remains to be paid over the next three years. The historical delinquencies in the payment of the 1989 Special Assessments represent less than 2.5% of the scheduled principal due. The County collects any delinquent amounts through the County Tax Collector utilizing the Uniform Method of collecting non -ad valorem assessments procedures provided by law. All payments and prepayments of 1989 Special Assessments are deposited, as received, into the Revenue Fund. Substantial prepayments may occur in which case a significant portion of the Series 1993B Bonds may be subject to redemption prior to maturity. See "SECURITY AND SOURCES OF PAYMENT" - Extra- ordinary Mandatory Redemption of Series 1993B Bonds" herein. Pledge of 1990 Special Assessment Revenues r iyw bnectat Assessments: In accordance with Chapter 125, Florida Statutes, the County enacted Resolution Nos. 88-100, 88-102, 0103,88-104, and 88-105 on October 11, 1988 (the "Initial 1990 Assessment Resolutions"). The Initial 1990 Assessment Resolutions authorized the levy of special assessments and provided the procedure therefor. Under the Initial Assessment Resolutions, the special assessments are to be levied against certain properties to be connected to the System. On June 1, 1990, the County issued its Series 1990 Special Assessment Bonds, which were refunded by the Series 19938 Bonds. The Series 1990 Special Assessment Bonds were issued for the expansion of the waste- water treatment system of the County, including without limitation reimbursement of a portion of the cost of the acquisition and construction of certain sewer line extensions and the installation of a certain low pressure grinder pump system in the Rockridge sanitary sewer area of the County to service the immediate and future needs of the area. In connection therewith special assessments were levied against certain benefitted property (the "1990 Special Assessments"). f the 1990 Soecial Assessmen The 1990 Special Assessments were to be paid in 120 equal monthly installments with interest thereon. Pursuant to the terms of the resolutions levying the 1990 Special Assessments, the owner of an assessed property may prepay the balance of the 1990 Special Assessments due on such property in full at any time. In such event, such owner must also pay an appropriate interest and/or prepayment charge as determined by the County at the time of prepayment. The prepayment of the 1990 Special Assessments does not entitle the owner of an assessed property to a discount for early payment. The amount of the Series 1990 Special Assessments originally totaled $1,328,250 of which $680,250 were prepaid prior to the issuance of the County's Series 1990 Special Assessments Bonds, of which $437,540 has been paid through the end of the fiscal year ending September 30, 1995, and of which $210,460 remains to be paid over the next three years. The historical delinquencies in the payment of the 1990 Special Assessments represent less than 2.4% of the scheduled principal due. The County collects any delinquent amounts through the County Tax Collector utilizing the Uniform Method of collecting non -ad valorem assessments procedures provided by law. All payments and prepayments of 1990 Special Assessments are deposited, as received, into the Revenue Fund. Substantial prepayments may occur in which case a significant portion of the Series 1993B Bonds may be subject to redemption prior to maturity. See "SECURITY AND SOURCES OF PAYMENT - Extraordinary Mandatory Redemption of Series 1993B Bonds" herein. Extraordinary Mandatory Redemption of Series 1993E Bonds The Series 1993B Bonds are subject to extraordinary mandatory redemption in whole or in part, on any interest payment date, from moneys received on prepayments of the 1989 Special Assessments and the 1990 Special Assessments, at a redemption price equal to the principal amount due thereon plus accrued interest. It is possible that substantial prepayments could occur, which result in a significant portion of the Series 19938 Bonds being redeemed prior to maturity. As of September 30,1995, none of the Series 1993B Bonds have been redeemed as a result of such prepaymeats. See "SECURITY AND SOURCES OF PAYMENT - Pledge of 19139 Special Assessment Revenues" and "SECURITY AND SOURCES OF PAYMENT - Pledge of 1990 Special Assessment Revenues" herein. Neither the Series 1993A Bonds nor the Series 1996 Bonds are subject to Extraordinary Mandatory Redemption from moneys received from prepayments of the 1989 Special Assessments and the 1990 Special Assessments. Pledge of 1996 Special Assessment Revenues On September 29, 1995, the County acquired the water and sewer system within the city limits of the City of Sebastian, Florida (the "City"), pursuant to the Interlocal Agreement For Transfer of City of Sebastian Water and Wastewater System (the "Acquisition Agreement") between the County and the City. A major requirement of the Acquisition Agreement is the City's obligation to enact a three phase assessment program to serve approximately 9,000 parcels in the Sebastian Highlands at a projected cost of approximately $9,000,000 (the "1996 Special Assessments"). The capital improvements and expansions necessary to serve these additional parcels are included as part of the Series 1996 Project and are being initially funded with proceeds of the Series 1996 Bonds. As the three phases are the parcels of property that are specifically benefitted, they will be assessed for the pro -rata share of the costs of the project and the 1996 Special Assessments, as they are imposed, will become a part of the Revenues pledged to the Bonds. It is anticipated that these assessments will be imposed by the City of Sebastian over a period of (three] years, with each special assessment having a ten year installment payment requirement, subject to the right to prepay any such assessments. Any such prepayments will not cause a corollary prepayment of the Series 1996 Bonds or the Series 1993 Bonds. Pledge of Older Assessment Re=venues All Special Assessments levied (if any) in connection with the Series 1996 Projects (see "SERIES 1996 PROJECTS'), and all interest, prepayment charges and penalties in connection therewith received by the County shall be Revenues under the Master Bond Resolution. Rate Covenant The County covenants in the Master Bond Resolution to establish and maintain such Uniform Charges and, as applicable, such Surcharges, Impact Fees, Special Assessments, Franchise Fees, Fees in lieu of Franchise Fees in comteclion with the System, and other receipts and revenues pledged under the Master Bond Resolution, so as to always provide either of the following: (1) Uniform Charges less Operating Expenses sufficient to pay (a) one hundred percent (100%) of all required deposits into the Reserve Account, and (b) one hundred twenty percent (120%) of the amount of principal and interest becoming due in such Fiscal Year on the Bonds outstanding, or (2) When the Revenues include receipts and revenues in addition to Uniform Charges, Net Revenues in each F'utcal Year sufficient to pay (a) one hundred percent (100%) of all required deposits into the Reserve Account, and (b) one hundred twenty percent (120%) of the amount of principal and interest becoming due in such Fiscal Year on the Bonds outstanding; provided, however, that Uniform Charges less Operating Expenses are sufficient to pay (a) one hundred percent (100%) of all required deposits into the Reserve Account, and (b) one hundred percent (100%) of the amount of principal and interest becoming due in such Fiscal Year on the Bonds outstanding. Any amounts owed by the County to the issuer of a Reserve Account Credit Instrument as a result of a draw thereon, as appropriate, shall be added to the principal and interest payable on the Bonds to determine o mpWnee with this rate covenant. Reserve Account The Master Bond Resolution provides for the establishment and maintenance of a Reserve Account within the Sinking Fund. Upon delivery of the Series 1996 Bonds, the County shall deposit into or credit to the Reserve Account a sun equal to the difference between the amount on deposit therein and an amount equal to the lesser of (i) the maximum annual debt service on all the Series 1996 Bonds and the Series 1993 Bonds, or (ii) one and one-quarter (125%) times the average annual debt service on the Series 1996 Bonds and the Series 1993 Bonds (the "Reserve Account Requirement"); provided, however, in no event shall such deposit exceed the maximum amount which would not adversely affect the exclusion of the interest on the Series 1996 Bonds and the Series 1993 Bonds from gross income of the Registered Owners thereof for purposes of federal income taxation. Financial Guaranty Insurance Company has agreed to provide a Debt Service Reserve Fund Policy (the "Reserve Policy") for deposit in the Reserve Account for the Series 1996 Bonds upon delivery of the Series 1996 Bonds. See: "MUNICIPAL BOND INSURANCE - Debt Service Reserve Fund Policy." Moneys on deposit in the Reserve Account shall be applied in accordance with the provisions of the Master Bond Resolution solely for the purpose of the payment of the Bonds when the other moneys in the Sinking Fund are insufficient therefor, and for no other purpose. No further deposits shall be required to be made into the Reserve Account as long as there shall remain on deposit therein (including any Reserve Account Credit Instrument) a sum equal to the Reserve Account Requirement. The value of the Reserve Account, including investments on deposit in the Reserve Account, shall be determined annually at market on the fust day of the Fiscal Year by an independent firm of certified public accountants, who may be the accountants for the County, in accordance with generally accepted accounting principles. Notwithstanding the foregoing, in lieu of, in whole or in part, the required deposits into the Reserve Account, the County may cause to be deposited into the Reserve Account any Reserve Account Credit Instrument meeting the requirements of the Master Bond Resolution. Moneys in the Reserve Account shall be used only for the purpose of the payment of maturing principal of or interest on Bonds when the other moneys in the Sinking Fund are insufficient therefor, and for no other purpose. However, upon the valuation of the Reserve Account in each year, if the moneys applied and allocated to the Reserve Account (except the investment income thereon) exceed the amount required, such excess may be withdrawn and released to the County. If the Reserve Account Requirement shall at any time be satisfied in whole or in part with a qualifying letter of credit and such letter of credit is about to expire or terminate, the County authorizes and directs the Paying Agent to draw upon such letter of credit prior to its expiration or termination to the extent required to fully fund the Reserve Account Requirement unless a replacement Reserve Account Credit Instrument is in place or the Reserve Account is otherwise fully funded in its required amount. 9 Flow of Funds for the Bonds Under the Master Bond Resolution, the County has covenanted that all Revenues shall upon receipt thereof be deposited in the "Water and Sewer Revenue Fund" (the "Revenue Fund"). All Revenues on deposit in the Revenue Fund shall be disposed of by the County only in the following order of priority: (1) First, the County shall transfer in each month to the Operation and Maintenance Fund the amount required to be deposited therein to pay the Operating Expenses due or to become due for such month. (2) Second, the County shall deposit in each month to a fund to be known as the "Water and Sewer Revenue Bonds Sinking Fund" (the "Sinking Fund"), one-sixth (1/6th) of such sum as will be sufficient to pay interest on the Bonds as the same shall become due on the next interest payment date, together with the amount of any deficiency in prior deposits for interest on Bonds, and one -twelfth (1/12th) of the principal of Bonds maturing on the next principal payment date with respect to the Bonds. Such deposits shall take into account the sums, if any, deposited in the Sinking Fund out of proceeds from the sale of Bonds to pay interest thereon and the reduction in the amount of interest payable on Term Bonds on the following interest payment date attributable to the purchase and tender of Term Bonds in lieu of mandatory redemption, if any. In addition, there shall be deposited in the Sinking Fund amounts sufficient to pay the fees and charges of the Paying Agent. (3) Third, the County shall deposit into an account in the Sinking Fund to be known as the 'Bond Amortization Account," one -twelfth (1/12th) of the principal of Bonds subject to mandatory call for redemption on the next principal payment date with respect to the Bonds. (4) Fourth, the County shall deposit into an account in the Sinking Fund to be known as the "Reserve Account," a sum sufficient to increase the amount on deposit in the Reserve Account to the Reserve Account Requirement. Upon the issuance of the Series 1996 Bonds, there shall be on deposit in the Reserve Account an amount equal to the Reserve Account Requirement. However, in no Fiscal Year shall Net Revenues in excess of twenty percent (20%) of the Reserve Account Requirement be required to be deposited in the Reserve Account, except as may be required by Subsection P or Subsection Y of Section 17 of the Master Bond Resolution, unless principal and interest on the Bonds have been paid from the Reserve Account or there is a ten percent (10%,) or more decline in the market value of the Reserve Account. No further deposits shall be required to be made into the Reserve Account as long as there shall remain on deposit therein, including any Reserve Account Credit Instrument, a sum equal to the Reserve Account Requirement. The value of the Reserve Account, including investments on deposit in the Reserve Account, shall be determined annually at market on the fust day of the Fiscal Year by an independent firm of certified public accountants, who may be the accountants for the County, in accordance with generally accepted accounting principles. Furthermore, the County may at any time and from time to time cause to be deposited in the Reserve Account a Reserve Account Credit Instrument and cause an appropriate amount to be withdrawn from the Reserve Account and released to the County. (S) Fifth, moneys in the Revenue Fund shall be applied to the payment of current debt service and reserve requirements of any obligations of the County which have a lien on the Pledged Funds junior and subordinate to the Gen of the Bonds. 10 (6) Sixth, the County may deposit into the "Sewer and Water Renewal and Replacement Fund", created under the Master Bond Resolution, an amount to be determined by the County to be used only for the purpose of paying the coats of extraordinary repairs, renewals, replacements, improvements, extensions and additions with respect to the System. (7) Seventh, the balance of any moneys remaining may be used by the County for any lawful purpose; provided, however, during any period in which the Reserve Policy is in effect, the County has covenanted to withdraw such balance only as of the end of any fiscal year. No further deposits to the Sinking Fund, the Bond Amortization Account or the Reserve Account shall be required whey the aggregate sums deposited therein are and remain at least equal to the sum of all of the principal and interest then due and thereafter and becoming due in all ensuing years for the Bonds then outstanding. Additional Parity Bonds Additional Parity Bonds, payable on a parity with the Bonds from the Pledged Funds ("Additional Parity Bonds"), may be issued from time to time to finance any portion of the costs of the construction and/or acquisition of additions, extensions and improvements to the System, or of any physically separate water or sewer system declared by resolution of the Board of County Commissioners to be part of the System, or for refunding p Before issuing any Additional Parity Bonds, there shall have been obtained and filed with the County a certificate of an independent firm of certified public accountants of suitable experience and responsibility.- (i) esponsibility: (i) stating that the books and records of the County relating to the collection and receipt of the Revenues, the Uniform Charges and the Operating Expenses have been audited by them for the Fiscal Year immediately preceding the date of sale of the proposed obligations or for any twelve (12) consecutive month period out of the eighteen (18) consecutive months immediately preceding the date of sale of the proposed obligations; (u) setting forth the Revenues, the Uniform Charges, the Operating Expenses and the Net Revenues for the audited period referred to in (i) above, with respect to which such certificate is made; and (iii) stating that: (a) during such audited period, the County was in compliance with the rate covenant previously discussed; and (b) the Net Revenues, as adjusted as hereinafter provided, were equal to at least 1.20 times the largest amount of principal and interest which will mature and become due in any Fiscal Year thereafter on all Bonds then outstanding, including the proposed Additional Parity Bonds; amd when the Revenues include receipts and revenues in addition to Uniform Charges, the Unifomn Charges less Operating Expenses, adjusted as hereinafter provided, were equal to at least 1.00 times the largest amount of principal and interest that will mature and become due in any Fiscal Year thereafter on all Bonds outstanding, including the proposed Additional Parity Bonds. For purposes of (iii) above: (A) Revenues, Uniform Charges and Operating Expenses may be adjusted so as to fairly represent the operation of the System, provided that the amount and a detailed reason for each such adjustment is set forth in such certificate; (B) Net Revenues also may be adjusted for (i) the pro forma effect of rates implemented prior to issuance of the Additional Parity Bonds, (ii) new customers added to the System during the test period, (iii) already existing occupied residences or operating business establishments which will be connected to the System upon completion of projects under construction or to be funded with bond proceeds, and (iv) Net Revenues attributable to customers for whom Impact Fees have been paid, and which will be connected to the System upon completion of projects under construction or to be funded with bond 11 proceeds (provided that so long as the Bond Insurance Policy is in effect, not more than 40% of the Net Revenues described in this subclause (iv) shall be used as an adjustment under this clause (B) without the consent of the Bond Insurer); and (C) any amounts owed by the County to the issuer of a Reserve Account Credit Instrument as a result of a draw thereon, as appropriate, shall be added to the principal and interest payable thereon on the Bonds to determine compliance with the foregoing test. Ali or any part of the certificate required under the second paragraph of this subsection may be rendered by consulting engineers, consultants or other persons with requisite knowledge and experience who are not reasonably objected to by the Bond Insurer. Additional Parity Bonds may not be issued at any time while the County is in default in performing any of the coverrta and obligations under the Master Bond Resolution, or all payments herein required to have been made into the accounts and funds, as provided under the Master Bond Resolution, have not been made to the full extent required. The foregoing conditions shall not apply with respect to Additional Parity Bonds the proceeds of which will be used to complete a project a substantial portion of the cost of which has been or will be paid out of the proceeds of Bonds issued under the Master Bond Resolution. The County has covenanted for the benefit of the Registered Owners of the Bonds issued and outstanding under the Master Bond Resolution that the County shall, at the time of issuance of any Additional Parity Bonds, make a deposit to the Reserve Account so that the Reserve Account shall have a value of cash and investments at such time equal to the lesser of (i) the Reserve Account Requirement (including the Additional Parity Bonds and giving effect to the retirement of any Bonds being refunded with proceeds of the Additional Parity Bonds); or (u) the maximum amount as will not adversely affect the exclusion of interest on the Series 1996 Bonds from the gross income of the holders of the Series 1996 Bonds. Junior Lks Bonds The County is authorized to issue obligations other than Bonds payable from the Pledged Funds provided such obligations are junior and subordinate in all respects to the Bonds as to lien on and source and security for payment from the Pledged Funds and such obligations contain an express statement to that effect. ESTIMATED SOURCES AND USES OF FUNDS Sources: Principal Amount of Series 1996 Bonds S Accrued Interest Original Issue Discount Uses: Total Sources $ Deposit to Construction Account S Deposit o to Sinking Total Uses S (1) Includes underwriter's discount and premium for Municipal Bond Insurance Policy and Debt Service Reserve Fund Policy. 12 MUNICIPAL BOND INSURANCE AND DEBT SERVICE RESERVE FUND POLICY Bond Insurance The following information under this heading has been furnished by the Bond Insurer for use in this Official Statement. Reference is made to Appendix F for a specimen of the Bond Insurer's policy. Concurrently with the issuance of the Series 1996 Bonds, the Bond Insurer will issue its Municipal Bond New Issue Insurance Policy for the Series 1996 Bonds (the "Policy"). The Policy unconditionally guarantees the payment of that portion of the principal of and interest on the Series 1996 Bonds which has become due for payment, but shall be unpaid by reasons of nonpayment by the County. The Bond Insurer will make such pay- ments to State Street Bank and Trust Company, NA., or its successor as its agent (the "Fiscal Agent"), on the later of the date on which such principal and interest is due or on the business day next following the day on which the Bond Insurer shall have received telephonic or telegraphic notice, subsequently confirmed in writing, or written notice by registered or certified mail, from an Owner of Series 1996 Bonds or the Paying Agent of the nonpayment of such amount by the County. The Fiscal Agent will disburse such amount due on any Series 1996 Bond to its Owner upon receipt by the Fiscal Agent of evidence satisfactory to the Fiscal Agent of the Owner's right to receive payment of the principal and interest due for payment and evidence, including any appropriate instruments of assignment, that all of such Owner's rights to payment of such principal and interest shall be vested in the Bond Insurer. The term "nonpayment" in respect of a Series 1996 Bond includes any payment of principal or interest made to an Owner of a Series 1996 Bond which has been recovered from such Owner pursuant to the United States Bankruptcy Code by a trustee in bankruptcy in accordance with a final, nonappealable order of a court having competent jurisdiction. The Policy is non -cancellable and the premium will be fully paid at the time of delivery of the Series 1996 Bonds. The Policy covers failure to pay principal of the Series 1996 Bonds on their respective stated maturity dates or dates on which the same shall have been duly called for mandatory sinking fund redemption, and not on any other date on which the Series 1996 Bonds may have been otherwise called for redemption, accelerated or advanced in maturity, and covers the failure to pay an installment of interest on the stated date for its payment. Generally, in connection with its insurance of an issue of municipal securities, the Bond Insurer requires, among other things, (i) that it be granted the power to exercise any rights granted to the holders of such securities upon the occurrence of an event of default, without the consent of such holders, and that such holders may not exercise such rights without the Bond Insurer's consent, in each case so long as the Bond Insurer has not failed to comply with its payment obligations under its insurance policy; and (ii) that any amendment or supplement to or other modification of the principal legal documents be subject to the Bond Insurer's consent. The specific rights, if any, granted to the Bond Insurer in connection with its insurance of the Series 1996 Bonds are set forth in the description of the principal legal documents appearing elsewhere in this Official Statement. Reference should be made as well to such description for a discussion of the circumstances, if any, under which the County is required to provide additional or substitute credit enhancement, and related matters. The Policy is not covered by the Property/Casualty Insurance Security Fund specified in Article 76 of the New York Insurance Law or by the Florida Insurance Guaranty Association. Debt Senice Reserve Fund Polky Concurrently with the issuance of the Series 1996 Bonds, Financial Guaranty Insurance Company (*Financial Gu ranty") will issue its Municipal Bond Debt Service Reserve Fund Policy (the "Reserve Policy). The Reserve Policy unconditionally guarantees the payment of that portion of the principal of and interest on the Series 1996 Bonds which has become due for payment, but shall be unpaid by reason of nonpayment by the County, provided that the aggregate amount paid under the Reserve Policy may not exceed the maximum amount 13 set forth in the Reserve Policy, which maximum amount represents maximum annual debt service on the Series 1996 Bonds. Financial Guaranty will make such payments to the Paying Agent for the Series 1996 Bonds on the later of the date on which such principal and interest is due or on the business day next following the day on which Financial Guaranty shall have received telephonic or telegraphic notice subsequently confirmed in writing or written notice by registered or certified mail from the Paying Agent of the nonpayment of such amount by the County. The term "nonpayment" in respect of a Series 1996 Bond includes any payment of principal or interest made to an owner of a Series 1996 Bond which has been recovered from such owner pursuant to the United States Bankruptcy Code by a trustee in bankruptcy in accordance with a final nonappealable order of a Court having competent jurisdiction. The Reserve Policy is non -cancellable and the premium will be fully paid at the time of delivery of the Series 1996 Bonds. The Reserve Policy covers failure to pay principal of the Series 1996 Bonds on their respective stated maturity dates, or dates on which the same shall have been called for mandatory sinking fund redemption, and not on any other date on which the Series 1996 Bonds may have been accelerated, and covers the failure to pay an installment of interest on the stated date for its payment. The Reserve Policy shall terminate on the earlier of the food maturity date of the Series 1996 Bonds and the date on which Series 1996 Bonds are no longer outstanding under the Master Bond Resolution, as amended and supplemented. Generally, in connection with its issuance of a Reserve Policy, Financial Guaranty requires, among other things, (i) that, so long as it has not failed to comply with its payment obligations under the Reserve Policy, it be granted the power to exercise any remedies available at law or under the authorizing document other than (A) acceleration of the Series 1996 Bonds or (B) remedies which would adversely affect holders in the event that the County fails to reimburse Financial Guaranty for any draws on the Reserve Policy; and (ii) that any amend- ment or supplement to or other modification of the principal legal documents be subject to Financial Guaranty's consent. The specific rights, if any, granted to Financial Guaranty in connection with its issuance of the Reserve Policy are set forth in the description of the principal legal documents appearing elsewhere in this Official Statement. Reference should be made as well to such description for a discussion of the circumstances, if any, under which the County is required to provide additional or substitute credit enhancement, and related matters. The Reserve Policy is not covered by the Property/Casualty Insurance Security Fund specified in Article 76 of the New York Insurance Law. Itatlop This Official Statement contains a section regarding the ratings assigned to the Series 1996 Bonds and references should be made to such section for a discussion of such ratings and the basis for their assignment to The Series 1996 Bonds. See "RATINGS" herein. Financial Guaranty Insurance Company The Bond Insurer is a wholly-owned subsidiary of FGIC Corporation (the "Corporation"), a Delaware holding company. The Corporation is a subsidiary of General Electric Capital Corporation ("GE Capital"). Neither the Corporation nor GE Capital is obligated to pay the debts of or the claims against the Bond Insurer. The Bond Insurer is a monoline financial guaranty insurer domiciled in the State of New York and subject to regulation by the State of New York Insurance Department. As of September 30, 1995, the total capital and surplus of the Bond Insurer was approximately $994,500,000. The Bond Insurer prepares financial statements on the basis of both statutory accounting principles and generally accepted accounting principles. Copies of such financial statements may be obtained by writing to the Bond Insurer at 115 Broadway, New York, New York 10006, Attention: Communications Department (telephone number: (212)312-3000) or to the New York State Insurance Department at 160 West Broadway, 18th Floor, New York, New York 10013, Attention: Financial Condition Property/Casualty Bureau (telephone number: (212)602-0389). 14 DEBT SERVICE SCHEDULE The following table presents the annual debt service requirements of the County for the Series 1993 Bonds and the Series 1996 Bonds: Year Boding Series 1993A Bonds Series 1993B Bonds Series 19% Bonds Septembw 30. ml (nteyes Pdncioal Interest Principal Interest ! 1996 745,000 2,398,955.00 420,000 91,980.00 1997 770,000 2,371,017.50 420,000 75,810.00 1996 800,000 2,339,255.00 420,000 57,960.00 1999 835,000 2,304,855.00 420,000 39,480.00 2000 875,000 2,267,280.00 420,000 20,160.00 2001 915,000 2,226,155.00 2002 960,000 2,182,235.00 2003 1,005,000 2,134,235.00 2004 1,055,000 2,083,985.00 2005 1,110,000 2,030,180.00 2006 1,170,000 1,972,460.00 2007 1,230,000 1,910,450.00 2008 010,000 1,830,500.00 2009 095,000 1,745,350.00 2010 1,475,000 1,668,625.00 2011 1,555,000 1,587,500.00 2012 1,640,000 1,501,975.00 2013 1,730,000 1,411,775.00 2014 1,825,000 1,316,625.00 2015 1,925,000 1,216,250.00 2016 2,030,000 1,110,375.00 2017 2,135,000 1,003,800.00 2018 2,250,000 891,712.50 2019 2,370,000 773,587.50 2020 2,490,000 649,162.50 2021 2,625,000 518,437.50 2022 2,760,000 380,625.00 2023 2,905,000 235,725.00 2024 1.585.000 83.212.50 Total 545,475,000544,146300.00 $2,100,000 5285,390.00 THE SYSTEM neral The County's water and sewer system consists of all water and sewer systems now owned and operated by the County, together with any and all improvements, extensions and additions thereto hereafter constructed or acquired, and any physically independent water or sewer system hereafter made a part of the System by resolution of the Board of County Commissioners, together with any and all improvements, extensions and additions thereto, thereafter constructed or acquired. The System includes all property, real, personal and mixed, rights, powers, licenses, easements, rights of way, privileges, franchises and all other property or interests in property of whatsoever nature, including but not limited to vehicles, rolling stock, buildings, pipes, pumps, machinery, tanks, mains, conduits, meters and other equipment, used or useful in connection with ownership, 15 operation and maintenance of such water or sewer systems by the County. The System provides water and sewer services to a portion of the County's population, with a majority of the other County residents being serviced by private wells and septic tanks and the City of Vero Beach, Florida, which operates its own water and sewer systema. The County presently operates two reverse osmosis water treatment plants, the south County plant ("South County Plant") and the North Beach plant ("North Beach Plant"). The water plants have a present nominal capacity of 9.5 million gallons per day ("MGD"). The County has expanded its production capacity for the South County Plant to 8.5 MGD. On November 1, 1990, the County consummated the purchase of the business and assets of the North Beach Water Company consisting of the North Beach Plant (with a reverse osmosis treatment capacity of 500,000 gallons per day) and a distribution system in the northern portion of the County ('North Beach Water System"). The North Beach Plant has been expanded to a total capacity of 1 MGD. The County is designing and permitting a 3 MGD North County Reverse Osmosis Water Treatment Plant for construction within the next eighteen (18) months. The County currently operates over 406 miles of size 2" to 30" water distribution mains. The County is currently conducting a very aggressive assessment expansion program of the water system to serve approximately 7,000 one-half acre or less lots located in the County service area, and has completed construction of water lines to serve 6,405 of these lots. Presently, wastewater treatment and disposal service in the unincorporated portions of the County is provided by approximately 16 wastewater plants. Nine of these plants with an aggregate 4.83 MGD of treatment capacity are owned and operated by the County. Of the facilities owned and operated by the County, the four largest account for nominal capacity of 3.85 MGD in the aggregate. The remaining five treatment plants, in the aggregate, account for additional capacity of approximately .885 MGD. The County also has the right to have treated up to 1.39 MGD at the municipally owned City of Vero Beach wastewater treatment plant. The County is currently expanding its West Regional Wastewater Plant from 1 MGD to 2 MGD. The expansion is scheduled to be completed by April, 1996. The County has constructed a 180 acre wetland for effluent disposal treatment, adjacent to the West Regional Wastewater Plant. The wetland is designed for 6.0 million gallons per day (MGD) effluent disposal treatment capacity with an initial permitted disposal treatment capacity of 2.0 MGD. The County is expanding each of the three largest plants from a treatment capacity of 1 MGD to a capacity of 2 MGD, with the completion of such expansion expected in 2 years. The County currently owns and operates over 241 miles of size 3" to 24' wastewater collection system mains. The County's Regional Sludge Facility opened August 4, 1993. The Facility was needed to meet the County's immediate and future needs for the treatment and disposal of sludge (the solid or semi-solid residual by-product of the wastewater treatment plant process), septage (the liquids and solids removed from domestic septic tanks and portable toilet facilities), and grease (the material taken from commercial grease traps typically found at food processing facilities and restaurants). A grant (the "Grant") from the Florida Department of Environmental Protection ("FDEP") and the Environmental Protection Agency ('EPA") was used to pay a portion of the costs relating to the Regional Sludge Facility. The final amount of the Grant has been reviewed and approved by FDEP and EPA. The County has received $2,082,196.00 in grant funds through September, 1995. system Starr The System presently employs 109 persons. The System is managed by Terrance G. Pinto, Director of Utilities. It is the opinion of management that the System enjoys excellent labor relations. 16 Water and Sewer Customers The number of County water and sewer customers, expressed as the number of equivalent residential units ('ERUe), for the years 1986.95 is set forth below: Year Ended 9/30 Water ERUs Sewer ERUs 1986 9,827 8,824 1987 11,193 9,339 1988 12,005 9,552 1989 15,187 13,618 1990 17,615 16,874 1991 21,886 22,574 1992 23,136 24,172 1993 24,067 24,505 1994 25,590 24,999 1995 27,124 25,424 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES HIGH VOLUME CUSTOMERS Fiscal Year 1995 WATER* SEWER' Village Green MHP 31,865 31,865 ACOS, Inc. 22,621 22,621 Disney's Vero Beach Resort 9,806 9,806 Indian River County Jail 8,711 8,711 Holiday Inn 7,920 7,920 Indian River Village Care Center 7,146 7,146 Inn Vero 6,863 6,863 • Annual Volume in Million Gallons The County moved 1,172 million gallons of water and 774 million gallons of wastewater in Fiscal Year 1995, the high volume customers accounted for 9.7% of total annual volume. 17 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES TOP 10 CUSTOMERS OF WATER AND SEWER BY REVENUE CUSTOMERS WATER REVENUE SEWER REVENUE Village Green MHP $146,257 $221,332 ACr S. Inc. 114,118 195,540 Disney's Vero Beach Resort 69,404 16,173 Was of Vero 43,076 64,270 River Run 29,068 33,234 Holiday Inn 28,684 38,404 Indian River County Jail 26,859 35,190 Indian River Village Care Center 15,320 20,873 Wal-Mart Stores 8,572 12,506 Inn Vero 5,215 6,987 The following table compares average daily flow versus peak daily flow for both water and sewer for the past five years. • Volume in Million Gallons Rate Suvetme Historically, the County's rates for water and sewer service have been sufficient to meet the applicable rate covenants, with respect to the County's obligations under the Master Bond Resolution. The rates for the System are projected to be sufficient through Fiscal Year 1996 to comply with the rate covenant for the Series 1996 Bonds. The System has rates for both residential and commercial classes of customers. In September 1991, the County passed a rate resolution (Resolution No. 91-145), adopted pursuant to the authority of Ordinance 91.9, which established water and wastewater rates for the years 1991, 1992 and 1993, and which were then to remain in effect until further amended. These rates remain effective as of the date hereof and the County has no present plea to increase such rates. The basis for Resolution 91-145 was a'Water and Waste Water Fee & Rate Study" (the "Study"), dated September 1991, prepared by the County's Consulting Engineer. The Study investigated the annual coat of operating and maintaining the water and wastewater systems and recommended rates, charges and policies which are both sufficient to recover these coats and equitable to the allocation of these costa to the different user classes. The analysis also included anticipated capital improvements for the period covered by the Study. 18 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES AVERAGE DAILY FLOW VS. PEAK DAILY FLOW Water* Sewer* Year Ended 9/30 Annual Average Annual Peak Annual Average Annual Peak Daily Flow Daily Flow Daily Flow Daily Flow 1991 2.79 3.10 1.34 1.90 1992 2.84 3.30 1.40 1.89 1993 3.23 4.10 1.79 2.59 1994 3.47 4.60 2.37 3.30 1995 3.48 4.40 2.41 2.80 • Volume in Million Gallons Rate Suvetme Historically, the County's rates for water and sewer service have been sufficient to meet the applicable rate covenants, with respect to the County's obligations under the Master Bond Resolution. The rates for the System are projected to be sufficient through Fiscal Year 1996 to comply with the rate covenant for the Series 1996 Bonds. The System has rates for both residential and commercial classes of customers. In September 1991, the County passed a rate resolution (Resolution No. 91-145), adopted pursuant to the authority of Ordinance 91.9, which established water and wastewater rates for the years 1991, 1992 and 1993, and which were then to remain in effect until further amended. These rates remain effective as of the date hereof and the County has no present plea to increase such rates. The basis for Resolution 91-145 was a'Water and Waste Water Fee & Rate Study" (the "Study"), dated September 1991, prepared by the County's Consulting Engineer. The Study investigated the annual coat of operating and maintaining the water and wastewater systems and recommended rates, charges and policies which are both sufficient to recover these coats and equitable to the allocation of these costa to the different user classes. The analysis also included anticipated capital improvements for the period covered by the Study. 18 Ali rates and charges developed in the Study were based upon what is generally referred to as a cost of service approach to utility rate design. Under this approach, customers of each class are assessed rates and charges for units of service which are equal to the cost of providing water and wastewater service to the average customer of each class. Thus, all customers pay their fair share of the System cost and no customer class subsidizes any other customer class. The Study was conducted on the assumption that the System will continue to operate as a separate enterprise, neither subsidizing any other branch of County government nor receiving any subsidy. The cost of service approach is endorsed by the American Waterworks Association, the American Public Works Association, the American Society of Civil Engineers, and the Water Pollution Control Federation. The water and sewer charges for Fiscal Years 1991 through 1995 are set forth below. MSTORICAL RATE STRUCTURE Fiscal Year Ended September 30 WATER RATES 1991 1992 1993 19944 1M Baling Charge 52.00 $2.00 $2.00 $2.00 $2.00 Base Facilities Charge (per ERU) 6.20 8.70 9.20 9.20 9.20 Where lines Are Available Volume Charge per 1,000 gallons (per ERU) - 0.3,000 gallons, 1.75 1.75 1.75 1.75 1.75 3,001-7,000 gallons 2.15 2.15 2.15 2.15 2.15 7,001 gallons and over 2.55 2.55 2.55 2.55 2.55 Excess Volume Surcharge - Greater than 13,000 gallons per month (per ERU) 1.95 2.10 2.30 2.30 2.30 Base Facility Charge Where Capacity Is Reserved But Lines Are Not Yet Available - Per ERU 3.10 4.35 4.60 4.60 4.60 SEWER RATES Billing Charge 2.00 2.00 2.00 2.00 2.00 Base Facility Charge Where Lines Are Available - Per ERU 7.60 13.00 13.50 13.50 13.50 Volume Charge - 85% of water use 3.35 3.35 3.35 3.35 3.35 Excess Volume Surcharge - Greater than 11,000 gallons per month (per ERU) 3.70 4.05 4.45 4.45 4.45 Base Facility Charge Where Capacity Is Reserved But Lines Are Not Yet Available - Per ERU 3.80 6.50 6.75 6.75 6.75 In addition to the charges shown above, users of the North Beach Water System and the Sea Oaks Sewer System are subject to a $13 per ERU per month surcharge ("North Beach Water Surcharge" and the "Sea Oaks Wastewater Surcharge). The North Beach Water Surcharge generated approximately $231,267 in revenues in the County's Fiscal Year ended September 30, 1995. Also, the Sea Oaks Wastewater Surcharge generated approximately $181,849 in revenues in the Fiscal Year ended September 30,1995. 19 The County also receives additional Revenues for use of the Regional Sludge Facility from generators of sludge and septage wastes and owners of grease traps. For Fiscal Year 1995, the County charged tipping fees of 57.39 per ton of septage or sludge waste delivered to the System, and generated tipping fees of approximately $159,034. The following table presents a comparison of water and wastewater bills of hypothetical single-family residential customers using 10,000 gallons of water per month with 5/8 -inch meter for various governmental entities, including the County. The following table compares the County's current charges for the System with typical water and sewer bills of other county utility systems. COMPARISON OF MONTHLY SINGLE FAMILY WATER AND WASTEWATER BILLS Rates as of March, 1995' • Unless otherwise noted, amounts shown reflect standard residential and commercial rates in effect during March 1995 and are exclusive of taxes or franchise fees, if any and reflect rates charged for inside the city service. All rates are as reported by the respective utility. This comparison is intended to show comparable charges for similar service for comparison purposes only and is not intended to be a complete listing of all rates and charges offered by each listed utility. Selected Flas ictal Data The following tables set forth selected historical financial data for the System for the Fiscal Years ended September 30, 1991 through September 30, 1995, and projected financial data for Fiscal Years ended September 30, 1996 through September 30, 2000. The historical data has been derived from the Water and Sewer System Fund and is a summary of the audited financial statements for Fiscal Years ended September 30, 1991 through September 30,1995, and the projected fmancial data was prepared by the County's Utility Department based on budget projections. (Remainder of page intentionally left blank.] Kil Water Wastewater Total Charge Charge Charge Pasco County $24.65 $31.69 $54.34 Collier County 31.70 29.90 61.60 Brevard County 19.49 41.93 61.42 St. Lucie County 28.91 41.01 69.92 Hillsborough County 25.20 49.00 74.20 Indian River County 32.70 43.98 76.68 Lee County 29.90 51.50 81.40 Sarasota County 35.67 64.04 99.71 • Unless otherwise noted, amounts shown reflect standard residential and commercial rates in effect during March 1995 and are exclusive of taxes or franchise fees, if any and reflect rates charged for inside the city service. All rates are as reported by the respective utility. This comparison is intended to show comparable charges for similar service for comparison purposes only and is not intended to be a complete listing of all rates and charges offered by each listed utility. Selected Flas ictal Data The following tables set forth selected historical financial data for the System for the Fiscal Years ended September 30, 1991 through September 30, 1995, and projected financial data for Fiscal Years ended September 30, 1996 through September 30, 2000. The historical data has been derived from the Water and Sewer System Fund and is a summary of the audited financial statements for Fiscal Years ended September 30, 1991 through September 30,1995, and the projected fmancial data was prepared by the County's Utility Department based on budget projections. (Remainder of page intentionally left blank.] Kil SUMMARY OF HISTORICAL REVENUES OF THE SYSTEM Fiscal Year Ended September 30, (thousands of dollars) Uniform Charge Revenues: Water Sales $3,341 $4,536 $5,039 $5,377 Sewer Sales 2,829 5,347 5,827 6,283 Other Uniform Charges --& W" 978 LZH Total Uniform Charge Revenues Septage/Sludge Surcharges Interest Earnings 1989/1990 Special Asse ments(4) Gross Revenues Direct Expense( ) Net Revenues Available for Debt Service Annual Debt Service Debt Service Coverages) Debt Service Coverage(6) 1995 $5,731 6,500 1.117 $6,726 $10,7122) $11,844 $12,898 $13,348 10 49 159 331 260 238 242 231 995 829 1,525 1,575 1,742 0 0 1.600 _645 385 1801 15 217 $1_ 15 �. 6.148 6.532 7.332 6.747 �.�.¢ 1= I8.685 $ 8.077 12.M 1,303 1,366 2,419 3,681 3,672 2.01x 4.14x 3.59x 2.19x 2.48x lag M52 2131 1.94x M (1) Excludes Depreciation, Amortization and nonrecurring events. (2) The increase in Revenues is attributable to a large increase in the number of new customers and a significant rate increase which was implemented on October 1, 1991. The number of water customers increased 5.7% from Fiscal Year 1991 to Fiscal Year 1992, and the number of sewer customers increased 7.07° from Fural Year 1991 to Fiscal Year 1992. (3) The increase in Revenue retlects an increase in water and sewer rates which took effect on October 1, 1992. (4) With the issuance of the Series 1996 Bonds, the definition of Revenues in the Master Bond Resolution has been changed to include the 1996 Special Assessments; amounts to be derived therefrom are not included in these figures. (5) Based on Gross Revenues less Direct Expense. (6) Based on Uniform Charge Revenue and Interest Earnings less Direct Expense. 21 Mr s Net Revenues Available for Debt Service SUMMARY OF PROJECTED REVENUES OF THE SYSTEM 510_524 lum Fiscal Year Ended September 30, 1 4 Annual Debt Service(1) $4,617 $6,174 (thousands of dollars) $6,136 $6,119 Debt Service Coverage(2) ms 170xx 1,86x Uniform Charge Revenue $15,172 $16,187 $17,250 $18,847 $20,576 Septage/Sludge 192 192 192 192 192 Surcharges Interest Earnings 235 1,800 235 235 1,800 1,800 235 1,800 235 1,800 Special Asaeaaments;Q 2-2 2_638 3_045 2601 Gross Revenues tl S2"1 2211 2411q 4q Direet Expense 510_071 $10.092 S10.646 .� 11 a 197 Net Revenues Available for Debt Service S 7_678 510_524 lum S12.651 1 4 Annual Debt Service(1) $4,617 $6,174 $6,158 $6,136 $6,119 Debt Service Coverage(2) ms 170xx 1,86x I'm Debt Service Coverage(3) 1-423 1,28x 1.NX- J& (1) Includes estimated debt service for the Series 1996 Bonds. (2) Based on all Gross Revenues less Direct Expenses. (3) Based on Uniform Charge Revenue and Interest Earnings less Direct Expenses. The County also receives Impact Fees in connection with the System. Impact Fees are not pledged as a security for the Bonds. While the County may pledge the Impact Fees in the future, the County presently has no intention to pledge Impact Fees as security for the Bonds. Impact Fees for the last five Fiscal Years ended September 30 are as follows: Brat Year 1991 1992 1993 1994 1995 SJ'aksn Analysis Summary Impact Fees (000'x) 5,287 1,775 2,407 3,476 3,938 Wats► - The County currently operates two Reverse Osmosis (RO) water treatment plants with a 9.67 million gallons per day (MGD) total nominal capacity. The County is in design and permitting for construction of a 3.0 MGD North County RO Water Treatment Plant. The County currently has 9 wells into the Floridian Aquifer and is constructing 3 additional wells to supply water to the North County RO Plant. Withdrawals from the aquifer are regulated by the St. Johns Water Management District. The County is in compliance with all state and federal guidelines at its water treatment facilities. Water loss for 1995 was low (5%). The current 9.67 MOD water treatment capacity plus the 3.0 MGD proposed North County RO Plant capacity will provide adequate water capacity to the year 2002. Sew► - The County owns and operates nine wastewater secondary treatment plants. The four largest planta are designated as regional plants (North, Central, South, and West) and account for a nominal capacity of 3.85 MGD in the aggregate. The County is currently completing a 1.0 MGD expansion of its West Regional Treatment Plant. The expansion is scheduled for completion by April, 1996. Another 1.39 MGD capacity is allocated to the County at the Vero Beach Wastewater Plant. The County's South Regional Treatment Plant is in design and permitting for an additional 1.150 MOD expansion and is projected to receive bids for the project in September, 1996. The County's Central Treatment Plant is in design and permitting for an additional 1.0 MOD of capacity. The County has constructed a 180 acre wetland for effluent disposal treatment adjacent to the West Regional Treatment Plant. The wetland is designed for 6.0 MGD effluent disposal treatment capacity with an initial permitted disposal capacity of 2.0 MGD. Effluent is total reuse by spray irrigation onto golf courses. After the current planned expansions of the systems represented by the Series 1996 Projects to be funded with the Series 1996 Bonds, the system capacity is projected by the County to be adequate to the year 2003. The County is in compliance with all state and federal guidelines at its wastewater facilities. Infiltration into the system would be rated as low. The County has an ordinance for industrial pretreatment and mandatory hookup requirements. Swmaasry - In summary, as previously outlined, the currently planned plant expansions will supply projected plant capacity requirements for water until 2002 and sewer until 2003. The plant expansions will generate an estimated $44.8 M in impact fee revenues, which will provide capital funding for future expansion requirements. [remainder of page intentionally left blank] 9 The following table shows the County's proposed five year capital improvement plan for water and sewer projects. The table includes some projects already under construction. The plan is subject to revision at any time by the County. PrS1Ject Description Water Production Improvements Water Distribution Improvements Wastewater Collection Improvements Wastewater Treatment Improvements TOTAL Funding Source Utility Revenue Bonds(1) Water and Sewer Impact Fee Funding TOTAL Capital Projects Funding of Capital Projects (1) This amount includes the Series 1996 Bonds SERIES 19% PROJECT'S Anticipated Project Cost $11,420,000 15,845,000 9,894,750 12,500,000 $49,659, Anticipated Amounts $33,630,000 16.029.750 $49,659, The proceeds of the Series 1996 Bonds are being used to finance the costs of acquisition, construction and equipping of certain capital projects consisting of additions, extensions, and improvements to the System required to increase System capacity and meet projected growth as may be determined by the County from time to time. These improvements generally follow the System Master Plan adopted by the County on March 30, 1993, subject to changes required to satisfy growth needs and the unanticipated capital needs resulting from the acquisition of a water and wastewater system from the City of Sebastian. The Series 1996 Projects at this time include, but are not limited to, the following water and wastewater projects, which projects may be subsequently changed or omitted by the County, together with such other capital projects as may be subsequently designated by the County from time to time: Water PmJects 1. The design and construction of a three (3) million gallon per day (MGD) North County Reverse Osmosis Water Treatment Plant, including well field and brine line with a projected cost of $9100011100. 2. The design and installation of 22,000 linear feet of master -planned water transmission line along 26th Street to provide additional service and system looping at an approximate cost of $1,000,000. 3. Reimbursement to the County of the costs of acquisition (including tie in costs) of the City of Sebastian water and wastewater utility system in the approximate amount of $5,000,000. 24 4. A major requirement of the City of Sebastian Acquisition Agreement is the City's obligation to enact a three phase assessment program to serve approximately 9,000 parcels in the Sebastian Highlands at a projected cost of approximately $9,000,000. As the three phases are the parcels of property that aro specifically beaefrtted, they will be assessed for the pro -rata share of the costs of the project and the assessments will become a part of the revenues pledged to the Series 1996 Bonds. 1. The expansion of the South County Wastewater Treatment Plant to provide an additional 1.150 MGD of wastewater treatment capacity at an approximate cost of $6,500,000. 2 The expansion of the Central Wastewater Treatment Plant to provide an additional 1.0 MGD of wastewater treatment capacity at an approximate cost of $6,000,000. 3. The design and construction of approximately 10,700 linear feet of sewer force main along County Road 510 to connect the North Beach sewer collection system to the mainland collection system and to provide service to the developments along County Road 510 at an approximate cost of $1,500,000. 4. The design and construction of approximately 18,100 linear feet of force main and a regional wastewater pumping station to interconnect the North County Wastewater Treatment Plant and the Central Wastewater Treatment Plants at an approximate cost of $630,000. Combined System Overall, the County's goals and objectives are to design/construct new water and wastewater facilities as required in the Comprehensive Plan in the Utilities Master Plan to provide potable water and wastewater service to the greatest number of new customers as possible. The goals and objectives include expanding the existing water and wastewater facilities to serve additional developments, evaluate existing facilities and renovate as needed to improve service to existing customers, continue to acquire existing water and wastewater franchise utilities and create assessment districts to provide water and wastewater services to undersized lots throughout the County. Based on County Ordinance 91-09, it is the County's opinion that the water and wastewater rates that have been adopted are sufficient to provide the funds to complete the projects as specifically described above without increasing rates in the next several years. In the future, as the County pursues the goals and objectives that are dumbed in this paragraph, it may be required to implement water and wastewater rate increases as the County funds additional projects. LITIGATION In the opinion of the County Attorney, no legal proceedings are pending or threatened that materially affect the County's ability to perform its obligations to the holders of the Series 1996 Bonds or that materially affect the fuiancial condition of the System. In the opinion of the County Attorney, there is no litigation or controversy of any nature now pending or, to the County's knowledge, threatened to restrain or enjoin the issuance, sale, execution or delivery of the Serio 1996 Bonds or in any way contesting the validity of the Series 1996 Bonds or any proceedings of the County taken with respect to the authorization, sale or issuance of the Series 1996 Bonds or the pledge or application of any moneys provided for the payment of the Series 1996 Bonds. 25 TAX EXEMPTION The Internal Revenue Code of 1986, as amended (the "Code") establishes certain requirements which must be met subsequent to the issuance and delivery of the Series 1996 Bonds in order that interest on the Series 1996 Bonds be and remain excluded from gross income for purposes of federal income taxation. Non-compliance may cause interest on the Series 1996 Bonds to be included in Federal gross income retroactive to the date of issuance of the Series 1996 Bonds, regardless of the date on which such non-compliance occurs or is ascertained. These requirements include, but are not limited to, provisions which prescribe yield and other limits within which the proceeds of the Series 1996 Bonds and the other amounts are to be invested and require that certain investment earnings on the foregoing must be rebated on a periodic basis to the Treasury Department of the United States. The County has covenanted in the Resolution to comply with such requirements in order to maintain the exclusion from Federal gross income of the interest on the Series 1196 Bonds. In the opinion of Bond Counsel, assuming compliance with the aforementioned covenants, under existing laws, regulations, judicial decisions and rulings, interest on the Series 1996 Bonds is excluded from gross income for purposes of Federal income taxation. Interest on the Series 1996 Bonds is not an item of tax preference for purposes of the Federal alternative minimum tax imposed on individuals or corporations; however, interest on the Series 1996 Bonds may be subject to the alternative minimum tax when any Series 1996 Bond is held by a corporation. The alternative minimum taxable income of a corporation must be increased by 75% of the excess of such corporation's adjusted current earnings over its alternative minimum taxable income (before this adjustment and the alternative tax net operating loss deduction). "Adjusted Current Earning" will include interest on the Series 1996 Bonds, The Series 1996 Bonds and the income therefrom are exempt from taxation under the laws of the State of Florida except as to estate taxes and taxes imposed by Chapter 220, Florida Statutes, as amended, on interest, income or profits on debt obligations owned by corporations, banks and savings associations. Except as described above, Bond Counsel will express no opinion regarding the Federal income tax consequences resulting from the ownership of, receipt or accrual of interest on, or disposition of Series 1996 Bonds. Prospective purchasers of Bonds should be aware that the ownership of Series 1996 Bonds may result in collateral Federal income tax consequences, including (i) the denial of a deduction for interest on indebtedness incurred or continued to purchase or carry Series 1996 Bonds, (ii) the reduction of the loss reserve deduction for property and casualty insurance companies by 15% of certain items, including interest on the Series 1996 Bonds, (w) for taxable years beginning before January 1, 1996, the inclusion of interest on Series 1996 Bonds in 'modified alternative minimum taxable income" for purposes of the environmental tax imposed on corpora- tions, (iv) the inclusion of interest on the Series 1996 Bonds in earning of certain foreign corporations doing business in the United States for purposes of a branch profits tax, (v) the inclusion of interest on Series 1996 Bonds in passive income subject to Federal income taxation of certain Subchapter S corporations with Subchapter C earnings and profits at the close of the taxable year, and (vi) the inclusion of interest on the Series 1996 Bonds in "modified adjusted gross income" by recipients of certain Social Security and Railroad Retirement benefits for purposes of determining whether such benefits are included in gross income for Federal income tax purposes. PURCHASE, OWNERSHIP, SALE OR DISPOSITION OF THE SERIES 1996 BONDS AND THE RECEIPT OR ACCRUAL OF THE INTEREST THEREON MAY HAVE ADVERSE FEDERAL TAX CONSEOUENCES FOR CERTAIN INDIVIDUAL AND CORPORATE BONDHOLDERS. PROSPECTIVE BONDHOLDERS SHOULD CONSULT WITH THEIR TAX SPECIALISTS FOR INFORMATION IN THAT REGARD. During recent years legislative proposals have been introduced in Congress, and in some cases enacted, that altered attain Federal tax consequences resulting from the ownership of obligations that are similar to the Series 1996 Bonds. In some cases these proposals have contained provisions that altered these consequences on a retroactive basis. Such alteration of Federal tax consequences may have affected the market value of obligations similar to the Series 1996 Bonds. From time to time, legislative proposals are pending which could 26 have an effect on both the Federal tax consequences resulting from ownership of Series 1996 Bonds and their market value. No assurance can be given that legislative proposals will not be introduced or enacted that would or might apply to, or have an adverse effect upon, the Series 1996 Bonds. Tax Treutita nt of Original Issue Discount Under the Code, the difference between the maturity amounts of the Series 1996 Bonds maturing in the years _ through _ and and the initial offering price to the public, excluding bond houses, brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers, at which price a substantial amount of Series 1996 Bonds of the same maturity was sold is "original issue discount." Original issue discount will accrue over the term of the such Series 1996 Bonds at a constant interest rate compounded periodically. A purchaser who acquires such Series 1996 Bonds in the initial offering at a price equal to the initial offering price thereof to the public will be treated as receiving an amount of interest excludable from gross income for federal income tax purposes equal to the original issue discount accruing during the period he holds such Series 1996 Bonds, and will increase his adjusted basis in such Series 1996 Bonds by the amount of such accruing discount for purposes of determining taxable gain or loss on the sale or other disposition of such Series 1996 Bonds. The federal income tax consequences of the purchase, ownership and redemption, sale or other disposi- tion of Series 1996 Bonds which are not purchased in the initial offering at the initial offering price may be determined according to rules which differ from those above. Owners of such Series 1996 Bonds should consult their own tax advisors with respect to the precise determination for federal income tax purposes of interest accrued upon We, redemption or other disposition of Series 1996 Bonds and with respect to the state and local tax consequences of owning and disposing of Series 1996 Bonds. RATINGS Moody's Investors Service and Standard & Poor's Ratings Group have assigned ratings of "Aaa" and "AAA", respectively, to the Series 1996 Bonds, with the understanding that, upon delivery of the Series 1996 Bonds, the municipal bond insurance policy will be issued by Financial Guaranty Insurance Company. Such ratings reflect only the views of such organizations and any desired explanation of the significance of such ratings should be obtained from the rating agency furnishing the same, at the following addresses; Moody's Investors Service, Inc., 99 Church Street, New York, New York 10007; Standard & Poor's Ratings Group, 25 Broadway, New York, New York 10004, Generally, a rating agency bases its rating on the information and materials furnished to it and on investigations, studies and assumptions of its own. There is no assurance such ratings will continue for any given period of time or that such ratings will not be revised downward or withdrawn entirely by the rating agencies, if in the judgment of such rating agencies, circumstances so warrant. Any such downward revision or withdrawal of such ratings may have an adverse effect on the market price of the Series 1996 Bonds. DISCLOSURE PURSUANT TO SECTION 517.051, FLORIDA STATUTES Pursuant to Section 517.051, Florida Statutes, as amended by Chapter 87-316, Laws of Florida, no person may directly or indirectly offer or sell securities of the County except by an offering circular containing full and fair disclosure of all defaults as to principal or interest on its obligations since December 31, 1975, as provided by rule of the Florida Department of Banking and Finance (the "Department"). Pursuant to Rule 3E 400.003, Florida Administrative Code, the Department has required the disclosure of any amounts and types of defaults, any legal proceedings resulting from such defaults, whether a trustee or receiver has been appointed over the assets of the County, and certain additional financial information, unless the County believes in good faith that such information would not be considered material by a reasonable investor. The Series 1996 Bonds do not constitute a general debt, liability or obligation of the County, but are instead secured by the Pledged Funds and by other security discussed herein. The Series 1996 Bonds are not being offered on the basis of the financial strength of the County. Accordingly, the County, in good faith, believes that disclosure of any such default on bonds with respect to which the County was merely a conduit 27 issuer and which are secured solely by payments of the borrower under a loan agreement, lease agreement or installment We agreement, would not be considered material by a reasonable investor. Accordingly, the County has not taken affirmative steps to contact the various trustees of conduit bond issues of the County to determine the existence of prior defaults. Notwithstanding the foregoing, the County is not, and since December 31, 1975 has not been, in default as to principal of and interest on bonds or other debt obligations for which either ad valorem or non ad valorem revenues of the County (other than revenues received from conduit borrowers) are pledged. FINANCIAL STATEMENTS The general purpose financial statements and the excerpts from the Comprehensive Annual Financial Report of the County for the Fiscal Year ended September 30, 1995, included as Appendix B to this Official Statement, have been audited by Berger/Harris/Toombs/Elam & McAlpin, Vero Beach, Florida, as independent auditors, as stated in their report also included in Appendix B, and are an integral part of this Official Statement. UNDERWRITING The Series 1996 Bonds are being purchased by William R. Hough & Co. and Smith Barney Inc. (collectively, the'Underwritere), subject to certain terms and conditions set forth in a bond purchase agreement between the County and the Underwriters, including the approval of certain legal matters by Bond Counsel and the existence of no material change in the affairs of the County from those set forth in this Official Statement. The aggregate purchase price payable by the Underwriters is $ (par amount of the Series 1996 Bonds net of original issue discount of S and underwriters' discount of S ) plus accrued interest on the Series 1996 Bonds from 1, 1996 to the date of delivery of the Series 1996 Bonds. The Series 1996 Bonds are offered for We to the public at the price set forth on the cover page of this Official Statement. The Series 1996 Bonds may be offered and sold to certain dealers at prices lower than such offering prices, and such public offering prices may be changed, from time to time, by the Underwriters. APPROVAL OF LEGALITY Certain legal matters incident to the authorization, issuance, sale, and delivery of the Series 1996 Bonds, and the treatment of the interest thereon for federal income tax purposes, are subject to the approval of Bryant, Miller and Olive, PA., Tallahassee, Florida, Bond Counsel, whose approving opinion in substantially the form attached hereto as Appendix E will be printed on all of the Series 1996 Bonds. In its capacity as Disclosure Counsel, Bryant, Miller and Olive, PA. has participated in the preparation of this Official Statement and has been retained by the County to pass upon this Official Statement. Certain legal matters will be passed upon for the County by the County Attorney, Charles P. Vitunac, Vero Beach, Florida. INVESTMENT POLICY Pursuant to the requirements of Section 218.45, Florida Statutes, on September 5, 1995, the County adopted a written investment policy which applies to all surplus monetary assets of the Board of County Commissioners except 1) debt proceeds, which are governed by bond documents, 2) demand deposits covered by banking agreements, and 3) monetary assets held by other entities on behalf of the Board of County Commissioners. The purpose of the investment policy is to establish guidelines for the investment of those surplus monetary assets in such a manner as to preserve the safety and liquidity of those funds and to provide a competitive return on investments consistent with proper safeguards for the handling of government funds. In 28 addition, the polity provides a set of procedures and guidelines for investment selection, monitoring of invested funds, prudence amd ethical standards, maturity and liquidity requirements, portfolio composition, risk and diversification, bid requirements, and internal controls. The investment policy limits the securities eligible for inclusion in the County's portfolio. Derivatives, reverse repurchase agreements, and similar forms of leverage are prohibited. To maintain liquidity, investments are matched with projected cash flow needs. No more than 25% of the portfolio may be invested in instruments with stated maturities greater than 5 years but less than 15 years. ADVISORS AND CONSULTANTS The County has retained certain advisors and consultants in connection with the issuance of the Series 1996 Bonds. Thele; advisors and consultants are compensated from a portion of the proceeds of the Bonds. identified as "Costs of Issuance" wider the heading 'SOURCES AND USES OF FUNDS" herein; and other compensation, is, in some instances, contingent upon the issuance of the Bonds and the receipt of the proceeds thereof. FlnsneWAAuirar. The County has retained Fishkind & Associates, Inc., Orlando, Florida, as financial advisor (the "Financial Advisor') in connection with the preparation of the County's plan of financing and with respect to the authorization and issuance of the Series 1996 Bonds. The fees of the Financial Advisor will be paid from proceeds of the Series 1996 Bonds and such payment is contingent upon the issuance of the Series 1996 Bonds. Band CawJd arid Ddnc o=m Carumd Bryant, Miller and Olive, PA., Tallahassee, Florida represents the County is Bond Counsel, and, with respect to the issuance of the Series 1996 Bonds, as Disclosure Counsel. The fees of Bond Counsel and Disclosure Counsel will be paid from proceeds of the Bonds, and such payment is contingent upon the issuance of the Bonds. ACCURACY AND COMPLETENESS OF THE OFFICIAL STATEMENT The references to, and excerpts of, all documents referred to herein do not purport to be complete statements of the provisions of such documents and reference is directed to all such documents for full and complete statements of all matters of fact relating to the Series 1996 Bonds, the security for the payment of the Series 1996 Bonds, and the rights and obligations of Registered Owners thereof. The information contained in this Official Statement has been compiled from official and other sources deemed to be reliable and, while not guaranteed as to completeness or accuracy, is believed to be correct as of this date. Any statements made in this Official Statement involving matters of opinion or estimates, whether or not so expressly stated, are set forth as such and not as representation of fact, and no representation is made that any such estimates will be realized. Neither this Official Statement nor any statement which may have been made verbally or is writing is to be construed as a contract with the holders of the Series 1996 Bonds. ADDITIONAL INFORMATION The brief descriptions of the Master Bond Resolution, the 1996 Resolution, the Series 1996 Bonds, and other documents pertaining to the Series 19% Bonds contained in this Official Statement are qualified in their entirety by reference: to the originals of such documents, copies of which are available from Indian River County, Florida, 1840 25th Street, Vero Beach, Florida 32960, Attention: Joseph A. Baird, during the period of the initial offering of the Series 1996 Bonds. 29 CONTINUING DISCLOSURE The County has covenanted for the benefit of the holders and beneficial owners of the Series 1996 Bonds to provide certain fmancial information and operating data relating to the County by not later than June 1 in each year commencing June 1, 1997 (the "Annual Report"), and to provide notices of the occurrence of certain enumerated events, if deemed by the County to be material. The Annual Report will be filed by the County with each Nationally Recognized Municipal Securities Information Repository ("NRMSIR"), and with the State of Florida Repository, if and when created. The notices of material events will be filed by the County with the NRMSIR and with the State of Florida Repository, if and when created. The specific nature of the information to be contained in the Annual Report or the notices of material events is summarized below under the caption "APPENDIX E - Summary of Continuing Disclosure Certificate." These covenants have been made in order to assist the Underwriters in complying with S.E.C. Rule 15c2 -12(b)(5). The County has never failed to comply in all material respects with any previous undertakings with regard to said Rule to provide annual reports or notices of material events. AUTHORIZATION OF OFFICIAL STATEMENT The delivery of this Official Statement has been duly authorized by the Board of County Commissioners of the County. At the time of delivery of the Series 1996 Bonds, the Chairman of the Board of County Commissioners ad the County Administrator, acting on behalf of the County, will furnish a certificate to the effect that nothing has come to their attention which would lead them to believe that the Official Statement, as of its date and as of the delivery of the Series 1996 Bonds, contains an untrue statement of a material fact or omits to state a material fact which should be included therein for the purposes for which the Official Statement is intended to be used, or which is necessary to make the statements contained therein, in the fight of the circumstances under which they were made, not misleading. INDIAN RIVER COUNTY, FLORIDA Fran B. Adams, Chairman Board of County Commissioners James E. Chandler County Administrator 30 GENERAL INFORMMON CONCERNING INDIAN RIVER COUNTY. FLORIDA GENERAL INFORMATION CONCERNING INDIAN RIVER COUNTY, FLORIDA Tile following information has been provided by Indian River County, Florida, and Is Included only for the purpose of providing general background Information. The Information has been compiled on behalf of the County, and such compllation Involved oral and written communication with various of the sources indicated. The laformatlon U subject to change, although efforts have been made to update Information where practicable. The Series 1996 Bonds are not a general obligation of the State of Florida or any political subdivision thereof, including Indian River County, and are only payable from the sources described in the Official Statement. Deserlitidon Indian River County (the "County") was established in 1925 by an Act of the Legislature separating it from St. Lucie County, The County encompasses approximately 497 square miles and is located in the middle of Florida on the eastern coast, approximately 135 miles north of Miami, 190 miles south of Jacksonville and 135 miles east of St. Petersburg. The County is bounded on the north by Brevard County, on the south by St. Lucie County, on the weal by Osceola and Okeechobee Counties and on the east by the Atlantic Ocean. The City of Vero Beach is the seat of County government and the largest city in the County. Other incorporated cities located within the County are Fellsmere, Indian River Shores, Orchid and Sebastian. There are approximately 100 miles of waterfront land in the County, including approximately 23 miles of Atlantic Ocean beaches. Government Indian River County has a rive -member Board of County Commissioners (the "Commission"). Each member represents one of five districts, elected at large (County -wide) for staggered terms of four years. The Chairman and Vice -Chairman are elected by the Commission. A County Administrator is appointed by the Commission and is responsible for administrative and fiscal control of the resources of the County. The following is a list of the Commissioners and the expiration of their respective terms. Name ME Term Expires Fran B. Adams Chairman November, 1996 Carolyn X Eggert Vice -Chairman November, 1998 John W Tippw Member November, 1998 Richard N. Bud Member November, 1996 Kenneth R. Macht Member November, 1996 The Commission apportions and levies County taxes and controls the expenditure of all County funds, except school funds which are controlled by the School Board of Indian River County, and except for funds which are controlled by an independent taxing district. The budget year of the County runs from October 1 to the following September 30. Operating revenue is raised from ad valorem taxes, real and personal property taxes, and user fees with supplements from state and federal sources. The Commission operates a county road system, water and sewer system, solid waste disposal system, a public golf course and other recreational facilities, and has power to establish, build, maintain, repair, protect and preserve these public facilities. Other elected ofiiciala serving County -wide are a Property Appraiser, Tax Collector, Supervisor of Elections, Sheriff and Clerk of the Circuit Court who is also the Clerk of the Board of County Commissioners. A-1 The 1990 Census population of the County was 90,208, an increase of 50.6°% over the 1980 Census Population of 59,896. Vero Beach, the largest city in the County, is the County Seat, and had a 1990 Census population of 17,350, an increase of 7.4% over the 1980 Census population of 16,176. In 1990, Indian River County ranked 31st out of 67 counties in Florida in terms of total population, ulation at time. As illustrated in the following ofhe 7has more total state than tripled since 1960. t Itis anticipated ted that the growth of the Countye, the poulation will continue for the foreseeable future. If31 Population In e 1960 25,309 1970 35,E 42.21 1980 59,8% 66.41 1990 901208 50.61 1991 92+428 2.46 1992 94,091 1.80 1993 95,641 1.65 1994 97+415 1.85 Source: U.S. Census and University of Florida, Bureau of Economic and Business Research While the population of the County has been steadily increasing, so has the median age of the resident population. The number of persons age 15-44 is the largest age category. The following table illustrates the percentage of population in the various age groups since 1960. .Am Crm Im 1980 1990 1"4 0.14 30.4% 27.3% 13.44 33.5 18.1% 15.6% 17.0% 33.4 45.64 22.1 21.9 37.2 40.0 34.7 24.4 22.2 19.9 65+ 13.9 17.4 20.3 25.2 28.4 Source: US. Census, except for 1994 estimates from University of Florida, Bureau of Economic and Business Research. Components of Population ChAn.._ 1980 Census . 1990 Ce0iU6.......................................................... 59,8% 90,208 PercentChange ................................................... 50.61% Components of Change due to Natural Increase............................... 573 Components of Change due to Net Migration 29,739 Percentage of Change due to Natural Increase . Percentage of Change due to Net Migration .................................. 1.89% ........... 98.11% Source: University of Florida, Bureau of Economic and Business Research. A-2 Indult The economy of Indian River County is based upon agriculture (citrus and cattle), tourism, light manufacturing, wholesale and retail trade and commercial fishing. In the 1993-1994 crop year Indian River County had 69,240 acres of citrus which produced 18,890,000 boxes of oranges, grapefruit and specialty fruit. The County was fourth among all Florida Counties in total citrus production, but second in grapefruit production. Part of the citrus fruit is sold to the fresh fruit market, and there are also 21 major packing houses and one citrus juice processing plant located in the County. Approximately 71,809 acres of improved pasture and rangeland are utilized for dairy farming and beef cattle production, while approximately 22,873 acres remain as forest and woodlands. Sun Ag, Inc. has extensive citrus and agriculture interests in the County, employing approximately 800 persons at the peak of the citrus season. Their agricultural properties, including a citrus packing plant, are located west of Fellsmere in the central part of the County. Other industries include lumber and millwork plants, cabinet and millwork plants, machine shops, welding shops, sheet metal fabricators, mattress ticking, construction, architectural 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 mix 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. Mme banks, eleven savings and loan associations and twenty securities brokerage offices provide financial services within the County. Tourism and Recreation The Atlantic beaches and the excellent climate in the County provide the basis for a year-round tourist industry. There are numerous hotels and motels in the County as well as retail and service establishments geared to serving the tourist trade. Forty-six miles of riverfront on the Indian River, many miles of canals and lakefront and approximately 23 miles of Atlantic Ocean beaches as well as two state parks, five county parks, and eight public and six private golf courses provide ample opportunity for outdoor recreation. The Los Angeles Dodgers baseball club trains at Dodgertown in Vero Beach. The 340 -acre complex is also home to the largest and most advanced baseball school in the world, conducted by the Dodger organization. The Disney Corporation purchased property on S.R. AIA to develop its first resort beyond the theme park, which is part of the Disney Vacation Club. The first phase opened October 1, 1995. This 71 acre resort offers, at this time, a 115 room 4 story inn, and 60 beachfront cottages and villas. Dining, lounges, a swimming pool and tennis are some of the resort's features. There are future plans to add 260 additional villas. A-3 Indian River County employment fluctuates seasonally with most unemployment occurring from July through October, the slower months in both the tourist and citrus picking seasons. Employment by sector for the calendar year ended 1993 is as follows: Source: University of Florida, Bureau of Economic & Business Research. Major employers in Indian River County and their approximate current level of employment as of September, 1994 were as follows: Indian River County School District Percent of Distribution Agriculture, forestry & fishing 12.14 Manufacturing 5.14 Construction 7.07 Transportation, Communications & Utilities 2.59 Wholessle Trade 1.91 Retail Trade 2236 Finance, Insurance & Real Estate 5.82 Serviaa Government 35.03 7.85 Other .09 Total 100.00% Source: University of Florida, Bureau of Economic & Business Research. Major employers in Indian River County and their approximate current level of employment as of September, 1994 were as follows: Indian River County School District School System 2,127 Indian River County County Government 1,361 Indian River Memorial Hospital Health Care 1,350 Sun A&+ Inc. Citrus & Cattle S00• Publix Corporation Retail Grocery 750 City of Vero Beach City Government 597 Gracewood Fruit Co. Citrus 465. Graves Brothers, Inc. Citrus 450' Hale Kennedy Groves Citrus 450. Dodgertown Complex Convention Center, Baseball 4504 The New Piper Aircraft Corp. Aircraft Manufacturing 380 Johns Nand Residential Resort 330• Sebastian River Medical Center Acute Care Facility 340 Walmart Retail Merchandise 330 W1nn Dixie Retail Merchandise 280 Source: Indian River County Council of 100, 1994. • Indicates peak seasonal employment A-4 The following table sets forth a comparison of the unemployment rate in the County compared to that in the State of Florida: Annual Averatses Indian River County State of Florida 1990 10.0 5.8 1991 9.9 7.0 1992 11.9 7.5 1993 10.7 7.1 1994 11.0 5.0 6.6 Source: State of Florida, Department of Labor and Employment Security, Bureau of Research and Information Rail transportation in the County is handled by Florida East Coast Railway while numerous freight truck lines are available to serve the County. Highways providing surface travel are Interstate 95, U.S. 1, and State Road AIA for north -south travel and State Road 60 for travel to the west while the Florida Turnpike courses south and northwest through the southwest corner of the County. The area is served by Greyhound Bus Lines for passenger and package service. Vero Beach Municipal Airport and the Sebastian Airport serve both charter and private aircraft. Scheduled airline service is available to County residents at the Melbourne Regional Airport (about a fifty minute drive), Orlando International Airport and Palm Beach International Airport (each about an hour and a half drive). Health Caro The Indian River Hospital District, encompassing all but six square miles of the County, has a 347 -bed facility in Vero Beach. The Sebastian River Medical Center, a private for-profit acute care facility, is located in the northern part of the County on U.S. 1. There are presently over 266 physicians serving the hospitals and area residents. The Sunshine Rehabilitation Center offers physical and speech therapy to handicapped children and adults. The educational system is administered on a County -wide basis by the School Board of Indian River County. The five -member School Board, elected for staggered four-year terms each, appoints a Superintendent of Schools. The County has 12 elementary schools, three middle schools, one freshmen learning center, and two senior high schools. There is one Special Education School for all grades. Enrollment for the 1995-1996 school year was 13,244 students. There are 867 administrative and teaching personnel and 715 non -instructional personnel. In addition to the public school system, there are several parochial and private schools. Indian River Community College, with its main campus located in Ft. Pierce, about 15 miles from Vero Beach, has branch campuwa in Vero Beach and in Okeechobee and 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, ten classrooms and office facilities. A-5 One daily newspaper is published in the County. There are five local radio stations. Television reception is good for the major commercial stations and cable is available to the County. Telephone service is supplied by Southern Bell. Vero Beach Electric System and Florida Power & Light Company supply electricity. LOCAL AND STATE TAXES Florida has no individual state income tax. Inheritance tax is confined to the amount allowed as a credit to the State from the tax levied by the United States government. The 6% regular sales tax plus the 1% local option sales tax applies to all items except groceries and medicines. Under the Florida Homestead Exemption law, no municipal or county taxes are levied against the first $25,000 for valuation of a home occupied by its owners except for special assessments. It is a state law that all tax appraisals must be at 10D% of value. The Florida corporate tax is 5.5% with an exemption and no surcharge. The Board of County Commissioners of Indian River County is limited by the Constitution of Florida to an ad valorem tax levy of 10.0 mills per $1,000 of assessed value for operating expenditures, with an additional 10.0 mills within special created municipal servict taxing units. All taxes are due and payable on November 1 of each year or as soon thereafter as the assessment roll is certified and delivered to the Tax Collector. All unpaid taxes become delinquent on April 1 following the year in which they are assessed. Discounts are allowed for early payment at the rate of 4% in the month of November, 3% in the month of December, 2% in the month of January and 1% in the month of February. The taxes paid in March are without discount. Delinquent taxes on real property bear interest of 18% per year. On or prior to June 1 following the tax year, certificates are sold for all delinquent taxes on real property. After sale, tax certificates bear interest of 18% per year or at any lower rate bid by the buyer. Application for a tax deed on any unredeemed tax certificates may be made by the certificate holder after a period of two years. Unsold certificates are held by the County. Delinquent taxes on personal property bear interest of 18% per year until the tax is satisfied either by seizure and sale of the property or by the five-year statute of limitations. The County does not accrue its portion of the County -held certificates due to the immaterial amount. The following tables provide statistical information on the County's tax collection history, assessed property values, debt structure and principal taxpayers: A-6 INDIAN RIVER COUNTY, FLORIDA ASSESSED AND ESTIMATED ACTUAL VALUE OF TAXABLE PROPERTY LAST TEN FISCAL YEARS Percent of Total Fit' scal 4.72025 6.92780 1.77208 Total Assessed to Total Yea Real Property Personal Property Total Assessed Estimated Estimated jadjd Assessed Value Assessed Value Value Actual Value Actual Value<t) 1985 3,534,025,949 187,757,610 3,721,782,559 3,721,782,559 100.0 1986 3,781,716,839 229,364,177 4,011,081,016 4,011,081,016 100.0 1987 3,974,44157 259,733,289 4,234,191,446 4,276,961,057 99.0 1988 4,387,121,880 280,414,239 4,667,536,119 4,667,536,119 100.0 1989 4,570,700,250 303,141,158 4,873,841,408 4,873,841,408 100.0 1990 4,954,816,716 32097,153 5,276,213,869 5,276,213,869 100.0 1991 5,353,680,640 347,990,177 5,701,670,817 5,782,627,603 98.6 1992 6,200,439,440 362,973,529 6,563,412,969 6,656,605,445 98.6 1993 6,385,346,500 364,537,718 6,749,884,218 6,749,884,218 100.0 1994 6,703,739,975 372,223,746 7,075,963,721 7,061,811,794 99.8 1995 7,305,049,473 530,825,131 7,835,874,604 7,835,874,604 100.0 Source: (1) Department of Revenue, State of Florida and Indian River County 1994-1995 Comprehensive Annual Financial Report. INDIAN RIVER COUNTY, FLORIDA PROPERTY TAX RATES - ALL OVERLAPPING GOVERNMENTS (PER $1,000 OF ASSESSED VALUE) LAST TEN FISCAL YEARS Independent County -Wide Taxing Districts Total axiTng Districts Fiscal School County - AM tl Board Other(2) Wide i i e Ot110T 1986 4.72025 6.92780 1.77208 13.42013 3.95872 2.56083 1987 6.15344 6.92340 1.88558 14.96242 5.36896 256025 1988 7.21730 7.35880 2.17036 16.74646 5.55240 3.11748 1989 7.03750 759160 1.68019 16.30929 5.68680 3.08220 1990 7.14860 8.07040 2.00877 17.22777 6.08563 3.00710 1991 6.77130 8.32080 2.16825 17.26135 6.04394 3.01990 1992 6.15160 9.36170 1.91520 17.42850 4.82256 4.00770 1993 5.65490 956260 2.72080 17.93830 4.58254 1.63707 1994 5.77090 9.84460 258730 18.20280 4.61054 2.01939 1995 5.92350 10.34800 2.74083 19.01233 4.40633 2.00503 (1) Per Florida Statute 200.071, no ad valorem tax millage shall be levied against real property and tangible personal property by counties in excess of 10 mills, except for voted levies. (2) Composite tax rates (3) Average tax rate Source: State of Florida and Indian River County 19941995 Comprehensive Annual Financial Report. A-7 (1) Total assessed value $7,305,049,473 Source: Indian River County Property Appraiser A-8 INDIAN RIVER COUNTY, FLORIDA PROPERTY TAX LEVIES AND COLLECTIONS LAST TEN FISCAL YEARS Percent Cur eet Percent Delinquent Total of Total Recall TOW Tax of Levy Tax Tax Collections .%L Tax Collections Collected Collections Collections to Levu 1986 17,709,388 14970,965 95.83 42,828 17,013,793 96.07 1987 22=164 21,144969 94.86 27,719 21,174,688 94.99 1988 27,551,218 27,041,829 98.15 277,384 27,319,213 99.16 1989 28,110,296 26,916,117 95.75 93,(M 27,009,205 96.08 1990 32,890,687 31,471,607 95.69 77,376 31,548,983 95.92 1991 34,559,500 33,265,772 96.26 245,389 33,511,161 96.97 1992 36,316,457 34,977,492 96.31 102,452 35,079,944 96.60 1993 37,683.977 36,337,153 96.43 87,830 36,424,983 96.66 1994 39,304,957 37518,799 95.46 169,530 37,688,329 95.89 1995 37,475,209 35,835,301 95.02 667,860 36,503,221 97.41 Source: Indian River County 19941995 Comprehensive Annual Financial Report. INDIAN RIVER COUNTY, FLORIDA PRINCIPAL TAXPAYERS SEPTEMBER 30,1995 Percent 1995 of Total Assessed Assessed SIII Tvoe of Business Value(l) Value Bell South Telephone Utility $57,266,000 0.78% Felhmere Joint Venture Agriculture $49,080,184 0.67% Florida Power & Light Electric Utility $44,331,026 0.61% Windsor Properties & Club Land Development $43,320,745 0.59% lost Tree ViWge Land Development $29,734,242 0.41% Wal-Mart Stores, Inc. Retail $23,950,168 0.33% GHA Grand Harbor, Ltd. Land Development $22,129,910 0.30% Orchid Island Properties Land Development $18,896,326 0.26%, John's Idmd, Inc. band Development $15,032,603 0.21% Belair Groves Joint Venture Agriculture $12,121,451 0.17% TOW $315,862,655 4.32% (1) Total assessed value $7,305,049,473 Source: Indian River County Property Appraiser A-8 APPENDIX B FINANCIAL STATEMENTS OF THE COUNTY FOR FISCAL YEAR ENDED SEPTEMBER 30, 1995 INDIAN RIVER COUNTY, FLORIDA For the Fiscal Year October 1, 1994 Through September 30, 1995 Prepared By Finance Department Edwin M. Fry, Jr. Finance Director Indian River County, Florida GENERAL PURPOSE FINANCIAL STATEMENTS Fiscal Year Ended September 30, 1995 Board of County Commissioners Kenneth R. Macht Richard N. Bird Chairman Carolyn K. Eggert Fran B. Adams John W. Tippin Vice -Chairman Jeffrey K. Barton Clerk of the Circuit Court Ann Robinson Supervisor of Elections James E. Chandler County Administrator Jim Davis Director of Public Works Terry Pinto Director of Utilities H.T. "Sonny" Dean Director of General Services Elected Constitutional Officers Karl Zimmermann Tax Collector County Management David C. Nolte Property Appraiser Gary C. Wheeler Sheriff Charles P. Vitunac County Attorney Doug Wright Director of Emergency Services Robert Keating Director of Community Development Jack Price Director of Personnel and Human Services Joseph A. Baird Director of OfJ?ce of Management and Budget Indian River County, Florida GENERAL PURPOSE FINANCIAL STATEMENTS TABLE OF CONTENTS Fiscal Year Ended September 30,1995 Page Number REPORT OF INDEPENDENT ACCOUNTANTS ............................................ 1 GENERAL PURPOSE FINANCIAL STATEMENTS (COMBINED STATEMENTS - OVERVIEW) Combined Balance Sheet - All Fund Types and Account Groups and Discretely Presented Component Unit ..................................................... 3 Combined Statement of Revenues, Expenditures and Changes in Fund Balances - Primary Government - All Governmental Fund Types and Expendable Trust Fund............................................................... 5 Combined Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - Primary Government - All Govemmental Fund Types................................................................ 7 Combined Statement of Revenues, Expenses and Changes in Retained Earnings - All Proprietary Fund Types and Discretely Presented ComponentUnit..........................................................................11 Combined Statement of Cash Flows - All Proprietary Fund Types and Discretely Presented Component Unit.....................................................13 Notes to Financial Statements.................................................................17 COMBINING AND INDIVIDUAL ENTERPRISE FUNDS Enterprise Funds: Combining Balance Sheet................................................................. 63 Combining Statement of Revenues, Expenses and Changes in Retained Earnings (Deficit) . 67 Combining Statement of Cash Flows ...................................................... 69 Belger Harris Toombs I Elam & McAlpin C&Kwd "r AccouNant, Ch&vmd SuSul � Ifh Building 3160 Cardinal Drive Wro Beach, Florida 32963 /m/2348461 The Honorable County Commissioners and Constitutional Officers Indian River County, Florida We have audited the accompanying general purpose financial statements and the combining and individual enterprise funds of Indian River County, Florida, as of and for the year ended September 30, 1995, as listed in the table of contents. These financial statements are the responsibility of Indian River County, Florida, management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of Indian River County, Florida, as of September 30, 1995, and the results of its operations and the cash flows of its proprietary fund types for the year then ended, in conformity with generally accepted accounting principles. Also, in our opinion, the combining and individual enterprise fund statements referred to above present fairly, in all material respects, the financial position of each of the individual enterprise funds financial statements of Indian River County, Florida, as of September 30, 1995, and the results of operations of such funds and the cash flows of the individual enterprise funds for the year then ended in conformity with generally accepted accounting principles. r ztw'� CWS CAajakaL Vero Beach, Florida February 2,1996 Fort Pierce/lensen 9edthNero leach Member AICPA Member AICPA Liv' ion For CPA Firma Private Comp initw Prac tic a Ser hon �Mmber Hl'PA GENERAL-PURPOSE FINANCIAL STATEMENTS (COMBINED STATEMENTS - OVERVIEW) These basic financial statements provide a summary overview of the financial position of all funds, account groups and component units as well as the operating results of all funds. They also serve as an introduction to the more detailed statements and schedules that follow in the next subsection. 2 Indian River County, Florida OMRINED RAI AN SHER TYPES AND A .O 1N1T C:Ri ELY PRESENTED COMPONI September 30, 1995 The accompanying notes are an integmi part of the financial statements. 3 ,M Primary Proprietary Governmental Fund Types Fund Types Special Debt Capital Internal ASSETS General Revenue Service Projects Enterprise Service Cash and cab equivalents Investments S 5,146,011 S 22,450,108 S 464,072 S 1,973,110 S 6,620,106 f 427,400 Accounts receivable • net 7,380,687 330,768 17,755,887 225,998 1,089,699 7,369 500,226 1,246,023 3,000,000 useamenq receivable 533,025 1,387,159 1,479 Due from other funds Due fmm other govemniens 246,839 507,328 225,150 396,562 117336 2,500,000 422,059 84,371 138,217 1,000,000 7,372 lowest receivable Inventories 33,879 120,380 6,972 8,306 31,922 15,860 Restricted assets: 52,302 - 482,229 101,189 Cash and cash equivalents - 4,199,790 ' InvestmentsInvestm Impact fen ceivable re 12,280,1 S3 - Special assessments receivable 3,683,400 2,868,640 - - Property, pint and equipment 166,714,842 341,992 Accumulated depreciation Liar receivable _ (32,777,043) (279,706) Unamortized bond costs _ 634,844 713,840 - IntanBfble assets 32 - Deposits OTHER DEBITS ,864 1 '� Amount available In debt service funds Amount to be provided for retirement . of general longterm debt Total Assets and Other Debits f 13.719.814 f 41.907.110 S 1.685.448 S 5.403.701 S 168.634.355 f 4.615.586 LIABILITIES Accounts payable Retainage payable S 1,293,079S 830,380 S - S 112,993 S 674,413 $ 130,166 Claims payable 66,040 - 9,377 Due to other govtmments 302,041 19,615 - 4,411 1.406,000 Deferred compensation . Other deposits held in escrow 33,925 - 16,750 Deferred revenues 25,634 543,640 - 640 Due to other funds Payable from restricted assets: 208,748 97,954 3500000 ,, " Accounts payable - - 1,962,372 Retainajepayable 979,871 Accrued Imetal payable 45,815 364,393 Bonds payable - current portion - 2,025,000 Closure and malnWance costs payable 5,292,440 Customer deposits 1,115,376 Accrued compensated absences Capital kno _ 335,473 42,606 Bands payable Total Uabllides =1 45,815 57,887 893 139.120 4 - 1,578,772 EQUITY AND OTHER CREDITS Invates� general fixed assetsContri - ons Retained comings: - 70,677,378 637,642 Reserved Unreserved - 4,050,385 Fund balmces: - 19,764,110 2,399,172 Reserved Unreserved luudesignated_ 50,983 11,803,384 - 4013492481 1,639,633 5,264,581 Total Equity rad Other Credits Total Llabillilm Equity 11,834,367 10,349,481 1,639,633 3,264,361 94,492,073 3,036,Equity &ad Other Credits S 13.719.814 S 41.907.110 S 1.685.448 S 5.403.701 S 168.634.353 f 4.613.586 The accompanying notes are an integmi part of the financial statements. 3 ,M Cm�eunraent Compo eat Unit, llil Food(Memomadem otele Totals (Memorandum TYPO Account GMI- a Only) Ce -Neral Proprietary Only) Teat and Fixed Geaenl Long -Term Primery Housing Ileportliq Agmey Assets Debt Government Authority Entity S 3,SS3,919 S S 2,497,314 S 40,634,626 S 17,854 S 40,652,480 6.992 33,469,836 33,469,836 1,979,665 9,638 1,989,303 • - 333,025 t7t,f12t 1,742 4,056,360 4,056,360 - 1,790,616 19,325 1.809,941 4,321 219,319 219,319 - 640,241 640,241 ' 4,199,790 256,716 4,436,506 ' 12,280,153 12,280,133 ' 3,68S,400 3,683,400 ' - 92,611,470 2,868,640 259,668,304 9.696,028 2,868,640 269,364,332 ' (33,036,731) (1,464,860) (34,521,611) ' 634,844 634,80 ' - 713,840 713,840 ' 322,864 322,864 • - 11000 894 1,894 • - 1,639,633 1,639,633 1,639,633 23 827 S93 25 927S93 SQ)jS. S 92.611.470 S 27. 67176 S 36} A 9g8 $ 8.535.393 S 25.821,593 370.644.593 S 46,387 S • S - S 3,089,418 S 15,320 S 3.104,738 - 75,417 75,417 1,510,360 1,406,000 1.406,000 2,497,314 1,836,627 1.836,627 1,362,729 2,497,314 2,497,314 - - 1,613,404 1,613,404 249,639 569,934 9,871 579,805 - 4,036,360 4,036,360 ' 1,962,372 3,IS3 1,965,525 ' - 979,971 979,871 ' 410,208 4,200 414,408 ' 2.025,000 170.000 2,195,000 ' 5,292,440 5,292,440 ' -1,115,376 20,301 1,135,678 • - 2,193,017 2,671.096 2,671,096 ' 364,209 364,209 364,209 24,810.000 27.467,226 82,697,893 4 777 400 112.662,939 �5 000 87,475,293 117.663,185 - 92,611,470 - 92,611,470 92,611,470 ' - 71,313,020 3,464,312 74.779,332 • 4,050,585 229.795 4.280,380 ' 22,163,282 (159,758) 22,004,524 - 197 640 6,953,197 52.330,505 6.955,197 S2 330,f03 197W _ 92.611,470 249,446,059 3,335.349 252.911.408 $_ LOU& S 92.611.470 S 27.467 226 S 362.109.998 S --M3= S 4 Indian River County, Florida STATEMENT OF RIEV -N 1 .cEXPI t.ND CHANGES IN FUND RA-ANCf; PRIMARY GOVERJNMENT VTAL FUND TYPES AND EXP NDAI For the Year Ended September 30, 1995 Fund Balances at End of Year $--U.814.367 SQL The accompanying notes are an integral part of the financial statements. 5 Governmental Special REVENUES General Revenue Taxes Licenses and permits S 31,167,192 S 12,861,519 lntergovemmental 257,573 6,877 Charges for services 6,084,821 4,107,544 Fines and forfeitures 5,160,990 1,773,313 Special assessments 761,084 154,368 Interest - 2,128,987 Miscellaneous 990,902 1,720,379 Total Revenues 341,920 831,019 44,764,482 _ 23,584,006 EXPENDITURES Current: General government 13,617,405 993,579 Public safety Physical environment 18,413,087 11,094,114 Transportation 192,445 2,232,552 Economic environment 67,896 11,400,192 Human services 157,895 2,409,402 1,659,664 C Culture/Recreation Debtt Service: ervicice: 4,444,778 463,769 Principal 238,782 Interest and fiscal charges 16,047 ' Capital Projects Total Expenditures 39,557,737 27,843,870 Excess of Revenues Over (Under) Expenditures 5,206,745 _ (4,259,864) OTHER FINANCING SOURCES (USES) Operating transfers in 311,279 6,301,791 Operating transfers out Operating transfers to component unit (5,101,791) (2' Lease purchase proceeds 249,032 ,9) (8910 (89,107) Bond proceeds Total Other Financing Sources (Uses) (4,541,480) 14.8-6-0,953, _ 19,009 358 Excess of Revenues and Other Financing Sources Over (Under) Expenditures and Other Uses 665,265 14,749,494 Fund Balances at Beginning of Year 11,189,102 25,599,987 Fund Balances at End of Year $--U.814.367 SQL The accompanying notes are an integral part of the financial statements. 5 Fund Types Fiduciary Fund Type Expendable Totals Debt Capital Trust (Memorandum Service Projects (inmate Welfare) Only) S - $ 6,335,187 $ - S 50,363,898 - - - 264,450 1,108,029 - 11.300.394 - - 104,429 7,038,732 - - - 915,452 - - - 2,128,987 84,560 165,668 - 2,961,509 2,124 1,175,063 1,192,589 6,502,979 104,429 76,148,485 14,610,984 136,516 29,643,717 - - - 2,424,997 - 11,468,088 • - 157,895 4,069,066 - 4,908,547 700,000 682,285 - 2,423,611 1,382,285 2,423,611 136,516 (189,696) 4,079,368 (32,087) • 553,000 553,000 (189,696) 4,632,368 (32,087) 1,829,329 632,213 229,727 S 1.639.633 $ —12154JIL S 197.640 6 938,782 698,332 2.423.611 71,344,019 4,804,466 7,166,070 (7,166,070) (89,107) 249,032 14,860,953 15,020,878 19,825,344 39,480,358 S 59.305.702 Indian River County, Florida COMBINED STATEMENT OF RV .N IFS EXPENDITURES AND CHANGES IN FUND BA -AN - c . R rD ..T AND ACTUAL PRIMARY GOVERNMENT ALL .OV -RNM -NTA . F IND TYPES For the Year Ended September 30, 1995 REVENUES Taxes Licenses and permits latargowmmental Charges for services Fines and forfeitures Special assessments Interest Miscellaneous Total Revenues EXPENDITURES Current: General government Public safety Physical environment Transportation Economic environment Human services Culture/Recreation Debt Service: Principal retirement Interest and fiscal charges Capital Projects Total Expenditures Excess of Revenue Over (Under) Expenditures OTHER FINANCING SOURCES (USES) General 14,153,571 13,617,405 Variance 18,728,488 18,413,087 Favorable Budget Actual (Unfavorable) S 29,704,696 $ 31,167,192 $ 1,462,496 276,150 257,573 (18,577) 5.739,079 6,084,821 345,742 4,169,025 5,160,990 991,965 589,550 761,084 171,534 812,240 990,902 178,662 363,992 341,920 (22,072) 41,654,732 44,764,482 3,109,750 14,153,571 13,617,405 536,166 18,728,488 18,413,087 315,401 197,530 192,445 5,085 67,900 67,896 4 180,631 157,895 22,736 2,484,965 2,409,402 75,563 4,641,865 4,444,778 197,087 265,980 238,782 27,198 16,049 16,047 2 40,736,979 39,557,737 1,179,242 917,753 5,206,745 4,288,992 Operating transfers in 512,406 311,279 (201,127) Operating transfers out (5,101,791) (5,101,791) _ Operating transfers to component unit _ Lease purchase proceeds 249,032 249,032 Bond proceeds Total Other Financing Sources (Uses) (4,340,353) (4,541,480) (201,127) Excess of Revenues and Other Financing Sources Over (Under) Expenditures and Other Uses $ (3.422,600) 665,265 $ 4.087.865 Fund Balances at Beginning of Year Fund Balances at End of Year 11,189,102 $ l 1.854.367 The accompanying notes are an integral pant of the financial statements. 7 ■' Special Revenue Debt Service 993,579 Variance - - - Favorable Budget Actual (Unfavorable) S 11,758,120 $ 12,861,519 $ 1,103,399 3,000 6,877 3,877 3,491,545 4,107,544 615,999 1,361,087 1,773,313 412,226 165,161 154,368 (10,793) 1,605,784 2,128,987 523,203 900,578 1,720,379 819,801 443,730 831,019 387,289 19,729,005 23,584,006 3,855,001 Debt Service 1,201,719 993,579 Variance - - - Favorable Bud¢et Actual (Unfavorable) - - 14,850,000 2,232,552 1,040,128 1,108,029 67,901 95,000 84,560 (10,440) 1,135,128 1,192,589 57,461 1,201,719 993,579 208,14(r - - - 11,306,267 11,094,114 212,153 - - - 14,850,000 2,232,552 12,617,448 - - - 16,557,364 11,400,192 5,157,172 - - 1,897,307 1,659,664 237,643 - - 727,507 463,769 263,738 - - - - 700,000 700,000 - - - 735,128 682,285 52,843 46,540,164 27,843,870 18,696,294 1,435,128 1,382,285 52,843 (26,811,159) (,42 59,864) 22,551,295 (300,000) (189,696) 110,304 6,300,291 6,301,791 1,500 - - (2,140,803) (2,064,279) 76,524 - (89,606) (89,107) 499 - 14,800,000 14,860,953 60,953 - 18,869,882 19,009,358 139,476 S 57.9412771 14,749,494 $22.690.771 25,599,987 S 40,349.481 $ 1a4Qm (189,696) $ 110,304 1,829,329 Continued 8 $ 1.639.633 Indian River County, Florida COMBINED STATEMENTOF REV .N .S- EXPENDITURES AND CHANGES IN FUND BALANCES - 011DOPT ANDA ACTUAL Continued PRIMARY GOVERNMENT ALL GOVERNMENTAL FL]ND TYPES For the Year Ended September 30, 1995 REVENUES Taxes Licenses and permits Inwilavarmeatal Charges for services Fines and forfeitures Special assessments Interest Miscellaneous Total Revenues EXPENDITURES Current: General government Public safety Physical environment Transportation Economic environment Human services Culture/Recreation Debt Service: Principal retirement Interest and fiscal charges Capital Projects Total Expenditures Excess of Revenue Over (Under) Expenditures OTHER FINANCING SOURCES (USES) Operating transfers in Operating transfers out Operating transfers to component unit Lease purchase proceeds Bond proceeds Total Other Financing Sources (Uses) Excess of Revenues and Other Financing Sources Over (Under) Expenditures and Other Uses Fund Balances at Beginning of Year Fund Balances at End of Year Canital Proiects 8,019,653 2,423,611 Variance 8,019,653 2,423,611 Favorable Budget Actual (Unfavorable) $ 5,448,153 $ 6,335,187 $ 887,034 106,500 165,668 59,168 2,124 2,124 5,554,653 6,502,979 948,326 8,019,653 2,423,611 _ 5,596,042 8,019,653 2,423,611 5,596,042 (2,465,000) 4,079,368 6,544,368 553,000 553,000 553,000 553,000 S Q12.QQQ) 4,632,368 $ 6,544.368 632,213 S-120.581 The accompanying notes are an integral part of the financial statements. 9 Totals (Memorandum Onl 15,355,290 14,610,984 Variance 30,034,755 29,507,201 Favorable Budget Actual (Unfavorable) S 46,910,969 $ 50,363,898 S 3,452,929 279,150 264,450 (14,700) 10,270,752 11,300394 1,029,642 5,530,112 6,934,303 1,404,191 754,711 915,452 160,741 1,605,784 2,128,987 523,203 1,914,318 2,961,509 1,047,191 807,722 1,175,063 367,341 68,073,518 76,044,056 7,970,538 15,355,290 14,610,984 744,306 30,034,755 29,507,201 527,554 15,047,530 2,424,997 12,622,533 16,625,264 11,468,088 5,157,176 180,631 157,895 22,736 4,382,272 4,069,066 313,206 5,369,372 4,908,547 460,825 965,980 938,782 27,198 751,177 698,332 52,845 8,019,653 2,423,611 5,596,042 96,731,924 71,207,503 25,524,421 (28,658,406) 4,83053 33,494,959 7,365,697 7,166,070 (199,627) (7,242,594) (7,166,070) 76,524 (89,606) (89,107) 499 249,032 249,032 - 14,800,000 14,860,953 60,953 15,082,529 15,020,878 (61,651) S (13 19,857,431 S 33.433.308 39,250,631 $ 59,108,062 10 Indian River County, Florida COMBINED cTATFMENT OF RFV N IEe APENSU AND C AN , ES IN RTARdF )-ARNIN .C.c ALL PROPRIETARY trrD TYPES AND DIcrRETF v PRESENTED COi570NFNT I INIT For the Year Ended September 30, 1995 The accompanying notes are an integral part of the financial statements. 11 Primary Government Internal OPERATING REVENUES Enterprise Service Charges for services $ 25.222.642 $ 2,002,028 OPERATING EXPENSES Personal services Materials, supplies, services and other operating 7,501,402 504,961 Depreciation 7,257,596 1,833,570 Total Operating Expenses 6,445,877 _ 25,675 21,204,875 2,364,206 Operating Income (Loss) 4,017,767 (362,178) NONOPERATING REVENUES (EXPENSES) Interest income grantsOperating 8ts 2,435,678 260,141 Gain on disposal of equipment 266,956 218 Interest expense 26,284 - Bond amortization expense (2,386,814) Intangible amortization expense ,423) (12(222,867) ' Loss on disposal of equipment Total Non -Operating Revenues (Expenses) (1,000) 193.814 260.359 Income (Loss) Before Operating Transfers 4,211,581 (101,819) OPERATING TRANSFERS Operating transfers from primary government Net Income (Loss) 4,211,581 (101,819) Add: Depreciation on contributed assets 2,113,820 Increase (Decrease) in Retained Earnings 6,325,401 (101,819) Retained Earnings at Beginning of Year 17,489,294 2,500,991 Retained Earnings at End of Year $ 23.814 695 $_1399,172 The accompanying notes are an integral part of the financial statements. 11 Totals 5,882 Totals (Memorandum Component (Memorandum Only) Unit Only) Primary Housing Reporting Government Authority Entity S_ 27,224,670 $ 617,438 $_ 27,842.108 8,006,363 210,661 8,217,024 9,091,166 209,499 9,300,665 6,471,552 300,222 6,771,774 23,569,081 720,382 _ 24,289,463 3,655,589 (102,944) 3,552,645 2,695,819 5,882 2,701,701 267,174 267,174 26,284 - 26,284 (2,386,814) (51,023) (2,437,837) (122,423) (122,423) (24,867) (24,867) (1,000) (8,644) 454,173 (52,785) 401,388 4,109,762 (155,729) 3,954,033 89,107 89,107 4,109,762 (66,622) 4,043,140 2.1 3,820 111,799 2,225,619 6,223,582 45,177 6,268,759 19,990,285 25.860 20,016,145 S 26313.867 S 71.037 S 26.284.904 12 Indian River County, Florida COMB NED STATEMENT OF CASH F OWc ALL PROPRIRTARY F UivD TYP c ASD MoflnFTFt }� PRRCFNTRD G )MPONFNT UNIT For the Year Ended September 30, 1995 CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Principal paid on long-term debt Primary Government Interest paid on long-term debt (3,385,027) Internal 51,037 Enterprise Service CASH FLOWS FROM OPERATING ACTIVITIES (22,801,261) (29,288) Bond issuance costs Cash received from customers $ 25,163,916 S 2,002,106 Cash paid to suppliers for goods and services (6,299,832) (1,693,050) Cash paid to employees for services (7,483,643) (501,614) Net Cash Provided by (Used in) Operating Activities 11,380,441 ___(L92,558 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES $ 6,620,106 S 427,400 Operating transfers from primary government . Advance to other funds _ (1,000 000) Operating grants Net Cash Provided by (Used in) Noncapital Financing Activities 264.049 218 264,049(999,782) CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Principal paid on long-term debt (1,960,000) Interest paid on long-term debt (3,385,027) Proceeds from sale of fixed assets 51,037 Proceeds from refund of deposit on land purchase 22,022,070 Purchase of fixed assets Bond paying agent fees (22,801,261) (29,288) Bond issuance costs (5,645) (8,250) . Proceeds from advances from other funds 3,500,000 . Capital contributed by others 5,361,409 Net Cash Used in Capital (440,692) and Related Financing Activities (19,247,737) (29,288) CASH FLOWS FROM INVESTING ACTIVITIES Purchase of investment securities (12,731,473) (2,000,000) Proceeds from sale and maturities of investment securities 22,022,070 2,513,210 Interest and dividends on investments 2,415,069 267.726 Net Cash Provided by Investing Activities 11,705,666 780.936 Net Increase (Decrease) in Cash and Cash Equivalents 4,102,419 (440,692) Cash and Cash Equivalents at Beginning of Year 6,117,477 868.092 Cash and Cash Equivalents at End of Year S 10.819.896 S 427_gQQ Classified As: Current assets Restricted assets $ 6,620,106 S 427,400 Totals 4,199,790 S 10.819.896 $ 427 400 The accompanying notes are an integral part of the fmancial statements. 13 W, Totals (169,000) Totals (Memorandum Component (Memorandum Only) Unit Only) Primary Housing Reporting Government Authority Entity $ 27,166,022 S 636,318 $ 27,802,340 (7,992,882) (195,055) (8,187,937) (7,985,257) (210,731) (81195,988) 11,187,883 230,532 11,418,415 89,107 89,107 (1,000,000) - (1,000,000) 264,267 264.267 (735,733) 89,107 (646,626) (1,960,000) (169,000) (2,129,000) (3,385,027) (51,087) (3,436,114) 51,037 - 51,037 - 10,000 10,000 (22,830,549) (2,273) (22,832,822) (5,645) - (5,645) (8,250) - (8,250) 3,500,000 - 3,500,000 5,361,409 - 5.361.409 (19,277,025) (212,360) (19,489,385) (14,731,473) - (14,731,473) 24,535,280 - 24,535,280 2,682,795 5,882 2,688,677 12,486,602 5,882 12,492,484 3,661,727 113,161 3,774,888 7,585,569 161,409 7,746,978 $ 11247 296 $ 274.570 $ 11.521.866 S 7,047,506 S 17,854 S 7,065,360 4.199,790 256,716 4,456,506 S 11 247 296 S 274.370 S 11.521.866 Continued 14 Indian River County, Florida COlutt; lNED cTA r FMFNT OF eSH FLOWS- S ContmoipA Y It�D TYP .c AND DIRCnG'rGr v PRESENTED CnmPONr` m r r Tkim For the Year Ended September 30, 1995 r NONCASH CAPITAL AND RELATED FINANCING ACTIVITIES Contributed property, plant and equiprnmt S 1.811.618 $ The accompanying; notes are an integral part of the financial statements. 15 Primary Government Internal RECONCILIATION OF NET OPERATING Enterprise Service INCOME (LOSS) TO NET CASH PROVIDED 13Y (USED IN) OPERATING ACT[ VITIES Operating Income (Loss) S 4,017,767 $ _ (362,178) Adjustments to Reconcile Operating Income (Loss) to Net Cash Provided by (Used in) Operating Activities: Depreciation Allowance for doubtful accounts 6,445,877 25,675 (Increase) Decrease in assets: (31,783) Accounts receivable Due from other funds (223,316) 5,126 Due from other governments 55,876 Inventories 82,467 (5,048) Liens receivable (13,512) 7,561 Increase (Decrease) in liabilities (141,804) Accounts payable Due to other governments (118,146) 32,647 Other deposits in escrow 725 - Customer deposits (7,500) - Closure and maintenance costs payable 177,218 ' Deferred revenues 1,120,480 - Claims payable (1,667) Accrued compensated absences 100,312 17,759 3.347 Total Adjustments 7,362,674 169,620 Net Cash Provided by (Used in) Operating Activities S 11.3$0441 S r NONCASH CAPITAL AND RELATED FINANCING ACTIVITIES Contributed property, plant and equiprnmt S 1.811.618 $ The accompanying; notes are an integral part of the financial statements. 15 Totals 300,222 Totals (Memorandum Component (Memorandum Only) Unit Only) Primary Housing Reporting Government Authority Entity S 3,655,589 $ (102,944) $ 3,552,645 6,471,552 300,222 6,771,774 (31,783) - (31,783) (218,190) 12,809 (205,381) 55,876 - 55,876 77,419 5,875 83,294 (51951) - (51951) (141,804) - (141,804) (85,499) 4,503 (80,996) 725 - 725 (7,500) - (7,500) 177,218 196 177,414 1,120,480 - 1,120,480 (1,667) 9,871 8,204 100,312 - 100,312 21.106 21.106 7,532,294 333.476 7,865,770 S 11.187.883 S 230,332 S 11.418.41 S S 1.8 LUL S - $ _ 1.811,618 16 Indian River County, Florida NOTES TOFINANCIAi. RTATFAIEI�a Year Ended September 30,1 y95 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Indian River County, Florida, (the "County") is a political subdivision of the State of Florida, created pursuant to Chapter 7 of the Florida Statutes. It is governed by an elected Board of County Commissioners (the "Board") which is governed by state statutes and regulations. In addition to the members of the Board, there are five elected Constitutional Officers, pursuant to Article 8, Section 1(d), of the Constitution of the State of Florida; Clerk of the Circuit Court, Property Appraiser. Sheriff. Supervisor of Elections, and Tax Collector. The Constitutional Officers maintain separate accounting records and budgets. The accompanying financial statements present the combined financial position of the various fund types and account groups, the combined results of operations of the various fund types, and the combined statement of cash flows of the proprietary fund types for the funds controlled by the Board, the County's Constitutional Officers and the County's component units. The Board funds a portion of, or in certain instances, all of the operating budgets of the County's Constitutional Officers. The payments by the Board to fund the operations of the Constitutional Officers are recorded as operating transfers out on the financial statements of the Board and as operating transfers in or charges for services on the financial statements of the Constitutional Officers. Accordingly, such amounts and the budget relating to those amounts have been eliminated in the accompanying combined financial statements. The accounting policies of the County conform to generally accepted accounting principles, as applicable to governments. The following is a summary of the more significant policies. A. Reporting Entity The concept underlying the definition of the reporting entity is that elected officials are accountable to their constituents for their actions. The reporting entity's financial statements should allow users to distinguish between the primary government (the County) and it's component units. However, some component units, because of the closeness of their relationships with the County, should be blended as though they are part of the County. Otherwise, most component units should be discretely presented. To accomplish this goal, the County's financial statements present the fund types and account groups of the County, including component units that have been blended, and provide an overview of the discretely presented component unit in a separate column. As required by generally accepted accounting principles, the financial reporting entity consists of (1) the primary government (the County), (2) organizations for which the County is financially accountable, and (3) other organizations for which the nature and significance of their relationship with the County are such that exclusion would cause the reporting entity's financial statements to be misleading or incomplete. The County is financially accountable if it appoints a voting majority of the organization's governing body and (a) it is able to impose its will on that organization or (b) there is a potential for the organization to provide specific 17 Indian River County, Florida NOTES TO FINANCIAL STATEMENTS - Continued Year Ended September 30,1995 NOTE I - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued A. Reporting Entity - Continued financial benefits to, or impose specific financial burdens on, the County. The County may be financially accountable if an organization is fiscally dependent on the County regardless of whether the organization has (a) a separately elected governing board, (b) a governing board appointed by a higher level of government, or (c) a jointly appointed board. Based on these criteria, County management examined all organizations which were legally separate in order to determine which organizations, if any, should be included in the County's financial statements. Management determined that the Solid Waste Disposal District, the Emergency Services District, and the Indian River County Housing Authority were the only organizations that should be included in the County's financial statements as component units. Solid Waste Disposal District (SWDD) - Created pursuant to County Ordinance 87-67, the Board of County Commissioners serves as the Board for the SWDD and sets the non ad valorem assessment fees for the SWDD. Although legally separate, the SWDD is appropriately blended as a proprietary fund type (enterprise) component unit into the primary government. Emergency Services District (EMS) - Created pursuant to County Ordinance 90-25, the Board of County Commissioners serves as the Board for the EMS and sets the millage rate for the EMS. Although legally separate, the EMS is appropriately blended as a governmental fund type (special revenue) component unit into the primary government. Discretely Presented Component Unit Indian River County Housing Authority (IRCHA) - Created pursuant to Chapter 421, Florida Statutes, the IRCHA, whose Board is appointed by the State of Florida, provides subsidized public housing in accordance with federal legislation. The County provides the primary funding for the operations of the IRCHA, maintains budgetary control over the operating costs of the IRCHA and provides use of certain furniture and equipment at no charge. Appropriations from the County totaled $95,742, and the related actual operating costs totaled $89,107 for the fiscal year. The IRCHA cannot overspend appropriations in total. Since the IRCHA is fiscally dependent on the County, it has been included in the general purpose financial statements of the County. The IRCHA is presented as a proprietary fund type. Separate financial statements for the Solid Waste Disposal District and the Emergency Services District are not presently developed. Separate financial statements for the Indian River County Housing Authority are available in the administrative office located at 1028 20th Place, Vero Beach, Florida 32960. IS Indian River County, Florida NOTES TO FINANCIAL STAT M NTS Continued :ar Ended September 30,1995 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued A. Reporting Entity - Continued Because the component units have been reported as if they are part of the County, there are limited instances where special note reference or separation will be required. If no separate note reference or categorization is made, the user should assume that information presented is equally applicable. B. Fund Accounting The accounts of the County are organized on the basis of funds and account groups, each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self -balancing accounts that comprise its assets, liabilities, fund equity, revenues and expenditures, or expenses, as appropriate. Government resources are allocated to and accounted for in individual funds based upon the purposes for which they are to be spent and the means by which spending activities are controlled. The purpose of the County's various funds and account groups is as follows: Governmental F rods General Fund - The General Fund is the general operating fund of the County. It is used to account for all financial resources, except those required to be accounted for in another fund. Special Revenue Funds - Special Revenue Funds are used to account for the proceeds of specific revenue sources (other than major capital projects) that are legally restricted to expenditures for specified purposes. Debt Service Funds - Debt Service Funds are used to account for the accumulation of resources for, and the payment of, general long -tem debt principal, interest and related costs. Capital Projects Funds - Capital Projects Funds are used to account for financial resources to be used for the acquisition or construction of major capital facilities (other than those financed by the proprietary funds.) P1pjzdel= Fun a Enterprise Funds - Enterprise Funds are used to account for operations (a) that are financed and operated in a manner similar to private business enterprises - where the intent of the governing body is that the costs (expenses, including depreciation) of providing goods or services to the general public on a continuing basis be financed or recovered primarily through user charges; or (b) where the governing body has decided that periodic determination of revenues earned, expenses incurred, and/or net income is appropriate for capital maintenance, public policy, management control, accountability or other purposes. 19 Indian River County, Florida NOTES TO FINANCIAL STATEMENTS - Continued Year Ended September 30, 1995 NOTE ll - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued B. Fund Accounting - Continued Internal Service Funds - Internal Service Funds are used to account for the financing of goods and services provided to other departments or agencies of the County, on a cost -reimbursement basis. Fiduciary Funds Trust and Agency Funds - Trust ar.' Agency Funds are used to account for assets held by the County in a trustee capacity or as an agent for individuals, private organizations, other governments, and/or other funds. These include Agency Funds and an Expendable Trust Fund. Account Groups General Fixed Assets - To account for all fixed assets of the County, except fixed assets of proprietary funds. General Long -Term Debt - To account for all the outstanding principal balances of general and special obligation bonds, capital leases, and compensated absences of the County, except long-term obligations of proprietary funds. C. Measurement Focus Governmental Fund T=, General, Special Revenue, Debt Service and Capital Projects Funds are accounted for on a "spending" or "financial flow" measurement focus. This means that only current assets and current liabilities are generally included on the balance sheets. Accordingly, the reported unreserved fund balance (net current assets) is considered a measure of available, spendable or appropriable resources. Governmental Fund Type operating statements present increases (revenues and other financing sources) and decreases (expenditures and other financing uses) in net current assets. Proiel=Fund Types The Enterprise and Internal Service Funds and the discretely presented component unit are accounted for on an "income determination" measurement focus. Accordingly, all assets and liabilities are included on the balance sheet, and the reported fund equity (total reported assets less total reported liabilities) provides an indication of the economic net worth of the fund. Proprietary Fund Type operating statements present increases (revenues) and decreases (expenses) in total economic net worth. 20 Indian River County, Florida NOTES TO FIN N IAI. STA MENTS. enntinueji Year Ended September 30, 1995 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued C. Measurement Focus - Continued The Expendable Trust Fund is accounted for in the same inanner as the Governmental Fund Types. The Agency Funds are custodial in nature (assets equal liabilities) and do not involve measurement of results of operations. Account Grouns The General Fixed Assets Account Group and the General Long -Term Debt Account Group are concerned only with the measurement of financial position. They are not involved with the measurement of results of operations. Fixed assets, which are not used in Proprietary Fund operations, are accounted for in the General Fixed Assets Account Group. Depreciation is not charged on the general fixed assets. Long-term debts, which are not intended to be financed through the Proprietary Funds, are accounted for in the General Long -Term Debt Account Group. D. Basis of Accounting Basis of accounting refers to when revenues and expenditures or expenses are recognized in the accounts and reported in the financial statements. Basis of accounting relates to the timing of the measurements made, regardless of the measurement focus applied. All Governmental Funds are accounted for using the modified accrual basis of accounting. Under the modified accrual basis, revenues are recognized when they become measurable and available as net current assets. Primary revenues, including taxes, intergovernmental revenues, charges for services, rents and interest are treated as susceptible to accrual under the modified accrual basis. Other revenue sources are not considered measurable and available and are not treated as susceptible to accrual. Expenditures are generally recognized under the modified accrual basis of accounting when the related fund liability is incurred. An exception to this general rule is that principal and interest on general long -teen debt is recognized when due. PrQ rie = Funds The Enterprise and Internal Service Funds and the discretely presented component unit are accounted for using the accrual basis of accounting. Under this method, revenues are recognized when they are earned and expenses are recognized when they are incurred. Unbilled utility receivables are recorded at year end. The County applies all GASB pronouncements as well as all FASB Statements and Interpretations, APB Opinions and Accounting Research Bulletins, issued on or before November 30, 1989, which do not conflict with or contradict GASB pronouncements. 21 Indian River County, Florida NOTES TO FINANCIAL STATEMENTS - Continued Year Ended September 30, 1995 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued Fiduci= Funds The Expendable Trust Fund and the Agency Funds are accounted for on the modified accrual basis. If.. Cash and Investments The County maintains a cash and investment pool that is available for use by all funds. This pool has deposits and all highly liquid investments (including restricted assets) with maturities of ninety days or less when purchased. In addition, longer -tern investments are held by several of the County's funds. Pooled cash is classified as "Cash and Cash Equivalents", and pooled investments are combined with other separate investments and classified as "Investments" in the financial statements. Cash and cash equivalents and investments of Constitutional Officers are maintained in separate accounts, but have been combined with the Board's cash and cash equivalents and investments for financial statement purposes. F. Investments Investments consist of money market funds, U.S. Treasury Securities, U.S. Government Agency Securities, various mortgage-backed securities such as collateralized mortgage obligations and adjustable rate mortgage pools, the Local Government Surplus Funds Trust Fund and the Florida Counties Investment Trust Fund. Investments are recorded at cost, or amortized cost, in the balance sheet, except for investments held in the deferred compensation plan, which are reported at market. G. Allowance for Doubtful Accounts The County provides an allowance for water and sewer accounts receivable that may become uncollectible. At September 30, 1995, this allowance was $393,551. The Housing Authority provides an allowance for rents receivable which may become uncollectible which amounted to $16,064 at September 30, 1995. No other allowances for uncollectible accounts are maintained since other fund accounts receivable are considered collectible as reported at September 30, 1995. H. Inventories Inventories are valued at cost, which approximates market, using the "first -in, first -out" method of accounting. The costs of General Fund and Expendable Trust Fund inventories are recorded as expenditures when consumed rather than when purchased. Inventory of the Clerk of the Circuit Court, included in the Combined Agency Funds, represents documentary stamps on consignment from the State of Florida. Stamps are carried at cost, which is their face value. 22 Indian River County, Florida NOTES TO FINANCIAL STATEMENTS Continued Year Ended September 30, 1995 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued I. Property, Plant and Equipment Property, plant and equipment purchased in the Governmental Fund Types are recorded as capital outlay expenditures at the time of purchase. Such assets are capitalized at cost in the General Fixed Assets Account Group, except for certain improvements other than buildings ("infrastructure") such as roads, bridges, curbs and gutters, streets and sidewalks, drainage systems and lighting systems. Donated and confiscated assets are recorded in the General Fixed Assets Account Group at their fair market value at the time received. No depreciation has been provided on general fixed assets. The Board holds legal title for the general fixed assets used in the operations of the Board, Clerk of the Circuit Court, Property Appraiser, Supervisor of Elections and Tax Collector, and is accountable for them under Florida Law. The Sheriff is accountable for and thus maintains general fixed asset records pertaining only to equipment used in his operations. These assets have been combined with the Board's general fixed assets in the General Fixed Assets Account Group. Property, plant and equipment of the Proprietary Fund Types are recorded at cost. Donated property, plant and equipment are capitalized at their fair market value at the time received. Depreciation is provided using the straight-line method over the estimated useful lives of the various classes of depreciable assets. The estimated useful lives of the various classes of depreciable assets are as follows: A= Years Buildings and improvements 25-40 Machinery and equipment 3-10 Utility distribution systems 25-50 J. Capitalization of Interest Interest costs related to bond issues are capitalized during the construction period. These costs are netted against applicable interest earnings on construction fund investments. During the current period, the Water and Sewer System Enterprise Fund incurred interest expense during the construction period totaling $982,360. Related interest earnings on construction fund investments totaled $50,282 for the net capitalized interest of $932,078. K Unamortized Bond Costs Bond issuance costs and legal fees associated with the issuance of Proprietary Fund revenue bonds are amortized over the life of the bonds using the straight-line method of accounting. 23 Indian River County, Florida NOTES TO FINANCIAL STATEMENTS - Continued Year Ended September 30, 1995 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued L. Unamortized Bond Discounts Bond discounts associated with the issuance of Proprietary Fund revenue bonds are amortized according to the interest method, which results in a constant rate of interest being applied to the amount outsim g at any given time. For financial reporting, unamortized bond discounts are netted against the applicable long-term debt. M. Intangible Assets Land use rights were purchased by the Water and Sewer System Fund from the Golf Course Fund for irrigating the golf course with treated effluent. Leachate disposal rights were purchased by the Solid Waste Disposal Fund from the Water and Sewer System Fund for removal and transportation of leachate from the County landfill to the sewer system. These assets are being amortized using the straight-line method over the estimated useful life of 20 years. N. Deferred Revenues Deferred revenues reported in applicable Governmental Fund Types represent unearned revenues or revenues which are measurable but not available and, in accordance with the modified accrual basis of accounting, are reported as deferred revenues. The deferred revenues will be recognized as revenue in the fiscal year they are earned or become available. 0. Accrued Compensated Absences The County records compensated absences in the Governmental Fund Types as an expenditure for the amount accrued during the year that would normally be liquidated with expendable available financial resources. The liability is reported in the General Long -Term Debt Account Group. Proprietary Fund Types accrue compensated absences in the period they are earned. P. Obligation for Bond Arbitrage Rebate Pursuant to Section 148(f) of the U.S. Internal Revenue Code, the County must rebate to the United States Government the excess of interest earned from the investment of certain debt proceeds and pledged revenues over the yield rate of the applicable debt. Based on calculations as of September 30, 1995, the County has no liability for arbitrage rebate on any of the county's outstanding debt. 24 Indian River County, Florida NOTES TO FINANCIAL STATEMENTS-- Continued Year Ended September 30, 1995 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued Q. Landfill Closure Costs Under the terns of current state and federal regulations, the Solid Waste Disposal District (SWDD) is required to place a final cover on closed landfill areas, and to perform certain monitoring and maintenance functions for a period of up to thirty years after closure. The SWDD recognizes these costs of closure and post -closure maintenance over the active life of each landfill area, based on landfill capacity used during the period. Required obligations for closure and post -closure costs are recognized in the Solid Waste Disposal District Enterprise Fund. R. Contributions The contributions accounted for in the Proprietary Fund Types represent contributions from other funds, developers, state and federal capital grant programs, and impact fees charged to new customers for their anticipated burden on the existing system. Depreciation expense on contributed fixed assets is reflected in the statement of revenues, expenses and changes in retained earnings. Depreciation on contributed fixed assets is transferred to the related contribution accounts (reducing contributions) instead of retained earnings. S. Budgets and Budgetary Accounting The County uses the following procedures in establishing the budgetary data reflected in the financial statements: (1) The Constitutional Officers submit, at various times, to the Board and to certain divisions within the Department of Revenue, State of Florida, a proposed operating budget for the fiscal year commencing the following October 1. The operating budget includes proposed expenditures and the means of financing them. (2) The Department of Revenue, State of Florida, has the final authority on the operating budgets for the Tax Collector and the Property Appraiser included in the General Fund. 25 Indian River County, Florida NOTES TO FINN IAL. STATEMENTS . Continue Year Ended September 30, 1995 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued S. Budgets And Budgetary Accounting - Continued (3) On or before July 15 of each year, the Director of the Office of Management and Budget, as the Board's designated budget officer, submits to the Board a tentative budget for the ensuing fiscal year. The tentative budget includes proposed expenditures and the means of financing them. The Board then holds workshops to review the tentative budget by fund on an object level. (4) During September, public hearings are held pursuant to Section 200.065 of the Florida Statutes in order for the Board to receive public input on the tentative budget. At the end of the last public hearing, the Board enacts ordinances to legally adopt the budgets at the fund level for all governmental and proprietary fund types. The budgets legally adopted by the Board set forth the anticipated revenues by source and the appropriations by function. (5) Formal budgetary integration on an object level is used as a management control device for the governmental and proprietary funds of the County. Management is authorized to transfer budgeted amounts between objects and departments in any fund as long as management does not exceed the total appropriations of a fund. Board approval to amend the budget is only required when unanticipated revenues are received that management wishes to have appropriated, thereby increasing the total appropriations of a fund. (6) Budgets for the governmental and proprietary fund types are adopted on a basis consistent with generally accepted accounting principles. (7) Appropriations for the County lapse at the close of the fiscal year. 26 Indian River County, Florida CO FINANCIAL. STATEMENTS _ C Year Ended September 30, 1995 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued & Budgets and Budgetary Accounting - Continued (8) Revisions made to the original budget by the County for unanticipated revenues were as follows: Legally Ad*W Original Budget Revised Reserves and Expenditure 911111111 Ameodmm11 awn 1randen Allmaildam General Fad S Ste;1110 S 6711W Special Revenue Funds: j_53,051,1jQ 512.31.1.171 S 40.736 979 Rood lmpovananFace Polios Acadatny Trust 6,931,000 93.434 1391,393 8,342,393 1,000,000 7,311,393 court kworvamant 17.500 - 220,771 93,434 238,271 93,434 83,271 Section I- Rental Assistance Secondary Rada CatMrucdon 1,361,190 3,710,000 163,601 1,521,79/ 89,606 I,I33,138 Transportation 8,606,376 26.237 3,740,000 8,632,633 2,372,387 831,780 1,361,113 7,780,353 Spacial Law Eaforamant 38.000 30,2% 13,2% 81,2% Parka Diveloposent Fula cy SwAces District 111,100 11,300,700 315,069 111,100 18.000 93.100 Treat Ordwassm Finn 46,000 11,115.769 833,777 10.991,992 Tourist Development 311,300 82,957 46.000 624.457 16.000 20,730 30.000 603,707 911 Swdwp Mull Abse 369.491 116,021 369.491 %,071 273,417 Stow Noodng Initiatives 186,021 12,300 173,321 Partnership Meaooiun Pbnning 250.000 138,111 403,144 108,111 orlwdistic e Lead Ao*"Itim 233,053 14,100,000 233,053 233,053 mwti-iwomcdonw 14,Ioo,000 14.100.000 Task Face Native Uplads Land 12.999 12.999 11.999 Acquisition Vero Iaker F.atases Drainage Dianct 215,060 30,000 273,650 50.000 490,710 50.000 Public Records MOda 111=60 l 125,000 125,000 209,360 211,130 Non Ad Valorem Pr*m 113,131 10,451 125,000 Street Uoting Districts 117-111 1-600 1111.611 113,137 Total Special Revenue Fads 49216.695 2.972 M0 322611 e�3 11.737 156.376 Dab Service Fu11d1: a7 71 46.540.164 RaRmdineand Improvement 6oeda 1,323.121 30.000 Tow Debt Service Fmds 1,383.121 50.006 1.435.121 1.431.121 1.135.122 Clow Roads Funds: 1.133.121 to" Riva Boulevard Nath 2,000.000 2.000.000 opuonel Saks Tex 5,516.653 133,000 3,669,633 200.000 Gifford3,669,633 Rad Conshuchon 100.11100 TOW Clow h0j" Funds 7.916.637 ------0 400-000 2.%9.63r 50.000 360653 Enterprise Funds: 60.000 9-01964Solit Sold Wowoucle Disposal Disoict 7,110,312 10,682 7,181,224 382,163 7,099,061 CoumyBuilding 2.793,664 132,349 6,487 3,935 2,102.131 136,184 61,469 2.734,632 Water A Sower 21.1162.612 60.000 21.111.642 836,131 Total Enterprise Funds 32.167.191 21.ao4 32.2/11.201 --LH2m 15,312622 Insernal Service Funds: —L 2 9 392 26911.609 Flael Manaleaneat 1,129.229 1,129.229 Salfbtvjmwe IA61.6a3 133..23 1.129,229 TOWbService Funds . .2 15,3111 2n . 2±3170 I 22AU 2.531702 TOW Primary 0ovarnan waj=� 6 COMPONENT UNIT_ Nousia8 Authority S L—A= 27 'A Indian River County, Florida NOTES TO FINANCIAL STATEMENTS - Continued Year Ended September 30, 1995 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued S. Budgets and Budgetary Accounting - Continued (9) The following is a comparison of the revised budget to total expenses for the proprietary funds for the fiscal year ended September 30,1995: T. Total Columns on Combined Statements - Overview Total columns on the combined statements are captioned "Memorandum Only" to indicate that they are presented only to facilitate financial analysis. Data in these columns do not present financial position, results of operations, or cash flows in conformity with generally accepted accounting principles. Neither are such data comparable in a consolidation. Interfund eliminations have not been made in the aggregation of these data. 28 Variance Revised Total Favorable Budo Expcnses (Unfavorable) Prim= Government Enterprise Funds: Solid Waste Disposal District $7,099,061 $7,213,336 $(114,275) Golf Course 2,734,682 2,640,863 93,819 County Building 836,184 806,474 29,710 Water and Sewer System 15,318,682 13,079,306 2,239,376 Internal Service Funds: Fleet Management 1,129,229 1,047,482 81,747 Self Insurance 1,222,473 1,316,724 (94,251) Component Unit Housing Authority 823,339 779,049 44,290 T. Total Columns on Combined Statements - Overview Total columns on the combined statements are captioned "Memorandum Only" to indicate that they are presented only to facilitate financial analysis. Data in these columns do not present financial position, results of operations, or cash flows in conformity with generally accepted accounting principles. Neither are such data comparable in a consolidation. Interfund eliminations have not been made in the aggregation of these data. 28 Indian River County, Florida MOTES TO FMN .IA . STA M NT4 Continued Year Ended September 30, 1995 NOTE 2 - CASH AND INVESTMENTS The County maintains a cash and investment pool that is available for use by all funds except those whose cash and investments must be segregated due to bond covenants or other legal restrictions. A. Deposits At September 30, 1995, the carrying amount of the Primary Government's deposits was $44,834,416 and was made up of demand deposits, certificates of deposit, money market accounts, savings accounts and petty cash. The component unit's deposits totaled $274,570 and were made up of demand deposits. All deposits with financial institutions were 100% insured by federal depository insurance or by collateral pursuant to the Public Depository Security Act of the State of Florida. B. Investments Florida Statutes, the County's Investment Policy, and various bond covenants authorize investments in certificates of deposit, money market accounts, savings accounts, repurchase agreements, the Local Government Surplus Funds Trust Fund administered by the Florida State Board of Administration, Florida Counties Investment Trust Fund, obligations of the U.S. Government, obligations of government agencies unconditionally guaranteed by the U.S. Government, obligations of the Federal Farm Credit Banks, obligations of the Federal Home Loan Mortgage Corporation, including Federal Home Loan Mortgage Corporation participation certificates, obligations of the Federal Home Loan Bank, obligations of the Government National Mortgage Association, obligations of the Federal National Mortgage Association and securities of any management type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. ss. 80a-1 et seq., provided the portfolio is limited to U.S. Government obligations and to repurchase agreements fully collateralized by U.S. Government obligations. Money market accounts, savings accounts, certificates of deposit, and bank balances are reported as deposits above. The County invested in only these types of instruments during the fiscal year. All of the County's investments that can be categorized are Category 1, which gives an indication of the level of credit risk assumed at year end. Category 1 is defined as insured or registered or for which the securities are held by the County or its agent in the County's name. Investments in the Local Government Surplus Funds Trust Fund, Florida Counties Investment Trust Fund, money market accounts and guaranteed investment contracts are not categorized since the investments are not evidenced by securities that exist in physical or book entry form. The Local Government Surplus Funds Trust Fund is similar to a mutual fund in that funds are available on a same day basis. As of September 30, 1995, the Local Government Surplus Funds Trust Fund had 650 local government participants with total investments of approximately $6.4 billion. The portfolio's average maturity was 50 days. 29 Indian River County, Florida NOTES TO FINANCIAL STATEMENTS - Continued Year Ended September 30, 1995 NOTE 2 - CASH AND INVESTMENTS - Continued B. Investments - Continued The Florida Counties Investment Trust Fund is similar to a mutual fund in that funds are available on a same day basis. As of September 30, 1995, the Florida Counties Investment Trust Fund had 22 local government participants with total investments of approximately $215 million. The portfolio's average maturity was 2.5 years. Upon issuance of the Water and Sewer Bonds, Series 1993A and Series 19938, the County invested the required sinking reserve monies, $3,139,285, in a guaranteed investment contract. This contract is for the life of the bonds and has a rate of earnings slightly less than the arbitrage yield of the bonds. Schedule of Investments at September 30, 1995 Carrying Market Amount Value U.S. Treasury Securities $ 4,234,473 $ 4,224,058 U.S. Government Agency Securities 35,878,916 34,581,689 Guaranteed Investment Contract 3,139,285 3,139,285 Money Market Account 13,466,096 13,466,096 Local Government Surplus Funds Trust Fund 20,483,179 20,483,179 Florida Counties Investment Trust Fund 5,,000.000 5.009.142 Total Investments $ 82-2 $ 80.90 •449 30 Indian River County, Florida NOTES TO FINANCIAL STATEMENTS - Continued Year Ended September 30, 1995 NOTE 2 - CASH AND INVESTMENTS - Continued B. Investments - Continued Collateralized mortgage obligations (CMOs) and adjustable rate mortgage pools (ARMs) are investments used by the County to maximize yields and protect against rising interest rates. The CMOs and the ARMs are based on cash flows from principal and interest payments on underlying mortgages. The CMOs have a fixed interest rate; therefore, as interest rates rise, they will decline in value. The ARMs have an adjustable interest rate based on an underlying index; therefore, they will normally retain their value as interest rates change. Due to the increase in interest rates over the fiscal year, the CMOs declined in value since their interest rates did not increase. In addition to the cash and temporary cash investments listed above, employee deferred compensation plan (see Note 11) cash and temporary cash investments were $2,497,314, which are carried at market value. These investments are held separately from those of other County funds. As prescribed by the plan documents, the investment portfolios include investment obligations of the U.S. Government, mutual funds and money market accounts, and are held by the plan administrators but not in the County's time. NOTE 3 - PROPERTY TAX REVENUES Property tax revenues recognized for the 1994-95 fiscal year were levied in October, 1994. Virtually all unpaid taxes are collected via the sale of tax certificates prior to fiscal year end; therefore, there were no material taxes receivable at fiscal year end. Key dates in the property tax cycle (latest date where appropriate) are as follows: Date of lien Assessment roll certified Property taxes levied Beginning of fiscal year for which taxes have been levied Tax bills rendered Collection period 31 Revenues for Fiscal Year Ending September 0, 1995 January 1, 1994 October 14, 1994 October 31, 1994 October 1, 1994 October 31, 1994 November 1, 1994 - March 31, 1995 Indian River County, Florida NOTES TO FINANCIAL STATEMENTS - Continued Year Ended September 30, 1995 NOTE 3. PROPERTY TAX REVENUES - Continued Revenues for Fiscal Year Ending Se ternber 30. 1995 Property taxes payable: Maximum discount November 30, 1994 Due date March 31, 1995 Delinquent April 1, 1995 Tax Certificates sold on unpaid property taxes June 1, 1995 NOTE 4 - PROPERTY, PLANT AND EQUIPMENT A. General Fixed Assets A Summary of changes in the General Fixed Assets Account Group follows: Total Buildings Property, and Construction Plant and Lmd Improvements Eaujp= In Progress Balance at October 1, 1994 $20,436,382 $31,188,787 $19,188,448 $16,661,118 $87,474,735 Additions 1,966,120 18,455,840 2,222,269 2,483,071 25,127,300 Deletions - (875,242) (19115,323) (19, 90.565) Balance at September 30, 1995 jjj40e $49.644 G27 520 53 �$ 592.611 470 B. Proprietary Fund Type Fined Assets A summary of proprietary fund type property, plant and equipment follows: Prima Government: Land Buildings, distribution systems and improvements Equipment Construction in progress Total Property, Plant and Equipment Less: Accumulated depreciation Total Primary Government 14 32 Internal Entelprisc ServictY S 7,702,460 $ - 121,657,706 113,977 10,711,780 26,642,896 228,015 166,714,842 32,777,045 341,992 279.706 Indian River County, Florida NOTES TO FINANCjAj CTATF .t NTS Continued Year Ended September 30, 1995 NOTE 4 - PROP-ERTY, PLANT AND EQUIPMENT - Continued B. Proprietary Fund Type Fixed Assets - Continued Component snit: Internal Land $ 4Service Building and improvements 9,032,524 Equipment 244" 4g - Total Property, Plant and Equipment 9,696,028 Less: ,Lccumulated depreciation 1 Total Component Unit Total Reporting Entity S 142 S6 NOTE 5 - RESTRICTED CASH AND CASH EQUIVALENTS AND INVESTMENTS Various bond coveanants, resolutions and state regulations require that the County restrict cash and cash equivalents and investments within the Enterprise Funds. Restricted cash and cash equivalents and investments are as follows: Primary Government Solid Waste Water Disposal Golf County and Sewer Sinking Funds$1,2D 40 488 CQ 718 Sid $4,453,812 Renew I d a an Replacement 1,718,114 Customer Deposits 34,264 Capital Construction 318,792 Closure and Mainte. nance Costs 5,292,440 Insurance and property, Tax Escrow Component Unit Entity Housing TQ1a1 $6,277,018 $ 18,290 366,786 - 1,053,793 3,138,693 23,720 1,057,392 1,115,3 76 97,208 - 240,416 656,416 5,292,440 170,077 22,798 Reporting TQtal $6,295,308 3,308,770 1,138,174 656,416 5,292,440 S8'6� S1.04�6.712� S6'8� S16.4� L 45 SSI 526 S16.7-16,659 33 4 Indian River County, Florida NOTES TO FINANCIAL. STATEMENTS - Continued Year Ended September 30,1995 NOTE 6 - PAYABLE FROM RESTRICTED ASSETS Liabilities payable from the County's Enterprise Funds restricted assets listed above are as follows: NOTE 7 - INTERFUND ACCOUNTS The following is a summary of interfund receivables and payables as of September 30, 1995, which includes Due To/Due From Other Funds: Eund General Fund Special Revenue Funds: Court Facilities Transportation Special Law Enforcement Emergency Services District Drug Abuse Metropolitan Planning Organization Vero Lakes Estates NonAd Valorem Projects Street Lighting Districts � 34 I $246,839 $208,748 5,315 - 54,002 19,603 - 142,165 - 799 10,000 - 63,067 803 - - 24,887 2,463 - Primary Government Component Reporting Unit Entity Solid Waste water Disposal Golf County and Sewer Housing nostrict Course Ruildina Sysiem Total AuthoritX Total Accounts payable S - S - $ - $1,962,372 $1,962,372 S 3,153 $1,965,525 Retainage payable - 3,593 - 976,278 979,871 - 979,871 Accrued interest payable 119,072 37,743 207,578 364,393 4,200 368,593 Bonds payable (current portion) 580,000 280,000 - 1,165,000 2,025,000 170,000 2,195,000 Closure & maintenance costs payable 5,292,440 - - - 5,292,440 - 5,292,440 Customer deposits 34.264 23.720 1.057.392 1.115.376 20.302 1.135.678 UQ WALQ ULZ= L= ULM= NOTE 7 - INTERFUND ACCOUNTS The following is a summary of interfund receivables and payables as of September 30, 1995, which includes Due To/Due From Other Funds: Eund General Fund Special Revenue Funds: Court Facilities Transportation Special Law Enforcement Emergency Services District Drug Abuse Metropolitan Planning Organization Vero Lakes Estates NonAd Valorem Projects Street Lighting Districts � 34 I $246,839 $208,748 5,315 - 54,002 19,603 - 142,165 - 799 10,000 - 63,067 803 - - 24,887 2,463 - Indian River County, Florida NOTES TO FINANCIAL STATEMENTS - Continued Year Ended September 30, 1995 NOTE 7 - INTERFUND ACCOUNTS - Continued Capital Project Funds: Optional Sales Tax Gifford Road Construction Enterprise Funds: Solid Waste Disposal District Water and Sewer System Internal Service Funds: Self Insurance Agency Funds: Clerk of the Circuit Court Sheriff Tax Collector Totals NOTE 8 - LONG-TERM DEBT A. Primary Government $2,000,000 $ 500,000 - 82,499 1,872 3,500,000 1,000,000 - 79,742 35,082 —134.1334 54.0 S4.05�6.360� The County has adopted resolutions for bonds payable that provide for various covenants. The covenants are listed below for each bond payable. Pledge of Revenue - The Series 1988 bonds are payable from and collateralized by a lien on net revenues of the system, including the proceeds derived from the collection of disposal charges which are annual assessment charges against assessable property for the disposal of solid waste. Establishment of Various Accounts - Pursuant to certain covenants, the County has established and maintains the following accounts: (1) Operating account to pay all operating and maintenance costs of the system. (2) Sinking Fund account to pay principal and interest payments coming due during the current fiscal year. (3) Reserve account to accumulate an amount equal to the maximum amount of principal and interest coming due in any ensuing fiscal year. 35 Indian River County, Florida NOTES TO FINANCIAL STATEMENTS Continued Year Ended September 30, 1995 NOTE 8 - LONG-TERM DEBT - Continued A. Primary Government - Continued (4) Rawwal and Replacement Fund and capital projects account to pay for the costs of enlargements, replacements or emergency repairs to the system. The amounts to be maintained in these accounts are determined by consulting engineers. The amounts in these accounts are restricted by the bond resolution. Other Covenants - The resolution provides for several additional covenants such as required revenue rates, minimum insurance levels, adoption of annual budget, and certain required engineering reports. Bonds Issued - At September 30,1995, the revenue bonds consisted of the following: Interest Outstanding at Rates and Original September 30, Description Rate Maturity Issue 122 1988 Solid Waste Disposal 5.25-7.4% System Revenue Bonds 6/1 and 12/1 6/1/02 $8,240,000 $5,020,000 Less: Current portion Long -Term Portion Optional Redemption - The revenue bonds maturing on or after June 1, 1997, are subject to redemption prior to maturity, at the option of the County on and after June 1, 1996, in whole or in part, at any time, on any interest payment date at par plus accrued interest and plus a premium ranging between 0% and 2% depending on the year of redemption. Recreational (.olf Course) Revenue Refunding Bonds, Series 199 Pledge of Revenue - The revenue bonds are collateralized by a lien on the net revenues derived from the operations of the project and racetrack and jai alai fronton funds accruing annually to the County. Establishment of Various Accounts - Pursuant to certain covenants, the County has established and maintains the following accounts: (1) Operating account to reflect all transactions which relate to the project 36 Indian River County, Florida NOTES TO FINANCIAL STATEMENTS - Continued Year Ended September 30, 1995 NOTE 8 - LONG-TERM DEBT - Continued A. Primary Government - Continued Recreational (Golf Course) Revenue Refunding Bonds -Series 199 Continued (2) Sinking Fund account to pay principal and interest coming due during the current fiscal year. The amounts in this account are restricted by the bond resolution. (3) Reserve Fund account to accumulate an amount equal to the maximum amount of principal and interest coming due in any ensuing fiscal year. This account may be established at the option of the Board of County Commissioners. The amounts in this account are restricted by the bond resolution. (4) Renewal and Replacement Fund account to pay for the costs of extensions, enlargements, additions, replacements or emergency repairs to the system. The amounts deposited into this account are detemained by the County Administrator. The amounts in this account will be restricted by the bond resolution and may be withdrawn only upon the authorization of the County Administrator. Other Covenants - The bond resolution provides for additional covenants such as an annual audit requirement, rate covenant tests and minimum insurance levels. Bonds Issued - At September 30, 1995, the revenue bonds consisted of the following: Optional Redemption - The Revenue Bonds, maturing on or after September 1, 2004 (except the Series 1993 Term Bonds maturing on September 1, 2016) are subject to redemption prior to maturity, at the option of the County on and after September 1, 2003, in whole or in part, at any time, on any interest payment date at par plus accrued interest and plus a premium ranging between 0% and 2% depending on the year of redemption. 37 S Interest Outstanding at Rates and Original September 30, Description D,= maturity Issue 1.22 1993 Recreational Revenue 2.80-5.25% 9/1/16 $9,875,000 $9,325,000 Refunding Bonds 3/1 and 9/1 Less: Current portion 280,000 Unamortized discount 309,57,7_ Long -Term Portion 58.7 Optional Redemption - The Revenue Bonds, maturing on or after September 1, 2004 (except the Series 1993 Term Bonds maturing on September 1, 2016) are subject to redemption prior to maturity, at the option of the County on and after September 1, 2003, in whole or in part, at any time, on any interest payment date at par plus accrued interest and plus a premium ranging between 0% and 2% depending on the year of redemption. 37 S Indian River County, Florida NOTES TO FINANCIAL. STATEMENTS - Continued Year Ended September 30,1995 NOTE 8 - LONG-TERM DEBT - Continued A. Primary Government - Continued Water and Sewer Revenue Bonds Series 1993A and 1993H Pledge of Revenues - The revenue bonds are collateralized by a pledge of all net revenues derived from the operation of the system. Establishment of Various Accounts - Pursuant to certain covenants, the County has established and maintains the following: (1) Revenue Fund account to pay all operating and maintenance costs of the system. (2) Sinking Fund account to pay principal and interest coming due during the current fiscal year. The amounts in this account are restricted by the bond resolution. (3) Reserve Fund account to accumulate an amount equal to the maximum amount of principal and interest coming due in any ensuing fiscal year. An initial deposit was made from bond proceeds with the remainder derived from operating revenues. The amounts in this account are restricted by the bond resolution. (4) Renewal and Replacement Fund account to pay all costs of extensions, enlargements, additions or replacement of capital assets of the system and for emergency repairs to the system. Bonds Issued - At September 30, 1995, the revenue bonds consisted of the following: Interest Outstanding at Rates and Original September 30, Description bate Maturity Issue 1.225 Water and Sewer 2.60%-6.50% Revenue Bonds, 3/1 and 9/1 2024 $47,190,000 $45,475,000 Series 1993A Series 1993B 2.600/o-4.800/0 3/1 and 9/1 2000 3,330,000 2.100,000 550.5 47,575,000 Less: Current portion 1,165,000 Unamortized bond discount 1,697.530 Long -Term Portion 38 Indian River County, Florida NOTES TO FINANCIAL STATEMENTS Continued Year Ended September 30, 1995 NOTE 8 - LONG-TERM DEBT - Continued A. Primary Government - Continued Optional Redemption - The revenue bonds, Series 1993A, maturing on or after September 1, 2009 are subject to redemption prior to maturity, at the option of the County on and after September 1, 2008, in whole or in part, at any time, on any interest payment date at par plus accrued interest and plus a premium ranging between 0% and 2% depending on the year of redemption. Extraordinary Mandatory Redemption - The revenue bonds, Series 1993B, are subject to extraordinary mandatory redemption, in whole or in part, on any interest payment date, from monies received on prepayments of special assessments, at par plus accrued interest. B. Discretely Presented Component Unit On April 1, 1986, August 23, 1988, and July 16, 1991, the Housing Authority adopted resolutions authorizing the issuance of revenue bonds payable to the U.S. Department of Agriculture, Farmers Home Administration, for the purpose of financing a part of the cost of acquiring, erecting and constructing low -rent, multi -family housing facilities (Victory Park Apartments - Phase 1 and Phase II and Orangewood Park Apartments), including the repayment of certain notes payable to the State of Florida for the acquisition of land. The bond and interest thereon are payable solely from and collateralized by a prior lien upon and a pledge of the gross revenues to be derived from the projects. The revenue bond resolution provides for the following: Bonds Issued - The revenue bond obligation consists of: 39 Original Balance Interest Revenue Outstanding DescLpIl4D Rate Bond September 30, Indian River County and Rates 1% per annum on Commitment 122 Housing Authority the unpaid balance Revenue Bonds: payable September 1 each year Victory Park Phase I Victory Park $1,908,000 $1,527,000 Phase II Orangewood Park 11908,000 1,583,000 Apartments 2,006.4QQ 1,937,40n Less: Current portion LW"M 4,947,400 170.000 Long -Tenn Portion S4 39 Indian River County, Florida NOTES TO FINANCIAL STATEMENTS - Continued Year Ended September 30, 1995 NOTE 8 - LONG-TERM DEBT - Continued B. Dheretely Presented Component Unit - Continued Optional Redemption - Each revenue bond is redeemable at the option of the Housing Authority at par plus accrued interest and plus a premium ranging between 0% and 50/a, depending on the year of redemption and the holder of the bond at the time of redemption. The Housing Authority may redeem, in whole or in part, at any time, the principal portion of each revenue bond on any interest payment date, at the price of par plus accrued interest, without premium if the bond is held by the U.S. Department of Agriculture, Farmers Home Administration. Establishment of Various Accounts - The Loan and Grant Resolution provides for the creation and establishment of the following accounts, which are to be deposited with a depository in the State of Florida, which is a member of the Federal Deposit Insurance Corporation and which is eligible under the laws of the State of Florida to receive public funds: (1) Revenue Account to deposit all gross revenues and provide for payment of costs of operation and maintenance of the project. (2) Bond Service Accounts: The revenue bond resolutions provide for the following: • Interest Account to deposit monthly from Revenue Account 1/12 of all interest coming due on the next interest payment date. • Principal Account to deposit monthly from Revenue Account 1/12 of the principal amount which will become due on such annual maturity date. • Renewal, Replacement and Improvement Account to deposit from the Revenue Account $6,000 per month. In addition, at the end of each fiscal year, all excess funds remaining in the Revenue Account are deposited in the Renewal, Replacement and Improvement Account until the amount on deposit equals $720,000. • The revenue bonds do not constitute a lien upon the project or any part thereof or upon any other property of the Housing Authority or a pledge of the full faith and credit of the Housing Authority. 40 Indian River County, Florida NOTES TO FINANCIAL. STATEMENTS - Continued Year Ended September 30, 1995 NOTE 8 - LONG-TERM DEBT - Continued B. Discretely Presented Component Unit - Continued The Housing Authority collects fees, rentals and other charges for the use of the facilities of the project, and out of such funds pays the principal of and interest on the land, the necessary expenses of operation and maintenance, and all reserve and sinking fund requirements. Fees, rentals and other charges will not be reduced so as to be insufficient to provide funds for such purposes. The Housing Authority did not meet all of the required monthly reserve deposits and insurance escrow deposits as set forth in the bond resolution. • Monies in any account created in the resolution may be invested in authorized investments which mature not later than 15 days prior to the dates on which the monies will be needed for the purpose of such fund. Investments authorized pursuant to the resolution include direct obligations of the U.S. Government and bonds, debentures or notes backed by the full faith and credit of the U.S. Government. C. Annual Debt Service Payments - Enterprise Fund Bonds Payable The annual debt service payments to amortize the bonds payable outstanding at September 30, 1995, are as follows: Fiscal Year Ending Sptember 30. 19% 1997 1998 1999 2000 2001-2005 2006-2010 2011.2015 2016.2020 2021.2025 Totals Less: Amounts repre- senting interest Total Bonds Payable Leu: Current portion Unamortized bond discount Primary Government Component Reporting 1fIIit lEafiU Solid Waste Recreational Water and Disposal (Golf Course) Sewer System Refunding Revenue Revenue Revenue Refunding Housing Bands Ennds Bunds Tstal Authori TQtal $937,215 $732,918 $3,655,934 $5,326,067 $219,474 $5,545,541 938,355 732,417 3,636,828 5,307,600 219,774 5,527,374 935,575 730,818 3,617,215 5,283,608 219,054 5,502,662 939,375 733,517 3,599,335 5,272,227 219,324 5,491,551 938,%5 729,972 3,582,440 5,251,377 219,574 5,470,951 1,878,995 3,671,603 15,701,790 21,252,388 1,097,950 22,350,338 - 3,666,095 15,707,385 19,373,480 1,096,450 20,469,930 - 3,657,500 15,709,125 19,366,625 1,095,670 20,462,295 - 493,500 15,703,638 I im.000 16,197,138 11,093.000 1,024,390 225.842 17,221,528 6,568,480 15,148,340 92,006,690 113,723,510 5,637,502 ILUB,Q 119,361,012 1.548.480 5,020,000 5,823.340 9,325,000 44,431,690 47,575,000 51.803.510 61,920,000 _690-102 4,947,400 JL42= 66,867,400 580,000 280,000 309.577 1,165,000 1,697.530 2,025,000 2,007.107 170,000 2,195,000 1 2.007.107 UA= LLZ&Q 41 199,U= S 57M S 4,777-400 ` Indian River County, Florida NATES TO FINANCIAL. STATEMENTS _ Continued Year Ended September 30, 1995 NOTE 8 - LONG-TERM DEBT - Continued D. Changes in General Long -Term Debt A summary of changes in general long-term debt follows: Balance Balance October 1, September 30, 1924 Additions Deletions I Accrued Compensated Absences: Board Clerk of the Circuit Court Property Appraiser Sheriff Supervisor of Elections Tax Collector Compensation Payable: Sheriff Capital Leases: Property Appraiser Sheriff Tax Collector Bonds Payable: Refunding and Improvement Revenue Bonds -1985 Series Refunding Revenue Bonds -1992 Series General Obligation Bonds -1995 Series Totals $1,196,347 $89,390 $ - $1,285,737 90,079 7,061 - 97,140 47,863 - 19,857 28,006 608,150 236,232 - 844,382 3,310 - 41.067 -1•x.816 332,693 1,644 1,666 4.981 36086 _26,492 2-293-017 46.758 246,027 - 107,932 - 249.032 353.959 249.032 3,780,000 6,730,000 - 15.000.000 10.510.000 15.000,000 EL 42 116,445 129,582 107,932 - 14.405 234.627 238.782 364.209 220,000 3,560,000 480,000 6,250,000 15.000,000 700.000 24-910.000 51.012.022 527-4 Indian River County, Florida NOTES TO FIN NCIAI. STATEMENTS - Contin ed Year Ended September 30,1995 NOTE 8 - LONG-TERM DEBT - Continued E. General Long -Term Debt 0n November 1, 1985, the Board issued $9,855,000 of Refunding and Improvement Bonds, 1985 Series. The proceeds of this issue legally defeased the County's Capital Improvement Revenue Bonds, Series 1980 and 1981, and provided funds to finance the cost of construction and to reimburse the County for certain capital projects. The bonds and interest thereon are payable solely from and collateralized by a first lien upon and pledge of the County's half -cent sales tax and related investment income. (1) The Revenue Bonds consist of: (2) Disbursements or expenditures of bond proceeds which have been designated as construction funds shall be made only after written approval of the County Administrator or his designee. (3) Establishment and maintenance of various funds - • Revenue Fund to record County sales tax monies received by the County from the State. • Sinking Fund to pay principal and interest payments coming due during the current fiscal year. The amounts in this account are restricted by the bond resolution and thus, a reserve of fund balance has been established for them. (4) Other covenants - The resolution provides for several additional covenants such as required books and records and an annual audit. 43 Interest Outstanding at Rate Original September 30, Description and Rates maturity ISSug 1221 Refunding and Improvement Revenue Bonds, 1985 Series - 5.5%-8.75% Serial Bonds 9/1 & 3/1 1997 $4,000,000 $ 490,000 Term Bond 9/0 2000 1,735,000 910,000 Term Bond 9.125% 2002 1,440,000 755,000 Term Bond 9.125% 2005 2,680.000 S9.8� 1.405,000 53.5 (2) Disbursements or expenditures of bond proceeds which have been designated as construction funds shall be made only after written approval of the County Administrator or his designee. (3) Establishment and maintenance of various funds - • Revenue Fund to record County sales tax monies received by the County from the State. • Sinking Fund to pay principal and interest payments coming due during the current fiscal year. The amounts in this account are restricted by the bond resolution and thus, a reserve of fund balance has been established for them. (4) Other covenants - The resolution provides for several additional covenants such as required books and records and an annual audit. 43 Indian River County, Florida NOTES TO FINANCIAL. STATEMENTS - Continued Year Ended September 30, 1995 NOTE 8 - LONG-TERM DEBT - Continued E. General Long -Term Debt - Continued On December 8, 1992, the Board issued $7,530,000 of Refunding Revenue Bonds, Series 1992. 'Me proceeds of this issue legally defeased a portion of the County's Refunding and Improvement Bonds, Series 1985 and all of the County's Improvement Revenue Bonds, Series 1987. The bonds and interest thereon are payable from and collateralized by a pledge of the County's half -cent sales tax and related investment income. However, the Series 1992 Bonds are secured on a parity with the remaining outstanding Series 1985 Bonds. (1) The Refunding Revenue Bonds consist of: Interest Outstanding at Rates and Original September 30, Demcripflon D= Maturity is= 122 Refunding Revenue 2.70%-5.85% Bonds, Series 1992 3/1 & 9/1 2005 S S (2) Establishment and maintenance of various funds - • Revenue Fund to record County sales tax monies received by the County from the State. • Sinking Fund to pay principal and interest payments coming due during the current fiscal year. The amounts in this account are restricted by the bond resolution and thus, a reserve of fund balance has been established for them. (3) Other Covenants - The resolution provides for several additional covenants such as required books and records and an annual audit. Cif Indian River County, Florida NOTES TO FINANCIAL. STATEMENTS - Continue Year Ended September 30, 1995 NOTE 8 - LONG-TERM DEBT - Continued E. General Long -Term Debt - Continued On July 11, 1995, the Board issued $15,000,(100 of CTeneral Obligation Bonds, Series 1995. The issuance of the Series 1995 Bonds was approved by a majority of votes cast in a bond referendum held on November 2, 1992, by the qualified electors of the County. The referendum authorized a total of $26,000,000 aggregate principal amount of general obligation bonds, in one or more series, of which the Bonds are the first. The proceeds of this issue will provide funds to acquire by purchase, interest in environmentally significant lands, together with the necessary restoration, remediation and reclamation activities to preserve and enhance such property and customary and necessary costs incurred in the acquisition. The principal and interest on the bonds are payable from ad valorem taxes levied by the County upon the taxable real and personal property of the County. (1) At September 30,1995, General Obligation Bonds consisted of the following: Interest Outstanding at Rates and Original September 30, Description I22k Maturity L= i General Obligation Bonds, 1995 3.50%-5.00% Series 1/1 and 7/1 2010 515.0 SISQO (2) Disbursements or expenditures of bond proceeds shall be made only after approval by the Board. (3) The Resolution requires the creation of a Debt Service Fund, which will be held and administered by the County solely for the purpose of paying the principal, premium, if any, and interest on the Bonds, as they become due. Optional Redemption - The General Obligation Bonds, Series 1995, maturing on or after July 1, 2004, are subject to redemption prior to maturity, at the option of the County on and after July 1, 2003, in whole or in part, at any time, on any date at par plus accrued interest and plus a premium ranging between 010 and 2% depending on the year of redemption. 45 Indian River County, Florida NOTES TO FINANCIAL STATEMENTS - Continued Year Ended September 30, 1995 NOTE 8 - LONG-TERM DEBT - Continued E. General Long -Term Debt - Continued Anne Debt Service Payments - General Long -Ter„ Debt The annual debt service requirements to amortize all revenue bonds and general obligation bonds outstanding at September 30,1995, are as follows: Revenue Bonds Refunding General Fiscal Year and Refunding Obligation Ending Improvement Revenue Bonds September -& 1985 Series 1992 Series 1995 Serie 1996 $ 556,581 1997 556,312 1998 559,000 1999 553,800 2000 556,800 2001-2005 2,785,063 2006-2010 Totals 5,567,556 Less: Amounts representing interest 2,007.556 $ 821,401 825,901 822,276 827,070 824,470 4,121,350 8,242,468 $ 1,407,227 1,407,028 1,414,090 1,412,890 1,414,680 7,124,685 21,383,350 low $ 2,785,209 2,789,241 2,795,366 2,793,760 2,795,950 14,031,098 35,193,374 The revenue bonds and general obligation bonds are reported in the General Long -Tenn Debt Account Group since they do not represent obligations of any governmental or proprietary fund types. 46 Indian River County, Florida NOTES TO FINANCIAL. STATEMENTS - Continued Year Ended September 30, 1995 NOTE 8 - LONG-TERM DEBT - Continued F. Summary of Defeased Debt Outstanding The following outstanding revenue bonds are legally defeased. Since governmental obligations are held in escrow for the payment of principal and interest, the bonds are not liabilities of the County. Outstanding Retired Outstanding at During at September 30, Fiscal Year September 30, 1224 im 122 Capital Improvement Revenue Bonds: Series 1980 S3.5 100.000 Series 1981 S 5 Q Q 470.000 Series 1987 52.6 S 170 0002.52 Refunding and Improvement Revenue Bonds, Series 1985 53.425 OOOa S 1 53.2 Recreational Revenue Bonds: Series 1985 52.5 52.5_ Series 1991 55.8 S 1 5.7G0.000 Special Assessment Revenue Bonds: Series 19894 24 S 6 53.6 Series 1990 S 4 360.000 Water and Sewer Revenue Bonds, Series 1991 58.9 U= 58.7�35�0�00 Water and Sewer Revenue Refunding Bonds, Series 1989 5 95.000 SG•0 47 Indian River County, Florida NOTES TO FINANCIAL. STATEMENTS - Continued Year Ended September 30,1995 NOTE 8 - LONG-TERM DEBT - Continued G. Capital Leases and Notes Payable General Long -Term Debti al Leages The County has entered into several lease -purchase agreements to purchase various types of equipment with lease terms varying from 24-60 months. The following is a schedule of future minimum lease payments under capital leases, together with the present value of the net minimum lease payments, as of September 30,1995: Year Ending Property September 30; Appraise Tax Collector Total 1996 $ 57,436 $ 57,620 $115,056 1997 45,317 57,620 102,937 1998 38,022 57,620 95,642 1999 - 57,620 57,620 2000 43.216 43.216 Total Minimum Lease Payments 140,775 273,696 414,471 Less: Amount representing interest 11193 39.069 50.262 Present Value of Net Minimum Lease Payments S 12 5234627 S3 The following is an analysis of the leased property under capital leases: Capitalized Cost Type of Property Propcm ARptahei Tax Collector IQW Computer equipment $469,904 $249,033 $718,937 Automotive equipment 21'348 549 49.033 21-349 874 The equipment listed above is recorded in the General Fixed Assets Account Group. 48 Indian River County, Florida NOTES TO FINANCIAL STATEMENTS - Continued Year Ended September 30, 1995 NOTE 8 - LONG-TERM DEBT - Continued H. Conduit Debt Obligations From 1982 until 1987, Indian River County issued Industrial Revenue Bonds to provide financial assistance to private -sector entities for the acquisition, construction and equipping of industrial and commercial facilities deemed to be in the public interest. These facilities included two nursing hones, two utility systems, and three manufacturing facilities, for a total of seven series of industrial revenue bonds. The bonds are secured by the property financed and are payable solely from payments received on the underlying mortgage loans. Upon repayment of the bonds, ownership of the acquired facilities transfers to the private -sector entity served by the bond issuance. Neither the County, the State, nor any political subdivision thereof is obligated in any manner for repayment of the bonds. Accordingly, the bonds are not reported as liabilities in the accompanying financial statements. As of September 30, 1995, the County was unable to determine the current outstanding balance of the seven series of Industrial Revenue Bonds issued; however, the original principal amount of the bonds and the project (or firm) on whose behalf the bonds were issued is as follows: $fid Issue YCHi Bonds and Project Description $850,000 1982 Robert H. Davis & William A. Davis - Rampmaster Light metal material handling plant $4,000,000 1983 General Development Utilities - sewerage services $2,400,000 1983 Florida Health Facilities Corp. - 120 -bed nursing home $1,000,000 1983 Hutchinson Utilities - sewerage facility at The Moorings $2,500,000 1984 Hetra Computer & Communications Industries, Inc. - 40,000 sq. ft. manufacturing facility $4,800,000 1986 Florida Convalescent Centers, Inc. - 91 -bed skilled and intermediate care nursing home $913,000 1988 Profold, Inc. - manufacturing facility 49 Indian River County, Florida NOTES TO FINANCIAL. STATEMENTS Continued Year Ended September 30,1995 NOTE 9 - PROVISION FOR CLOSURE COSTS Current regulations of the U.S. Environmental Protection Agency (EPA) and the Florida Department of Environmental Protection (FDEP) require the Solid Waste Disposal District (SWDD) to place a final cover on closed landfill areas, and to maintain those areas for up to thirty years after closure. The SWDD recognizes the expenses associated with the final closure and post -closure maintenance of the landfill area over the active life of those areas. These costs are recognized in each operating period based on the amount of capacity used during that period, regardless of when cash disbursements are made for these costs. The SWDD annually obtains updated and revised estimates of total future closure and post -closure costs from its consulting engineers. The provision for closure costs reported in the financial statements as operating expense represents the portion of these estimated future outlays which are allocable to the current year based on the amount of capacity used. The total unrecognized closure and post -closure costs attributable to the currently active landfill area (Segment II) are approximately $1.8 million. These costs will be recognized in future periods as the remaining capacity is filled. This landfill area is expected to close in the year 1997. To date, 72% of the landfill capacity has been filled. All amounts recognized are based on what it would cost to perform all closure and post -closure functions in current dollars. Actual costs may be different due to inflation, changes in technology, or changes in laws and regulations. The SWDD is required by FDEP to annually show proof of ability to finance closure and post -closure costs, and has done so by fulfilling the requirements of the financial test provision of the regulation. At the same time, the SWDD is making annual deposits to a closure cost account to provide for the financing of future closure -related expenditures. The balance in the account, as of September 30, 1995, was $2,709,360. NOTE 10 - DEFINED BENEFIT PENSION PLANS Indian River County participates in the Florida Retirement System and the Firefighters Pension Plan. During the current year the County implemented GASB 27, Accounting for Pensions by State and Local Government Employ. A. Florida Retirement System Plan Description, The County's employees, except certain firefighters, participate in the Florida Retirement System (FRS), a cost-sharing multiple -employer public employee retirement system, administered by the Florida Department of Administration. The FRS is noncontributory for all members; all contributions are made by the employer. The FRS provides retirement and disability benefits, annual cost -of -living adjustments, and death benefits to plan members and beneficiaries. 50 Indian River County, Florida NOTES TO FINANCIAL STATEMENTS - Continued Year Ended September 30,1995 NOTE 10 - DEFINED BENEFIT PENSION PLANS - Continued Florida Statutes Chapter 121, as may be amended from time to time by the state legislature, determines contribution rates for the various membership classes of the FRS. The FRS issues a publicly available financial report that includes financial statements, ten-year historical trend information and other required supplementary information. That report may be obtained by writing to the Department of Administration, Division of Retirement, Cedars Executive Center, Building C, 2639 North Monroe Street, Tallahassee, Florida 32399-1560. Funding Policy: The FRS has five classes of membership with descriptions and contribution rates in effect during the period ended September 30, 1995 as follows (contribution rates are in agreement with the actuarially determined rates): Period 10/1/94 1/1/95 Regular Class - Members not qualifying for other classes. 17.66% 17.57% Senior Management Service Owns - Members of senior management who do not elect the optional annuity retirement program. 23.63% 24.54% Spr&L iak Class -Members employed as law enforcement officers, firefighters, or correctional officers and meet the criteria set to qualify for this class. 27.590/a 27.49% Snec'al Risk Admin'strattove quppgrt Clan . Special risk members who are transferred or reassigned to non -special risk and meet the criteria. 19.15% 18.47% Flected County ofii ees _I as - Certain elected county officials 26.63% 28.14% Contributions to the FRS, for the fiscal year ended September 30, 1995, were equal to 21.1% of the annual covered payroll. Contributions to the FRS for the fiscal years ended September 30, 1993, 1994 and 1995, were $6,480,038, $6,656,969 and $6,967,324, respectively, which are equal to 100% of the required contribution for each year. 31 Indian River County, Florida NOTES TO FIN NC A1. STATEMENT - Continued Year Ended September 30, 1995 NOTE 10 - DEFINED BENEFIT PENSION PLANS - Continued B. Firefighters Defined Benefit Pension Plan In October 1981, the South Indian River County Fire District took over the operations of the City of Vero Beach, Florida's Fire Department. Full-time firefighters were given the option of joining the Florida Retirement System (FRS) or remaining in the City's plan. Twenty full-time firefighters and all of the volunteers elected to remain in the City's plan. Those who joined the FRS received refunds of their contributions from the City's plan. Indian River County contributes to the City's plan, on behalf of eligible firefighters, which is a single -employer defined benefit pension plan. The City administers the plan, and by statute, retains fiduciary responsibility for this plan. The City accounts for the plan in a pension trust fund. The City's Comprehensive Annual Financial Report (CAFR) includes the required financial statements and required supplementary information for the plan. A copy of the City's CAFR may be obtained from the Finance Department of the City of Vero Beach, 1053 With Place, Vero Beach, FL 32960. Funding Policy and Annual Pension Cost: The City establishes and may amend the contribution requirements of plan members and the City in accordance with Florida Statutes. Indian River County's annual pension cost for the current year and related information for the plan is as follows: Contribution rates: Employee 7%of Compensation state Premium Tax Refund Employer None Required Annual Pension Cost $124.209 Contributions made $ 124,209 Actuarial valuation date October 1, 1994 Actuarial cost method Aggregate actuarial cost method Amortization method N/A Remaining unionization period None Asset valuation method Market value less unrecognized capital appreciation, Where capital appreciation is recognized at the rate of 20% per yew Aawarial assumptions: Investment rate of return 8% Projected salary increases 6% 52 Indian River County, Florida NOTES TO FINANCIAL STATEMENTS - Continued Year Ended September 30,1995 NOTE 10 - DEFINED BENEFIT PENSION PLANS - Continued Three Year Trend Information: Year Ending September 30, 1993 September 30, 1994 September 30, 1995 Annual Pension Cost (API $ 104,019 $144,421 $ 124,209 NOTE 11- DEFERRED COMPENSATION PLANS Percentage of APC Contributed Net Pension Oblivion 100% $ - 100% $ - 100% $ - The County offers its employees deferred compensation plans created in accordance with the Internal Revenue Code, Section 457. The plans permit them to defer a portion of their compensation until future years. The monies placed in the deferred compensation plans are not available to employees until tettnirtation, retirement, death, or an unforeseeable emergency. All amounts of compensation deferred under the plans, all property and rights purchased with those amounts, and all income attributable to those amounts, property, or rights are, until paid or made available to the employee or beneficiary, solely the property and rights of the County, subject only to the claims of the County's general creditors. Participants' rights under the plans are equal to those of general creditors in an amount equal to the fair market value of the deferred account for each participant. The County has no liability for losses under the plans, but does have the duty of due care that would be required of an ordinary prudent investor. The County believes that it is unlikely that it will use the assets to satisfy the claims of general creditors in the future. 53 Indian River County, Florida NOTES TO FINANCIAL. STATEMENTS - Continued Year Ended September 30, 1995 NOTE 12 - SEGMENT INFORMATION The County maintains Enterprise Funds for its Solid Waste Disposal District, Golf Course, County Building and Water and Sewer System Funds and its Component Unit Housing Authority Fund. Segment information for the year ended September 30, 1995, is as follows: 54 Primary Government Component Reporting U1111 Entity Solid Waste Water Disposal Golf County and Sewer Housing District Courst: 9uildiag SYSIM Tots) Authority Tole) Operating Revenue $8,070,781 $2,663,201 $984,398 $13,502,262 $25,222,642 $617,438 $25,840,080 Operating Grant Revenue 262,393 - - 4,561 266,936 - 266,936 Operating Depreciation Expense 1,497,343 230,336 21,940 4,696,058 6,445,877 300,222 6,746,099 Operating Income (Loss) 1,271,260 509,530 177,924 2,039,033 4,017,767 (102,944) 3,914,823 Operating Transfers from Primary Government - - 89,107 89,107 Net Income (Loss) 1,720,984 101,839 219,364 2,169,194 4,211,381 (66,622) 4,144,939 Fixed Assets: Additions 1,393,206 80,999 26,127 27,066,386 28,366,908 2,273 28,369,181 Deletions - net of accumulated depreciation 730,903 53,987 20,467 303,143 1,108,500 17,644 1,126,144 Net Working Capital 3,823,8% 37,174 768,613 1,178,878 3,810,363 21,626 3,832,189 Total Assets 19,835,012 8,472,243 833,610 139,471,490 168,634,333 8,533,395 177,169,930 Bonds Payable From Operating Revenues - Net 5,020,000 9,013,423 45,877,470 39,912,893 4,947,400 64,860,293 Total Equity (Deficit) 9,077,766 (690,583) 732,148 83,332,742 94,492,073 3,533,349 98,027,422 Current Year Increase in Contributions 297 7,033,610 7,033,907 - 7,033,907 54 Indian River County, Florida NOTES TO FINANCIAL. STATEMENT Continued Year Ended September 30,1995 NOTE 13 - OPERATING LEASES The County has entered into noncancelable operating leases, both as lessor and lessee. Lease terms vary from 2 to 30 years. Lease revenues totaled $82,431 and lease expenditures totaled $93,449 for the year ended September 30, 1995. The County also leases other equipment and office facilities as both lessor and lessee on a month-to-month basis. A. Future Minimum Lease Receipts The following is a schedule by years of minimum future rentals to be received on noncancelable operating leases for office space as of September 30: Year Ending September 30, 1996 $ 52,927 1997 51,127 1998 51,128 1999 51,128 2000 45,000 Remaining 405.000 Total future minimum lease receipts 565 The property being leased is included in the County's General Fixed Asset Account Group and has a carrying value of $834,273. B. Future Minimum Lease Payments The following is a schedule by years of minimum future rentals to be paid by the County for noncancelable operating leases for office space as of September 30: Year Ending September 30, 1996 $ 88,827 1997 59,952 1998 57,327 1999 19,248 2000 17,681 Remaining Total future minimum lease payments 55 Indian River County, Florida NOTES TO FINANCIAL STATEMENT ontinued Year Ended September 30, 1995 NOTE 14 - FUND EQUITY A. Reserved Retained Earnings The County has established certain reserves for restricted assets of the Enterprise Funds. These assets are restricted by various covenants within the revenue bond issues, as described in Note 8. Reserved retained earnings at September 30, 1995, consist of the following: Primary Govemment Component Solid Waste Water TOW llDit Total Disposal Golf and Sewer Primary Housing Reporting DjifllGt C= System Govemment pori Eab Reserved for debt service S 297,417 S 22,500 $ 273,183 S 593,100 S 14,167 S 607,267 Reserved for renewal and replacement 1,718,113 366,786 1,053,794 3,138,693 170,077 3,308,770 Reserved for insunna and Proper tax - 45,551 45,551 Reserved for TOW Capital projects 311792 319-79 311,792 e„ =0 f 1326.977 i9,4= Sii= W= 80 B. Changes in Proprietary Fund Contributions The following is a summary of changes in Proprietary Fund contributions by Fund: 56 Primary Govemment Component Reporting Fntewrise Flnd_a Internal Service Funda Ila En%lli Solid Waste Water Total Total DispOW Golf County and Sewer Fleet Self Primary Housing Reporting DIIIEW Seurat 9gildina Stumm 1!t•olgc= lnsuuora Government Authority Ewiu Contributions at October 1. 1994 5621,909 5423,513 $12,181 $64,699,688 5628,220 59,422 566,394,933 53,576,111 S69,971,044 Mama in watributlons 297 - 7,033,610 - 7,033,907 7,033,907 Dq=iation on contributed sums �'�� (2915-7311 (11111120 1111.1441 (2,225-619 Ccaributim at September 30, 1995 Muk Mug ELM JudlT.ir>!s i62i,22Q is lii ii1.113.4iQ i3.ltilr3li VL= 56 Indian River County, Florida NOTES TO FNANC AL STATE NTS - Continued Year Ended September 30,1995 NOTE 14 - FUND EQUITY - Continued C. Reserved Fund Balances The County has established certain reserves within the fund equity section of the governmental funds. Reserved fund balances at September 30, 1995, consist of the following: General Fund: Reserved for Emergency Management $25,483 Reserved for Pollution Control 25.500 Debt Service Funds: Reserved for Debt Service: Refunding and Improvement Bonds $1,639,148 Land Acquisition Bonds 485 LWUQ These reserves are the Fund balances that are restricted to debt service requirements of the bonds. Capital Projects Fund: Reserved for Capital Projects: Indian River Boulevard North $1,470,260 Optional Sales Tax 2,697,483 Gifford Road Construction 1.096,838 Wl These reserves are the Fund balances that are restricted to specific capital projects. NOTE 15 - FUND EQUITY DEFICIT The following funds had deficits in retained earnings at September 30,1995: ELnd Deficit Enterprise Fund: Golf Course $1,114,096 Internal Service Fund: Fleet Management $385,942 The retained earnings deficit in the Golf Course Enterprise Fund will be eliminated by anticipated operating income in future periods. The deficit at September 30, 1994 was $1,215,935 representing a decrease in the deficit of $101,839 at September 30, 1995. 57 Indian River County, Florida NOTES TO FINANCIAL STATFMFNTS Continued Year Ended September 30, 1995 NOTE 15 - FUND EQUITY DEFICIT - Continued The retained earnings deficit in the Fleet Management Internal Service Fund will be eliminated by anticipated operating income in future periods. The deficit at September 30, 1994 was $439,096 representing a decrease in the deficit of $53,514 at September 30, 1995. NOTE 16 - RISK MANAGEMENT The County is exposed to various risks of loss related to torts, theft of, damage to and destruction of assets, errors or omissions, injuries to employees, and natural disasters. During a previous fiscal year, the County established a fund to account for risk management called the Self Insurance Fund (an internal service fund). The risk management program began on November 1, 1998, and has provided coverage for the County as follows: The County purchases commercial insurance for claims in excess of coverage provided by the Fund and for all other risks of loss. All departments of the County participate in the program. Payments are made by various funds to the Self Insurance Fund based on past experience and actuarial estimates of the amounts needed to pay current year claims. The claims liability of $1,406,000 reported in the Fund at September 30, 1995, is based on the requirements of generally accepted governmental accounting standards, which require that a liability for claims be reported if information prior to the issuance of the financial statements indicates that it is probable that a liability has been incurred at the date of the financial statements, and the amount of the loss can be reasonably estimated. Estimates for claims incurred but not reported are actuarially determined and recorded. Changes in the fund's claims liability amount during the current and prior fiscal years are as follows: 58 As of 11/1198 10/1/89- 10/1/92- 10/1/94 10/1/94- Workers Compensation $ 100,000 _1111/82 $200,000 $ 150,000 Present $ 150,000 General Liability 100,000 500,000 200,000 200,000 Auto Liability 100,000 500,000 100,000 100,000 Property Damage 100,000 10,000 500-25,000 500.25,000 Errors or Omissions 25,000 25,000 200,000 200,000 Annual Aggregate 600,000 1,000,000 11000,000 1,000,000 The County purchases commercial insurance for claims in excess of coverage provided by the Fund and for all other risks of loss. All departments of the County participate in the program. Payments are made by various funds to the Self Insurance Fund based on past experience and actuarial estimates of the amounts needed to pay current year claims. The claims liability of $1,406,000 reported in the Fund at September 30, 1995, is based on the requirements of generally accepted governmental accounting standards, which require that a liability for claims be reported if information prior to the issuance of the financial statements indicates that it is probable that a liability has been incurred at the date of the financial statements, and the amount of the loss can be reasonably estimated. Estimates for claims incurred but not reported are actuarially determined and recorded. Changes in the fund's claims liability amount during the current and prior fiscal years are as follows: 58 Indian River County, Florida NOTES TO FINANCIAL STA Ili NTR - Continued Year Ended September 30, 1995 NOTE 16 - RISK MANAGEMENT - Continued Current Year Included in the charges to other funds is an amount to fund future catastrophic losses and at September 30,1995, the retained earnings balance of $ 2,785,114 has been designated for this purpose. The County has elected to accrue the larger of the discounted liability or undiscounted liability. At September 30, 1995, the undiscounted liability was the greater of the two amounts. The discount rate used in the calculation was four percent. NOTE 17 - COMMITMENTS AND CONTINGENCIES A. Litigation The County is contingently liable with respect to lawsuits and other claims incidental to the ordinary course of its operations. In the opinion of management and based on the advice of legal counsel, the ultimate disposition of lawsuits will not have a material adverse effect on the financial position of the Country. B. Construction Commitments The County has various construction contracts outstanding at September 30, 1995. In the General Fund, Projects are for various parks and recreation improvements. In the Special Revenue Funds, projects are for the Prefabricated Erosion Prevention Reef, and various road and drainage improvements. In the Capital Projects Funds, projects are for Indian River Boulevard North, an additional fire station and other road construction. In the Enterprise Funds, the landfill expansion, golf course improvements and various water and sewer projects are under construction. A summary of these projects at September 30, 1995, is as follows: 59 Balance at Claims Balance Fiscal Year Beginning and Changes in c Claim PamentS at Fiscal Year Find 1988-1989 $ - .ctimat $504,167 $(88,917) $415,250 1989-1990 415,250 866,250 (167,553) 1,113,947 1990-1991 1,113,947 1,144,583 (188,081) 2,070,449 1991-1992 2,070,449 (426,841) (425,351) 1,218,257 1992-1993 1,218,257 529,720 (531,187) 1,216,790 1993-1994 1,216,790 648,498 (559,600) 1,305,688 1994-1995 1,305,688 721,789 (621,477) 1,406,000 Included in the charges to other funds is an amount to fund future catastrophic losses and at September 30,1995, the retained earnings balance of $ 2,785,114 has been designated for this purpose. The County has elected to accrue the larger of the discounted liability or undiscounted liability. At September 30, 1995, the undiscounted liability was the greater of the two amounts. The discount rate used in the calculation was four percent. NOTE 17 - COMMITMENTS AND CONTINGENCIES A. Litigation The County is contingently liable with respect to lawsuits and other claims incidental to the ordinary course of its operations. In the opinion of management and based on the advice of legal counsel, the ultimate disposition of lawsuits will not have a material adverse effect on the financial position of the Country. B. Construction Commitments The County has various construction contracts outstanding at September 30, 1995. In the General Fund, Projects are for various parks and recreation improvements. In the Special Revenue Funds, projects are for the Prefabricated Erosion Prevention Reef, and various road and drainage improvements. In the Capital Projects Funds, projects are for Indian River Boulevard North, an additional fire station and other road construction. In the Enterprise Funds, the landfill expansion, golf course improvements and various water and sewer projects are under construction. A summary of these projects at September 30, 1995, is as follows: 59 Indian River County, Florida NOTES TO FINANCIAL STATEMENTS - Continued Year Ended September 30, 1995 NOTE 17 - COMMITMENTS AND CONTINGENCIES - Continued Special Capital General Revenue PcgisstS Bntelprise Total Total contract price $35,450 $4,402,537 $12,512,162 $25,819,938 542,770,087 Total paid as of September 30, 1995 30.989 1.027.463 12.310.610 14,970.568 28.339.630 Remaining Commitments at September 30,1995 UAU S3.3� 510.849,370 S 14= C. Grants Amounts received or receivable from grantor agencies are subject to audit and adjustment by grantor agencies. If any expenditures are disallowed as a result of these audits, the claims for reimbursement to the grantor agency would become a liability of the County. In the opinion of management, any such adjustments would not be significant. D. Gifford Landfill The Gifford Landfill, which has been closed since 1978, is being monitored by the Florida Department of Environmental Protection (FDEP) and the County. A hydrogeologic study showed groundwater contamination has occurred. A groundwater monitoring program, which will include the use of 12 groundwater monitoring wells, has been developed and has been authorized by FDEP. Implementation of the study is estimated to cost $80,000 in fiscal year 1996 for the installation of the wells, groundwater monitoring and analytical testing. NOTE 18 -SUBSEQUENT EVENTS A. On November 7, 1995, the Solid Waste Disposal District approved the purchase of three parcels of land totaling 113.51 acres north of the existing landfill site. The closings took place on January 5, 1996, and January 8, 1996, and the total amount of the acquisition was approximately $3.1 million. The District plans to use this additional land for waste disposal purposes and to establish an industrial park for the promotion and support of waste recycling industries. B. In January 1996, the Solid Waste Disposal District filed a permit application with the Florida Department of Environmental Protection to construct an infill segment to the current landfill, which would significantly increase the capacity of the landfill. The District's engineers are unsure of the likelihood of approval of the application. 60 Indian River County, Florida NOTES TO FINANCIAL STATEMENTS - Continued Year Ended September 30,1995 NOTE 18 - SUBSEQUENT EVENTS - Continued C. Management is working on a bond issue to finance several water and sewer construction projects. The approximate amount of this intended bond issue is $45 million. It is expected that this issue will occur during the 1995-1996 fiscal year. ENTERPRISE FUNDS Solid Waste Disposal District - To account for the revenues, expenses, assets and liabilities associated with the County landfill. Golf Course - To account for the revenues, expenses, assets and liabilities associated with the Golf Course. County Building - To account for the revenues, expenses, assets and liabilities associated with the building permit and inspection program. Water and Sewer System - To account for the revenues, expenses, assets and liabilities associated with the County water and sewer system. 62 ASSETS Oarr ent Assets Cuh and cash equivalents Investments Accounts receivable - net Due from other funds Due from other governments Interest receivable Inventories Total current assets Restricted Assets C sh and cash equivalents Investments Impact fees receivable Special assessments receivable Total restricted assets Property, Plant and Equipment Less: Accumulated depreciation Total property, plant and equipment Other Assets Liens receivable Ununortized bond costs Intangible assets Deposits Total other assets Total Assets Indian River County, Florida COMB NING BALANrF RHEFT ALL .N a ICF Elnape September 30, 1995 Solid Waste Disposal Golf District Count S 2,466,294 S 29,215 1,246,023 . 126,515 1,522 82,499 77,277 28,139 3,783 - 71.682 4,026,747 106,202 509,942 8,604,098 536,770 8,604,098 1,046,712 14,341,515 8,069,535 7,367,133 _ 901,135 6,974,382 7,168,400 71,921 149,929 157,864 -- 1,000 229,785 150,929 S t4 OMAJ2_ $ _&422.243 The accompanying notes are an integral part of the financial statements. 63 u Water County and Sewer Building System Totab $ 800,781 S 3,323,816 $ 6,620,106 - - 1,246,023 - 1,259,122 1,387,159 - 1,872 84,371 - 60,940 138,217 - - 31,922 410,547 482,229 800,781 5,056,297 9,990,027 23,720 3,666,128 4,199,790 - 3,139,285 12,280,153 - 3,685,400 3,685,400 2,968,640 2,868,640 23,720 13,359,453 23,033,983 194,927 144,108,865 166,714,842 163,818 24,344,9-9 32,777,045 31,109 119,763,906 133,937,797 634,844 634,844 491,990 713,840 165,000 322,864 1,000 1,291,834 1,672,548 S 855.610 $ 139.471,49 S 16_$,64, a Continued 64 Indian River County, Florida CO KININ ■ B IANC . MEET. Continued ALL ENTERPRISE FUNDS September 30, 1995 Long -Term Liabilities Accrued compensated absences Solid Waste 37,039 Bonds payable - net of unamortized discount Disposal Golf LIABILITIES AND FUND EQUITY District Course Total Liabilities Current Liabilities (Payable from Current Assets) __ 9,162 Reserved for capital projects Accounts payable $ 200,851 $ 66,127 Due to other governments - 2,261 Deferred revenues (1,114&% 640 Due to other funds (690,583) Total Liabilities and Fund Equity_$,472,243 Total current liabilities (payable from current assets) 200,851 69,028 Current Liabilities (Payable from Restricted Assets) Accounts payable - - Retainage payable - 3,593 (current payable (cunt portion) 580,000 280,000 Closure and maintenance costs payable 5,292,440 - Customer deposits 34,264 - Accrued interest payable 119,072 37,743 Total current liabilities (payable from restricted assets) 6,025,776 321,336 Long -Term Liabilities Accrued compensated absences 90,619 37,039 Bonds payable - net of unamortized discount 4,440,0008,735,423 Total long -team liabilities 4,530,619_ 8,772,462 Total Liabilities 10,757,246 __ 9,162 Fund Equity (Delleit) Contributions 524,124 423,513 Retained Earnings (deficit): Reserved for debt service 297,417 22,500 Reserved for renewal and replacement 1,718,113 366,786 Reserved for capital projects 318,792 Unreserved (deficit) 6,219,320 _ (1,503,382) Total retained earnings(deficit) _ 8,553,642 (1,114&% Total Fund Equity (deficit) _ _9,071,766 (690,583) Total Liabilities and Fund Equity_$,472,243 The accompanying notes are an integral part of the financial statements. 65 S 855,610 $ 139,471,490_ $ 168.634.355 M Water County and Sewer Bulwing System Totals S 32,058 S 375,377 $ 674,413 108 2,042 4,411 - - 640 3,500,000 3,500,000 32,166 3,877,419 4,179,464 - 1,962,372 1,962,372 - 976,278 979,871 - 1,165,000 2,025,000 - - 5,292,440 23,720 1,057,392 1,115,376 207,578 364,393 ' 23,720 5,368,620 11,739,452 47,576 160,239 335,473 44,712,470 57,887,893 47,576 44,872,709 58,223,366 103,462 54,118,748 74,142,282 12,181 69,717,560 70,677,378 - 273,183 593,100 - 1,053,794 3,138,693 - - 318,792 739,%7 14,308,205 19,764,110 739,967 15,635,182 23,814,695 752,148 85x352,742 94,492,073 S 855,610 $ 139,471,490_ $ 168.634.355 M Indian River County, Florida COMBINING STATEMENT OF REVENUFS, EXP NS S AND CHANGES IN RETA D ARNIN UDEF= ALL ENTERPRISE RINDS For the Year Ended September 30, 1995 NONOPERATING REVENUES (EXPENSES) Interest income Solid Waste 77,001 Operating grants Disposal Golf Gain on disposal of equipment _ District Course OPERATING REVENUES (380,832) (461,332) Charges for services $ 8,070,761 $ 2,665,201 Total operating revenues 8,070,781 2,665,201 OPERATING EXPENSES Personal services 1,875,501 1,111,792 Materials, supplies, services and other operating 3,426,477 813,523 Depreciation 1,497,543 230,336 Total operating expenses 6,799,521 2,155,651 101,839 Operating Income 1,271,260 509.550 NONOPERATING REVENUES (EXPENSES) Interest income 579,747 77,001 Operating grants 262,395 - Gain on disposal of equipment 21,397 500 Interest expense (380,832) (461,332) Bond amortization expense (23,116) (23,880) Intangible amortization expense (9,867) _ Loss on disposal of equipment Total non-operating revenues (expenses) 449,724 (407,711) Net Income 1,720,984 101,839 Add: Depreciation on contributed assets 98,082 Net Increase in Retained Earnings 1,819,066 101,839 Retained Earnings (Deficit) at Beginning of Year _ _61734,576 __1,215,935) Retained Earnings (Deficit) at End of Year S.—t-53.¢42 S__ -- --0-1 Wft The accompanying notes are an integral pan of the financial statements. 67 Water County And Sewer Building System Totsis S 984,398 $ 13,502,262 S _ 25,222,642 984,398 13,502,262 25,222,642 647,847 3,866,262 7,501,402 136,687 2,880,909 7,257,596 — 21,940 4,696,058 6,445,877 806,474 11,443,229 21,204,875 177,924 2,059,033 4,017,767 — 37,253 1,741,677 2,435,678 - 4,561 266,956 4,387 - 26,284 - (1,544,650) (2,386,814) - (75,427) (122,423) - (15,000) (24,867) (1,000) (1,000) 41,640 110,161 193,814 219,564 2,169,194 4,211,581 2,015,738 2,113,820 219,564 4,184,932 6,325,401 520,403 11,450,250 17,489,294 S 739,967 $ _ 15,635.182 _ 23.814,695 68 Indian River County, Florida COMBINING STATEMENT OF CASH El DW ALL EN77ERPRIRP FCINnq For the Year Ended September 30, 1995 CASH FLOWS FROM CAPITAL AND RELATED Solid Waste FINANCING ACTIVITIES Disposal Golf Principal paid on long -tern debt District Course CASH FLOWS FROM OPERATING ACTIVITIES (392,640) (462,097) Cash received from customers $ 8,097,215 $ 2,662,352 Cash paid to suppliers for goods and services (2,286,730) (836,249) Cash paid to employees for services -A1 873 97) (1,107,416) Net Cash Provided by Operating Activities 3,936.515_ 718,687 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES 297 _ Operating grants 262,395 (823,134 Net Cash Provided by Noncapital Financing Activities 262,395 509,942 --339-M CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES (10,791,002) - Principal paid on long -tern debt (545,000) (270,000) Interest paid on long-term debt (392,640) (462,097) Proceeds from sale of fused assets 45,491 500 Purchase of fated assets Bond paying agent fees (1,387,908) (89,539) Bond issuance costs (2,473) (1,071) (927) (1,071) Proceed from advances from other funds S-2-40,294 S 532,157 Capital contributed by others 297 _ Net Cash Used in Capital and Related Financing Activities (2,283,304) (823,134 CASH FLOWS FROM INVESTING ACTIVITIES Purchase of investment securities (10,791,002) - Proceeds from sale and maturities of investment securities 10,224,348 243,722 Interest and dividends on investments 520,945__ 81,692 Net Cash Provided by (Used in) Investing Activities (45,709 325,414 Net Increase in Cash and Cash Equivalents 1,869,897 220,967 Cash and Cash Equivalents at Beginning of Year _ 596,397_318 190 Cash and Cash Equivalents at End of Year S-2-40,294 S 532,157 Classified As; Current assets Restricted assets $ 2,466,294 S 29,215 Totals S 2,466.294 S 509,942 --339-M The accompanying notes are an integral part of the fmancial statements. 69 Water County and Sewer Building System Totals S 976,898 S 13,427,451 $ 25,163,916 (142,511) (3,034,342) (6,299,832) (642,200) (3,860 057) __ (7,483,643) 192,187 6,533,052 11,380,441 _ 1,654 264,049 1,654 264,049 - (1,145,000) (1,960,000) - (2,530,290) (3,385,027) 5,046 51,037 (26,127) (21,297,687) (22,801,261) - (2,245) (5,645) - (6,108) (8,250) 3,500,000 3,500,000 - 5.361,112 5,361,409 (21,081) (16,120,218) (19,247,737) - (1,940,471) (12,731,473) - 11,554,000 22,022,070 _ 37,253 _ 1,775,179 2,415,069 37,253 11,3 88,708 11,705,666 208,359 1,803,196 4,102,419 616,142 5,186,748 6,717,477 S __ 824,501 S __ 6,989.944 S 10,$19.896 S 800,781 S 3,323,816 $ 6,620,106 23,720 3,666,128 4,199,790 $ 824,501 $ 6.989.944 $ 10,819.896 Continued 70 Indian River County, Florida COMLHMING STATEMENT OF s SH F 0�'�gS4IIL1IIYed ALL ENTRRPRISR f1M For the Year Ended September 30, 1995 Solid Waste Disposal Golf District Course RECONCILIATION OF NET OPERATING INCOME TO NET CASH PROVIDED BY OPERATING ACTIVITIES Operating Income S. 1,271,260 $ 509,550 Adjustments to Reconcile Operating Income to Net Cash Provided by Operating Activities: Depreciation Allowance for doubtful accounts 1,497,543 230,336 (Increase) Decrease in assets: - Accounts receivable (27,279) Due from other funds (28,818) Due from other govemments 82,467 Inventories - 2,715 Liens receivable Increase (Decrease) in liabilities - _ Accounts payable 19,267 (26,000) Due to other governments - 559 Customer deposits 64 _ Other deposits in escrow Closure and maintenance costs payable 1120,480 _ Deferred revenues - (1,667) Accrued compensated absences 1,531 4,376 Total Adjustments _ 2 665,255 _ _209,137 Net Cash Provided by Operating Activities $ _ 3.936,51 S $ _718.687 NONCASH CAPITAL AND RELATED FINANCING ACTIVITIES Contributed property, plant and equipment S $ The accompanying notes are an integral part of the financial statements. 71 Water County and Sewer Buiidina System Totab $ 177.924 $ 2,059,033 $ 4,017,767 21,940 4,696,058 6,445,877 • (31,783) (31,783) - (194,855) (223,316) - 84,694 55,876 • 82,467 - (16,227) (13,512) - (141,804) (141,804) (5,586) (105,827) (118,146) (238) 404 725 - 177,154 177,218 (7,500) - (7,500) - - 1,120,480 " (1,667) 5,647 6,205 17,759 14.263 4,474,019 7,362 674 S — 192187 $ 6.533 45� S 11.380441 S - S 1,811.618 S 1,811.618 72 APPENDIX C MASTER BOND RESOLU77ON t>tY ISM now. !Mali 0210LMN N. 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"Ott" solely ss fob "41,191,1" .r ewtrwlW: be .ytYllNat- at sciencefat • f""Mbis "tied slur Lath.. of lona U (law. tat Nn IM .I w Costs at Naw aosNUL w .. N alrawtlr: w am"- w NwWitter .1 nnaWasl. rwnie to, Sae ser".. w ."fee&" w rYtN.r.; w a/rrrev, - to alit of Nw Y flaw" ely N"W at w Co..' of colas artYN1W ala s.narevtlM; w s -0 are NON w neacss. e9 •a7 be WNNNly a1 tot&-& Y 11.1 se "e10tat .r .wows{". J. •CNnr7• wet amen &"I= Aar Ccelar. ruf1.1. 1. W prinlNworeat"«ras".... mises'wat. n MtlWtNa -1446 are lalor"1w117 fwfM"N by. w wlW crew at merles, Mw eft 61, feaawnta a /fr N raNlt7 N too Mct. of W allot. L. •/w to it" et R1.esW ►w• Nell bow w feat Nla y w tlltoles MfNtw 6.oaterate 1f w CrlaWt Y w C.Irer M .w1nf..W .M of plat .ANY w r/Otu•1t•ay tato C1.r7 w " caller floss w1t"s tow "ra stn y w Cswef ed w NfNW aY 1"LISMe of w Yetilly N7ao" I.perMwM of me Crl-y. t. •nnol Taw .alt Mata 1,r Nrtab N/la61M Nth w 161ledlq botselr tell of ser 7.66 "••AAM as w LrtraW4 w sus'"twr N. NaItYW, oaf ass CM MllLt7l Neal" nna.4 of w Corq,sout d. feet "go by "Nor Nt at C.evq is tw".oastlt for w Nat H pots 6""" w ftMto•fFMy atib Wes w N catro7 real, Whole to 1,Y "gelatin by ae Coo," of a Nfwcal w 16111141" of aorl 41111ain. r'Ia1.mN 1f lib t toes. al'Alt ss tr«tY I. ,e fel or aft" Le""4 .a- NON W MN W "ewe d oil .r • N"s- .I retaYls of Wtlltr. Ntwl1"a W met.a.Palto cow s7o9" MW oataleAry 0y w WIn18 of a.I► as lmaa"N. Nl7Wt sIP=. pflallpal reaast of 11.1@0.000. Urate 4,."t IaeltaslM Ne. 11•Is Is., 9" NwC7. N r.Asod W "Nlreneoa. M. •,AIN 111" 4,040 w "t• WALL rInt" AIN{ Cwry, noel N.Nf w Near daa.ler /tali. NEIN 1,71". Yen Y at aNtror 1,O. 1111. M w 4,L&LUI =46 tflr19el rime .f N".000. I.- later StNIeaW N WJ/ .t w CN,le7• N .roast no wNlanaW. 11 •14,100 t7N o -1s• all lar w train alwf Nay nee W Wear .ed {leaf A- NfwWM 1w". NrIN IAO. Yw N .f lest, 17. less to 1,MN•ll aVIA"i ."ga"ea /finite& far! et 16. M'4441.M'4441.uwwN , ad sor Nlwln oe .f w Carter, r r/crs w lerolorrte,. CC. •s"I'S Lt" 'Postal "Meat Worts' .all stat W Intel Ilea, Cowry. /Lester ,".III rMwsne Moor. INer. color 1166, letas N .( O.NYr 11. 1111, N'. on9lw wtWl row .9 N.071.ON. Imllsa w or NNYtW N. 11.66 at w early. Y ewYd MO aeN{orNN. M. •Nn.1 tfM Ip«Ul Aaatotsre 1..61' all ra w Wtn At r C•••rr, Mold. apNUl Yoa9wat 4•.ear tsW, NEIN 1710. ease al 11, Jaw 1. 1766. 1N w OTSAMl trlMlNl raa" .f 1776,000, labor, •S err i@NNINIM Me N.n .t W C.Mly, No, alMN W reralo Senn. ts. •Nn" tett Ara• all lar me tatW tlwr o••al7. none. Noss. w &", boeaw Naw. 6NW 1Mt. YM N of aNNr 1. Int. 1. a •r1IWl "sroMM arWi hewn a. 9.391.1 .. Usk, Irnt StNlat{M N. 07.11 1/ w Ceres. Y rrrtaM w eNapl�"WN. fro •Anel 1011 )tots• poll on, to INW Arabs Yr. w w ,"t" 16671 Nw. N. 'Sorel 166" Was., sell lar a. Int" Ismer Clever, Mr"o v1aN w loese aoas.r 60t", $oft" term. Oatata eeaeruo, N be 1lalln MNcelot. IM"er . •$.It" 114/6 s• sale w w trlr alert Color►, notice Mk.", Ar Nnr spat* bow, Set&" ANN. Mall NItl4,Na4 Y M breva NMYe. It. •NSW 166) err tt111rWe.S filler' .batt w w aMrNIMI soca law taw loawrat "lNy law, y w INW l"1 Mw I.ceaor Or"10.ot" a pgMim N "W{psi .f w LaNrbas N w $""a 1"I NW. J!. •sm{al 1667 bow {ollNat• asml ole nonew pre., tobarm. 0tl. 1Win,M7 bow/ Irerbr.7 y fotl�M1A runs.tea, wuaft N LustN n. •Anel 114l Mfrs• OWI sous w "ft. INI "Jest, " dotten A, I.onWW 74. ft•6t a(w Nlrly, r -wed" ad oaNlasecoe.. LL. •NSW lN1 aM)Nn• ,Ail a.r (Col w -mmt- or w Naw► C.l.e7lpNw Otwta meal itgMMt ata n pMmY MreameYlt l.1 still- Nait10Yl Iallan for s.7: 667 w aarewt/w .f , 1 mem61IllM l/oc Nur .4Ny Drs oft, ata Ior.loS ttrf IW W 4, w sora Ntlw Ao•v1eN 0wau , Tralwt ►era: 667 w Wltl" n as Mw11M stores" Iterate esu. (Q as owerwtStas at No wase it MSN, No. )Atmel MINI: to eft oesataaaala N IM fawn Ile V"w lace bedota{M Mflaag: Irl opo 4"4"tn of fie Vm hgo" mosndint ?matter lime. r Irossel elPwtltt•y f million Auuow sail" PN l@tl M (u w artNlla"M It M eltl•ea. ee.mallM f.,ea adle bet" w tams w Gaah11 Male" " Ponder wlmiwl "sada"" fir&. �. •/Mase l oe sprow leoaeara 1 nn . tilt Nr all urrams w k"Lo "t Yfauna. r mitt"" Y W46 14, M. 11•fa ft W Cwrm, r .ebbed w al@IteMa«• oollatM y Ion .lam dear yr,l 1. tell. Ago. ""W 10" sPgew eraa.lmSA ."tame• wll ease .0 aa...N. N sassed" w awllaeawN. M19Nrd y aM !"earl atm y,il 6 tN1. fed •!.Geon lOSl Ywru• oW1 ear all dattoa w n.aMrg ""aided It w tn&ef NASA w gPdaNue N IY i"w ttfl en Nr W SAM tares Iowa W syelabMaM. r rllW r WUMIr fa. Ows, 11 0. !Many. Y rrrt N. 'Owl" 1901 NMW a.esblmm bow . small SAM the rwt.l aMosreaa glee AN seR."mps I- by w Gomm le uarsat. stop W $.fees IN1 aNJpsdo W tea {eMfN1, Pnesge*n "UPS W pule/" food"" y SAM Camp n tetaMlet opMarltl. a• 'Maw YMlrral@• abdli t." W foe. wrs.b .ed w" eased,940N tart awrr~tyajlaYi wed tt"IIrW y ewelwat. eat of me= a1 a.tb tdir&rr"era w ami eery Am Sp"rai"n r• •deeopaanN rant tie SIN" tent. foes w America tar .1.1 S, arms, unto Lmo"w ton a 11 "a time la pnPyo by *,,I. "MUG y w Rana mea ce adm"m a Y mewl lmih,t wnr w tows unto taut. toe• am tabun. N w owq. ps• *111Y in- 041 dome w wont w .was rens woe w ".Net" y w s'•ai9 r •t yell 1. 1197. IaNMbr Iflas.e a w "Corm Iwlset" Mtlnt lYlglpsl" •M seal" toss IMJweI, "elan stop bay was all leoenasara, a.MrlPY.a/ W/a{,r font O~uf Gori!"." of ""It" eN r@ /toami4 a&Ii"tr saw N •Malt "fon e.te"ur SAY . ease at IN .loon a7 wIMW of She taw rPeaw wa M w alt yecw.t.ea. Nlami*t atm am- ante" IOr,at"t .weer." •r Malar". g, taMaMy r liMa w P--usy at M fMa(al% Sato". •0.i"• Scott nssa+mw,,o1Mbr. rube, Ibrfstal W "W. rill", own. IL*sOm, off eq. Pnnlyaa. "MYew w all was comes, •r l SaloW In pneodtt So M :N Or wear•. trlrdly toe re Ilele.e " .Mdudl0. Mona •nt,,l.ylensa, 14". PrP-, awlrm, taw. mew. .0.420.. o""OPWUM W eoel00, ams N rete ,s ••comae rLm committed" N woe woe a raw, mew y w "m9• os. 't -man". aamil eon opo Isrb •f . •Nil" all .f .plat est ."." AS ase"" w mer daed Imp "lSa Mall be Ia3est " Subtler Coal ..nM. to ./Meal" of as SMA a"taltµ{M rids". foe �fIM Qae1N• "all ems alt rwrlPn am rrM". N wC"',C I+estllea. NLl"aW w emifraww at .Ilam wa.. W ion Msir t at ell of W ""9"4" "re.@ Ifs! Maps 1. sense, ps a•telMld. ion little Ill a-"4~06"fan •"L. nos MAIL N r"Ifed so res &"I O w flus N was I blue {"ones , Ib tweed AS TM 24M. lot Ibade "weal M ler estae ay I. she Nall o rNIN N osy 1, SMt, L widest go n raYwai Y", .t w Iasi of 1011 of W. Ply gM1W {Mort M w fedl+{I" Yps. Ireciter" •f oil of at."lt( oi r 1010 IIPaadl "WOme MeThewedo is my arwrlaps. "a .fess 1019 Siegel" aseediops it". w"leoeaft " pa rl.t loon d W OatNN if 10N 1. N1 MAO "mew I. tots Wll be aro letar"a M w tellwllwl7. et mea Peu. N Nr. mel. t.rMmtI" Y". ton *tsar .rte, IN 10sal.l A&SNON . UNGwl1 N nWe w ft~ I. toss, w rattiest walwl rammsi Yr. at w plea at loll •1 Nb. Pi" swamd lM•H.t to W reN11tW data. me museum so all of w oell.ryly Mli fill //Niel Y"•taw be" la hens •.wraps. Nile "SAW lips special taw.tMs bo.da twee" bath Jr 1. ltN Mall M tater" w "oat" n w n," N !"ll. wtlw tal•,ws u dr .aawiy mew. as Mss" 10" @wide ""omm M"e tel" r N •due Jw 1, tsps Wtl N waw a 4- 1, 1111. W WLNat Mt ral11awaLMto11lmaW daas, N w e -a"Psi" of Par. Il&Moore to w uta. lar "ea9 *Ali MMI" IN 00 Millan of w Wired SO." y: dal »W ed g: GI WII4tt, n M .td y emetaplat nN1YaIN of W Maly fail@ IN w Net" "aM las bootleg 000111t.ef.Ywte N do mal"Al w": of mwcwrYy AS w wt« •e• o fon W 1 Lm 9""" " elope" fon w Vele" 11w dtnesa, if 1y, u " d19al[IN b ed.eama rPrlMlM N w S"ed: eel ty..uYe ren w W1- "opo " •earl fon I" 9uar.t N opt "I* of w Mew loll awe N M ""111" 0, awbuw.@ n"iriw of n se"a w Ids 609"111% e10 W "err •gree N .s"1. Nmer. foe saw kwo of Me salary Ad M @Mill" y oedou sed Mgels"M rob. saw, ata "fled. Y w •Id••as1a, W "Father was 1*atet•aa " w eat." "woe. ear !mewr tlaecdod u n• best bb"$WNr GNSIMM, rWI M "1194II." . Price" ter ILMI, fetl"resat" rm"t of w Mut" Mats. Its Coney eau SAN ltse me wrr! daele"mee atop eon WWI be Meda Ien&seif Ne dr w orif bf See Werof Mr. ss tta.f yes" aewtlM� t 01106 & 01me -4 O L wLl t"ly NaNailof AM li ee Nie mw«sw K IN aador %Maas by t Credit of SAW chu t . Ile ams sew"rrN easel bSMd ae�i7 Im IMA ItMee M►W """Go ft" 00 go shm, V"Lm discuss fam" ole. W N 1 ad son Mlalaa or . Y a9, eaW fl." sNm doe "lee "lino use• top. f11aY� he W geowm Moo" Alla" r at am M out ePM,fla"llr s"9• tibio /. MIS M /lie SW tial "Warts. t►t .pleats&-. "aw «{ to eaeMYrP r piece me OW&fU nae as III* .ere N ". SAN :.::.= tlos C"MQ. w "ne{fled frau WAS M elm AmeN eo*warm", •f dnm. OWN Sag M 1, dMNMSarfw son eYCtR11d M NUO LOSS MCS. WJger be IWw N •onto& 1119 MN.10 1Mtete sett, MeW ion e�e.eira of W COO" t. be Say Aomb,lsN a.rr ."W rtaa, toot w MArloo for w w N w MA "rotate foreseaN N " N fen{Nee •/ W facilities mod"wely w ar.r". l"i"ly W NMlyr •" duras err Yr I... fie .ab ". reset 1t nese► M "Matt " las .now fl.ado w .•.brat rum Y lefea"Ilso to ted yrtr. "al aeairW .0Wtp1, yW, /mit. West "Ws . is-" Ir w 'em,In It. at hr•►lN err. ..,a 1leartly @implies Motor wit IttglY w r /lw.l %.r w .t.. "rsb r "roe ISNrllry 009$M Mall Ldot.M tin w.•tporallr of other letaa W lest w,N. w•: wl I-1co I. not. a le be""do w7 Nodeltd, Asteroid" es, dealer" a. It wwaem, d"efaalo W IS w brat Wenn of 1" Comm, n Warn." tl,o MW. 1. It to "saam. wlrYla ted " Oa beat ynra at W Crq u «•sen, awtwt. !•".tone w "we w seri" I"S no)ca": C.It l• N.sery, daatMi nal, r It ami t nN um,& me CfyrI to !lasses w aarayon dom= 94 stairs WISO"y rww &Pelt" w n flow. true. A- to rat•.al," I. w Sell" 1191 Projects aed. of $.,I.. lna 1 awe. 0. u- tea• Wil N Maal. oeYl7 ft" w ►1byN P.M. s. efLMlat. IDIS -MI" Ws w ►lay" Peace wit M wtt/alra to a" W aty. r IMde"t Y w it.". OSNIM A. MINaRM " auxfrfOn tE1 MACE Is mmri""alop .f w Mo"lt"s of I" "Me b7 as SyleMs" Oman thomf Sao "all held W •i fM glad AS "rya. tlta ..MINI" Yell N lotted to N w M owl .alrtla• . .aest"t Nns«I W e -w" w seta 1y1a1ar" own. Nir .aretlre as .1romem. "I ta/Y "rale he N Perfect" 67 SAM Geral •MIS be fes W •trot bodoes, Prai"t/M w r ggy at W "WYt•a purl e! W sesY, all of tet" Iwo Yell N at atPrl SAW r naamela Intent o nle..1 e1 dletwl1 .1tl ••wNt ge a@ atl•b 11ab. -we Y a@rw.l7 Iw/Yd Y ami le"Wo s w 1. ya "." 12MOf 1. aaglata TIM to UUU I!R are"IOs1e. ter nal.t oat at all of ops .Yes.rrua tri" &M pony. le a"mP r0hert . IM "mel" 1019 .mss .heel N nntM "Am W wrr" N am sort. lilt Sam$ t W Psi .f Ped. )toe .tear" taow"a do Ilea n11"er1 edw. e t ton ,•tlra . f[ ali N W a mmw&m aerw is$" bow It tared, Mo y 191 hese,ops an" gem" Phe", .Pelt wow Itanetl be notAr" sces, wse" rotnetoo dMA. lk Saalntups~1 A So,{"[1411 of - ewat"y dotter NN OwW to barely ., "Guilty .t ala SAN• •t &-a wont% boor wf 1. loft .tall N tressed .11" logo P ter. also .lewd 1M.net . W Yewlw Y". IM tAm. am eel~ ove M moul w We, ahs dim. i. INe deli M nelw r "7 1. ."Ibn eans"t e. W / ndomttw Y", •t W Mi" •! 1O1.31 N PISA. Plat "AS Lops 1. baa "Rap" PnrlNl ••wont M wet agea•IteP tse, IN -M w Nlld.tiwr of W CM". AS N moral Y •"Ser W der Blot." loops, coal's lolls•, w• tarty "mail" " N 111011 1. am 0111906,1160ortniosl •roma of NI IaNadlal 11.110,OM. IM /•1119 1191 1r.d1 Mrll N Yr" N at • Y" N N flood by "ileo•" to"l"l" of W CwMy as M M was/SAN few toI .eard •f 1. ora /Was wrr N efr•e"1"17 seed Hunt. The "to" 4103 book Moet M~i esu l 4. Mo w W Wl{ 1•r Ylanse is duct mew of far. Nt • eraa.Y11•as awe Is" y aSPllwte los. M Nrau Mr eW AM,, WW fir. Yw w n steel sees. w le was arrMa, M wrJges 1. ,."@t{". I. rola " to out. octal n Wu r"O"nw .Ino Yi sf rlwly. at W .SIM of W tar" n oopt.Wge. •t a0a tyN W Y ams torr w 1"ll atm s." •Was "IM w "-telt all "ger M 6.80mads y Wra St, Ilwlrttr of W el." adpss" Se r 19W to W mel• N W case" 1903 Mwps. IM "ec" tail heaps •tet be "islhll nplateral bon •Meda""di,wet he ryrl..en rta/baani".,.• :s-eyeel e oe.it�e•mnu Asset •!blot rltASO #llMssLemml Joe, title Nleys IAU "ll" Nie W sommed"covered ermed as lower morNw N W bas eiPrPf M W faelt.nmir NN. bell y w ems "PlaAm u ,00 bew lf et Cw7 on aM oMltW" awM "u a, Me w1LM •t mer W"d.r•11 duwr N 11.1M.0 0 or mss t. ••eat•ssr /rwis-& .real or Acte" Int ..11a1 " ay awed Mt. Laos was Wl{ N Nntte y double. "n nrfN prdmr "wit." LMaewatw ha trot 11.111" s Mfr: PwLd" Iota wast lalNdmlY" Irl a refs wn W ►alt% AW w legal Pier 1W aaNed taps. tdiltlaeeeuy mer •ams Nwlgtr of wt aroewst". w bw# w. be Nai", racer r W ems •( la.l.asaa at sea ..101 at endo w bm3wa 1a W •MIM! .f w /meted"• .f owl Oft".."Lest M MAI, M teM,il"tl- all"t . vote bNa•o.1m yds tin radical n "s s. •[ was sea". Passed" IA, rgeNps wet" IrN ter !same " tl...gl.eMlP .r ecrl les" laves 1rr7 fon ps 1he aatflelal •IeMaall w 1Y Ills• Irl@ lbw" Y W .ata lee •row. Y t.•ll Y 1 •f was Ifaas sue n"ps"ty 1. bM•owr7 ton. W P"hoeb"es of t -ler 1. le, ll w if •! re. s"i"lo •hell re be sPPtMopte " or" Saes. IMA erne" at er, .Labor. mw.( base tawla.a, N w Ylaad is ace $""no..astl M "a fW" Isr . llwi" of W sets duly adopted N Pew w She doll"" of arra MW. slRNd I. 001"M cel tel l@RtWA M M Pyne. IM "ami -Met M .once Y W oat N M Comm" by of O"w" ler mew aWatr at of "ash teamed y tie Clark ae t" atllsi aa" N a fW:& toot"( Wel M Melte bald" M toonam, twat. She gtprlarAd et w away N re.. �f Md CUft Mw d Girl N fwt"tM elplrrca. /" wralfeu" •hell M etu11 " Of haNnw ahetl soon& a w "ea, w me GMs baallle eamer th Y"� rugs wON OR ueeir rwI"M Wil aa." bsrAm,e"dulf -sea" a ora end. as "Owl" tW m• W as ems "pleased W u M tonal. Iah wttYeW OIM/tllaN M IM saheb. tf saw. *hell be hrawtN stop W global of tatimile "pww •f W atelia "Time "Alma of W Isere. 1. mor o w by men of W dada!"• of 0. 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W NOW kers Nnam " W "/PIN W Orr toe W if" N eNwf" y M. CWetMlee W lar, of M /este of ri.nM gflla-lr tun". 1►" SODS 91 W W oil mu wslSUN W IMtreW .t a 101"1-M 110t1MONS 10.1 W Law of mu Sued Of I1r1Y. (teen node", 0 0Mr 6101 to Use of gad 1.e10Yy fM.0 so of r tor... 109 Cord rad P""1.a bike. W saute Yee "IIs Period a11041, oil Y en1 IWIy pro -SMI is W ""Laws. It some MM oil Stdo of we 6om maturity a*. M M ere aced. W tea .f awn Neely M M evert Wli M two or 110 h toe 707614140" Per oat VWPOns o! n" ILM, It f"6 teat to *f,estedlrstl0 Watt tea I1.IM. It ohall M trotted Y rlNaeONllrf Mme erkor A $.Me MUM sleets M err 6""" or "w"ad toe n6rlNl lrm bond by $$.ON. sold ILMI PMlles M Mu Nr/ 26 2 Mart M ttreadt t. of" a! 111"8 r 0of thII w. M/rMt d W 0."oet{01 NW MLLl MMM eel eat serMeellA.t.e d thio WA it MMLWWd ..s1olt .10.1 .* M WfetlM" Nrttr N 116 NWurs 1% riMltsl 105 6 W NAM *MIM .f M e.I I" shall M lees W M rod" pr.wW "eat Mr. ft M Yr Wlipmeta 1st n�t0, utl" sovirl MW Pr"tw or .9ofWl1, led s,y In parr" a W I,WtIM. o atee, It sr,- w "'r4@4 lrunta ►.las Mn y M ferny .Pet. Iugn.t M M Ae Asof Mim Monte M "It" ter:"M"M ,all s.rM " oulme w Me rude M or nIW Mf"f M "lied M, "".fPtl.r 4111 we " M Mel"I" u so, .wllt.r ou"IS? Wer M SeOLet"o. We ars fo0u0f" own of We toes .I P.ILsom Mnt! M "Ned toe n"el{, wit sew M nMln its cowea turas. WOM4 to nteiM P.VWS .f jr, OrWiNI M M *used" W g.iwt 1all10TION ct7<511f"i telt SO" n W of M "W MW Wert Wnlrnnt ear ut[in" M )6Met" 02 W C"Mlt Cwt of r hiss"- Id""l Great of else&" M W for I"lr Meer comr. n-im. nater" We .. It cornep. M.9. of Cosrsy Ca,ualwn .I 914M nor CMM", 10"044 IM eoltMty WreMMiwY. 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RdYe..1 ) w w he1•Mwdn .1•f M IrrrrtM I e wwr no of F w)at ..." •..days ad . " Lit break not-rfaNJ. It.are U•Iladleldwil •fang. t� laal/tl A.awMN actual of :��a Itrfryy bola -.-at far f�tttN/ LlrirLlrW a"�L f1CIMP 1f. M1 HM MOM O.YYTIOM. w 9rr .wall rt M at aw1dM 11. -fat N Mel dltarur w a Node of w Bled, or"at of -steod1lNw P"H 4111 11 w H lN.NY/9w. N-tBylpee1eM.s oteaf tsyq{{ dpway Nla"l$7 r Yad CY=HyIfW onovida, rare rlWbe t' afraid, afraid, 1fl.l IwNlewtls.• elraIrNIl«NalrYdd1. /ofI.f ►raM /.d. r .aWtaMM 0efawe. Save uIf W wasNof flar" Wel-- Mrer I aCne. .W 117 Mlltlall 16dlNalw awtMt. at Ia.l1I-. Y ay fat of F•7 foal forty 1I) A Y d11 .t el1.1 91941 .991..1 at W (a.y UIMr ,, awed/ Wt ane uMe7 W dtabl9w r WILL r/d41d 00.. a -"Maty -[ .11 rtwrd r eq.r-a t- Iwwt/- eta d./ 1w1d ltalfar.t dllr of .Ia 1.Ndt N wee I,.at P.O. tWr.a-rlFs. IMdW ardwYwl, /sari" r-. fee to ltd H ins I" h -a of a•.f as aN w -.r.. N M reloaded. slut trM tY Ilay/e ,road: W (l) vrltCNdtrwww.f r w9a tad) arab towboat. All Of rp Me of w "nieWM 1af-rN Ie.Yr ..d/wsetafr (11 •! nt- 046 "a N7 M f--rfwOF awl.►e/y alydNft. --Y.U. ad -Wt Nrwy tet 91411- Mwleep as gartr.rd bo w rt ra.Mdwlf "JYaw u p s fNw Ili) YN S=F Ifptdt V. wwYttl Mrs Mem. /q N 1-17 Y ay -t w rrtrlNl .t ed Iradd -alp 11111 urr Wil M -dt11rN1.. W red". of WILL 061 Mill M" YN d MOM gh w $Mt% rhe YNt"fur snit.. ale wtfulw w N - ww red 7. elt. s" /rWl►al -,Head .f W Iodaa rwlaly ..,,W. ypwr bola 1--- dew- red I.., 4 M oar- draw -rat/! boa wawa new, Y wall w ►Yd.tod .f beetle. 16 e.,"t arm Food au 1 oeufw, w Y.rey elr.we wand,. -f MW World ",boards wlwL« wdr w waw wt: •. wee"o I VSA. oat 4w1.rN aWl ..we gF oar"t w r.r.aw Id w •Troon w aawr Uwwr l..ad• lwnl. or lrerr /W). Mlu u l.ng on6"6 W NWIIa1MN. 1. II/Mt ofe -= I Mme. 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K {4 aw.1a11-f 1.19.1 w •W M we7•a IM..tN/1M/NK lY aw-N1r 1•Ilwya'1: (.) .ray ane. w 1rMra Nllp las.ad re sty I- diara•� d6sa•Iaqwarder.. q ad r a6adar. of bow toots wWi ..sine iwrtwa.rwt dWl M Glee od y w 4eed I", fa" I-rer: at (o) M dEMAIU"nsl iarrrOalte letter of 11wt 10014 a IM I" APr. Y done at W berWLdln, y &eon• If ssa ban to farm sr long 'W -1t W Md 'Aa, h Mddy' I. at W Y two at INaAa M tab &leap. revel COMM Ir"erdt omll tae the tartar eror W OWN$"" dmru" to @do"tw I solve w MaLI N pI&Ibe of eMi W La M be law sten. r W dna "y he to* t 81,1@4 sI rtu. As KnmIN Wtiwwwl. by am ltly Alarm M my &"arse PVA t l don M *gab 4 deftotory MIs" atm "rat be OW" by � eI$ OW adla" dna" saver rid Ple l s"ma w pular. It ""I M W apty of W /aye.$ A@m" t WA am PAYS" AIM/ Mall. i*s I ' r wd"rlMtlM of "mein Inn M Cow". ""nears W Amenity for • dl"ts of err roe A 9r M A"r" CtNIC 16ermrme ear pf"U Matas AID W -este st W realm Aerrr Kabir ItAtnew to mod"Wes. 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NN Ne•NM .Mil r de.aaa u N Arta/ a Lba1PIr." gash .ge."I•u .f ns.4llar.. r w NUN w/t"r1/. ages .Y YF NIr"l Mlwf MINI at, 9 to h. PIIng1110 t.rrrf Nati N done" N N fall W lou. Semoo to. ISLA N }Ill SOttl AOS/ 11111. 111. "at.. 1991 Nero w M MN tt /loll. II PrIN" alta Seeger N W Nt. .11 to w t W .r end t W Us lW, Stile M 1""" y rAORUM nealrndo at W Mod. IIMM t). IOSOUL CTi1fd. N Inl1 w W Mrtag l99S lead ttW.w hllq 4 4 Nfrt, W Cagrrr a.•.Mg r Serb fir W rllsel14 PMI.L e W w Sea4Mrse def- .t w an", y arin N/w"re .t Sous. tdaiY..rLI M drew. " .."NI " w t.11e lly /" ULM: a. WlelIM.tWP -Y l.trfw enter toot W terser .Itl apse.lr N to nrlewy IyM"M by as N -l. iffy Saes lwr•f frr still to 1W. I• w NII" K letalrlee.. r.r"rw 4 M [ra1-e.d to w N.l" 10413Lee IrrN.f WtI w Nge1N{M aril M .arag.w Y riles. role" . Salta •C Ie•N• .t erdlNl Nall raw Nr µsea y w Nn.. I"I NN Im ere' N rss gs.rtW desroMt.atrrn Coon'. Ilse }ra, OW Fast tells. utMled: P'"Lee". C. Sae earl" 199&m1 Itutus "I M aura . 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(U) aImagism WNWM a Will a No as LmrYaa Mires iw.N -r ,;swat w raM M 1 ila1 '. Yllltl'1 Spit s Me I N of t+a pas" Meta U" "'MUSS, K as s tM aw ata taw tlaaa aaLllsf uapaar ���aatrKw, � �aai/ aarNeaaawa Maa raps Ink PIP orf' 80 biNL) til L*NvwI void at lase as i.ardwLll at a fund nas W . w�iLN N v1YWiaM aja aaawi Nts. rn SWAP* alryla w MraaaYr a" SO e)t awiala�naaW�aa .:.aa�i +«w►t .a .a► lids pr/ar Y W v►WnYal NNI. W (q lwt► it aw laver wv&OFer east, to w was taaaaaaa NM ails M pada M aq lava azz: aaN Y rNtlr* W raaaata N 3Y tapltaa eawa, W M w ft"Wo twl o as .plata at rwwl Wlfaw►as at waa Vttan w .r .r wu. aaMaruu a rye 1 A 7 FM pp Ulrltaoft w OINLI In pop balart@* ►M onLl APPENDIX D FORM OF OPINION OF BOND COUNSEL APPENDIX D Upon deHm7 of the Series 1996 Bonds In ddialdve form, Bryant, Miller and Olive, P.A., Bond Counsel, proposes to moder its Blasi approving opinion in substantially the following form: [Date of Delivery of Series 1996 Bonds] Board of County Commissioners Indian River County, Florida Vero Beach, Florida S INDIAN RIVER COUNTY, FLORIDA WATER AND SEWER REVENUE BONDS, SERIES 1996 Ladies and Gentlemen: We have acted as bond counsel in connection with the issuance by Indian River County, Florida (the "Issuer"), of its S Water and Sewer Revenue Bonds, Series 1996 (the "Series 19% Bonds"), pursuant to the Constitution and laws of the State of Florida, Chapter 125, Florida Statutes, and other applicable provisions of law and Resolution No. 93.80, adopted by the County Commission of the Issuer on April 13, 1993, as amended and supplemented, including as supplemented by Resolution No. 96.30, adopted by the County Commission of the Issuer on February 20, 1996, and as further supplemented (collectively, the "Resolution"). Any capitalized undefined terms used herein shall have the meaning set forth in the Resolution. As to questions of fact material to our opinion, we have relied upon representations of the Issuer contained in the Resolution and in the certified proceedings and other certifications of public officials furnished to us, without undertaking to verify the same by independent investigation. We have not undertaken an independent audit, examination, investigation or inspection of such matters and have relied solely on the facts: estimates and circumstances described in such proceedings and certifications. We have assumed the genuineness of signatures on all documents and instruments, the authenticity of documents submitted as originals and the conformity to originals of documents submitted as copies. We have not been engaged or undertaken to review the accuracy, completeness or sufficiency of any offering material relating to the Series 1996 Bonds. This opinion should not be construed as offering material, an offering circular, prospectus or official statement and is not intended in any way to be a disclosure statement used in connection with the sale or delivery of the Series 1996 Bonds. Furthermore, we are not passing on the accuracy or sufficiency of any CUSIP numbers appearing on the Series 1996 Bonds. In addition, we have not been engaged to and, therefore, tWess no opinion as to compliance by the Issuer or the underwriter with any federal or &tate statute, regulation or ruling with respect to the We and distribution of the Series 1996 Bonds. In rendering this opinion, we have examined and relied solely upon, with your permission, the opinion of Charles P. Vitunac, Esq., County Attorney, of even date herewith, as to certain matters, including but not limited to, the due creation and valid existence of the Issuer, the due adoption of the Resolution, the due authorization, execution and delivery of the Series 1996 Bonds and the compliance by the Issuer with all conditions precedent to the issuance of the Series 1996 Bonds. The Series 1996 Bonds are being issued on a parity with the Issuer's $47,190,000 Water and Sewer Revenue Bonds, Series 1993A and $3,330,000 Water and Sewer Revenue Bonds, Series 1993B (collectively, the "Series 1993 Boode), issued under the Resolution. Pursuant to the terms, conditions and limitations contained in the Resolution, the Issuer has reserved the right to issue obligations in the future which shall have a lien on the Pledged Funds equal to that of the Series 1993 Bonds and the Series 1996 Bonds. The Series 1996 Bonds do not constitute a general obligation or indebtedness of the Issuer within the meaning of any constitutional, statutory or other limitation of indebtedness and the holders thereof shall never have the right to compel the exercise of any ad valorem taming power of the Issuer or taxation in any form of any real or personal property for the payment of the principal of or interest on the Series 1996 Bonds. The opinions set forth below are expressly limited to, and we opine only with respect to, the laws of the State of Florida and the federal income tax laws of the United States of America. Based on our examination, we are of the opinion, as of the date of delivery of and payment for the Series 1996 Bonds, as follows: 1. The Resolution has been duly adopted by the Issuer and constitutes a valid and binding obligation of the Issuer enforceable upon the Issuer in accordance with its terms. 2. The Series 1996 Bonds have been duly authorized, executed and delivered by the Issuer and are valid and binding special obligations of the Issuer enforceable in accordance with their terms, payable solely from the sources provided therefor in the Resolution. 3. The Internal Revenue Code of 1986, as amended (the "Code'), establishes certain requirements which must be met subsequent to the issuance and delivery of the Series 1996 Bonds in order that interest on the Series 1996 Bonds be and remain excluded from gross income for purposes of federal income taxation. Non-compliance may cause interest on the Series 1996 Bonds to be included in federal gross income retroactive to the date of issuance of the Series 1996 Bonds, regardless of the date on which such non-compliance occurs or is ascertained. The Issuer has covenanted in the Resolution to comply with such requirements in order to maintain the exclusion from federal gross income of the interest on the Series 1996 Bonds. Subject to compliance by the Issuer with the aforementioned covenants, (a) interest on the Series 1996 Bonds is excluded from gross income for purposes of federal income taxation, and (b) interest on the Series 199E Bonds is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations; however, with respect to corporations (as defined for federal income tax purposes), such interest is taken into account in determining adjusted current earnings for the purpose of computing the alternative minimum tax imposed on such corporations. We express no opinion regarding other federal tax consequences arising with respect to the Series 1996 Bonds. 4. The Series 1996 Bonds and the income therefrom are exempt from taxation under the laws of the State of Florida, except as to Florida estate taxes and taxes imposed by Chapter 220, Florida Statutes, as amended, on interest, income or profits on debt obligations owned by corporations, banks and savings associations. It is to be understood that the rights of the owners of the Series 1996 Bonds and the enforceability thereof may be subject to the exercise of judicial discretion in accordance with general principles of equity, to the valid exercise of the sovereign police powers of the State of Florida and of the constitutional powers of the United States of America and to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights heretofore or hereafter enacted. Our opinions expressed herein are predicated upon present law, facts and circumstances, and we assume no affirmative obligation to update the opinions expressed herein if such laws, facts or circumstances change after the date hereof. Very truly yours, BRYANT, MILLER AND OLIVE, PA. Q2 APPENDIX E SUMMARY OF CONTINUING DISCLOSURE CERTIFICATE APPENDIX E SUMMARY OF CON INMG DISCLOSURE CERTIFICATE Purpose of the Disclosure Cerdlicate This Disclosure Certificate is being executed and delivered by the Issuer for the benefit of the Holders and Beneficial Owners of the Bonds and in order to assist the Participating Underwriters in complying with S.E.C. Rule 15c2 -12(b)(5). DMNtlona In addition to the definitions act forth in the Resolution, which apply to any capitalized term used in the Disclosure Certificate unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: "Annual Report' shall mean any Annual Report provided by the Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. "Beneficial Ownce shall mean any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through somioees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income to PWPOWL 'Business Day shall mean any day other than a Saturday, Sunday or a day when banks in the City of New York, New York, or in Indian River County, Florida, or in the cities in which the principal Offices of the Issuer or the Paying Agent are required or authorized by law to be closed or on which the New York Stock Exchange is closed 'Dissemination Agent" shall mean the Clerk of the Circuit Courtin and for Indian River County, Florida, or any successor or alternate Dissemination Agent daignated in writing by the Issuer and which has filed with the Issuer a written acceptaow of such designation. "Listed Events' shall mean any of the events listed in Section S(a) of this Disclosure Certificate. 'National Repository shall mean any Nationally Recognized Municipal Securities Information Repository for purposes of the Rule. The National Repositories currently approved by the Securities and Exchange Commission are set forth in Exhibit B. 'Participating Underwriter" shall mean any of the origind underwriters of the Bonds required to comply with the Rule in connection with offering of the Bouds. 'RepositW shall mean each National Repository and each State Repository. "Rule' shall mean Rale 15c2 -12(b)(5) adopted by the United States Securities and Exchange Commission under the Securities Excluoge Act of 1934, ss the same may be amended from time to time. State' shall mean the State of Florida. 'State Repository shall mean any public or private repository or entity designated by the State as a state repository for the purpose of the Rule and recognized as such by the Securities and Exchange Commission. As E-1 of the date of this Certificate, there is no State Repository. Provislosf of Annual Reports (a) The Issuer shall, or shall cause the Dissemination Agent to, not later than June 1 of each year, commencing June 1, 1997 with the report for the 19951996 Fiscal Yen, provide to each Repository an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Certificate. The Annual Report may be submitted as a single document or as separate documents comprising a package, and may cross-reference other information as provided in Section 4 of this Disclosure Certificate; provide that the audited financial statements of the Issuer may be submitted separately from the balance of the Annual Report and later than the date required above for the filing of the Annual Report if they are not available by that date. If the Issuer's fiscal year changes, it shall give notice of such change in the same manner as for a listed Event under Section S(c). (b) Not later than fifteen (15) Business Days prior to said date, the Issuer shall provide the Annual Report to the Dissemination Agent (if other than the Issuer). If the Issuer is unable to provide to the Repositorie4 an Annual Report by the date required in subsection (a), the Issuer shall send a notice to each Repository and the State Repository, if any, in substantially the form attached as Exhibit A. (c) The Dissemination Agent shall: (i) determine each year prior to the due for providing the Annual Report the name and address of each National Repository and the State Repository, if any; and (u) if the Dissemination Agent is other than the Issuer, file a report with the Issuer certifying that the Annual Report has been provided pursuant to this Disclosure Certificate, stating the date it was provided and listing all the Repositories to which it was provided. Content of Antral Reports The Issuer's Annual Report shall contain or include by reference the following: 1. The audited financial statements of the Issuer for the prior fiscal year, prepared in accordance with generally accepted accounting principl a as promulgated to apply to governmental entities from time to time by the Governmental Accounting Standards Board. If the Issuer's audited financial statements are not available by the time the Annual Report is required to be filed pursuant to Section 3(a), the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement, and the audited financial statements shall be filed in the same manner as the Annual Report when they become available. z To the extent such information is not otherwise included as part of the annual audited financial statements of the Issuer, updated information from that set forth in the Official Statement for the Bonds under the headings 'Water and Sewer Cuutomere, 'Indian River County Department of Utility Services High Volume Customers', *Rate Structure, and 'Summary of Historical Revenues of the System' Any or all of the hems listed above may be included by specific reference to other documents, including official statements of debt issues of the Issuer or related public entities, which have been submitted to each of the Repositories or the Securities and Exchange Commission, If the document included by reference is a final official statement, it must be available from the Municipal SecurW a Rulemaking Board. The Issuer shall clearly Wen* each such other document so included by reference. E•2 Reporting of Significant Events (a) Pursuant to the provisions of this Section S, the Issuer shall give, or cause to be given, notice of the occurrence of any of the following events with reaped to the Bonds, if material: 1. principal and interest payment delinquencies. 2. non-paymeat related defaults. 3. modifications to rights of Bondholders. 4. optional, contingent or uaschedulod bond calla. S. defeasances. 6. rating changes. 7. adverse tax opinions or events affecting the tax exempt status of the Bonds. 8. unscheduled draws on the debt service reserves reflecting financial difficulties. 9. unscheduled draws on the credit enhancements reflecting financial difficulties, 10. substitution of the credit or liquidity providers or their failure to perform. 11. release, substitution or sale of property securing repayment of the Bonds. (b) Whenever the Issuer obtains knowledge of the occurrence of a Listed Event, the Issuer shall as noon as possible determine if such event Would be material under applicable federal securities lawn. (c) If the Iuuer determines that knowledge of the occurrence of a Listed Event would be material under applicable federal securities laws, the Repository, including the State Repository, Issuer shall promptly file a notice of such occurrence with each if any. Notwithstanding the foregoing, notice of Listed Events described in subsections (a)(4) and (5) need not be given under this subsection any earlier thea the notice (if any) of the underlying event is given to Holders of affected Bonds pursuant to the Resolution. Termination of Reporting oblipdm The Issuer's obligations under this Disclosure Certificate shall terminate upon the legal defeasance, prior redemption or payment in fall of all of the Bonds. if such termination occurs prior to We final maturity, of the Bonds, the Issuer shall give notice of such termination in the same manner a for a Listed Event under Section 3(f). Ansendmat; Wdvar Notwithstanding any other provision of this Disclosure Certificate, the Issuer may amend this Disclosure Certificate, and any provision of this Disclosure Certificate may be waived, provided that the following conditions are satisfied: (a) If the amendment or waiver relates to the provisions of Sections 3(a), 4, or S(s), it may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, ruuure or status of an obligated person with E-3 respect to the Bonds, or the type of business conducted; (b) The undertaking, as amended or taking into account such waiver, would, in the opinion of nationally recognized bond counsel, have complied with the requirements of the Rule at the time of the original issuance of the Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and (c) The amendment or waiver either (i) is approved by the Holders of the Bonds in the same manner as provided in the Resolution for amendments to the Resolution with the consent of Holderx, or (u) does not, in the opinion of nationally recognized bond counsel, materially impair the intereats of the Holders or Beneficial Owners of the Bonds. In the event of any amendment or waiver of a provision of this Disclosure Certificate, the Issuer shall describe such amendment in the next Annual Report, and shall include, as applicable, a narrative explanation of the reason for the amendment or waiver and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the Issuer. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements, (i) notice of such change shall be given in the same manner as for a Listed Event under Section S(f), and (ii) the Annual Report for the year in which the change is made should present a comparison (in narrative form and also, if feasible, in quantitative form) between the financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. Additional Information Nothing in this Disclosure Certificate shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Certificate. If the Issuer chooses to include any information in any Annual Report or notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Certificate, the Issuer shall have no obligation under this Certificate to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event. Default In the event of a failure of the Issuer to comply with any provision of this Disclosure Certificate any Holder or Beneficial Owner of the Bonds may take such actions as may be necesssry and appropriate, including seeking mandate or specific performance by court order, to cause the Issuer to comply with its obligations under this Disclosure Certificate. A default under this Disclosure Certificate ahall not be deemed an Event of Default under the Resolution, and the sole remedy under this Disclosure Certificate in the event of any failure of the Issuer to comply with this Disclosure Certificate shall be an action to compel performance. This Disclosure Certificate shall inure solely to the benefit of the Issuer, the Dissemination Agent, the Participating Underwriters and Holders and Beneficial Owners from time to time of the Bonds, and shall create no rights in any other person or entity. E4 APPENDIX F SPECIMEN MUNICIPAL BOND INSURANCE POLICY Financial Guaranty Insurance • Company i 115 Broadway N*rw• York. \l' 1000b ;312 313.3000 ,800, 332.0001 A GE CROW COMM Municipal Bond New Issue Insurance Policy lsauer: Policy Number: Control Number: Bonds: Premium: Financial Guarantv Insurance Company"Financial Guarana a New 1' ck insu Ice c in consideration of the payment of the premium and subject to the terms o his P •cv. here unconditionally and irrevocably agrees to pay to State Street dT Com ny. K.A. r its successor. as it, agent the -Fiscal Agent' for the bene ' dhol . dl ri of the p lcipa and interest on the above-describrd debt obligati a -Bon ' w•hic I l com a for lit but shall be unpaid by reason of Nonpay me , le Iss r. Finanoal Gunrivav Mill Illake snt•I a1'llell . Ille Ist'al will 1111 H.( sol Final or interest lwteniws Dur for Payment or tin &lsinewi D nex fldklr g tow ..1al l Financial Gilaranty shall havr Ilse fere a nNa hot ttn nqa. 1 sine it whwhichris t 11)icherver is ". Isfor el :twill but disburse isunpaid by lr eBondholder wln of Nctllavt Iy I r t nor ul I receipt by F' for form reasonabiv satisfactory a1 it. of (i r f the ader' t uI rive Ila will of the principal (or interest Diorfor Payi ent and Wml( cludi pp I • Its of ax+igtntwnt. that all of the BtNtdh order's rights to yl t of linin al or int We for Payiem shall thermlom vest in Financtial Guaranty. UIMm di . 'ae hilar 'ial C nn' shall lwoornr the ow'nrr of the Bond. algtlrerlant coupon or right to pawl of prinvil or it . I on such Bond and shall hw fully subrogated 141 all of the &aldholder's rights (Hearn ler. includi a Bondholder's right it; llavnavn dervf. I'll Is lion•vanlellahlr for any reason. 11a• premium of thl, P4fi'% is not ref nidabk' for any reason. i1 ung tow lmvliwnt of tlw Ihtals prior in their nlaturil%. I his P111N•v does not nlsllm against laws Of any plelltly'111Pr11 lrrelllllllll w'lIN'll Illa1' at any tlnw he loolVallle With rPYfNY't (11 tllly' BiNNI. AI used IN'n'iu. doe term "Boo(Ih ltlrf nN'ans. its IU a Pnriculur Wood. the lwrso n odwr that Ilw Issorr who. at tlw tittle of Nonplynwln, is entitled under tlw terms of such Hrsal to lmvnwnl tleretlf. "Dur for Pavmrnl" nwans. when referring it, the princilml of a BOIKI. Ihr• statetd nulutrity date thereof of the slate aI whish the sane shall have loran duly calked for mandaaln sinking fund i dnupti ll wool dyes 11tt refer aI any earlier date on whi'h layieut is fur by neural of call for rllemltiln (other than by nowt datoly sinking fund redemplial). acceieratio whal ter adyancetnrm of maturity wNl 1lwans. when re(eril►g w intereau cot a FGIC i. a rrai.ternl .wave mark to ed b% Fulaa•ial (.uarauly lniuratwe (aanpam under Iken.e frnan its parent rornpanr. RX Gorymraaal. Form 9000 10/93 VW 1 of ! Financial Guaranty Insurance Compare 115 Broadway r FGIC. New York—NA, .212 312-3000 800:352-0001 A GE Capital Company IMunicipal Bond New Issue Insurance Policy Bond. the stated date for payment of interest. -•lonliaynwm" in respect of it Ihmd means the failure of the Issuer to have provided sufficient funds to the Baying agent for paynwnt in full of all principal and interest Due for Payment tin such Blind. ' :No6ce" means telephonic or telegraphic native. subseyuendy cnnfirrrted ii writing. lir written notice by regisierwl or certified mail. from a Nindholder fir u pacing agent for the ntt}� to Financial Guaranty. "Business Day" swans am da% oilier than it Saturday. Sunday or a day -t t the Fiscal Agent is authorized by law to remain cltlwd. In Witness Whereof. Financial Guaranty has caused this Policy to be affil to be signed by its duly authorized officer in facsimile to become effective Guaranty by virtue of the countersignature of its duly authorizeAvpresei Aulhorized Reprewnialive n. X.A., acknowledge, that it ha., agreed to perforni the duties of Fiscal FGIIC 6 a registered ,eniv' alar u,ed In Fintow-nil t;Warant% In,urais-e Oinipaal uiairr la'etlse from its parent compare. F GI(. U;rlxwfajon. Fiirm (011) ;10/93: Pa1tr 2 iif 2 Financial Guaranty Insurance Company 115 Broadway New York. \-Y 1000u 212: 312.3000 800, 352.0001 A GE Caput( Company Endorsement To Financial Guaranty- Insurance Companv Insurance Policy Miley Number. Control Number: It is further undersurNl that the term " \onlwaynAm" in mlwci of a Bund inclu o or interest made lit a ii�ntdholdrr by ur ran lrhalf of dw isoer of each Biwa t a haw such K)ndhctldrr pursuant to dw (.niiwl Slow% WeAniptc% Crwlr by it Ira w in 1 akt with a final. nonapp•alable (order (of a lrrttrt having usn( wient rt ion. NOTHING HEREIN SKUL BE CONSTRUED TO VC . AL R. RE ' , A.MI IN X\l' OTHER SECTION OF THE POLICY. L \ CO. TO P ICl TERMS OF THLI, E\DORSEME\T SI,PEf1 DE HE IM L. FDIC. M14 CO\ THE In a'itnes. Whereof. Financial GAranty haNsr hi.. lar.ern its corporate seal and to be signed by its du a horizedoffic r is a .inti to bey effective and binding upm► FinancialGuaran�%turthth ountrr+ignanleo l.rlu urrtzedrrprrwentaticr. Effective Date: Authorized Repremnlative Acknowledged aw of the Elfeetive Date written slwrve: 6 5'�- Authorized Officer State Street Bank and Trust Company. N.A. as Fiscal Agent FCIC is ■ n fistered service mark used bl Financial (:uarann lit .uratm•r (Arnliam undrr license (earn in parent crwnpany. FGN: (ngwrruinn. Form E-0002 ;10/93 - Page 1 of 1 ! Financial Gusrum% Iniuranvw Cunq�xm Financial Guaranty Insurance Company 115 Broadway New York, New York 10006 (212) 312-3000 (800) 352-0001 Municipal Bond Debt service Reserve Fund Policy Issuer: Policy Number: Control Number: Bonds: Premium: ( J Bonds issued (under] (in accordance with) [ ) Maximum Amount: Resolution, as amended and, supplemented adopted Termination Date: Paying Agent: Financial Guaranty Insurance Company ("Financial Guaranty"), a New York stock insurance company, in consideration of the payment of the premium and subject to the terms of this Policy, hereby unconditionally and irrevocably agrees to pay the paying agent named above or its successor, as paying agent for the Bonds (the "Paying Agent"), for the benefit of Bondholders, that portion (not to exceed the Maximum Amount set forth above) of the amount required to pay principal and interest (but not any prepayment premium) on the Bonds which shall become Due for Payment but shall be unpaid by reason of Nonpayment by the Issuer. No payment shall be due hereunder for any event of Nonpayment that occurs after the Termination Date set forth above. Financial Guaranty will make such payment to the Paying Agent on the date such principal or interest becomes Due for Payment or on the Business Day next following the day on which Financial Guaranty shall have received Notice of Nonpayment, whichever is later. Upon such disbursement, Financial Guaranty shall become entitled to reimbursement therefor (together with interest thereon) all as provided in the Debt Service Reserve Fund Policy Agreement between the Issuer and Financial Guaranty dated as of the Effective Date of this Policy. The Maximum Amount shall be automatically reinstated when and to the extent that the Issuer repays amounts disbursed hereunder, but shall not be reinstated to the extent of amounts received by Financial Guaranty constituting interest on amounts disbursed to the Paying Agent pursuant to this Policy. Financial Guaranty shall provide Notice to the Paying Agent of any reinstatement of any portion of the Maximum Amount within one Business Day of such reinstatement. Form 9008 Page 1 of 2 Financial Guarani% hwiramw Cmilwm Financial Guaranty Insurance Company 115 Broadway New York, New York 10006 (212) 312-3000 (800) 352-0001 Municipal Bond Debt Service Reserve Fund Policy This Policy is non -cancellable for any reason, including the failure of the Issuer to reimburse Financial Guaranty for any payment made hereunder. As used herein, the term "Bondholder" means, as to a particular Bond, the person other than the Issuer who, at the time of Nonpayment, is entitled under the terms of such Bond to payment thereof. "Due for Payment" means, when referring to the principal of a Bond, the stated maturity date thereof or the date on which the same shall have been duly called for mandatory sinking fund redemption and does not refer to any earlier date on which payment is due by reason of call for redemption (other than by mandatory sinking fund redemption), acceleration or other advancement of maturity and means, when referring to interest on a Bond, the stated date for payment of interest. "Nonpayment" in respect of a Bond means the failure of the Issuer to have provided sufficient funds to the Paying Agent for payment in full of all principal and interest Due for Payment on such Bond and includes any payment of principal or interest made to a Bondholder by or on behalf of the issuer of such Bond which has been recovered from such Bondholder pursuant to the United States Bankruptcy Code by a trustee in bankruptcy in accordance with a final, nonappealable order of a court having competent jurisdiction. "Notice" means telephonic or telegraphic notice, subsequently confirmed in writing, or written notice by registered or certified mail, from the Paying Agent for the Bonds to Financial Guaranty or from Financial Guaranty to the Paying Agent, as the case may be. "Business Day" means any day other than a Saturday, Sunday or a day on which the Paying Agent is authorized by law to remain closed. In Witness Whereof, Financial Guaranty has caused this Policy to be affixed with its corporate seal and to be signed by its duly authorized officer in facsimile to become effective and binding upon Financial Guaranty by virtue of the countersignature of its duly authorized representative. President Authorized Representative Effective Date: Form 9008 Page 2 of 2 111/941