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Resolution 117-1981RESOLUTION NO. 117-1981 RESOLUTION AUTHORIZING THE CHAIRMAN OF THE MONROE COUNTY MUNICIPAL SERVICE DISTRICT AND ITS MANAGER TO EXECUTE THE ATTACHED PRE- LIMINARY OFFICIAL STATEMENT AND THE FINAL OFFICIAL STATEMENT AND ANY OTHER DOCUMENTS NECESSARY TO COMPLETE THE SALE OF THE BOND ISSUE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDAI as follows: That the Chairman of the Board of County Commissioners of Monroe County, Florida, acting as the Chairman of the Monroe County Municipal Service District and its Manager are hereby authorized to execute the attached Preliminary Official Statement and the Final Official Statement and any other documents necessary to complete the sale of the bond issue. Passed and adopted by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 7th day of April, A.D. 1981. (Seal) Attest: C erk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By G/V Mayor Chairman APPROVED AS W FORM AND 41" S&AFICIENCY YRE; .RY OFF ICLkL STA CE1[E'NT D.kq E[) N[:\RCH , 19 In • e pinina , ,�nd Counsel, the �0,,rF ,t on the Bonds is, ruder existing laius, regulations and judicial der, lions, exe,r pl trorn a" Federal ncunre tax, ro and the-Bocds .end li+e income thereon :r-,. <xempf frorn taxation, under the laws of the Slate of Florida, exempt -, to estate rrre., and taxes ; mposed by Chnpter 220. Flonnu Statutes, on interest, income or profits on deh,' Aligatir;., ou-P .hy corporations. NFW ISSUE Ratings: $850005000 MONROE COUNTY MUNICIPAL SERVICE DISTRICT MONROE COUNTY, FLORIDA IMPROVEMENT BONDS SERIES 1980 Dated: April 1, 1y81 Due: October 1, as shown below Principal arid,semi-annual interest (April 1 and October 1, first payment October 1, 1981) will be payable at , Paying Agent. The Bonds will be issued as coupon bonds in denomination of $5,000 each, and may be gistered, at cie option of the holder, as to principal only, or as to both principal and interest. The Bonds maturing in the years 1992 and thereafter are subject to redemption prior to maturity, in whole or in part, on or after October 1, 1991 as rnur�_ fully described herein. ' - The Bonds are -being issued under the proxrisions of a resolution adopted by the Board of County Commissioners of `ionroe Cowzy, Florida on August 26, 1980, as amended and supplemented, for the purpose of financing the cost acquisition and construction of additions, extensions and improvements to the solid waste disposal facilities of the :Monroe County, til«nicipal Service District (the "District"), :Monroe County, Florida, and to pay principal and interest on certain Notes is:�u.d in anticipation of the issuance of the Bonds. ;'he Bon,ls are payable solely from and secured by a prior hen upon and pledge of special assessments levier' ,:inually against residential property within the District for the availability and furnishing of solid waste disposal services, payments ~--eived from franchisee ;o'id waste collectors with respect to commercial property within the District and certain other non ad . iorem funds and incorne received by the District, as more particularly described herein. Neither the Bonds nor cu ;pons constitute general obligations of the District and no Bondholder shall ever have the right to compel the exercise of the ad val6rer, Lxing power of the District. 32,630,000* Serial Bonds Interest Yield or Year Amount* Rate Price Year Amount* 1982 $ 40,000 199.2 $120,000 1W 45,000 163 130,000 i984 .50,000 1994 145,000 1985 55,000 1995 160,000 :986 65,000 1996 175,000 1987 70,000 1997 195,000 1988 80,000 1998 215,000 1989 85,000 1999 240,000 1990 95,000 2000 265,000 1991 .-105,000 2001 =95,000 • $5,370,000* % Term Bonds due October 1, 2011 — Price (Plus Accrued Interest) clo Interest Yield • r Rate Pr: The Bonds are offered when, as and if issued and accepted by the Underwriter, subject to the unqualified approval of l ality of the Bonds by Freeman, Richardson, Watson, Kelly & Livermore, P.A., Jacksonville, Florida, Bond Counsel to the Ih rict, and other conditions. Certain other legal matters will be passed on for the County by :Michael H. Cates, Esquire, County Attorney for 'Monroe County, Florida. The Bonds in definitive form are expected to be delivered to the Underwriter's New York, New York on or about April , 1981 *Estimated, subject to change MO ROE COUNTY, FLORIDA MUNICIPAL SERVICE DISTRICT Board of the District George E. Dolezal, Mayor Jerry Hernandez, Mayor Pro Tent Curt Blair Wilhelmina Harvey Ken Sorensen Ralph.W. White, Clerk Charles P. Aguero, Manager :Michael H. Cates, Attorney Consulting Engineer el .I. Vincent Protheroe Gainesville, Florida Bond Counsel Freeman, Richardson, Watson. Kelly & Livermore, P.A. Jacksonville Florida C SUMMARY (Subject in all respects to more complete information contained in this Official Statement) j General. ,The Monroe -'County Municipal Seri -ice District w-as formed for the purpose of providing garbage, trash, waste collection and disposal within the District, the populated area of which include-s the Florida Keys except the City of Key West. The governing body of the District is the Board of County Commibsioners of Monroe County. Population was estimated at 30,286 in 1979. The Project. The proceeds of the Bonds will be used to pay 44,000,000 Notes of the District issued in anticipation of the bonds, to find a debt service reserve account equal to the maximum annual debt service requirements and to pay other costs associated with a waste disposal project. The project includes 8 solid waste incinerators at 3 sites and will supplant the existing system of solid waste landfills. i Collection of solid waste is accomplished by operators franchised by the District. Security. The Bonds will be secured by a lien on (i) assessments levied annually against residential properties specially benefited by the project, (ii) payments received from franchisee solid waste collec- tors with respect to commercial property, (iii) all other non ad valorem funds received by the District with respect to,furnishing services of the District's solid waste facilities and (iv) any income derived from the investment of certain funds. Table of Historical (unaudited) and Projected Revenues and Expenses (000s omitted) Fiscal Yeats Ended September :30th Historical_ _ _ _ Pro jecte-d(1) 1978 1979_ 1980 _ _ 1981 1982 1933 Pledged Funds ---- — - -- ----- - ---- _.. Waste Fee Collections $ 942 31,059 S1,2"30 $1,662 $1,720 31,744 Interest Income and Other 118 194 -__ 248 100 100 _ _ 100 Total Pledged Funds $1,060 $1,253 51,478 31,762 51,820 $1,cR44 Operating and Maintenance Expenses(2) Less Ad Valorem, Taxes Cost of Operation and Maintenance(3) Net Pledged Funds(3) Estimated Debt Service Requirements(4)' Times Coverage $1,185 31,493 $1,6.19 $1,882 S2,414 :32,448 1,187 1,326 524 1 628 - 1, ,97 - 1 940 167 31,115 __ i; _ 254 8 5 1 i 3 508 _$1,062 .�,'1 6 _ $ 363 1,508 5131)3 - 1 3:36 Funded $ 900 $ 901 1.45x 1.48x (1) Projected by M. Vincent Protheroe, P.E., Consulting Engineer (2) Excluding depreciation. (3) As defined in the resolution authorizing the Bonds. (4) Interest estimated C 10 :Y4%; maximum annual debt service estimated to be $905,825. No dealer, broker, salesman or other person has bt=en authorized to make any representations, other than a., -.:ontained in the Official Statement, and if given or made, such other information or represents - dons must not be relied upon. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buv not.-sh-all there be any sale of the Bonds by any person in any jurisdiction in which it is unlawful for such person:to make such offer, solicitation or sale. The information contained in this Official Statement has been obtained from public documents, records and other sources considered to be reliable and, while not guaranteed as to completeness or accuracy, is believed to be correct. Any statements in this Official Statement involving estimates, assumptions and matters of opinion, whether or not so i expressly stated, are intended as such and not as representations of fact, and the District expressly makes no representation that such estimates, assumptions and opinions will be realized or fulfilled. Any I information, estimates, assumptions and matters of opinion contained in this Official Statement are subject to change without notice, and neither the delivery of this Official Statement, nor any sale made hereunder, shall under any circumstances, create any implication that there has been no change in the affairs of the District since the date hereof. IN CONNECTION WITH THE OFFERING OF THE BONDS, THE UNDERWRITERS MAY OVER -ALLOT OR EFFECT TRANSACTIONS THAT STABILIZE OR MAIN- TAIN THE MAR9ET PRICE OF SUCH BONDS AT A LEVEL ABOVE THAT WHICH MIGAT OTHERWISE PREVAIL IN THE OPEN MARKET. SUCH STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME. Table of Contents Page Summary............................................................... Table of Contents ......... Introduction................................................................................................................... TheAct......................................................................................................................... TheBonds...................................................................................................................... RedemptionProvisions..................................................................................................... Purpose......................................................................................................................... Security.. * ........ I Estimated Debt Service Amortization Schedule..................................................................... Historical Revenues and E.penses...................................................................................... Projected Revenues, Expenses and Debt Service Coverage ..................................................... The District and Its Facilities............................................................................................ Ratesand Charges.:......................................................................................................... Project Costs and Construction ......................... Summary of Certain Provisions of the Resolution.................................................................. General Information ........................ Underwriting ......................... Validation.............,..............:......................................................................................... Legality... TaxExemption............................................................................................................... Litigation I Bond Ratings ....................................... f Authorization of and Certification Concerning Official Statement .............................................. IMiscellaneous.................................................................................................................. Appendix A Feasibility Study of Consulting Engineer Appendix B — Balance Sheet (Unaudited) Monroe County Municipal Service District Appendix C — Authorizing Resolution Appendix D — Form of Legal Opinion 0FFIC1-1L ST.1TE "L'NT 58,000,000 IVIONROE COUNTY MUNICIPAL SERVICE DISTRICT MONROE COUNTY, FLORIDA IMPROVEMENT BONDS SERIES 1980 INTRODUCTION The purpose of this Official Statement, including the cover page, summary and appendices, is to provide information concerning the sale by the :Monroe County Municipal Service District, Monroe County, Florida (the "District") of $8,000,000 aggregate principal amount of the District's Improvement Bonds, Series 1980. Bonds are being issued pursuant to Resolution No. 215-1980 of the Board of County Commissioners of Monroe County; Florida (the "Board"), the governing body of the Monroe Municipal Service District, adopted on August 26, 1980 as amended by Resolution 260-1980 adopted on October 6, 1980 and as supplemented by a resolution adopted by the Board on , authorizing the sale of the Bonds and fixing the details thereof (herein collectively the "Resolution"). The Resolution was adopted pursuant to and in full compliance with the Constitution and Statutes of the State of Florida, including particularly Chapter 125, Florida Statutes, Chapter 8, Articles I, 11 and III of the Monroe County Code and other applicable provisions of law. Resolution 215-1980, as amended and supplemented, is reproduced herein as Appendix C. Capital- ized terms used but not defined herein have the same meaning as in the Resolution unless the context - would clearly indicate otherwise. The Bonds were validated by a judgment of the Circuit Court of the Sixteenth Judicial Circuit in and for Monroe County on October 14, 1980, and the period during which an appeal may be taken therefrom has expired. THE ACT The District is a special district organized and existing tinder and by virtue of Chapter 125, Florida Statutes, Chapter 8, Articles I, 11 and III of the Monroe County Code, and other applicable provisions of law (the "Act"). The Act provides that all unincorporated lands in the County and the municipality of Key Colony Beach (estimate(tpopulation 1,100) shall be incorporated into a public corporation known as the Monroe County Municipal Service District for the purpose of providing garbage, trash, waste collection and disposal within the territorial limits of such area. However, any or all of the incorporated municipalities in the County may, by interlocal agreement elect to participate in the District. Layton (estimated population 400) is the only municipality with whom the District has such an interlocal agreement. ��1. po_al within the territorial limits of such area. How r!, . any or all ofthe incorporated municipalities in the Cot.nty may, by interlocal agreement, elect to participate in the District. Layton (estimated population 400) is the only municipality with whom the District has such an interlocal agreement. The governing bo0y of the District is the Board of County Commissioners of Monroe County and the Clerk of the.BAard is ex-6fficio clerk, auditor, recorder and custodian of the District funds. The Act provides that the District be a separate and distinct political entity from the Board of County Commissioners, and all revenues of the District, as well as all assets and liabilities shall be separate and distinct from the general revenues of the County, and the District's revenues shall be carried as a supplement to the County general funds and the surpluses of the District's revenues shall be carried over in the District's budget from fiscal year to fiscal year. The Board, constituted under the Act as the governing body of the District, has all the powers of a body corporate, including the powers to contract; to sue and be sued; to acquire, purchase, hold, lease and convey real estate and personal property; to borrow money, and to generally exercise the powers of a public authority organized and existing for the purpose of waste, garbage, trash collection and disposal within the territorial limits of the District. In order to carry out its function, the District is empowered to levy ad valorem taxes to pay the cost of operation and maintenance and to levy special assessments on residential and icommerciAl property for the availability of waste collection, transfer and disposal service. Such ad valorem taxeg and special assessments are described in more detail hereinafter under "THE DISTRICT AND ITS FACILITIES" and "RATES AND CHARGES". No other political body has the authority to collect solid waste in the District. In the Resolution, the District covenants that except as provided in the Act, it will not grant, renew, cause or consent to or allow any granting of any franchise or permit for the furnishing of services similar to those of the Facilities of the District within it boundaries. THE BONDS The Bonds will be issued in coupon form in the denomination of 35,000 each, registrable as to principal only, or as to both principal and interest. The Bonds will be dated April 1, 1981 and will be 'payable at . The Bonds will bear interest from their date at rates and mature in the amounts and on the dates as set forth on the cover page of this Official Statement. The Bonds will represent the total outstanding and authorized indebtedness of the District. REDEMPTION PROVISIONS Optional Redemption. The Bonds maturing on October 1, 1992, and thereafter maybe redeemed prior to their respective maturity dates, at the option of .the District, from any moneys available therefor, either in whole on October 1, 1991, or any (late thereafter, or in part on October 1, 1991 or any interest payment date thereafter (and if in part, in inverse order of maturity and by lot within a maturity) at the redemption prices shown below, expressed as percentages of their principal amount, plus accrued interest to the redemption date, if redeemed at the following times: Redemption Dates (Both Dates Inclusive) 0 October 1, 1991, through December 31, 1992 January 1, 1993, through December 31, 1994 January 1, 1995, through December 31, 1996 January 1, 1997, through December 31, 1998 January 1, 1999, through December 31, 2000 January 1, 2001, and thereafter 2 onal Redemption Prices 1021/a% 102 10 V/z 101 1001/z 100 Sinking Fund Redemption. In each of the Bond Y ending October 1st set forth below, the District is required to deposit the amounts of Amortization Installments indicated to a Bond Amortization Fund for application to the retirement of Term Bonds due October 1, 2011 either (i) by purchase at not more than 100% of the principal amount thereof (plus accrued interest) prior to the nest succeeding October 1st, or (ii) redemption by lot, at 100% of the principal amount thereof (plus accrued interest) on such nest succeeding 3ctober 1st. Bond Years amount of Bond Years amount of Ending Amortization Ending Amortization October 1st Installment* October 1st Installment* 2002 &325,000 2007 $540,000 2003 360,000 2008 600,000 2004 400,000 2009 665,000 2005 440,000 2010 735,000 2006 490,000 2011 815,000 Notification. Notice of redemption shall be published at least once, 30 clays prior to the redemption date in a financial journal published in the Borough of Manhattan, New York, New York, shall be filed with the Payinggent and shall be mailed, postage prepaid, to all registered owners of the Bonds. PURPOSE The Bonds are being issued to finance a portion of the cost of a Project, which is constituted of acquisition and construction of 8 solid waste incinerators at 3 sites, together with all appurtenances necessary or incidental thereto and to pay principal and interest on : 4,000,000 Improvement Bonds, Series 1980, Anticipation Notes (the "Notes") which mature May 15, 1981. The proceeds of the Notes were used to pay the remaining part of the cost of the Project. SECURITY Source of Payment. The payment of principal and interest on the Bonds is secured, equally and ratably, by an irrevocable lien on Pledged Funds, prior and superior to all other liens and encumbrances on such Pledged Funds, and the District has irrevocably pledged such Pledged Funds to the payment of the principal and interest on the Bonds, for reserves therefor and for all required payments. The term Pledged Funds is defined in the Resolution to mean: (i) Assessments (special assessments levied annually against residential property specially benefited by the Project and the furnishing of solid waste collection services, including the interest on such assessments), Gi) payments received from franchisee solid waste collectors with respect to commercial property in the District, (iii) all other non ad valorem funds received by the District with respect to furnishing services of the solid waste facilities owned and operated by the District (the "Facilities") and (iv) any income derived from the investment of fiends and aecount�—established-by the Resolution; excluding any state or federal funds received from time to time by the Distract. Neither the Bonds nor coupons shall constitute general obligations or indebtedness of the District as "bonds" within the meaning of the Constitution of Florida, but shall be payable solely from and secured by a prior lien upon and a pledge of the Pledged Funds. No Bondholder shall ever have the right to compel the exercise of the ad valorem taxing power of the District or taxation in any form of any real or personal property in the District to pay the Bonds or the interest thereon. *Estimated, subject to change Reserve account. From the Bond proceeds, the District shall deposit into a. Reserve Account in the Sinking Fund an amount equal. to the Maximum Bond Service Requirement. If, at any time, there shall be on deposit in the Reserve Account less than the Maximum.Bond Service Requirement then, to the extent necessary to maintain .the Reserve Account, there shall be deposited therein in each Bond Year, after providing for the payments required for the current Bond Service Requirement, from moneys remaining in the Revenue Fund, an amount equal to 20% of the difference between the Maximum Bond Service Requirement and the amount currently on deposit in the Reserve Account after the most recent withdrawal therefi•om.• Money in the Reserve Account. shall be used only for the purpose of the payment of maturing principal of or interest on the Bonds or maturing Amortization'Installments when the other ritoney in the Sinking Fund is insufficient therefor, and for no other purpose. Assessment Ordinance. The District shall annually adopt an assessment ordinance as required by the. Act, and thereby will determine, fix, levy and collect such Assessments as will always provide revenues in each year sufficient to pay 100% of the Maximum Bond Service Requirement on the Bonds and on all outstanding AdditionaloParity Obligations, plus 100% of all reserve or other payments, including the Cost of Operation and Maintenance and deposits for renewals and replacements of the Facilities. The Cost of Operation and Maintenance is defined in the Resolution to mean the ctuz•ent expenses of operation, maintenance and repair of the Facilities, as calculated in accordance with generally accepted accounting practice, -including payments made by the District to franchisee solid waste collectors, but shall not include any reserves for renewal and replacements, extraordinary repairs or any allowance for depreciation. Such current expenses shall be reduced by the amount of ad valorem taxes, if any, levied and collected within the District for such purposes. Such Assessments shall not be reduced so as to be insufficient to provide revenues for such purposes, provided, however, that the Assessments shall be levied against the benefited property in proportion to the special and positive benefits to be received from the acquisition and construction of the Project and fiu-nishing of solid waste disposal services to the residents of the District, and shall never exceed in the aggregate the amount by which such property is determined to be benefited. i Additional Bonds. Additional Parity Obligations, payable on a parity from the Pledged Funds with the Bonds, may be issued for the construction and acquisition of additions, extensions and improvements to the Facilities or for refunding purposes, upon the following conditions, among others: (1) There shall have been obtained a certificate of an independent certified public accountant stating that the Net Pledged Funds (Pledged Funds after deduction of the Cost of Operation and Maintenance) for the immediately preceding fiscal year was at least 1.20 times the Maximum Bond Service Require- ment on all Bonds, and all Parity Obligations, if any, then outstanding and on the Additional Parity Obligations with respect to which such certificate is made. (2) If desirable;'fhe Net Pledged Funds for such fiscal year may be adjusted by the Consulting Engineers to reflect changes made in the rates of the Assessments during such fiscal year and the period from the end of such fiscal year to the date of sale of the proposed obligations, as if such changes were in effect for the entire fiscal year. (3) The District shall not be in default in performing any of the covenants and obligations assumed under the Resolution. 4 ESTIMATED DEBT SERVICE 11IORTIZATIOti SCHEDULE S8.0ooj)00 `IONROE COUNTY MUNICIPAL SERVICE DISTRICT • MONROE COU' TY, FLORIDA IMPROVEMENT BONDS SERIES 1980 Years Ending October 1st Principal(l) Interest(2) Total 1981 = 0 - Funded 1982 40,000 860,000 $ 900,000 .1983 45,000 855,700 900,700 1984 50,000 80-0,863 900,863 1985 55,000 845,487 900,487 1986' 65,000 839,575 904,575 1987 70,000 832,588 902,588 1988 .80,000 825,062 905,062 • 1989 ' 85,000 816,463 901,463 1990 95,000 807,325 902,325 1991 105,000 797,112 902,112 1992 120,000 785,825 905,825 1993 130,000 772,925 902,925 1994 145,000 758,900 903,950 1995 160,000 713,363 903,363 1996 175,000 726,162 901,162 1997 195,000 707,350 902,350 1998 215.000 686,388 901,388 1999 240,000 663,275 903,275 2000 265,000 637,475 902,475 2001 295,000 608,987 903,987 2002 325,000 577,275 902 277 2003 3+,0,000 54'?,3.8 902,338 2004 400.000 50:3, 63 7 903,637 2005 440,000 460,638 900,638 2006 490,000 413,:337 903, 337 - 2007 540,000 360,663 900,663 2008 600,000 302,612 902,612 2009 665,000 2:33,113 903,113 2010 735,000 lti6,6`?5 901,625 2011 - 815,000 - --- -87,61 ... - S8,000,000 519,073,725 :i;27,073;725 (1) Includes Amortization Installments for Term Bonds (2) Interest estimated at 103/4% 5 MONROE COUNTY MUNICIPAL SERVICE DISTRICT, FLORIDA HISTORICAL REVENUES AND EXPENSES (Unaudited) --------- ---- I_iscal_Years 1:11ded September aU . Pledged Fun<ls � 1977 --- 1978 1979 1980 -- Waste Fee Collections Intergovernmental Revenues 5,795 941,969 Interest Income 30.1,M111 7,612 413,U(i0 iJt 51 , •17, 7 73 Other 50,J_'(► 1-1'',77;i — ---- ----- 1,395 4�61 Total $392,767 $1,1160; 732 �- — — — $1, 177,1;.,2 a Operating and Alainte►iance Expen,es(1) Personal Service; Supplie, and 111aintena►►ce $211,-164 $221,03; ) Contractural Services 101,619 356,797 119,305 1-3G,L11 260,501 General and Administrative 75,017 688,51-1 15r;,_'5S) 955,834 915,15h --- 172,107 Total $7-14,897 $1, ItS5,117 $1,-19;3,805 Less Ad valorem Tax Collection, 573,938 1,15(i,775 1,326,:312 524,030 -- Cu,t of Operatiuw► and Maiutenance(2) $170,959 $ (1,65h) � 1G7,-19;i ------- _ Net fledged h'wuls $.,., 1, �1,UI;._',;39U _-- ---- —tiUh (1) )✓xcludillg depreciation (2) As defined in the Resolution MOVROE COUNTY }IUNICIPAL SER`"ICE DISTRICT (FLORIDA) IMPROVEMENT BONDS, SERIES 1980 I Estimated Revenues, Expenses and Debt Service Coverage (000s omitted) (Revenues..and Expenses Derived from the Feasibility Study Prepared by the Consulting., Engineer) I i i Fiscal Years Ended September 30 . 1981 1982 -1983 1984 1985 1986 Assessment Income(1) $1,432 $1,433 $1,453 . $1,492 $1,503 $1,538 Payments from Franchisees with respect to Commercial Account Collections(2) 230 287 291 295 298 302 Other Revenues(3) 100 100 100 100 100 r 100 Total Pledged Funds $1,762 $1,820 $1,844 .31,887 $1,901 $1,940 Salaries and Administrative $ 183 $ 192 $ 202 $ 212 $ 22'2 $ 234 Comfnissions and Fees to Tax Assessor. and Tax Collector 100 100 110 110 120 120 Payments to Franchisees with respect to j Residential Account Collections 1,011 „ 1,043 1,057 1,086 1,093 1,120 Operation and Maintenance of 3 Incirferators 45 961 961 961 961 961 Operation and Maintenance of Landfills 543 118 118 118 118 118 i Total _ $1,882 $2,414 $2,448 $2,487 $2,514 $2,553 "Less Property Ta_Ces(4) 1.628 1,897 1,940 1,965 1,998 2,025 i Cost of Operation and Maintenance ` as defined in the Bond Resolution $ 254 $ 517 $ 508 $ 522 $ 516 $ 528 Net Pledged Funds $L-508 $1,303 $1,336 $1,365 $1,385 $1,412 Estimated Annual Debt Service(5) Funded $ 900 S 901 $ 901 $ 900 $ 905 - ; Deposit to Renewal & Replacement Fund(6) Balance(7) Times Coverage of Estimated Maximum i Annual Debt Service ($905,825) by Total I Pledgee: Funds Times Coverage of Estimated Current Debt Service by Net Pledged Funds(S) 100 31,408 403 $ 435 $ 464 $ 485 $ 507 2.01x 2.04x 2.08x 2.10x 2.14x 1.45x 1.48x 1.51x 1.54x 1.56x (1) Monthly rates are assumed to continue at the present rate of 56.50 per month. The Resolution requires that Assessments must be levied in an amount sufficient to pay Debt Service. the Cost.of Operation and Maintenance and Renewal and Replacement Fund deposits. (2) Based upon. increase in commercial charge from 6% of Franchisee Collections to 24% on 111/81. (3) Interest income and miscellaneous;excluding payments from other governments. (4) Results ofmillageleviesof-.62-larid1.422in1980and1981,respeetively;assumes mills thereafter. A total of $1,546,000in taxes was collected through February 28, 1981. (5) Level payments of principal and interest over 30 years at an assumed interest rate of ll}+/,%. (6) Assumes the Fund «ill be funded at the maximum required amount in the first year and that any capital expenditures would be made from the balance shown on the next line. (71 Balances of the magnitude shown are estimated to result from the present level of rates and certain assumed tax levies, either or both of which may be reduced. (8) The Resolution requires that prior to the issuance of Additional Parity Obligations, a certificate must be obtained stating that Net Pledged Revenues for the preceding Fiscal Year, adjusted to reflect changes in the rate of the Assessments, were 120% of Maximum Bond Service Requirement on all Bonds to be outstanding after the issuance of the Additional Parity Obligations. 7 j THE DISTRICT aNO ITS FACILITIES History. The Monroe County Municipal Service District was established by County Ordinance in 1975 for the purpose of providing garbage, trash, waste collection and disposal in the unincorporated area of the County. Prior to formation of the District solid waste disposal had been accomplished by private contractors.avho._suppli2d collection services as..well as operating private landfills. Initially the District entered into franchise agreements under which the only payments to the District were tipping fees paid to the District for solid waste disposal. In 1977, the District entered into 6 franchise agreements with private concerns (the "Collectors") for the collection of garbage and trash in all its unincorporated areas. The franchise agreements provide for the Collectors to be compensated for service to residential customers by payments from the District to the Collectors and for service to commercial accounts by charges tp such accounts by the Collectors. The charges are based on a schedule established by the Board. In turn, the Collectors pay the District a percentage of gross revenues received from' commercial accounts. The Collectors transmit solid waste to either one of two landfills or a transfer station, all operated by the District. The landfills under current operation are not expected to last for more than 24 to 36 months. Additional land suitable for landfrlling is difficult to obtain and develop clue to resistance by residents and regulatory agencies and since subsoil in the District is largely limestone. The District has financed its landfill operation and payments to Collectors by a combination of annual assessments to residences, payments by Collectors with respect to commercial accounts and ad valorem taxes within the District. The number of residential customers served during the past 3 years has been as follows: 1981* 1980 19t9 1978 18,343 17,436 16,948 15,225 *As of January 31, 1981 Administration. The Board employs as its Manager, Mr. Charles P. Aguero, who has served in that capacity since its inception. Prior to that time he served successively as Public Service Director. Finance Director and City Manager of the City of Key. West, Florida. Proposed Facilities. The Project being financed from the proceeds of the Bonds includes 8 incinerators at 3 sites together with ancillary equipment and site improvements. The 2 existing landfills will be retained for noncombustibles. The District is presently preparing to open a third landfill operation and phase out its transfer station in prospect of establishment of its.3 incinerator sites. Each of the incinerators will -have a capacity of 37.5 tons per day and, according to projections contained in the Feasibility Study of the Consulting Engineer included herein as Appendix A, they will be sufficient to serve the District's customers until the year 2000 with the addition of one additional incinerator unit, which may be required within the'next two years. Construction Costs Construction cost estimates, based upon the construction contract with R. W. Taylor Steel Co., including site preparation and ancillary facilities, are as follows: Long Key Site Key Largo Site Cudjoe Key Site (Middle Keys (Upper Keys (Lower Keys Service Area) _ Service area) _ Service Area) _ Total $2,311,204(1) 82,023,450(2) $1,674,535(3) $6,009,189 (1) Includes 3 incinerators; site developed to accommodate 4 units (.2) Includes 3 incinerators (3) Includes 2 incinerators 0 PROJECT COSTS -,,o CONSTRUCTION The District entered into a contract with R.W Taylor Steel Co., Ogden, Utah (the "Contractor") early in 1980 to construct the three incinerators described above.. Foundation work has been completed at all three sites. Work is approximately 90% complete at Key Largo, 75% complete at Long Key and 33% complete ati Cddjoe Key. All three incinerators -have been delivered to Key Largo and testing is expected to begin at that facility about June 15, 1981. Construction costs are estimated at $6,009,000 based on the District's contract with the Contractor. The contract obligates the Contractor to obtain construction and generating permits from the Florida Department of Environmental Regulation. The construction permits have been issued and operating permits will be applied for at completion of the Project. The construction contract is backed by a 100% performance bond. Completion of all three units is scheduled for September 15, 1981. Estimated sources and application of funds, including proceeds of both the Bonds and Notes is as follows: Sources: Note Proceeds , Less Discount Accrued Interest on Notes Bond Proceeds Less Estimated Bond Discount C, 21/,-,% Accrued Interest on Bonds Earnings on Funded Interest (1) Earnings on Construction Funds (1) Total Sources Application Payment of Principal of Notes Payment of Interest of Notes Payment of Construction Cost by Note Proceeds Payment of Balance of Construction Cost by Bond Proceeds Construction Contingency (Approximately 2.751Ic) Capitalized Interest on Bonds — 6 months @ 10:%45'0 Capitalized Debt Service Reserve Fund (one years debt service) Note Issuance Expense Bond Issuance Expense Municipal Bond Insurance Total Application (1) Interest earnings estimated•@ 14% 10 $4,000,000 28,160 $ 3,971,840 21,933 $8,000,000 200,000 7,800,000 —0- 55,000 60,000 $11,908,773 4,000,000 + 172,333 3,956,540 2,052,460 167,140 430,000 91i5' 000 15,300 50,000 160,000 $11,908,773 0 SUMMARY OF CERTA.N PRO) I.;, i',S OF ThE RESOLL-TION In addition to the covenants summarized.uncle r "SECURITY" certain covenants and provisions )ntained in the Resolution are summarized below. For more -complete information reference should be made to the Resolution which is reproduced herein as Appendix C. Definitions A. "Act" shall mean, collectively, Ch. 125, Fla. Stat. (1979); Chapter 8, Articles I, II and III of the Monroe County Code; and other applicable provisions of law. B. "Additional Parity Obligations" shall mean additional obligations issued in compliance with the .erms, conditions and limitations contained in the Resolution, and which shall have an equal lien on the Pledged Funds and rank equally in all respects with the Bonds initially issued under the Resemlution. C. "Amortization Installment" with respect to any Term Bonds of a series, shall mean an amount so designated which is established for the Term Bonds of such series, provided that (i) each such installment shall be deemed to be due on such interest or principal maturity date of each applicable year as is fixed by subsequent resolution of the Issuer and shall be a multiple of $5,000, and (ii) the aggregate of such nstallments for such set'ies shall equal the aggregate principal amount of Term Bonds of such series delivered on original issuance. . D. "Assessments" shall mean special assessments levied annually against residential property within the area of the Issuer specially benefited by the acquisition and construction of the Project and the ''urnishing of solid waste collection services within the area of the Issuer, including the interest on such special assessments. ` E. "Board" shall mean the Board of County Commissioners of Monroe County, Florida, the governing body of the Issuer. F. `Bond Service Requirement" for any Bond Year, as applied to the Bonds of any series, shall mean: the sum of. (1) The amount required to pay the interest becoming clue on the Bonds of such seizes during such Bond Year, except to the extent that such interest shall have been provided by payments into the Sinking Fund out of Bond proceeds for a specified period of time. (2) The amount required to pay the principal of Serial Bonds of such series maturing in such Bond Year. (3) The Amortization Installment for the Term Bonds of such series for such Bond Year. In computing the Bond Service Requirement for any Bond Year for Bonds of any series, the Issuer shall :assume that an amount of the Term Bonds of such series equal to the amortization Installment for the Term Bonds of such series for such Bond Year will be retired by purchase or redemption in such Bond Year or that a p ymenz .of such amount of Terra Bonds at maturity will be fully provided for in such Bond iYear. When determining the amount of principal of and interest on the Bonds which mature in any year, for purposes of the Resolution, an amount of Term Bonds equal to the amortization Installments, if any, applicable to Term Bonds in such year shall be deemed to mature in such year. G. "Bond Year" shall mean the annual period ending on a Bond principal maturity date. 11 H. "Consulting Engineers" _hall mean such (lualified and recognized independent consulting engi- neers, having favorable repute or skill and experience with respect to the acts and duties to be provided to the Issuer, as employed or retained by the Issuer to perform the acts and carry out the duties provided in the Resolution.': I. "Copt of Operation and Maintenance"of the Facilities shall mean the current experres, paid or accrued, of operation, maintenance and repair of the Facilities, as calculated in accordance with generally accepted accounting practice, including payments made by the Issuer to franchisee solid waste collectors, but shall'not include any reserves for renewals and replacements, extraordinary repairs or any allowance for depreciation. Such current expenses shall be reduced by the amount of ad valorem taxes, if any, levied and collected within the District for such purposes. J. "Facilities" shall mean the solid waste disposal facilities owned and operated by the ;S suer for the disposal of solid waste within the area of the Issuer. iK. "Federal Securities" shall mean direct obligations of the United States of America and obliga- tions, the principal of and interest on which are fully guaranteed by the United States of America, none of which permit redemption prior to maturity at the option of the obligor. L. "Fiscal Year" shall mean the period 'corrimencing on October 1 of each year and ending on the succeeding September 30. M. "Holder of Bonds" or "Bondholders" or any similar term shall mean any person who shall be the bearer or owner of any outstanding Bonds registered to bearer or not registered, or the registered owner of any such Bonds which shall at the time be registered otherithan to bearer. N. "Instrument" shall mean the Resolution. 0. "Issuer" shall mean the Monroe County Municipal Service District, Monroe County, Florida. P. "Maximum Bond Service Requirement" shall mean, as of any particular date of calculation, the greatest amount of aggregate Bond Service Requirements for the then current or any future Bond Year. Q. "Net Pledged Funds" shall mean the Pledged Funds, as defined below, after deduction of the Cost of Operation and Maintenance, defined above. R. "Pledged Funds" shall mean, collectively, the Assessments; any payments received from franchisee sold waste collectors with respect to commercial property within the area of the Issuer; all other non ad valorem funds received by the Issuer with respect to the furnishing of the services of the Facilities to the residents of the Issuer, excluding any state and federal funds received from time to time by the Issuer; and any income derived from the investment of funds and accounts created and established by the Resolution. S. "Project" shall mean the -additions., extensions and improvements to the Facilities, constituting the solid waste disposal incinerators to,. be acquired and constructed with the proceeds from the sale of the Bonds, together wdth all appurtenances necessary or incidental thereto. i T. "Serial Bonds" shall mean the Bonds of a series which shall be stated to mature in annual installments. U. "Term Bonds" shall mean the Bonds of a series, all of which shall be stated to mature on one date and which shall be subject to retirement by operation of the Bond Amortization Fund. I 12 Disposition of Pledged Funds. All Pledged Funcls ,�h.:, deposited in a Revenue Fund and disposed of annually in the following manner and order of priority. (1) such sums as'shall be sufficient to meet the payments of principal of and interest on the Bonds :,ecoming due during:the, current Bond Year shall be deposited in the Sinking Fund. (2) The District shall next deposit into a Bond :amortization Fund, on a parity with the deposits "set forth in (1) above, a sum sufficient to meet the amount of Amortization Installments for Term Bonds which shall become due during the current Bond Year. (3) The District shall nest apply money in the Revenue Fund to maintain a Reserve Account in the Sinking Fund in a sum equal to the :Maximum Bond Service Requirement on the Bonds in the manner heretofore set forth under "SECURITY — Reserve Account". (4) Upon the issuance of any. Additional Parity Obligations, the payments into the Sinking Fund and, if Term Bonds are issued, into the Bond Amortization Fund shall be increased in such amounts as shall be necessary to make payments for the principal, interest, reserves and Amortization Installments, if any, for the Additional Parity Obligations. (5) Revenues shall Best be used for deposit in an Operation and Maintenance Fund sums necessary for the Cost of Operation and Maintenance for the current Fiscal Year. (6) Money in the Revenue Fund shall next be used to make current debt service payments for obligations of the District issued to finance improvements to the Facilities, which are subordinate to the lien of the holders of the Bonds and Additional Parity Obligations on the Pledged Funds. d (7) The District shall next deposit money in the Revenue Fund to a Renewal and Replacement Fund an amount equal to 6% of the Pledged Funds collected the previous Fiscal Year, until there shall be on deposit therein the sum of $100,000 or such larger amount as may be recommended by the Consulting Engineer. The money therein shall be used only for paying the cost of extensions, enlargements or additions to, or the replacement of depreciable capital assets of the Facilities and emergency repairs thereto. Such money on deposit therein shall also be used to implement the Reserve Account in order to prevent a default in the payment of debt service on the Bonds. (8) The balance of any money remaining in the Revenue Fund shall be used for the purchase or redemption of Bonds, for making capital improvements to the Facilities, or for any other lawful purpose. Operation and `Iaintenance. The District ;will maintain the Facilities in good condition and %kill operate the same in an efficient and economical manner. Annual Budget. The District shall annually prepare and adopt a detailed budget of the estimated expenditures for operation and maintenance of the Facilities during the nest succeeding Fiscal Year. No expenditure in excess of the budgeted amount shall be made without recommendation by the officer in charge of the Facilities, or shall be made until the Board shall have approved such recommendation. No increase in espenditih-es in exces's df 10% of the amount provided for in the budget shall be made without the certification of the Consulting Engineer that such increased expenditures are essential to the operation of the Facilities. Books and Records. The District shall keep books and records of the Pledged Funds which shall be kept separate and apart from all other books and records of the District. Annual audit. The District shall within 180 clays after the close of its Fiscal Year cause the books and records relating to the Pledged Funds to be audited by a recognized independent firm of certified public accountants, and shall make generally available the report of such audits to any holders of the Bonds. 13 No Mortgage or Sale of the Facilities. The District «ill not :ell, lease, mortgage or otherwise encumber Facilities except as provided in the Resolution, which requires certain determinations depending upon the amount of aasets•to be disposed of. In order to dispose of property in excess of 10% of the value of the fixed assets of the Facilities the officer in charge of the Facilities and the Consulting Engineer shall make a finding in wn,ing fhaeit is in the best interest of the Facilites that such property be disposed of and they shall furtlfe"r'find-that the estimated Assessments to be levied by the District in the -a Fi cal Years immediately succeeding the disposition of such property will be not less than the amount required by the Resolution as summarized heretofore under "SECURITY — Assessment Ordinance". Insurance. The District will carry adequate fire and windstorm insurance on all buildings and structures of the Facilities which are subject to loss through fire or windstorm, will carry adequate public liablility insurance, and will otherwise carry .insurance of all kinds and in the amounts normally carried in the operation of similar facilities in Florida, except public liability insurance for which the District may be a self insurer in accordance with the laws of Florida. All money received for losses under `Any of such insurance, except public liability, is pledged as security for the Bonds, until and unless such proceeds are used to repair the property damaged or replace the property destroyed as soon as practicable. Enforcement of Collections. The District will diligently receive, enforce and collect the Pledged Funds and will take action for; the enforcement -and collection of the Assessments as shall become delinquent to the full extent permitted by law. Remedies. Any holder of Bonds may either at law or in equity, by suit, action, mandamus or other proceedings in any court of competent jurisdiction, protect and enforce any and all rights, including the right to appoint a receiver, existing under the laws of the State of Florida, or granted or contained in the Resolution. Consulting Engineers. The District will annually retain an independent Consulting Engineer having a favorable reputation for skill and experience for the design, construction and operation of facilities of comparable size and character as the Facilities. The District shall, at least every 2 years, cause to be prepared by the Consulting Engineers, a report with respect to the management of the Facilities, the Assessments for services of the Facilities, the proper maintenance of the Facilities and the necessity for capital improvements and recommendations therefor. i Manager of Facilities. The District in operating the Facilities will employ a manager of demonstrated ability. Use of Facilities. The District will, to the full extent permitted by law, require persons within the limits of the District who can use the services of the Facilities, to utilize such services immediately upon availability and to.cease the use of all other similar services. Modification or Amendment. No material modification or amendment of the Resolution may be made without the consent of the holders of at least two thirds of the principal amount of Bonds then outstanding, provided, however, that no modification or amendment shall permit a change of maturity of the Bonds, or a reduction in the rate of interest on or principal amount of the Bonds, or affect the unconditional promise of the District to pay principal and interest on the Bonds, as the same shall come due, from the Pledged Funds, or reduce the percentage of the holders of the Bonds required to consent to i any material modification or amendment, without the consent of the holders of all of the Bonds. iDefeasance. If the District shall have paid, or shall have made provision for payment of, the principal, interest and redemption premiums, if any, with respect to the Bonds, then the pledge of and lien on the Pledged Funds in favor of the holders of the Bonds shall be no longer in effect. For the purposes of the defeasance described in the preceding sentence, deposit of sufficient cash and/or principal and interest on Federal Securities or bank certificates of deposit fully secured as to principal and interest by Federal 14 Securities (or deposit of and other securities or incestmeuts which may- be authorized by law from time to time and sufficient under such lags to effect such defeasance) in irre�-ocable trust with a banking iinstitution or trust cpmpany, for the sole benefit of the Bondholders, to make timely payment of the principal, interest and redemption premiums, if any, on the outstanding Bonds, shall be considered i "provision for payment" 15 N 11 GENERAL INFORMATION The area to.be.served by the Project is the populated area of N'lonroe County, except Key West, which consists oPa chain of low lying islands known as the Florida Keys stretching south of Dade County from Car�-$ound to'Key West, a distance of approximately 112 miles. The Florida Keys are. known as a water oriented resort area for not only densely populated southeast Florida, immediately to the north, but for visitors from throughout the U.S. and abroad. Population of the District is estimated as follows: April 1, 1979 April 1, 1970 (Estimated by Bureau of Economic and (U.S. Census) Business Research, University of Florida) , 22,801 30,286 , Assessed Valuations, Tat Levys and Tax Collections Municipal Service District Amount of Total Taxable ' amount Taxes Tax Assessed Assessed Millaae of Taxes Collected Years Valuation Valuation Levied Levied (Plus Discounts 1980-81 $1,144,732,926 1.422 $1,627,810 In Process 1979-80 $1,109,672;573 $. 879,711,727 0.62; S 548,940 $ 546,875 1978-79 $1,032,731,498 $ 836,722,255 1.626 $1;360,510 $1,351,731 1977-78 $ 783,588,990 $ 612,904,020 2.0 S1:225,808 $1,183,546 1976-77 $ 747,003,825. $ 590,031,235 1.0 $ 590,031 S 585,430 Monroe County Current % of Total Taxable Taxes Current Tax Assessed Assessed Taxes Collected Taxes Years Valuation Valuation Levied (Plus Discounts) Collected 1980-81 $2,228,927,518 $1,603,376,740 S In Process In Process 1979-80 $1,665,357,900 $1,156,005,250 519.479,444 519,452,093 99.7 1978-79 $1,572,525,474 $1,096,849,475 520,194,481 520,115,659 99.61% 1977-78 •$1,177,810,594 $ 795,000,690 516,465,010 $16,299,041 98.99% 1976-77 $1,134,013,635 S 765,516,025 -S14,627,060 514,532,280 99.35 % 1975-76 $1,iO3,069,036 $ 735,968,687 814,341,379 -S14,275,718 99.54% 16 El Monroe Municipal Service District Net Debt Statement ,March 31, 1981 General lion -Self Self - Obligation Supporting Supporting Overlapping Debt Bonds Revenue Bonds Revenue Bonds B d fC C L' dT oar o ounty ommiso oners smite ar Bonds (5 mills) Certificates of Indebtedness I Dtd.9/1/65 i Bridge Revenue Bonds Dtd. 9/1/67 ($1,690,000 less $137,083 in Reserve Account) Board of Public Instruction ' Certificates of Indebtedness Dtd. 6I1/66 ($890,000 less $235,725 in Reserve i Account) y Florida Keys Aqueduct Authority 91/4 Water Revenue & Refunding Bond Anticipation Motes, Series A-1 and B i Dtd. 10/1/80 Total Overlapping Debt l Direct Debt :Monroe County Municipal Service District Monroe County, Florida Improvement Bonds, Series 1980 (This Issue) Total Direct Debt Total Direct Debt and Overlapping Debt $875,000 $ 654,275 $875,000 , $ 654,275 —0— $875,000 17 S8,000,000 $8, 6,34, 275 $ 1,552,917 62,740,000 $64,292,917 �a 'a ;s I M Cash Investments Taxes Receivable, Delinquent Accounts Receivable Due from Other Funds Due from. Other Governments Total.Assets M Monroe C nr-ntti General Revenue Fund Balance Sheet Assets Fiscal Years Ended Septemiv,--:30, 1980 September 30,1979 $3,712,234 l.i�ib>.�iUfl — 0 - -.— 65 76 1,184 952 74, j70 iA13 238,018 S4. 728 $4, 005, 971 Liabilities, Reserves and Fund Balance Vouchers Payable Contracts .Payable 2.?_000 Due to Other Fudds : •108 Due to Other Governments __7t30 Deposits in Escrow '•3.031 Revenues Collected in Advance - �— Other Current Liabilities Total Liabilities Reserve for Encumbrances Fund Balance 'total Liabilities, Reserves and Fund Balance S4.?;:2 -28 :Monroe Coxnty General Revem:e Fund Analysis of Changes in Fund Balance Fiscal Ye Septeml 30, 1980 Fund Balance — Beginning of Period 3 Add: Excess of Revenues over . i Expenditures Revenues Expenditures Reserve for* Encumbrance from Previous Fiscal Years Cancelled Total Balance and Additions Deduct: Reserve for Encumbrances at End of Period Fund Balance — End of Period 38,848,429 7,970,945 $ 156,332 —0 99,000 10,362 22,441 9,625 2,399 300,659 29,249 3,676,063 $4,005,971 Ended September 30,1979 $2,740,542 877,484 87,286 $3,705,312 29,249 .$3,676,063 13 UNDERW"BITING The Series 1980 Bonds are to be purchased by an underwriting group (the" U nderwriters") headed by William R. Hough & Co. The Underwriters have jointly and severally agreed, subject to certain customary conditions to closing, to purchase the Bonds at air aggregate discount of from the initial public offering -prices set forth on the cover page of this Official Statement. The Underwriter will be obligated to purchase all of the Bonds if any of the Bonds are purchased. The Bonds may be offered and sold to certain dealers (including Underwriters) at prices lower than those public offering pi°ices, and those public offering prices may be changed from time to time by the Underwriters. VALIDATION The Bonds were validated by judgment of the Circuit Court of the Sixteenth Judicial Circuit of Florida, in and for Monroe County, rendered on October 14, 1980 and the time for taking%,an appeal therefrom has expired. LEGALITY Legal -matters incident to the validity of the Bonds, including their authorization, issuance and sale by the County are subject to the approval of Freeman, Richardson, Watson, Kelly & Livermore, P.A., Jacksonville, Florida, whose approving opinion will be furnished, without charge, to the purchasers of the Bonds at the time of their delivery. TAX EXEMPTION In the opinion of Bond Counsel, the interest on the Bonds is exempt from all present Federal income taxation, and the Bonds and the income thereon are exempt from taxation under Florida law-, except as to estate taxes and taxes imposed by Chapter 220, Florida Statutes, on interest, income or profits on debt obligations owned by corporations. LITIGATION There is not now pending any litigation restraining or enjoining the issuance or delivery of the Bonds or questioning or affecting the validity of the Bonds or the proceedings and authority under which they are to be issued. Neither the creation, organization or existence of the District, nor the title of the present members of the Board or other officers of the District to their respective offices is being contested. There is no litigation pending or to the knowledge of District officials threatened which, if it were decided against the District, would have a materially adverse effect upon the financial affairs of the District. BOND RATINGS As noted on the cover page of this Official Statement, �'Ioody's Investors Service, Inc. and Standard & Poor's Corporation have given the Bonds the ratings shown thereon. Such ratings reflect only the respective views of such organizations and an explanation of the significance of such ratings may be obtained from the rating agency furnishing the same. There is no assurance that such ratings will continue for any given period of time or that they will not be revised or withdrawn entirely by either or both of such rating agencies, if in the judgment of either or both circumstances so warrant. Any downward revision or withdrawal of such ratings, or either of them, may have an adverse effect on the market price of the Bonds. 19 AUTHORIZATION OF AND CERTIFICATION CONCERNING OFFICIAL STATEMENT Concurrently «'ith the delivery of the Bonds, the Chairman of the Board and the District Manager will furnish their cei-titicate to the effect that, to the best of their knowledge, the Official Statement, as of its (late and -as of the date of delivery of the Bonds, does not contain an untrue statement of a material fact and does not omit to state a material fact which should be included therein for the purpose for which the Official Statement is to be used, or which is necessary to make the statements contained therein, in the light of the circumstances in which they were made, not misleading. MISCELLANEOUS The references, excerpts and summaries of all documents referred to herein do not purport to be complete statements of the pro�isions of such documents, and reference is directed to all such documents for full and complete statements of all matters of fact relating to the Bonds, the security for the payment of the Bonds and -the rights and obligations of the holders thereof. The execution and delivery of this Official Statement by its Chairman and its `Tanager have been duly authorized by thc+ Board of the 'Monroe County Municipal Service District. 1NIONROE COUNTY MUNICIPAL SERVICE DISTRICT B Chairman Manager 20 Rates and Charges. The Board annually levies an assessment against all improved residential properties within the District. The.assessments constitute a lien upon the property assessed of the same extent as the lien for generai county taxes and are collectible by the county tax collector in the same mariner and at the same tirne-as county"ad valorem taxes are collected. The District covenants to levy and collect such assessments as will always provide revenues in each year sufficient to pay 100% of maximum annual debt service plus 100% of all reserve or other payments including the cost of Operation and Maintenance (defined in the resolution to mean operating expenses reduced by ad valorem taxes levied by the District for operating the facilities of the District). The Board also establishes service fees for commercial accounts which vary according to the number of cans and pickups per week. The District receives a percentage of such senice fees from the Nanchised collectors. Collectors. There are currently six private collectors franchised by the District to serve specific areas. They are compensated by monthly payments of $4.00 to $5.00 per residential customer paid by the District (included in its Cost of Operatiop and Maintenance). The collectors bill commercial accounts directly and pay a porti$n of the amount received (currently 24%) to the District. Additional Bonds. Additional Parity Obligations may be issued provided, among other conditions, the Net Pledged Funds.(Pledged Funds after deduction of the cost of Operation and Maintenance) for the immediately preceding fiscal year was at least 1.20 times the maximum annual principal and interest on all parity obligations to be outstanding. Net Pledged Funds may be adjusted to reflect changes made in the rate of assessments during the fiscal year. ` i APPEtiDIX A - FEASIBILITY STL DY OF CONSULTING, ENGINEER i i i - i A-1 SUPPLEMENT AND SUMMARY OF FEASIBILITY STUDY PROPOSED INCINERATION 'FACILITIES MONROE COUNTY MUNICIPAL SERVICE DISTRICT r MONROE COUNTY, FLORIDA MARCH 1981 PREPARED FOR MUNICIPAL SERVICE DISTRICT BOARD BOARD MEMBERS: George E. Dolezal, Chairman Curtis A. Blair Wilhemina Harvey Gerald Hernandez, Jr. Ken Sorensen DISTRICT MANAGER: Charles P. Aguero PREPARED BY M. VINCENT PROTHEROE, P.E. CONSULTING ENGINEER 123 N.W. 23RD STREET GAINESVILLE, FLORIDA 32607 340 /81 0. SUPPLEMENT AND SUMMARY 0c', FEASIBILITY STUDY PROPOSED INCINERATION FACILITIES MUNICIPAL SERVICE DISTRICT MONROE COUNTY, FLORIDA 1. INTRODUCTION - Reference is -made .to the "Feasibility Study, Proposed Incineration Facilities, Monroe County Municipal Service District," dated October 1980. This report was used as the basis for the validation hearings and preliminary prospectus information for the proposed $8,000,000 bond issue. Some months have elapsed since the issuance of that report, during which time the Municipal Service District has issued bond anticipation notes in the amount of $4,000,000 so that construction could proceed. It is currently estimated that the three incinerator sites will be operational on or about 15 September 1981. Several other factors have changed' or been resolved since the October report which have significantly affected the revenue factors presented therein. These includes a. Increase in the number of residential customers for solid waste service in the Municipal Service District area. b. Upward revision of the assessable property tax roll for Monroe County.. c. App4oval of increased homestead exemption figures for .residential owners by amendment of the Florida Constitution. d. Non -issuance of bonds in 1980 and subsequent closing of County books, converting Fiscal Year 1980 from a projec- tion to a historical reoord. S-1 0 2. 3• e. Elapsed. time between October 1980 and present, making some figures in the October report out-of-date. f• Interest rates for borrowings, including governmental tax-free bonds have continued to increase. On this basis, the County's Underwriters, William R. :Hough and Company, have requested this Supplement and Summary to provide•a more current picture of the bond issue's f feasibility. RESIDENTIAL CUSTORS - The latest count of residential cus- tomers (property owners assessed for solid waste service) is 18,343 W of January 31, 1981. This exceeds the number projected for Fiscal Year 1982 in the October report. - Consequently, Table D-1*has been revised to reflect the Population/customer projection using the latest count as a base historical figure. Revised Table D-1 is presented in the Appendix. Since this resulted in an increase of customers for each of the Fiscal Years 1981-1986, special assessment revenues are projected -to increase also.' They are based on $6.50 per month or $78.00 annually for each account. REAL ESTATE PROPERTY TAX ROLL - Several changes have affected the value of this tax roll. The AmPntiman+ +„ +I,- '01,...: a_ Constitution passed in the November election establishes a $15,000 homestead exemption for Calendar Year 1980, $20,000 for 1981 and $25., 000 .for 1982. At the same time, County property p y appraisers have been. under heavy pressure by the State of Florida to raise property appraisals to achieve the 100% of just value mandated by state law. The net result of these factors was a substantial *Original table contained in October 1980 Report S-2 increase is property tax roll subject to milla: -, rnr the Municipal Service District over that presented in the October report. Table D-2* was revised to reflect these changes and is. presented in the Appendix. 4. PRIN..CIRLE "AND INTEREST PAYMENTS'- The latest estimate of the maximum principle and interest payment expected for the $8,000,000 bond issue (furnished by William R. Hough and Company) is $905,000; Phis is an increase of $55,000 annually above the $850,000 payment presented by the October •report. 5. OTHER COSTS/REVENUES - A County audit of the entire Monroe County financial picture was recently completed for the Fiscal Yedr ending in 1980, In spite of requests made by the Municipal Service District, the auditors did not present audited figures for many of the financial cataguries signifi- cant to the Municipal Service Distr`ict's operation. The audit and other sources of amounts budgeted and spent have been examined and provide a reasonable check on the actual or estimated figures presented in the October report. Other costs and revenues presented by that report have, therefore, been accepted as sufficiently close for comparison purposes. In future years it is hoped that the auditors can be instructed in sufficient time and, if necessary, their audit fee can be supplemented to provide information more useful to the Municipal Service District. 6. REVENLLS'VS. EXPENSES - The net result of the changes and other factors discussed above have been incorporated into Table A, which is presented herewith. An examinE.tion of Table A clearly demonstrates that the proposed project *Original table contained in October ly 0 Report S-3 TABLE A* Proposed $8,000,000 Improvement Bonds, Series 1981 Monroe County Municipal Service District Monroe County, Florida L000) Omitted From $ Figures rnr A T l7T,A nLIn cT;IDMP APVP �nmx 1980 1981, 1 1 � V L1 L y 1J 1 2 { 11 L U +• 1983 1 8 1 8 - - 1986 Assessment Income A K Payments from Fran-chipees for . Commercial Accounts 'B Other Revenues C 230 100 4 3 3 287 100 291 100 1,492 2 100 1 0 100 1 TOTAL PLEDGED FUNDS 1 62 1 820 1.844 1,887 1._2 01 1. 40 183 192 2.12 2 t Salaries and Administration D a Commissions and Fees 100 100 110 110 120 120 Payments to Franchisees Residential Accounts E r-+ a 1,011 1 04 1 0 1 086 1 0 3 1 120 0 & M - 3 Incinerators F O 45 961 61 961 961 961 543 1_18' 118 118 118 118 0 & M - landfill Operations at Incinerators G E' CO 1,882 2,414 2,448 2,487 2,514 2,553 TOTAL ~ Less Proceeds from Property Tax H x �- 1,628 1.897 1,940 1,965 11998 2,025 Cost of 0 & M as per Bond Resolution K 254 517 508 522 516 528 Net Pledged Funds 1,508 1,303 1,336 1,365 1.385 1,412 Annual Debt Service I K FUNDED 0 0 90 05 9( Deposit to Renewal and Replacement Fund J 100 0 0 0 0 S� BALANCE 19408 398 431 460 480 417 *This table is a revision of Table E-1 contained in the October 1980 Report t WOW -- t No es P TABLE A (continued) osed 8 000 000 IT rovement Monroe Bonds Series Count Municipal Sery Mun t onroe Co ice District Florida (A) Source; Table (B) SourCe: Table D-3*#Revised)* (D) SourCe: Table D-4** (E) urce: Table C-9** Source; Table (F) SourCe: TablesC-4C-10** (G) Source: ► C-5 and (Hj Based � Table C-7** C-6* on 1.422 (I) Maximum Principle 198ou 1.62 mills for 1 William R. and lnterestrce: Table D_2 982 (J) Maximum Hough and Co. Pro osed. (Revised)* balance requiredP Source: by bond resolution ifor renewal is anticipated $100,000. Fundeadinellacement would be needed that little or time for this fund no additional deposit (K) Bond r 90,000 deposit until deposit esolut.io is shown, 1986, at which or exceed 100 ono fequires assessment bond resolutio annual debt Se income to equal meant fund. IceFollowingetable it piesnewai and replace- (000, per Presents this Ce- comparison; (000's Omitted) Fiscal —&R Plus Year Debt Se -mice 0 & Assessment 1981 100. In--�_ Sur Ius 1982 1983 905 �57 1,432 1984 905 508 1433 1,078 1985 905 522 1:453 11 .1986 905 , 995 516 1►492 6 528 1.503 8 *See Appendix **See October 1980 Report 1,438 2 15 0 is feasible, cased on current assessment levels an minor increase (14%) in mill,�e for operation of the .Municipal Service District. The proposed millage of 1.62 mi l-ls;is well below (23.4%) the 2.0 mill cap formerly in Force in the District.*While this cap has been removed by District Board action, the revenues derived from the property tax should by sufficient without exceeding that level. 7. CONSTRUCTION CONTINGENCY - While a 10% construction 'contin- gency is considered standard for proposed projects, this project has been under construction for some time. A major factor in many contingenby budgets is the encountering of unknown foundation conditions, a factor which has been eliminated by the construction activity already. It is, therefore, our opinion that a reasonable allowance for con- tingency in these special circumstances would be in the 2.0-2.5% range. According to the latest estimates, the Contractor, R. W. Taylor Steel Company, should complete all three installations on or about 15 September 1981. This will result in the placement in operation of the following facilities: Long Key - Three (3) 3.75 Ton Per Day Incinerators Key Largo - Three (3) 3.75 Ton Per Day Incinerators Cu4oe Key -.Two (2) 3.75 Ton Per Day Incinerators 8. CONCLUSIONS AND RECOrOIENDATIONS - Based upon a review of the October report in light of the factors discussed above, and an analysis of the revenues vs. expenses projected for this project as presented in Table A, we have reached the following conclusions: S-4 a. =The project proposed is financially sound and Weable. .b. The.facilities proposed, as outlined in paragraph 7, will serve the long-range solid waste disposal needs of Monf•oo County. c. Interim financing arranged by the Municipal Service District has been very beneficial in permitting .the Con- tractor to proceed while the proposed bond issue was being arranged. To implement this program further, we recommend the following actions be taken by the Monroe County Board of County Commissioners•,.sitting as the Municipal Service District Board of Directors: a. Approve and accept this Supplement and Summary Feasi- bility Study. , b. Proceed as rapidly as possible with sale of the pro- posed $8,000,000 bond issue. c. Plan to set the Municipal Service District millage at 1.62 mills for the Fiscal Year ending in 1982, and for subsequent years. d. Obtain a permit for the operation of a sanitary landfill at Key largo, which will be needed to supplement the pro- posed incineration facility at that site. e. Upon completion of construction, start-up.and testing, operate and maintain the following incineration facilities: (1)' Long Key Incineration Facility consisting of three (3) 37.5 Ton Per Day Incinerators and Sanitary landfill (existing). S-5 (2) Key Largo Incineration Facility consisting, three (3) 37.5 Ton Per Day Incinerators and Sanitary Land- fill (proposed). (3)* C.pdjoe Key Incineration Facility consisting of two (2) 37.5 Ton Per"Day Incinerators and Sanitary. Landfill (existing). S-6 C .APPENDIX REVISED TABLES DTl AND D-2* in *Original tables appear in October 1980 Report I ROV I E J lA3TF D-l* Year 1978 1979 1980 1981 1982 1983 1984 1985 . • . 1986 Srecial Assessments - Solid Waste Service Residential Oustomers Historical and Projected Monroe County Ylunicioal Service District Monroe County, Florida Number Residential Customers • A 15,225 16,948 17,332 18,343 18,370 (D) 18,627 • 19,129 19,263 19,717 Special Assessment Revenue $10040 850 . ( B ) 1:118,568. (B) 1,351,896. (c) 1,431,754. 1,432,860. 1,452,906. 1,492,062. 1,502,514. 1,537,926. Notes: (A) Historical and projected. (B) $5.50/resid. customer/month. (C) All figures 1980 and after based on $6.50/resid. customer/month. Rate changed 1/l/81. (D) All figures for 1982 and after projected. *Original table appears in October 1980 Report REV I S E D TABLE D-2* -Real Property Value.. and Tax Revenue Ad Valorem ,vIiProperty Historical and Projected Monroe County Municipal Service District Monroe County, Florida Fiscal Y ar Ad Valorem Actual Projected Revenue Propert-v Tax Roll Revenue 1. 2 (E ) Mi1181 (Millage ) C 2.0 r+'slls ' ) 1978 $ 612;904,020.(A) $1,225,808.(2.000) 1979 836,722,255•(A) 1,360,510.(1.626) 1980 879.711,727.(A) 548,940.(0.624) - 1981 1.,144,73?,926•(A) 1,627,810.(1.422) 1982 1983 1,171,061,783.(B) - $1,897,120. 1►197,410.,673.(3) $2,342,124. 1994 - 1,939,805. 1,213,216,494.(B) - 1,965,410. 2,394,821. 2,426,433. 1985 1936 1,233,234,566.(B) - 1.997,840. 1,250,006,557•(B) 2,466,469. - 20025,011. 2,500.013. Notes: (A) Historical. (B) Projected, using constant value per person ratio applied to population projection, a conservative technique. + (C) Proposed future millage of 1.62 mills. (D) Former millage cap, removed by official action of County Commission. (E) Fiscal Year ending September 30 of year noted. *Original table appears in October 1980 Report APPENDIX B — iBALa, CE SHEET ( LN AUDITED)1tiI0YRUE 4'OUtiTYtiUYICIPAL SERVICE DISTRICT If UNfCIPAL SERVICE TAX DISTRICT j BALANCE SHEET I SEPTEtiIBER.30, 1980 ASSETS iCurrent Assets Cash Investments Special Assessments Receivable Less: Estimated L'ncollectible Special Assessments 165'128 Due From Other Funds (165,128) Due From Other Governments Total Current Assets iFixed Assets Land Less: Allowance for Depletion 1 Buildings $1 r1,100 � i Less: Allowance for Depreciation (77,31-1) 8, 445 y3' ebb Improvements Other Than Buildings j Less: Allowance 2,,956) 489 � for Depreciation j Equipment 57, 059 ( 20,477) Less: Allowance for Depreciation � ss3,u�6 36 08� I Construction in Pro Progress ( 274, 226) ---- 388,830 I Total Fixed Assets 1,357,328 Total Assets I i LIABILITIES Current Liabilities Vouchers Payal?le Contracts Payable . Contract Retainages Payable Accrued Wages Payable 116, 7 88,61 Accrued Deductions & Matching 118,736 Due to Other Funds 2,330 Other Current Liabilities 724 Contributions From Other Funds 279 10 Retained Earnings Total Liabilities, Contributions and Retained Earnings �.. B-1 b 782,841 500,000 —0- 207 86 $1,292,334 -31,882,01- 327,498 27,460 2,819,391 — 33,1— 74-- 349 i APPENDIX C - AUTHORIZING RESOLUTION I I C-I hrJ{F. -6 '!:i4 :''•- ^I!J!JS OF IM7 1:XCE--JIS;, S_.rXi - T..1•J.' i:Y:. --:'+=:, r )1<.:ADE U;:'7:"-1 FIr,A'• - -- ' �J rC' '; 01: R!:: G"4:-FL'C:7a: OF L9' ?nz B£-RCVD..^- - - _ ^LID b'A;R. CEP: r.I'::- c':. C"!,I?�'-ID'I iYSY!ls:..^,; hl:t ,,__.0 l,!. E:,T DATE. EtT7 F=-':':-': " BA?:: OF C;C:;:I'! CO3:.::S1J!.TiiS OF Lm.?,E COCm, FLO-aIDA, th Fcr•,ra'. bat? :. .tn-lvrr.,r Goon1•:r:rSxl Se rsdce DSe:rjet: ' S::T-'g :` -,P. 7Lis r I.—.• la 1s adopted -- rs. ;it-r'•;; Ctzer Z. 1_ Isle. I, I1 and :11, of the Woroe Wade: e..^_ c:h•.: lCaL:E prat,! _w:r of law. ' :3 7::- :J!L:. Uri[-s ;rr. c::•xr, othe:r.l ne revul:-er, the tart_: :.•:t L. twit . _::c r-r al: ;cro£P: r :his 1-trurmn: Iry I.- -.-ar loft. her r, r.rrifird-c•1..rd; 1-:r- - ` £int-Aar n:=ter ,hall L<1u3P tx plure: r� •L:•er L. e4'_:, raL< and -._-: L!:sr. e-. WcrdF iacrt!r.E pera chat; Delude f!rac a.^d mrpn- r5t ie::. A. "Ac.' .nil ma.n, cIllectivel;:, Ch. 125. Fla. Stet. (;M; Chapter E, Ar- :1C;e• and M of thr I!o r County Code: did other applicable prot-feimr of law. eAdd!:Sora1 prr!t; Otliretimc^ rhal] swan Addl.fool obl!Eetio:,s issued L. c -•_lane, alth ihi t it Sonr. end 2irl;atloos cen"Iti.d he-L. end Which c era e : - th,. -- • Funds sac r,L-[t eq-11 • Ln e:1 reo;._ett With _. _- I, ny � i dr. of < P_ _..:. - - - ___ for :h, - ••ions: Of ej.t - -•:!rc� _ ,<deeoecru OP du,. c- -., _ _ _ •'� ('-ee:h-~ _ Cer r le 1'.sub_ _ - RrrrP- e_.••,�•if egf7r. pr1 c!pal ... .. 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Pe fatrlr_ e the,r_f ah,:'- hC `L th­I, o rO_. dU,�P: 1 the ':.'r: fse£Sr- Prr!,nne:ur.: of :he',s:ram=e... .._ - „- Y . -•"Lie: o d re, on the 5: d-. 'Sir_ le .. elf-:t:u-• i,i We M — 'su s ri?ad.• -. sae• e_ ^'firer ,_ a rnP :'.L-< - .fga.,eer on. a_�' BTndr -`h_21- c ears c be h Cffi^er--rcr- - . do:±'rk•r,: a au- ,.a:o- ef•_']Peo_. therf shenet4r tr:ass bere _c rufficfer.t fc. _ _ -our;. the r -._ae if , m_ u:. -•C _ _ f - e t:l suet. settee- Ar;- Boncn - s'_[ and a Cie jj betif of the IGrr.: ?;:£u�t rer Gcn - or ! . th- :LL;i tL.- of the c •::Son eat: v df .h.- m, e prep,,lee e.th the'; suer. PItho=h at -.he cts c p:ien of th__ y I.-.ecr: eu.L per-ne -7 -1 kav- held such c-.__e or my nn: Ie ref Men so euthcrlted. ^euuxn. ._eCJrd a th- 9cnds `all h eat❑eL:Sec icd a!_. the fscr'r_;e si�-a :urea of ant. r:Pt_- L:elrra-sent C - LhP F.trd- ire rP: itatSr.-cer- "Ses:e on the `• _. __ M ,toted a-!LL r f.T.L-Lie sir,-.. :he Ch.!rtx:: of i'r. icu-t. The I .-c .ad,-" AI4 s. far m,ct- -a.-s t. potrrro-er thfe�±r..::e r!fr:ature: o a- persons am M.,: hoy- rust eirffcer- Pc stet :i.. or. cr a ter I- date of to, lea i of 12tir Lnrtruxr.:. nr:w!:hrandl r; Lb.L: t:w;'-a.-_( va s:ei• efflcere a. the ah.i_ be a .L: tP _ SE' 0` I. hEM-1Ab::.M A:::' 1S-RA-';!K- the •,•• 1s-JPd her [ender sha': be have L:: ao` the gval!:Scs c-.d. !LC:dar•:.r of ner:ije le 1 r,r ntseu cer L.( leas Of ax S:a;e If Fin- !s. Fad _ . s e-1lrr h•:Cer. Sr"ncc";::rr •e : - !m': ;h< 11.nr e;;•:ate L^^.L-::•1,ere •-a ::I 1w contlur h'r:? d t L: h d'In.,. s rbcnds It— be a- MVP L _Stier. n - F ' •hcges'' a d L^-4d.r:c a.-net=:Setif S:-L^tau-_rate -der the _ews of the S.fi.r Or T_cr:3t-Or Fi ^r• BPn:T r•. M r - ;ereC. a :t: F tr.;dr-, a:. to :•-!.ee iloi a 4 ha 1r_n: _pL: tPrer:, :•th<E- ^ Jeri. r hurt. .het - 'r' tl< - r; suet rt::ec >_ - Deal c - - -A`' - _ _ : x1a:^F!'rCr-:L.� . tf:_--or__pt.,r!-rr1,s..L:Mt_ : fli.^' - _ikr rL�9.:_Ct..: •:-r- _ _ cr a_•_ - E 1. tran',_ --_TerEr t?Pn'` - rthe ofhc`dsthe ac2 teSa_•,_r eoolraf:C afier tirw1w -r!riP-d eSr rrrn=Pe Cba i!:fe:E1rE;a .. ncr>'!e : v`c' th' ­­­.r let, sh" t•x::ln_e tc per: I: de=_ __ _ - OF . _ fond �:rr. '.' d: !v r r _ _ _ - :Pohl,:• - ;-- - i 1 W, kr! _ ::-rzcccc [ sf�!,{Purr,;-. :r:^r.!�rrce.^r o.' !-, ^7, OX, R > of,tA± _ v de :e-:n inf. :rv.t suer, I -ye H°rt, Dirt ear . thfart, W. U,C !tree Sc ':O 7m:t r necrnoen., U glut rr ,�-^•. r,. C°'•'"t s!,, s sryT mSeer Or Bonds or other In f:nCl ivcrd shy:I, by rrstlutrIn du:Y,e tie 1-:rw operation terented pertfee. - nfe°r arch Nt:rer, end au:hOr:tc• suet Bala. lee se Ee no 'nrr.o:,d corcw :1. u,a O.r NO darter ;^ tear didpa.7tlrm, or tie. rill m: Ere:,:, rn-NC°FACILITIC. EzceF:•as msY be proridr• .. • •" �tr e,:u.-: to Dr recef re: froe ue prsDer:Y si:aa ><• 4-. sum!. sale. ]ease ec ether ezpansltr, of n.:. franc uee, consent W, or ellor tM Eten11 ` Sn the A[:, it- Issuer orL•t, hlse or Pereft W a^y 3ernon,:exfPtre1. ztermlm or ru'teTtellty rhatseever, G!. f1zeE ecee:s crrarer; of SIO^.� r' DLL- rut :. .t''c[':lot, Y °`-•:tier. ezecac .for the fwnlsry, Fec I! ties W or within the Do L of eerr'•1ePs or rEency cr ].e of the , afr!er. chi 7 ^•- ec[Ord!:¢ t:•.'t?.,f m:t 'hr ua o. : r,aelr rFa aSz:iler to-• unCarSes of the lsnuer. 'those of the ,q, a.-utua- udl: G f!nCL^.;.ne^rr!;y rr•.. L•tL e. y-• of 'h. SI1 :f ec • Hu_: F• Ifs:l13CE OF 07}1Fr; UBLIJA: :y �'�~_r °Oils_ 'DIM :.lot -r nC ]o:rfr nP: Penh-. usrrt.•o ri . :t.recr, and LrE-.f:nrrrs s:si: thc Mc::.:t.=rest ^ r•..!:a`_:e '' Lhe ^Fec!•!;1•l bv:ions. eZeC;.t under the ICK`. 71m Issuer Yll n>; 16rur Funds _ em -ons and 1r: Lhe t�rutrr eel': other oDl1- :!' the r:e2C a _ SH L•t z7ill SY Pagelcri er., duls hat C.u[1: p-;cr:;: tie C:sr aPieedted r'ol U•n:nrilY rree4� or cau•,C W Dr ere e.'• d herein, 1Crntle froe the s 1 - "' enru=trance ad., m, e; sad of,• ant oft '•^+•>er and ..r Ca•,s•1tL^.C. E oncur L•: U:r end the Bo..0 •tE!necrt, fi d r. of or�il; ere hers v debt, lace.. PledGP, 11e:. a-• the iimda and the, --led he ' terec. U,ereon. TrS,mrl e-,a or heir - m , such rfric u:hoe±Le a c:. r. ProPe,tY. aa_'e. i LP Ftrf tY r1 tL the by Ur Is ', !.•: eddI- :c the deed Fungi � or c:lrer C!a- ' Efltio:i^. prorlCrd for in auDeec:ion 0 t.:l�neL t,erefn euthorized Otl.rr ebllEe:l o•tE °r er. ezpresL Farley a' sole o: o:?y.; Etc ihr mlue pnrf:for. c.^ U:e Property' the sta resent Sher JW'able f such fE4tions are d yunior c L•m Ftorda, 1>p such ohl ram'-'•'r ._edEM Furrls. hall mteL rein t fi and essru [f the Ffl:!]!L'cH a Or a stir !;: cmeLs of lOt e^ aLLC:: ertd opP: s:L-,r ccO-C:nr utinrir „-.!or I'd su5crd•^. to !r, eI! re I'leCEM }laid,. ac •-u _!rn on e1C 6euree end sPP[ts ie rPP:rt cht^i De :he mast re:,-; lo- tier er--the Gottyul:•:U• L.,ess Lhe r!f!rer ce cwltY rtr pc,-s:: -toe Bnrt F_yL-.ecrr s.ic•. i cage erred em, and :S,r}. `' eke L--. r,_tinE Lr .,+dL-t Eheretr�ie Fec!1!- ue further lrnE F Do:•r / C. iS;y1X1E OF )MIT -AL PARITY ;Yetle ssu[i for :r r. _�. t:tPt :hr - re- c a the er ...-Led red Rseesc-..e;:te a 7,P lerf ei by iCP: 0911GATIeL. AGd::l onal on a pnri t}' fro¢ the Pled Parity OD11 Sssuac after the F.^C Fu°ds ri tfi 'the Ro;,ds. :.-I=BCq,lLr.^:Dr lvnT; thf Fe: L]::1 Cs du: ! ^ dicpesi:f 5 FSaca] True hC-e:� eu.ho-1 eed. be B1 tI- Cf. add!L10LH6 4ztanalonren$LLd6, herein eLLLiw:1 LPG. fe: r: ° !ZmeGle rely^yrf ... riulrrd p• t ti• 7'r=T'::r aUce a •E s•sttfl::: to SuDwe:io:. - t'Ip Coast .roses, SL ructlm endr,equi- °tCupon the conditions the Factor ter ProveaOne, 1 o^JtL7e .ass U , th•. at>ruct re- .. --duly ndopte+ aF^rnttve end concur a f+c:i c:. e.•:d tte guard uo or for rr11md1r:E pn.- and J: the ce:ufer hereL. Drotlded: shel] by .. t:'tElnae: s,'nnd•s.Rali is f•r e h o.^ tn•, offl c.r anC the Doneul tLy-, su:h: rr ze such r :e o. eL er C!LPesitlm - c L•,decendc-tt eer�•t1tiedll iw re Decn obtalneG anE . files rfv. o- the pr-Pcr:Y, A,1vth1;;L 3r.:h!a wb6rrtlo:. i? ec .he ens,: - ! public eecotm rant tna 7nsoer a .. S) stat!'g the` the books and of sul table czperlence enC Cert!rIcate:of •• P' of 'r 1eG�ed Funds he Issuer re Sbillty: '- " eHirl ct tht• Bnnrd rn au::.O iL remi ar notr:Lns:endinL, nm 1rE of ofin, -'m p:eper '' c>"''!uL'r eve a _ r•eiit . .have bre.�reeudl tedfM the tau of him for the h,, to the o ecsi and re_ sale of the el ether d1t,-critler a pm-: of Lbr Fe:f• t render Q _ c„ of er,; -. eta:L•:r s: t ifs e:� .y to: •Fie proposed ohl tEatSms; ;ea; 1>mediate: dLN_ Fw,dn rece!re0 by il� Issuer (11) ae:tinE fort; ins ihr ci :be Issuer e Arses_�;,:r rr]: tint lv c` U:e,:asu.r . CS:Posfdo.. ^:i=:telltad 7•j'' emmt oflHepe Pith respect to rhich Buct certlrlcate r the'sudite1 P_ referee! k (1) e:C co:lert y eeyr:ss:Y a.fec•✓4 !: ree::r.0 I of eu>7, sale •r: above 7wstant Lo (rf) aMve, equal et least i.,2J stetlal teat Ute het Pa Cred -, eIl FtOodd, or - t±a•s in flints end s'_l Addf:f �ez1a>u= Fto•,G SeYce .. ACGltfoas7 O1 a: Ear"y Obne_!>ns, nequl-scsnt F:bceedr d st.al] b p Bret 1: ° rs•e[ Pete f_; -:e er -1'?' c` Par!:Y Oblf Sf erv, then fetie- .1,1" rl th ree,•met to oast •tdin:'-and m ttx :h. Frnew] >.:^- s:a::!'nc x-,Gr n::e iT:-aces:• .._ ... _!:�,;L!:!>-. tr ppper: - :: re-:.�.. a vch eer.if: Ca:r :s Pete. (l: I! decf ratie, :;rr: a: _::er�:te_c*•LM+rt 'e rc:irrx:: t:'•o:r ds.__._ -.' the c.^^+re: ., che:ja O. the isr.••: _. the B>erdru:oL t!,r the Fe: Fl edzed Statr f ` ="^ Jm 1tL eUCr vim- of such ro. ° 'srai eB,v M _ _ s n^_.1 tis•.Pd fines'er W ihrnfl onle�. Ur? f•.rs] veer end :h� period r9:ec I. INSfR4N_i. - 7sLu•r the or o;ltcr a of the propo eblf thf end rharpe; of Lhe AHseas�ntz �n"re.: r c.. sl_ D:!,.:L-'tL= eti sir..•• ;c.:. [r _-_ ca :-r e;? r:nert>rs !av:.-ar.0 e_-e Prier: +r Ue •=Pit - , `nse In the durinr such fiscal re.. en a1 = 'anEes Pere ttr,Cetfe�t the a _a d in. Pr':c3 f,- the yGd"cUa+=. `C •:•: :�••o:Ch •,-[ cr r:rnar.., tr.`•7a-."b arm for c tfreftis�alo• Pt•=n,twE oTL•� :!cis, es .r ntteL year, Pert, ::'.err!sr rc^- - c�::-; sCeeuau - car _>C i^^. ...: ! ---. ce et a.: _• -_! -_ _:_.:r • - hr.apera:!m of °•tc L_Ly< ' . (r) Ficl, reoolution "r:'1 r:_Iw ^- _ e. - ..-`_..-r ea�w.Ls :vnalyT li,:•!or t:hefllEcur-icy-tin Pr,^•Sett :: = r-1 ?a. eY>�: Lhe lam, reUu Sher aL' of :1w nu:teo-!xlre the Sseumce o! eCdf:Sing: tic:mi Par!• . °over+e.^.ts 1ter.Sn �'':.-Ee:i_. o^ Lh• _ pU:- o^ tnf la__. ::L :1 '^ ru>rf dL. A:i' such I-, .' GCLrrdG^._r rt:j: OD, conk±MC row 'ror!tr .) _iEs :l inn. be epPlleaUle to each Addf- LT�II Gfl-•'n i °r Aa m>cr re:''yfd rrieE !cr the Len^_.'St > p; ;;'}L l:eti!_•: r• fc: lossae (1) The Issuer . . are- fli or rch Sbe t5e 3.zi!•air.:!- u:d •_ 3, -^. herrD;: pi r'Eed b3• :nr �.:: rsr ru::: -s'ver stu.a not be !n default Jr.swenrr otligstime esattmhd herefBtder, .rtd Perfo:rdnL Pf•-,r•.,:c e:f a Hetrf:S ror - sue: prxePdf a+ r sY C, use' tr rt:rC; :hf :Csr Lpnc:l all t?tC ro the ecc.= and funds, Bs pk�ntr herein. re•ed "•�•=:LH and aV or -re:_•'_eed Proride2 hereintder, hese lrae.•t cr dfl>nEa for t Property dr::;-;.rrcear !:. tY ref•e!:'nr -.._ F ar • `cmert. s1:a'_3 here n. , 1nW DPen adr to •aria. [..,n ar ^ ea.le, eft'- or replt.- the 14:.; r i'1 ;'7;g. ;- Cc •_. and eO:iact •the F1eE- C...,IL'i 7�N: , -, ! ,. :rtd::; =sue- r!:i ' ^. HANAGr_c. Or Fe CIL7TIPs. 'he Ier a ¢aneger of devons:reteC .ter• In opere:!nE tnc ,•• b117tr, r- _!rer:_p recei rc�enfO:ce c:l:r_rne:t '� ,zkr a_istapE, frtSr:tf nano e:t! noilr: tie: O.^ i;c •-rrC=r'•!'r' 2er-•L•es r� -spl. x Rra..6ce; r . :5e be Led c: su•� Ortx er rsC beco.+ - °r apart :Wert `d DY �nr; _ r::- �_=uen: t::ye S• Ug OF PAC:LI: Zr.r. The Issuer ree'1rr Pe:aLnc A:: Pie curt L''":ate. eccye;,P rrcO:3r rj t. r _ or hereL p'<ride, u, 'fN_OLy ehaIj ar eci:ected. be Held Jr.irus: s ih:rt the rul: :• s W U:111xe ud. scrvlces��s of the Issuer si,_ ran eZ'•"= Petted b]• lay, °t'e the tc be -- app11PG ot:e,- SmeCSst.elr nrrs!ces of the FecLf- ufnn erflilaD111ty weer~ e::G me Nods .Sails: c. :>�-rN::•T-f- Lrc•E:4Il•t-_l. shalt 4 :f the Oz:ter to :nee n.:,: W ceeef :he oar ,.r all ex�7cc- furolcheG by :ae Fe OPl�quer,; ! cf a^.: Board Ca:: reeOP•d t:••r,- y' er r--•: Aeeca•' fc: un: c� ^ce: er lent eesessed '• a isr`°` SiVT'.'iN 16. c.11:3eL. lrlmte scie •F. OF 8.'If. -be Bonds eLa]] at such o.^flce of i:r Clerl: ° °• Rt day.. then the Dfl!E lsseati+-+n: •^ o- , Ute T�'• "e or 'Ia• 'of Ar.eessxL: �2,: a•e Dn issu°G end Price or price6 can6lstent B •Ci,i et Pn Llfe or ,'nrlramenis .°f that rl tit the 1'. L ter sue': tc= suLi wsa:E Aseeasr..•r:. Lhe B rr_: •Pelt r:LV-n _ A6sesr.:=: oE-G!¢heEec:era• rf®ent as the Issuer shflil itereafsroipid�crs of the Act end the e:mSrte tc to !: crrh sl: Lnd, :h. e:.:irf tr.:�'d Dr�•tCe of r. ur oau ✓.+ Dr fc:eclotrd L•: �c! tn- resaivtion. �L�IOK 1T. o lODIFICATIOK C4 f this Instrument :treht': o.^� sf_:r cs+fne: my °- - OL: Ln;uen: ^•-.prtZ. gr.^eP or,•real esLat t.: or ,:b,_!,. ?.'Ler prrvide'_ D-IG; for the •r-C , or of • • N> ceter±e2 coGit7 eatlm or a.t.:t.Ssx3t: arli'' ordinance or resalu:f on azends `c. °r'r ix cede rSthout th= tcr:� 1r<•reor i^xsctiY f11aC flnE e.• Pmy,d,d by tar. osure Prosecvie E, then e.•t: B:»t±ho'_dr If eu:?: foreclosure oe ecifot in Lye or suppleaPnsal eEEre�.a :r pr!.nc!pel erowt o.^ Lhe nHen: Sn *:Stint of tM ltolde:r sd!^fefl:lm Bonae i�a arnP not or ire ]sruer farc.^rye _: T'rosecuw eve'. lOreclosure Paid bo:td� and intez ^=udP- then 00:6L4lOfn `m-` or core St. or neendanL . L• F•'9s'ided, I,o•ever, that ro '4t` -n the L!on 1m Lhe rate or intere6:fsthePeritreoor cr al: Osts Aryenv • t' e7d d!s.-:bu:�d as All t¢,.•trY reh:•Led Lh^ret;: sDa!1 taridL-r or ts,- shore be d^^,.os!:e.. rnttr_tp c.' sus: znd•• ore :•r±uc_ iO the ertrt the tstemd�:!n^., er.: of the t] Drorl et-n pros-1d^�, 7hP 1n the erc:ucc, •;. 1h.-rirh to a r-ssvc- ,her cow -rants, et 1te r Bcndhol der requerunF each n:rtunl •yr Fit as . °f the Issuer to �•'°-- etl3Eatioc, o •BpP ham] coat due froe ��r1�" of end SZ'I•Pree; t]e Inlders itrb Uu `s.__, [il tee _ audit c a' a '-!st 'c.' tl' deli-.••ue:; = afVe' '-•,'r due date o •^ the Revenue Ln'_nnstr. o_ the Pied' m ^ iimd Eed FuY-, °r r'r'duec the percenwe Deno-, e the ° required to emeent '�ut•the Fu.;d - -}' a err S19M +�:_!c LcreLSer rtth rut annual^ to o ceasen. in rr!tin of the 1 m,:erSel mod3ficatSm or ^+•• E raider 1 r Bsle for FO:.FCLC5FS 0! 1SSLr3^:- LTn" --.=': _ or tnlders all such i Q: 18. Bond... :Ire nonpBSze:.: o^ wr "•`. -t flri: PrePP.^-S s`.�; De ortereG for ^ eJ rc .,areexn:, and n- ,e see c- aqutl :O DEfilSAN(,'E. lf. et a.1 tL-e. :M -h Prorlsi o;: for r t1en' msdr P0.'mant Issuer chrII hove !r , bI P pe-;Ons cDs1I pu_^ciaae the rnrtr ). the proper:; s'tei! the- snow: due on the As.eass:es: (::i Pita:, slaw: of, _, td,' a ati:• ri tt. res:wr;. to the :hC �1,1-r:pal. SrftereL: nn2 Pee_ tf on Mnd6, the:., and Se that ^� F2ed@ec Fls:cr insenet a:u W the Dtietre due o:. the RssEssLrn:-f �,E tsar O! Lnr Ir.L•_ _ r- for an Lhe Iss -: s.:hl/ rece:t•f p:L !n to tOr Or tbf ere>t, the PS°mjtt�' f Poser r thc� iclde .s of the Bonds ebLll he x 1pi-I- of ..d lien on the . PrecrdinE rertence, _ f1t 0- -•^. itt co:pers:e n.r.•. ! -p`-• 1:^Pees: and coLtH ), enE Lire fuiders of t!r :�;td;. Ilm : t,c 'z tt,e p:orcr:y 'the deposit of sufficient cns5 mG/cr�r r•fect, For put- m FMeral _Cwttles or Rant certificates Interest "; in, fe t,'!mare Isnucr sht fcr bear_ aril. s -_:.:^ape-tp, and d. here :he pO..,^ enC _ lee- Lhs ResY_ve 'p r!t of the art of de c CS Fetlera: Securities posit fttl: sK.. et t >:r. or t[ princlpei wd syy De eu:h>rited by (or deposit of an, Other Ftid. P: xrr_c of or NOt Iecrr;iita :,- ds e1' su:.*, le°se or sale L-,W e: hrreL. sae . aGr froe tier to :Star u:lties : InreHLsrntn trsuch . a defeasa:trc) Sn SrrevxaL1e eS^ficien: Far•!tled, :h: Issuer cha:l•ceuceTi : :: Lhr -•: L^f- tf �:: .^orK:oru desSE:.s:e2 are„ is fade. trust ,e= .. W effect such HOle bane.^St of the 8dn a ban_I., InstltutSm -1' be =ld^_os, Or the Mlders c.^ the hsnr.,ttl-;ro^fce therecf a be en:le2 Wry Proposed Wile Of any let c lenr ttrot 3,; d,:r 'tract o.-sue reuse on to make tlmel ' t °gta•p•, for .he preml u>t<. ST aty, Y IDFmer: e.' the. for outst°nG1nf Snt.eres: -: F: rr r. • ore Seat ac mui •eE '•,. 7^:_r W the sttal: tten ncti cr :heree^ - - .. rorecl o1rT Ty to. assuer, It regU1reC sUc.^. reP:ese.•t•.etires. B>nds, s5e11 b„Priteipal, eM _ psrmsnt.' NOLDL•ti nary,. hall bc. deeof•d to requln the Ie cl-lde�- ou:rsnd!rtC BmdL for Pete W _ss:ter aFrePs Lnet SL P-toe ceaswet puarSdeC •r lee 1'cr DY St ar t:vstee for >- I-,�r•1°r to tart ltv m!1 s4Y of ifx --'l�t10 n luaytsf ovr, Pwctar:t W r to the ss:e of therefor JOcdM tars r:LhL Property eec;ired �� E e-t%r the• by the t0derr• pf 6::y aPP7.'ceDle opttortae W rzceise ar P Sapfl.r the di�ret!on or the Issue" date J' such o tic:, for - of rite oLLslfnPd recC3p: ne :he request nOt less^ '.^.crt"d!nF fvnos. -%% or Lhe earl Y rode tfon. �K •dte•.t r •• ef'fraiz :e prSn[!py �ml t! is 'ARSITAAGE.. N> H. Fir?.`: ,. x.,' 1f^.'_der of - d, or e. v esued wider the u r) FleduFe FfLtds fr5f ch, Sf reesmaD y s rill De cede of the proceeds of the ' °ctCs or f•x:d ca i ezpec red on :he dec.e fesuancP Ltte °.me W M "erDltreEe pat=s'an Went.^, cr e.,• t. a °O•''cns rtet., ohmvLo, r•�4- either s: lee or Sn -ttr:ee ot!rC or the Mi..rrs Dr, it Code or 19.,< n f the fonds. binds^ rri thL•t Lhe me 8°inF N rite Inir, nol e_-e outstanGlnE6rinli,ecd Tt1P Is et .' eur1 Bends. 3 eet!o... ®nde=;:s I. otM: court or ca-y+rser.: ,furta'f ^tic.:, ••; the Ft '•"' all tines Revenue LP1Y with the requireeeme oettDr 13ty+s e:t•+ !rttereHt tluerem E cue lode of 195[, r1ri; - rt a C ,^..�ceedL-y-r s;�y entcr•.r e.^y e:.G al' t5e eppoL-:an; er a mrclrer, - r-f-'•:s, !-=and-'rtg _,di, Z; gated tnerPf¢tde••, 65 °ceded. and e.•� rand end Vic) of LLe L•ttern - PP11caDle C� ezir.; tctdar .he I— or it. Stare of Eral::4d 'it'-•.'•vd here L--., and V el] duties requl-ed Sn •Or m4' c..^Dine rulC. an d reEu:s:fons Pr'o=u1- Ie hen by a,d ca- _ the IHHuv o: try en officer :herecf. Drys, epP:SeaDlr sty :vtar W DP Pr-ear+d N••y �e ._ "Z76 jti: 20. CALIDAT7Q: ALFTHOR2'£^. The eutbo::zed eLt>rneY for the .Issuer is Dernpt• and CS Peered to L•t6tituu e 1tn-•oe OoUnlY, Florid., h. C?UM_7NG itiGIh-S. The 2.euer r!ll faosultlnp L•tecr ^n •,F for the -lid of eueF..:-sings I. � Circuit Cou^t fOr -Y^.k or enEL nrerinj; f'r• ;• !n, n retain at Sndexnd nt z'. an•tce ..^c t5r tleslr. censtructlon e::d oc for re yoraT'-fac!1! cSxr cad S.rC'ION Zl. REPEAL OF.2HfXN5 ISIII Ih^TRLTm,� ice's thrrer! Ir. c grid _'ce rf,.. _IL -I s.^ester as the !a +-r6 tSa: o rc :•�:r tart atria c!i!:Ses. per Lhe P err!::: A'_3 conflict bererfth are hereby :e oMi _,a and resolu:l ins Peal G to the ,-•i..•.";: c• r.:;:.•;%ershe 1sHuc: a>a�- c;:- •. a^rer.Snf aK eco.•uc!cal Fec a::}es e l •- coneect!ra e^.d a^" even: a.. such cmfllet. &'-1 f 22, r P-t o'•t•ret1e:. c repo Cerra_::s^If 'ih the ' - t5e ' upon Its edoptior..��7T'. 7ttis shall Insinment becora• feE. I'he Issue e:6 etc rera.ale enC rrth relation horevcr, CffKL1re 1 m:udir.:eIp a^' Cd1 :10 a; tr 6lecf l'!c enElrtPeri• em,•rr:1oL r1LD the Sy,is=. nC a-.d Ope-a:l:n� p:ah:ens Pierre 1n sin, in Isaver [.1f.::, a, lee:t even' 2 Yeats, CBLLef tr tin -net L,E �rrrre a. n sv opt-; su_•�Yp ri th rerc :: ,'trope-e. the C. ties, she. 6-t!]cf nap f the Aaseesser.se ter 'o the r£nn7ecen: of the Fae!'S- ma`_rtu::ame o^ the ,^rot.E O s Price- c Lhe Fsc±li:lee end re:•':r>rnds:Sc:f `'' Fac!_Itfrs • IrroVar ' _ fe!ltt : r • e e-^ Su _.^. a n •r- rc c.p. ^e _ ;c `erfcr..rr- •' cnki.0 a .f. __ y'-rey's5a:] n ...z:p a: tit . or sun-�. ;.-tterM:..r _-nor t .:!f me.-,t. Of Sr' ! .y,..r •' w'•`'�- _: �: En.-i-cri P In swrep errs:_ ! - ..._ .. •:: ^3 r± Pu'-: :,ercc•_.;aLLc, •-�?- r26FLSLe- rfi?r . ;: .:. O. r. ... if'm•larW.r anC ChRi:,l,r fCl,L•C^ lest rri `r Or to the Snmp t:m of . , - and attached coupons, if arL , or in lieu oS and otstitution for the Bond and e:tncbed This bond and the coupons appertaininf tblretc are and have aL' the qunlltle.� • - coupons, if ate, destroyed, stolen or lost, and upon the folder furnis4inr -be Iseir and incidents of a negotiable lmstroteent under the laws of. the State of Florida. pxmf or Lit omershl4p tferesf and na:isfacton, Snaei Sty and soap:yiIT r!•, coal, , _ • . Other rensomiDle -golatdonr -1 s� ditic- as the Issuer my p-ii-Ibe and Paying This, bond eSy be regiaured or to prinoip-1 -arl;' or n6 to both principal and " ouch !zte-3aer ab t- Incur ta- Incur. All Bonds and ...poor - 61L Rudered &hall be �irligre6t in accordance will: the pNCielall6 endorsed hlre0:•.. • ec-rcPi:� '^ :nc Clerlo: tL• hoard. If an of the Bonds or touporc anal. have as- ' • ttaad or :.a adout to nature, t: st lsd of.1scuin6 a substitute Bond or coupon; the Issuer IN jrMMS. iG: -Bor, lbnroe County Wmici,a'_ Service District beg issued t%,. - - .my pay the, sane, upon beSzp, dnde&•rified as aforesaid, " if such Bold or coupon be -bond and has caused :he same to be signed by the Chaise:, of the hoard of County Oct,- _ ' Joe-,. stolen or destroyed, wltrxsr. ecrZvnder thereof. tessio-rs of ]bnroe Ginty, Florida, and attested and a tersigaed tr. the Clerk of such - heir foecirdlP alga:rouse, and the corp.a seal of the Reseal. eltbe-- mn-Ily or with t-' • fay such duplicatv'Ba-.ids and eooxae issued pursuant to this motion�shAll.•. District ore Secslmlle tnernf :a b affixed, Smpre..ad: ioprinrd,-11thorreph - , - aetltute ar1m 531, sdGS:i O:u:,� contractue. otligatiaw - the pare of the Issuer n r•duced bean, and tee Interest coupons here-c nt-:I d to be with the fee- pre wbelher or rot the log., stolen o> destroyed bcnd's or coy; m be a: sr�r tin found tq .simile sigua:ures of such offlrers, all as of the first day of , 1980. egrsc, pad such duplicate Band. and -.pan. a1e:1 be entltled - e,que'_ and proper- -_- tionote benefits and rights ae to "lien on end aotvca and security for pratme'. free the Mr.3E' COUNTY MUNICIPAL-SStVICE - - • - rondo, as bcreinsfter pledged• to the same ertent ea.ell other Bonds wad coupons !¢sued- - DISTR:C7 - - hereunder. SE:TION 11. PiMSIONS FOR RFDl7MION. The Te_^= Roads ch.!! be mdemcb:e .. by Opara:ix. of tie Bond Am -.I.tin Fund stop a: the option of the Issuer, ell Bonds my be redeembie as provided b- subsequent recalutim of the Ieroer adopted prior to the de:leery of the Fronds. Notice of such redergticn a`sll be publiahed at least Once, min 33 day; Fa S.r to the redetfon date, Sn a financial bang. published in the Wr ugh of lha`n:ter, City and Sate of Rea Iork, shell be filed with the pay--q agents. and shall be =I!ad, postage pre,pald.'to all registered Owners of Bonds to be redeemed at heir addresses or they appear an the registretiOn bookd. Interest shall cease to •n accrue on any Bond day celled for prior redemption -:the redemptSae date,.0 payxent •thereof-.lss been dole )rrocided. , =noN 12. FOP➢! OF Boar AND CIUPons. The ,text cf the bonds, the Lot.-. - : vl:• r _ -�. E- raupone .and the cert!fl Bite or validation stall be in;substantilry the following farm- -with such omiosions, Ime tioria and vrietlons as my be -as. . and desirable and +-'euth:rl:ed a. pexaitted lq this Instruacet Or by wq aubeequ-nt ardlmpce ar resaluticc . adopted prior u the Ssarance thereof, "iR::ti S;::TS OF AI=' UU s:. QF Fl r-14. 17NP-'E GJNITI' t WNRCE CaO!.^.' lzariPAL SEF.I7CE LISTEIC • _ • ISSF rwan'.- BOGrS, SERIES 19K ERIN ALL 4VI '7 T._a`: PPLENTS, that Wvoe County Mnieipt. S•r-ice Idstrict. Scotus county, F..ids i:erel--ri- called "District")• for value ­!;ed. he ety Promises to pay to the hearer, a. 1< this bond be registered, to the registered holier .: as herein. ,provided, on the V_r t day of _• f. .r the special f uads bereinan- mentioned, the principal sux — . •. IDLIAFS - '.;-.and to pay solely fox such spatial_ funds, Interest theme from the date hereof at the rate of per eaatum ( :) per moue un.i2 payien: of the _ principal s, :. � c . temst to t_he m:wiiy �t DeinF payable ecSarnce_ly an the first day o s.d tic first dey of in each year upor, the -esen- utim and snir•e�er of ' • annexed coupons as�aavera_ly fall due. both pf ncipa: - and Interest an this bond are ,livable in lawful dcuy of•ths Un!ted Sates of Amer Sea at or, e: the option of the ono aer, a. _ :'hie Eond jp one of ---h-ired d.-a of bonds I. the ec. rCete WL,ipo'. tk- OCC DO--, of like date, tenor, and effect. except e[ to a®nt or no: exceeding _ -n�r,'interest rat- and date ce mturit5, issued tc firsnce the coat or the sequi- _tler. ar! coastroetj- nr eddd:in art-sinc e-.'. '_-:rr^ ca to the W_ war.re ddsosal fseilit!ec of the District, porsuan: to the authority of and in iLl coo- - pllance with. the Cone:itutim and Sta -ices of the State of Florida, Sreluding paY.Ie- ulr:r Chu 1 F_a. Stti. (10 ), Chapter 6; Articles 1. ^ and M.-af the lbat'oe Couc:y Cede, -ard osier a �'!mb'_e provisions of ls.. rid a resolutitr. dliy adopted by the ?card of County C.=1-ioaers of Moneys C.-tY, Florid., the goveoning.b d., of e he District, on the da: of 193S' (haminarter called "Resolutin"),' '-rind Is suD)ect to all- i-:Oros arc co'ions of sucb ReeOlutioO. This bond and ttv coupons appertaining thereto are Payable mlelo'froc ado secured by a prldr ller.::prn seal pledfe oe the epecial nesessonts levied rurally ' :ngaintt m.1denti 1. property within the District e;rcle'_1y Dmefiud by the .egaisi- _ Sion and .-s-r tim of the "Projr: and the nar:Is1•Sng of solid waste dispose. - .-.services by the District. Includin5 interest an sach special ascesseeptc: are payments ••'Yaceeired from franchisee solid waste collectors with respect to eocnr_raial I:aperLy wii. r the Dis:vi.. and ii= other non -ad valorec : cods received Dy the lHstria: w tb ' respect u the fumiabing of tht- solid waste di.pawl services to the residents of the , District, excluding any state an federal funds mcelved fma aim• to tine by the Dis- trict; end certain lmestrxat !-OM; all In the ®nnar provided in the. Resolution. (insert Rsdera1m Pn-islons ) Notice of such ma-7tSor shall be given in the ma,er required W the _ nr_ : bond does constitute an indebtedness of the District with3.- the :';-meaning ofz :: constitutional or statutory provision or li_Statin, and 1t IF a,- ,- Vmesly ac-read by the bolder of :his bond and the coupnF spp-r. ir.'_ thereto that such holder shell never have .hr right .0 an require or cannel the exercise of the ad _ ysiorem taxing power of the L3s:rict. for the peyoent one the principal of and Interest. ., or. this hand or for the a1'c of any sinking Slated, reserve or other payments m- quired In the Resolution. ' The District I-. the Resiptlon has covenanted and erred with the holders _ f the Bonds of this Ssau, :- fey and collect such epac . onsets, nts e; will alwtive pnorldc reve_•,uea in each year Furffklart to pay lr,, of the mIloun bond senriee re- - qu±remeru:, ee defined in tbt Resolution, on the bndr of"this Issue. and on all other _ "'obligations payable, on a parry therewith, plus 1001 of all reserve and other pyyeestr - required Sr: ^oeh Resolu Son, Snc)udlry; tie cost Of operation and mintonerree of the solid caste• disposal facilities to the extent.not paid five, ad -1crue tares levied -end collectetl L. the District, and the deposits for reneils and repleeamentr of steam fat_ities, sr:d that such spedlal asses�ents shall no. be reduced so - w h Snsuf- .ficient tc 7_vide adeque:e revenues for.suc: jrr; ee; provided, hewevrr, the, such _ Fpeclal asm-esoents scan: be levied against the benefited Property in propert!on to tie speaiel and positive banefits to be received free the seq.i1 tion and canctructi- . - of the P-.1act and the Stnrn!.h,-ug of -lid caste dlrpc.l services •s the residents of the District, and shall nests exceed ir. the egeretrate the a-oun: b5 wt.icY, suit. 'property is detem!ned tc be teamrited. The Dia,r!et he, entered Into certain !4rtir covensn:s 'Sth the holders of thza e bands of this issue for the teof which reference is made to the Resosolutian. ' :t IF hereby c2r:!f!ed and recited thfi, 91•1 acts, a-eitions. and thin Cs required tc ex.s:, to lapp'r_r. and to be performed prrcedrt to and I-. the Sssuancq of this bond, exist, have 1a7;aod and have been -, vrohsted. In -rU.r a:,d d- fore and. tine as"mquired by the laws and Constitution of the State -of Florida epplieeble thereto; that the issuance of tit Lmdr o. :his !scue-.does not delete a:C:.gd-tl:y- iler-al or sututcry 13mita tic^ or provision: and 'hi, -tM issuane• of the bonds of this issue has been approved •order the provisions cf'.C!,. Sa-9F, laws o. rt. ., ooar- Of County Coextiaoicner. of Wnrce, County, Florida, governing bodyqr lbmoe Coisr.7 ltud.ipl Service, District ' ATTESTED AND COUN-.MIGKM; KY, Board o Only ` •; - -si, - of Mxroe County, Foridn,''•' - governing body of Ibn_-o_ County: '• t•....... ilicrledpol'Serrlee District - ,FM OF -COUPON On the 1st day of 19 ,srleec th, band to wide.`, '!;Is coupon is -sttacb:d St sellable and shy`.` rem. r. dT alled for;p.rior radairtim end price suns &zl: a,3e for :he Feya^.:t thereof, lb— Count- MA idilal 5-vi s District will pay to the bearer a: or, et Cur. cp:ion of the -' b.,dr. :tw ape -lc: ^ s deFerSbed In the bond to wn.cr, :his coupon 1. -tacnec, the saou-.: shown h _.r. - J,rr ] coney of the United Sates of America. upar. presrntatlm and --ruder of this coupon. beinf 'Irte rt. than due On Sis I.Mvetc:t Bond, Series 1980, dated 19EO. Nc. 1DNP,OE DOMM IFJNiCIFA'_ SERI'ICE DLc:PSCT . Che ism.. m o rnn ,ty ia-a- or Ltau••oa Ca.-: y. Florida, g.--Inr ':r , .. .body of !brace County Maicipal Service - - ' .District - _ t A" ''. ANC COUNTERSIGRED: . C.e Borc or County Cogs- - sI-- of !bores County, Florida, governing bo{r of peace County - - . ' faw,igipal se,•yira mat.rf et _ . ,. . -VALIDATION CL'CIFICAIE - This bond is one of a series of bonds which were velidste' and ecnfir4d D7 . iu:dg-neat of the Circuit Court for Warne County, Florida, rendered on the, daY..Of . 1930. .. of lb— County, Florida, .,charring .. -seal or Waxoe.Comtyyurloftal Seryiee'^'"'; _ -District - - .' OS•ISION FOR FD1ISiiiATTON 'This bond may be registered or. to principal only in the aerre of the hold" an - =zT.ie books to be kept by the Clark of the Board ef'Cousty Coaissior m of Mxrce gouty', Florida, es ReEistrrtn, Or such other Paglstrnr as m be hereafter duly appointed, such -Yegls .atlon being ntrted bereon by such Registrar in the registration bient below, after - -whlch - transfer s>"t. be valid ,glees ®de by written esaSgsent on the books b5 the -registered holder or his attorney duly authorized and similarly toted in the registration ; !.:black below, but it saw• be dSscherped fide ragistratfor. by'being tm..r nred to bearer, a_her which It shell be transferelde by delivery. but it any he again reris•,erad or before. 'The registration or this bond as to principal -IS stall not restrain the negotiability of.. .. .:the ccupooa by delivery, but the coupons may be surrendered to the Registrar and the - iaterest mde payable only,tc the, rerlrtered bolder, IT. which event the Beglntrer Shall _ "note in the registration blank below that this bond Is registered as to Interest .as we'.i as principal, and thereafter the interest will be remitted 'oy mil to the registered - holder. TOis bond, when-, converted into a bond registered Be to both principal and `ntareat, my be r rvrted Into a coupon band and drain converted Into a bond m ittered .s to both - prSneipal and interest Ss bemirabove p, vlded. Upo:, recOnver6le•, of this bond, coupons •representing the Interest to accrue u,•.on this band to its date of mtmrlty stall be attached hereto by the Registrar, and the F.egistrer shall nnte in the registratin blank below whetter this bond Is registered as to principal c•J7 Or payable to bearer - WE OF .Di INS M FLUM MARK-- OF ..S70NA:URy_ Of PFLISiRATICE REGIS.2'°T-: P.E,'ISTPATIC6 RE(:p."P_Lc. SE. -ION 13. APP_ICA=T Or BMID PROCEEDS. Thr pr t-d- ixludinr ecerued interest 4 pvax -, if any. vecel-d from the sale cf ry or e11 of the Bonds sha 1 'x applied C;: the Issuer as follows: A. The scarred inumct and, at the option or the Issuer, intemat to accrue far up to one year after the date of ml!,ary cr .he Bonds, ahel'_-be deposited Sc for Sinking Find herein created, and shall be used only. for the purpose of paving interest bcomiug due on the ponds. B., The l­r shall deposit rote the Res.•rve At..-, in tips Sinking, Fund, an sooner: equal to the llexiat- Bnnd'Srrcice Requimornt. C. the Issue.=-dha.1 pert use the annoy W pay .11 costs ioe­d in come etioi. r!th' the issuance of the'•innds: - r n �' _ .. !' e t it xt .•,�' r a - ... .. • . . . . . .. .. , . >... _ . " •.. .. ..-.. , -. ...> .,.... ' L. There is ::achy created and established the Inoia,estor Constnlativn lased to finance the on of additions, .extensions end imprormcnts to the Fee311t1es, kid (Ferrisefter called '0.-rr:n:^t!m Fund"), Sm,t w:f c1. shall be geld tie Ds1s,cE which are Junior a A subordinate to the lien of the bolder. of the Boykin and.Mditlanal.:,; •x=`' "f' of t coney rest ite after makt run all the depor!Ls and payment. provided for I. Parit7 Obligations on the Pledged Funds. .. pnrig,mpi.: A. E and C abcva. ; •_ - i;�. . ' (T) T!.-ar ebal-' nart apply and deposit the mnry In the Revenue Fund dnW "R wz - s• - Ccrsc- ratdnn Fir:d:ahall;be kept separate and apart f o_ all other funds andAccD---s of the 1tv—, cud the coney an deposit therein shallbe vlthdrew-.., used a .peel.2 fund to be kw as the rnM 3 and Plepl-cement Futd,• which fund 1s hereby created and established. The Issuer shall deposit Into c=b Renee .l and -Be plac""'t Fund, Wit' =•.;;";�.' " and. ap;'_ied toy' ttK Issuer cruel- tc fire payment. o! Lhr cyst vt :he Prefact. _' fa; an acount equal to 6: ewe the pledged Fxads collected for the previous Fiscal Year, until ;-- re.,- edcP'p,+s.,yevds or.-T•y part. thereof are not necessary for or are :oi aDDLied there stall he or. deposit Sr. such Renewal and Pepleeesn:;Ford the sva, of 11DO,0D0 or each tc the pram: of such. corn-, then the unnpplied proceed_ shall be deposited by Lha !-per .-cater: reco---d.bz- the Consulting Earl ors and approved by the Issuer. :he Is zee into the Renewal and B^placcennt Fund, h—L-,c.^ter created and established. coney In the Renewa: and Replacement Fund shall be used only for the purposes of paving All =c.^, proceeds ahel' be and constitute trust funds for such pcpoeep, and there Is -he cost of extensions, erea.-groents or eddlti— to, - the replecesnt of depreciable '_ ' hereby' cm.ted a lien upon.. such coney until sc applied In favor of the holders of the capitel assets of, the Facilities and emergency repairs thereto, and to provide sn-ade- - Fmde. • quate reserve for de prec!saor, of alldepreciable. capital aureate except such assets befog acquired .,der l... e-p .M.e financing S:qh coney On deposit therein shall also be : Aty finds on deposit in the Construction Fund which, in the opinion of the used to implesnt the Reserve Account, If necessary, .n order to prevent a default in the - 1-suer, a rot icoedisteI7 necessary for expenditure, as hemisahove p—rided, = payzr_nt of the principal, 'Amortization Installsents and Interest on the Bdxde. The messy _ be fnves•,.e:: '_. t*.e.sa.•nar -.:,prised for the irivesiv::: of cos,ty feud=., but such on deposit in such Sind shall -be withdrew only upon theauthorisation of the .Board. ' imeru -tot sh411 mataee not 'later the-, the dates on wrtl-ct ouch -funds will be needed _ forvyext of Ltr. eoct 'of lac PreJecs. A1: Sscax dezSveL therefr .shall De de- (F) ',he Dalanee of nap• ®nor xereSalnC in the Revenue Fund sites the above ze- Posited I :M Revenue Fund. quired paynente have been cede on a cumulative basis, shall be used by the Iesuer for.tM - purchase or redez;-Lim of Bands, for the eeking of capitalIeprovenerts.to the Fecili- _ •, •= - F:EC.^327•iG. Sl r'"....Ll:. 0?LIGA7I0RS OF IS-'J-rR. Neither the Bonds soy coupons %lea or for any other iawill pu ]- hall be or constitute general obliMU.ne Or indebtecsass of'the issuer as "bonds` ' Y.thin the zesr>if. o.^'the Cocctit.ution of Florida, but shall be payable solely froc (q) 'f,',e Rav®ue-Find, the SSaking Fund, the5ona Amortizeticn'Flnd-:tDe.Re ; -eai .adored by.' lies pledge Be n provided• No up-r. and a ]ed of the fledged Ant. as he.-e1.. serve Account. the Operation and tiafnterance Fund, the 15j,ewsl crud Frpleceme:,t �flad nod +! holder or Solders of.e- Bads issued hereunder ter of eqy coupons appertaining theret. - , :any other special fads herein established and created siren ewatitute 'trust Tunds Tor �bell ever bave the right to coral tbo exerciae If the ad valorem taxing po,er of the the purposes provided hereLn for such funds. All_such funda shell be continuously' .' lsater' a.• taxation In w* fo-••m o, say real ar,pers 4 property therein to 'W —L • _secured in the same caner... county.deposite are.'required to be secured ly?da laws of - ' r r - ' 3sds or the ]ate -eat thereat.. the State.of Florida. A. T—Z OF P:..EDM F-calms.- 'Tbe payren; Of the principal of and i teres2 7M designation anG ectabl Lslrsr.•t of the vario-us funds In and by this resolution 5. • or. the 13..e.r sht 1 be aecureri forthrith, equal).y end retehly, by w, irrevm_able lien ^a'_1-mt be construed to require the. ezabliniaant of any completely independent, self- our 4he 7 aged F::n!.s. p- - d saperior to 11 cth.r liens cr enou_-trances on a ch bolencinC. funds hs stet.^. tents is com-,aly defined and used Sn gove-• .tai eceo,ntIng, but • - Fledged Fun_-_., end the issuer does bemDy irmio 't'y pledre sucb Pledged Fundr to 'ratir-r Is !n:endel aoyelr to constitute an ear-rarking of certain revenues end 'as.e:s of the PaYscnt of u,e princlpa: of and Interest on -be bond:., for the reserves therefor Lbe :esue.- for cer:ak.. pe-poses and to establish certain priorities for application of and for .1-1 ether rsquired pa"snts. .such revenues and ..sate as herein provided. - ,� 10N 15. CO;rval.-S OF 7W IS.TTE. For. as I.-- a. ant' If the principal F.b-'r sa depoc't ,L the Be— Fund, Zinklnv-, Fund (.wept -the Reserve Account of ai L-.-e on Roy pf rs ands s.-all %• outste-LSsC end unpaid er until •here there I,.), the Bond Amortineti... Fund cone the Cicestion and ipintertnee Fund may be In- ' sb.:: have been act 'part L- tat• -ninki.0 Fun.?, herein created and established;• I_o- • vested and retnvested Sr. the ncsane- —rided by law for the in tx snt If county funds, clt_inc tee Reserve AeI.— there, , and I'. the 1,-.d Ai lizatim Fund, hem'_ crated provided such inwattcnt. either cature or are reset.. ble et-mt less than par at the end ecaahlished, a ant c:.enici-I to pay whet. due then en-lrt peindiM? of the bonds " .or ion If the issuer, not later than, the date on whirch the msey on deposit therein .111 be • - mceinin[ -Paid. t.F-'.' •r ri.n'interest accrue; and U• eccrue thereon, t`e Issuer needed- for the F'u.-poses of sueI funds. 11. m y in the Resewel and Repl.—nit And -y raveoavta rith the hold_va of e:; and.a:1 bonds es fellows: be irrested and reinvested in the mother provided by law for the .investment of county - fnls, provided such I.-. C_ :nt. r62uie,: e or mdeenxeble et not less than par at the '- A. AEYT1ibi: F,R:D. :M entire Fledged Revenues shall upon receipt themcf optior. of the issuer, not later than 5 ycere froO their dates. The- ®ney in the Reserve - ' be deposited s she 'Rev— Hin-v. d'• (hereL-efieriied 'Revenue Fund"). hemby cmated Account be invested and reinvested in the earner provided by law for the Investment to t' �he esublLshei. SuthRIva.. Fund shall C Institute a trust fund for the purposed of county Ends. peerided such investments ra:.e Or a-e radaenable at not less than par _ herein and shall be kept separety ann distinct from all other funds of the et the option of the Issuer, prior U• the last nvtu.-Lty of the �Bunde. •All:ineoco on such _ Issuer and used oyy-far the ptsinses rnd in the nsn.•vcr herein provided. 'inrestmenta shall be deposited into the hevema Fund. _ - B. DISP'C1710; OF F..F,"M FU?=. All Fuedgrd- Funds at ary time recalning C. O,_•A?IC: AN, UUNTl:AIICE. The issuer will scintein the Facilities and ee- dep-it 1n the Reveu- Fund shall be diepo.ed of es thy_ - received by the parts thereof I, grad condition end will operate tx he sane, I. an efficient and a exci­- .•.Issuer„ccmeses:,- in i•v monthlw-S Lccedietely foinf the dell— of the Bonds, only er raking such expendit--for equi mnt and for renewals, repairs and replacements in the fallori^.g canner and L^, the following order of pricrlcy: as any be. proper for the econoaical, operation and m!nteraeoe thereof_- . _ t l) Fry_ the —my U the Be— ft dun. the issuer shalt- firs: deposit D. ANNUAL BUDir.. The Issuer shall annually prepare and adopt within the t!xte - Soto a se,zrete fund whsdh it .b • creeteG and design.;ed 'lot, t•ve:oot Fonds Slaking i IIr-Its prided by law for the adoption of county bud);ets, a detalled budget of the es:i- Fund' (bereinerter called 'S!.i Inn Fund'), cast: — as e;ll be sufficient to meet 'coted ezpenditurer for opera:for..and rainten-ce of the Facilities during such next stew - thy. payment. of prirripel of arc interest In the !.ad- Oe 3..0 dew• dicup-root ding th,c ot O^^ ding Fie -a" lose. N:, expenditure for tka operation and nainteaanee of the Facilities .. _ Bond Year. All such ,-a.- n -, as provided abole,SE:_ • lude en amunt eurflclent � 'scull be mde in art Fiscal Year in excess of the arunt provided therefor in mcb budget � ' - to par the fear end cherres of the a y!• agents. Fccn goy-h-.. rbal. be ad.iusted to without a finding and recocmenddtion 1•y the duly autmrized officer in charge Jtereuf, or _ ... the ezteat required tc Iov suet Interest becoking due, after eskL-T allow^..nee for the .shall be nede until the governiz,& body of the Issuer shall have approved such findinr and - emuats of.eo-ey rich will bun Oeposited in the Sinkt-ng Fund out of proceeds frox the -Lim. No suck, increased exp-lit:.-•as Is excess Of 10% of the amount p—ided - " sale of the Bond-, to pay interest .be... therefor in ru-b budget rb.it in any event be made. except upon the further certification - ' of -be Consulting F gL-eer that soon increased expenditures are, necessary -and essential _ (2) From the xxnte•v on deposit Ln Lis Revenue Fund. t} Issuer shall next to the co: tizuance in operation of the Facilities. Te losuer hall -11 copies of .-b -' , _ -deposit Sate the ^rind Axrtica:ion r - hem!= crested end established, one annual budgets end all ordinances nd rsolu:ions authorizing increased expenditures for - - -' Parity with the payrr_ntr required in. paragraph (i) above, if and to tore extent m- e -opera:ion:and ecintesce to eat holder of Bonds who shell file his address,with the -quitd, a s..c sufficient to meet the eaount of the Acortizetio:, Instellaents for Term issuer' and request It, writiK that copies at .L' sneh budgets eM ordinances'end resalu .� b xuis which r....1 bS.-w doe and lgysble dap•-inC the current Bond Year. � � tioes be furnished his:, and shall sake available s'.b budgets and eI ordinances and -reap- _ _ lutivns authoriz'.nr Increased expenditures for operation and xceintenu nce of the Facillti e _ 1 shoo the sale of any series of Term koads, the Issuer sl11, by resolution, _at all reasonable tines to any bolder or-holdce of.bonde or.to.nmone, cting,for•and o eateblisi. tins amounts e:.S naturi :lea of suck,my=� Atin: Inst.ilrxnts for each aeries, If them shall be -.be, Term Fonds the Acortl- - ., . -. beD.lf Of sash holder or holders. - - _ _ .cad m-m one mturite' of within a series, ":.ati- L•ust.11 -:e for each =tueSty of the Te Bonds, E. ASSFSSL0W' ORDTKO-E. The I. —hall nrnua ly adopt''' eseea—V'rdi a �•• _ - - as xeculred by the Act, and thereby will determine, fix, levy and collect such. Assescoente Money On de-ns!. in she bond Amrtization,Ftnd ehall-be used for -be open as will always provide revenues in each year sufficient tO pay 100% of the Vaxlxxce Bond ' ':tnrkst pachnse or redemption, at the earliest practicable date, of Teri, Fonds. Service Requirement on the bads and on all outstanding Additional .parity Obligetione, plus - -. " 100: or all reserve or other ,-rytents,.includiac the Cost of Operation andYaintenenee •" Wary rev.ir'-r In the Revenue Anal- .1.11 nor: be applied Dy the Issuer (reduced by the .count of ad ,I—. taxes, If env, levied and doll-t-d.withi" the area of _ for ter• establishment and msi-ensh- of a Be.,— Account. in the Sinking Fund, which the Issuer for su-b pun.• -Loses) and deposits for renewals and replacements of the Facilities, ;.-- .. Reserve Account Is hereby ereet.e; and establ isheE. i. a spa et least equal to and mf- Such A-esssnte shall not be reduced so ae to be Insufficient"to }: ovlde:xremues for tech • '' ficien: to pay :be Max'as Bond Service Reeulrene^t on the Bonds. 11f, at ant time, _ purposes; provided, however, that the Assessments shalt be levied against the benefited there shall be on deposit I--. the Reserve Aceeu^.. less thah such fa.1— Bond Service property In proportion to the special and positive benefits to be received from the nequisi- Requirement 'Ilan• to the extent necessary .to rairts'^ the Reserve Account, them shall tio-, and construction Of the Ac;ect and the furnishing.of solid waste dispoeal-aerrlcer to _ ' he deposited therein in escl, bond Year, after p or`_dinr for the pevsntr required id the residents of the Issuer• and shall` never exceed In the aggregate the unt by which _ - (1) anl.-(2) above, fro the ropey redairinr In the Revenue Fund, sn acort equal to such p•oparty, la Bete-.L--d to be benefited. 20% of the difference bet—, the hiaziaua B_. d Ss.•rvice Requirement. and the e- tent cur-- - ret'll, on deposit in the Reserve Accocit Smcediately after the cost mean-. withdrawal F. BOOTS P i TtF_OP.Dr. Tun Issuer suhall also keep books and records of the _ • them. 'No fu:.'tb'er paysents shall be required to 9e zeds into such Reserve Account Pledged Funds mien snail he kept eeQ•nse and npart'lrom all other "books, record. cad _ _ es long as them sta'_1 remeSa on deposit therein a yin equal to the *lawn cord accounts of the Issuer, and the holders of not less than 10% of the Bond. outstanding .ball '• .- Serriee Requirement. have the right at all reasonable time to inspect all recondt,s sn . accountd'data of the : Issuer rel sting thereto. --•i-::-,.. Mlney I. '-he Be— Acao,nt shall be used or-yafvr the purpose of the pay- - nent of storing princlW of o 41-,terest on the Bonds,, or coturing Axortlradon In-. G. A•MUl A'JOTI. The Issuer .Deli e1s , at least Once a year, 'with'" 180 days - . - stallmen;s, if art, when the ntlee money in the Sinking Fund Is insuftdclent therefor, after the olor-e of its Fiscal Year, cause the hooks, records and accounts misting to the - - - -and for other purpose. Fledged Au,ds w be properly audited by a recogyised Independent TLrm of certified public - . eecaunt.ents, anG shall sake generally available the report of such audits to any harder or , _ 4; Jpot, the iasmxe�Of atv Additional Shr:ty C:11gati-c under the terns. holders of bends. Such audits shall contain the balance sleet, a schedule of Ixeuranc.- in - li-tations andconditions a are herein. pear'ded, theers paynts L-te the Sinking Fund ezlate.oe, a .chedule of the collection .d epplfea:ion of all Fledged Funds, a schedule (L-luiing the Reserve Accoc.t therein) and, if Ten bonds am issued, into. the bird of reserves and Lnver:ments, and'a certificate by the auditors etstLtg sue default on the -• Atmriza'.I- Fled, 1.1.11 be increased in suchT_ s sha'2 be sec-- to make par of the Issuer o covenant been L,^. has been dieclO d by mesa of the audit. The r•::-' the paneents f :be �.•-lncdpe/ -n interest andreserves for such Additional Parity auditors selected sh.12 be chatu.ed at any tine by n written request signed by a maJc•:u',• - _ COligatSonr an', If Te Brads am issued, the Acort'z-ton Insttilcen's, on the same of the holders of the Bonds Or their dully authorized representatives. A copy of such - ., basis as h_•-•i,-sbove povide6 with respect to the BOnda Ln/:!a'Iy issued under this annual audit shall mgulariv be furnished to arC.• holder of bonds who hall have requested Inetr,_'t. Sn writing thut a cep;• of such reports be F—Ihed h'm. . ' The ls.ver shun':! not be req• ±red to vale of further into the H. ' N^ WRTGACE OF. SALE OF TFP FACL.•Tfl I. The Issuer will not sell, lease, Sinking A•nd (lr,c/udsg -.be R . . r Acco-udt the-ein) and the Bond Anorticat fan }und enr,.gaga, pledge or otherwise --be, the Facilities, or any substantial part thereof, , wben the agrre,-ate amount of a --tee;: in both the SL-king Fund (inclvdinr. the Reserve except ns Drreiru provided. , - Account iha-eln) and the hoed Accrtirstion A-^.d a at least equa:.tin the Bond Ser•fre .,, Requires: t, plur the account of mde ytSm premla-, If aZ•, than due and thereafter m fores^SnC p^visim notwithstanding, the Issuer shall have and hereby re - to beeooe due an the Bandr then outstanding by operation of the Boind Amortization And. serves the rlpnt to eel.. lease or otherv!.ns dispose of any Of the property cocprlsiry-. s - , part of the Facilities which the Issuer shall_ herceftr. deterrim, in the canner provide- r 'hevenuer .:,all nary. be used for deposit Into a•furci to be known as the' us hereinter , O be nn�longuseful or prtuN tsT•lr I. the operation of the Facilities. - - 'Cperet, .. . d ipintrra to Fund,' wni et, Is hereby created and established, such cud. Prior to art suck. sale, lease or other disposition of'such property. if the amount to be as ere 'ere. , for the Cos; If the Cg•eratlon and ttL tens-•uce for th4 current Fiscal mcclred therefor Is not -in a f 550.00]• the du y authorized officer in charge them - Year in be-r— with .h- budget to be adopted as hereibafter provided, of, sha'-: ueve a finding Tn writing dote -fining that suzh prcxrtr raprisinf a part of fie F-cutler is "o longer necessary:, useful' Or Frofitahle In fire operation thereof. (6) The I.e.— nextePp'--:: coney'in the Revenue Find to the pa:mant If current dsM servSre. mna -1—le requimrents Of gIv cwliga:iolr of the Issuer If the em.a tc be 'meeived fruo such sale. le,:sc or otter disposition of the APPENDIX D - FORM OF LEGAL OPI\IOx li D-1 ir PRLr.TIuT,NARY DRAFT Or .LEGAL OPINION Jiyt'rr�crrt, .`Jll+i�irr.�.L��t�. llcr�.�n, � (.��1� t5�"--'''_/t�wrirtorf', •%: , JU:)SON Fq EEM< '200 9Aq NETT BANS( 3�.ILDING RAi W RICHA-7DSON.JR. JACKSONVILLE, FLORIDA 32202 JOHN ' KELLY DANIEL U. LIVERM._%RE,JR. i904) 353-1264 A. GRAHAM ALLLN - RICH: PJ E. KLEIN JOHN 6. MCWILLIAMS.El JUDSON FREEMAN. JR. Ap r i l ROBERT O. FREEMAN WILL �M D. BRINTON RICHA,4D I. LOTT ' Chairman Board of County Commissioners Monroe County, Florida Dear Sir: .TILES J• PATTERSON (1885 - 1963) FRANK L. WATSON OF COUNSEL 1981 We have examined certified copies of the proceedings of the Board of County Commissi-oners of Monroe County, Florida (,ereinafter called "Board"), aoting as the governing body of Monroe County Municipal Service District (hereinafter called "District"); the validation proceedings in the Circuit Court, Sixteenth Judicial Circuit, in and for Monroe County, Florida; and other proofs submitted to us relative to the issuance and sale of $8,000, 000 MONROE COUNTY MUNICIPAL SERVICE DISTRICT IMPROVEMENT BONDS, SERIES 1980 Dated April 1, 1981 $ 5, 000 each Coupon Bonds, numbered consecutively from 1 upward, registrable as to principal only or as to both principal and interest, bearing interest at the rates per annum and maturing on October 1 as follows: INTEREST YEAR AMOUNT RATE 1982 $ 1983 , 1984 1985 , 1986 1987 1988 1989 1990 1991 YEAR AMOUNT 1992 $ 1993 1994 1995 1996 1997 1998 1999 2000 2001 2011 INTEREST RATE a W. ' �hairm��r. heard of County. Commissioners. Monroe County,.'Florida :',pril , i'381 Page Two._. The Bonds bear interest from their date, payable semian- nually on April 1 and October 1 of each year. Certain of the Bonds are redeemable prior to their stated dates of maturity in the manner and upon the terms and conditions stated in the .Bonds. We have examined the executed Bond numbered 1. It The Bonds are issued pursuant to the Constitution and Statutes of the State of Florida, including Chapter 125, Florida Statutes, Chapter 8, Articles I, II and III, of the Monroe County Code, and other applicable provisions of law, and Resolution No. 215-1980.duly adopted by the Board, as amended and supplemented (hereinafter cdllectively called "Resolution"), to finance the cost of the acquisition and construction, of additions, extensions and improvements to the solid waste disposal system of the District (hereinafter called "Project"). The Bonds and the coupons appertaining thereto are payable solely from and secured by a prior lien upon and a pledge of the special assessments levied annually against residential property within the District specially benefited by the acquisi- tion and construction of the Project and the furnishing of solid waste disposal services by the District, including interest on such special assessments (hereinafter collectively called "Assessments"); any payments received from franchisee solid waste collectors with respect to commercial property within the District; all other non ad valorem funds received by the District with respect to the furnishing of solid waste disposal services to the residents of the District, excluding any federal funds received from time to time by the District; and certain invest- ment income (such Assessments and other special funds hereinafter collectively called "Pledged Funds"); all in the manner provided in the Resolution. The District in the Resolution has covenanted and agreed with the holders of the Bonds ,to levy and collect the Assessments as will always provide revenues in each year sufficient to pay 100% of the maximum bond service requirement, as defined in the Resolution, on'the Bonds and on all other obligations payable on a parity therewith, plus 100% of all reserve and other payments required in such Resolution, including the cost of operation and maintenance of the solid waste disposal facilities of the District to the extent not paid from ad valorem taxes levied and d Chair.nan ?oard of County. Commissioners Monroe County; Florida April ...,, 1981 ' Page Three collected in the District, and the deposits for renewals and replacements of such facilities; and that the Assessments shall not be reduced so as to be insufficient to provide adequate reve- nues for .such purposes; provided, however, that the Assessments shall be levied against the benefited property in proportion to the special and positive benefits to be received from the acquisition and construction of the Project and the furnishing of solid waste disposal services to the residents of the District, and shall never exceed in the aggregate the amount by which such property .is det4rmined to be benefited. The Bonds shall not constitute -an indebtedness of the District within the meaning of any constitutional or statutory provision or limitation, and the holders thereof shall never have the right to require or compel the exercise of the ad valorem taxing power of the District for the payment of the prin- cipal of or interest on the Bonds. The District has reserved the right to issue additional obligations payable on a parity with the Bonds from the Pledged Funds, upon the terms and conditions prescribed in the Resolution. In our opinion: (1) the Bonds are valid and legally binding .special obligations of the District payable solely from the special funds above described; (2) the District is legally obligated to collect, receive, hold and apply such special funds in accordance with the provisions of the Resolution; (3) the interest on the Bonds is exempt from federal income taxes under existing statutes and court decisions; and (4) the Bonds and the interest thereon are exempt from taxation under the laws of the State of Florida, except estate taxes and taxes imposed by Chapter 220, Florida Statutes, on interest, income or profits on debt obligations owned by corporations. Respectfully .submitted,