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2011-1422011-142 Resolution Authorizing the Issuance Pursuant to Section 90.00 or Section 90.10 of the Local Finance Law of Refunding Bonds of the Town of Wappinger, Dutchess County, New York, to be Designated Substantially "Public Improvement Refunding (Serial) Bonds", and Providing for Other Matters in Relation Thereto and the Payment of the Bonds to be Refunded Thereby At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on April 11, 2011. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Christopher J. Colsey Councilmembers - William H. Beale (Arrived at 6:03 PM) Vincent F. Bettina (Arrived at 6:25 PM) Ismay Czarniecki (Arrived at 6:15 PM) Joseph P. Paoloni ABSENT: The following Resolution was introduced by Councilman Beale and seconded by Councilwoman Czarniecki. WHEREAS, the Town of Wappinger, Dutchess County, New York (hereinafter, the "Town") heretofore issued $2,085,000 Public Improvement (Serial) Bonds, 2000, pursuant to a bond resolution dated June 26, 2000, to pay a part of the cost of the acquisition of a parcel of land and the buildings thereon (commonly known as the "Greystone Property"), and a bond determinations certificate of the Supervisor dated September 26, 2000 (hereinafter referred to as the "Refunded Bond Determinations Certificate"), such Public Improvement (Serial) Bonds, 2000, being dated October 1, 2000 with remaining maturities on October 1 in the amount of $100,000 in 2011, $110,000 in 2012, $115,000 in 2013, $120,000 in 2014, $125,000 in 2015, $135,000 in 2016, $140,000 in 2017, $150,000 in 2018, $155,000 in 2019, and $165,000 in 2020, as more fully described in the Refunded Bond Determinations Certificate (said bonds, not including the bonds maturing in 2011, being referred to herein as the "Refunded Bonds"); and WHEREAS, it would be in the public interest to refund all or a portion of the outstanding principal balance of the Refunded Bonds by the issuance of refunding bonds pursuant to Section 90.00 or Section 90.10 of the Local Finance Law; and WHEREAS, such refunding will only be undertaken if it results in present value savings in debt service as required by Section 90.10 of the Local Finance Law; NOW, THEREFORE, BE IT ENACTED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For the object or purpose of refunding the outstanding principal balance of the Refunded Bonds as more fully set forth in the Refunding Financial Plan (hereinafter defined), including providing moneys which, together with the interest earned from the investment of certain of the proceeds of the refunding bonds herein authorized, shall be sufficient to pay (i) the principal amount of such Refunded Bonds, (ii) the aggregate amount of unmatured interest payable on such Refunded Bonds to and including the date on which the Refunded Bonds which are callable are to be called prior to their respective maturities in accordance with the refunding financial plan, as hereinafter defined, (iii) the costs and expenses incidental to the issuance of the refunding bonds herein authorized, including the development of the refunding financial plan, as hereinafter defined, compensation to the underwriter or underwriters, as hereinafter defined, costs and expenses of executing and performing the terms and conditions of the escrow contract or contracts, as hereinafter defined, and fees and charges of the escrow holder or holders, as hereinafter mentioned, (iv) the redemption premium to be paid on such Refunded Bonds which are to be called prior to their respective maturities, and (v) the premium or premiums for a policy or policies of municipal bond insurance or cost or costs of other credit enhancement facility or facilities, for the refunding bonds herein authorized, or any portion thereof, there are hereby authorized to be issued not exceeding $1,425,000 refunding serial bonds of the Town pursuant to the provisions of Section 90.00 or Section 90.10 of the Local Finance Law (the "Refunding Bonds"), it being anticipated that the amount of Refunding Bonds actually to be issued will be approximately $1,295,000, as provided in Section 4 hereof. The Refunding Bonds described herein are hereby authorized to be consolidated for purposes of sale in one or more refunding serial bond issues. The Refunding Bonds shall each be designated substantially "PUBLIC IMPROVEMENT REFUNDING (SERIAL) BOND" together with such series designation and year as is appropriate on the date of sale thereof, shall be of the denomination of $5,000 or any integral multiple thereof (except for any odd denominations, if necessary) not exceeding the principal amount of each respective maturity, shall be numbered with the prefix R-11 (or R with the last two digits of the year in which the Refunding Bonds are issued as appropriate) followed by a dash and then from 1 upward, shall be dated on such dates, and shall mature annually on such dates in such years, bearing interest semi-annually on such dates, at the rate or rates of interest per annum, as may be necessary to sell the same, all as shall be determined by the Supervisor pursuant to Section 4 hereof. It is hereby further determined that (a) such Refunding Bonds may be issued in series, (b) such Refunding Bonds may be sold at a discount in the manner authorized by paragraph a of Section 57.00 of the Local Finance Law and pursuant to subdivision 2 of paragraph f of Section 90.10 of the Local Finance Law, and (c) such Refunding Bonds may be issued as a single consolidated issue. It is hereby further determined that such Refunding Bonds may be issued to refund all, or any portion of, the Refunded Bonds, subject to the limitation hereinafter described in Section 10 hereof relating to approval by the State Comptroller. Section 2. The Refunding Bonds may be subject to redemption prior to maturity upon such terms as the Supervisor shall prescribe which terms shall be in compliance with the requirements of Section 53.00 (b) of the Local Finance Law. If less than all of the Refunding Bonds of any maturity are to be redeemed, the particular refunding bonds of such maturity to be redeemed shall be selected by the Town by lot in any customary manner of selection as determined by the Supervisor. Notice of such call for redemption shall be given by mailing such notice to the registered owners not less than thirty (30) days prior to such date and as otherwise provided in Securities and Exchange Commission Release No. 34-23856, as the same may be amended from time to time. Notice of redemption having been given as aforesaid, the bonds so called for redemption shall, on the date for redemption set forth in such call for redemption, become due and payable, together with interest to such redemption date, and interest shall cease to be paid thereon after such redemption date. The Refunding Bonds shall be issued in registered form and shall not be registrable to bearer or convertible into bearer coupon form. In the event said Refunding Bonds are issued in non -certificated form, such bonds, when issued, shall be initially issued in registered form in denominations such that one bond shall be issued for each maturity of bonds and shall be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC"), which will act as securities depository for the bonds in accordance with the Book -Entry -Only system of DTC. In the event that either DTC shall discontinue the Book - Entry -Only system or the Town shall terminate its participation in such Book -Entry -Only system, such bonds shall thereafter be issued in certificated form of the denomination of $5,000 each or any integral multiple thereof (except for any odd denominations, if necessary) not exceeding the principal amount of each respective maturity. In the case of non -certificated Refunding Bonds, principal of and interest on the bonds shall be payable by check or draft mailed by the Fiscal Agent (as hereinafter defined) to DTC, or to its nominee, Cede & Co., while the bonds are registered in the name of Cede & Co. in accordance with such Book -Entry -Only System. Principal shall only be payable upon surrender of the bonds at the principal corporate trust office of such Fiscal Agent (or at the office of the Supervisor as Fiscal Agent as hereinafter provided). In the event said Refunding Bonds are issued in certificated form, principal of and interest on the Refunding Bonds shall be payable by check or draft mailed by the Fiscal Agent (as hereinafter defined) to the registered owners of the Refunding Bonds as shown on the registration books of the Town maintained by the Fiscal Agent (as hereinafter defined), as of the close of business on the fifteenth day of the calendar month or last business day of the calendar month preceding each interest payment date as appropriate and as provided in a certificate of the Supervisor providing for the details of the Refunding Bonds. Principal shall only be payable upon surrender of bonds at the principal corporate trust office of a bank or trust company or banks or trust companies located or authorized to do business in the State of New York, as shall hereafter be designated by the Supervisor as fiscal agent of the Town for the Refunding Bonds (collectively the "Fiscal Agent"). Refunding Bonds in certificated form may be transferred or exchanged at any time prior to maturity at the principal corporate trust office of the Fiscal Agent for bonds of the same maturity of any authorized denomination or denominations in the same aggregate principal amount. Principal and interest on the Refunding Bonds will be payable in lawful money of the United States of America. The Supervisor, as chief fiscal officer of the Town, is hereby authorized and directed to enter into an agreement or agreements containing such terms and conditions as he shall deem proper with the Fiscal Agent, for the purpose of having such bank or trust company or banks or trust companies act, in connection with the Refunding Bonds, as the Fiscal Agent for said Town, to perform the services described in Section 70.00 of the Local Finance Law, and to execute such agreement or agreements on behalf of the Town, regardless of whether the Refunding Bonds are initially issued in certificated or non -certificated form; provided, however, that the Supervisor is also hereby authorized to name the Town Clerk as the Fiscal Agent in connection with the Refunding Bonds if said Refunding Bonds are issued in non -certificated form. The Supervisor is hereby further delegated all powers of this Town Board with respect to agreements for credit enhancement, derived from and pursuant to Section 168.00 of the Local Finance Law, for said Refunding Bonds, including, but not limited to the determination of the provider of such credit enhancement facility or facilities and the terms and contents of any agreement or agreements related thereto. The Refunding Bonds shall be executed in the name of the Town by the manual or facsimile signature of the Supervisor, and its corporate seal shall be imprinted or impressed thereon. In the event of facsimile signature, the Refunding Bonds shall be authenticated by the manual signature of an authorized officer or employee of the Fiscal Agent. The Refunding Bonds shall contain the recital required by subdivision 4 of paragraph j of Section 90.10 of the Local Finance Law and the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of the Refunding Bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the Fiscal Agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the Fiscal Agent. Section 3. It is hereby determined that: (a) the maximum amount of the Refunding Bonds authorized to be issued pursuant to this resolution does not exceed the limitation imposed by subdivision 1 of paragraph b of Section 90.10 of the Local Finance Law; (b) the maximum period of probable usefulness permitted by law at the time of the issuance of the Refunded Bonds for the specific objects or purposes for which such Refunded Bonds were issued is 30 years as to acquisition of land and fifteen years as to acquisition of buildings, calculated from October 1, 2000; (c) the last installment of the Refunding Bonds will mature not later than the expiration of the period of probable usefulness of the specific object or purpose for which said Refunded Bonds were issued in accordance with the provisions of subdivision 1 of paragraph c of Section 90.10 of the Local Finance Law; (d) the estimated present value of the total debt service savings anticipated as a result of the issuance of the Refunding Bonds, computed in accordance with the provisions of subdivision 2 of paragraph b of Section 90.10 of the Local Finance Law, with regard to the Refunded Bonds is as shown in the Refunding Financial Plan described in Section 4 hereof. Section 4. The financial plan for the refunding authorized by this resolution (the "Refunding Financial Plan"), showing the sources and amounts of all moneys required to accomplish such refunding, the estimated present value of the total debt service savings and the basis for the computation of the aforesaid estimated present value of total debt service savings, are set forth in Exhibit A attached hereto and made a part of this resolution. The Refunding Financial Plan has been prepared based upon the assumption that the Refunding Bonds will be issued in one series to refund all of the Refunded Bonds, and that the Refunding Bonds will mature, be of such terms, and bear interest as set forth on Exhibit A attached hereto and made a part of this resolution. This Town Board recognizes that the Refunding Bonds may be issued in one or more series, and for only portions thereof, that the amount of the Refunding Bonds, maturities, terms, and interest rate or rates borne by the Refunding Bonds to be issued by the Town will most probably be different from such assumptions and that the Refunding Financial Plan will also most probably be different from that attached hereto as Exhibit A. The Supervisor is hereby authorized and directed to determine the amount of the Refunding Bonds to be issued, the date or dates of such bonds and the date or dates of issue, maturities and terms thereof, the provisions relating to the redemption of Refunding Bonds prior to maturity, whether the Refunding Bonds will be insured by a policy or policies of municipal bond insurance or otherwise enhanced by a credit enhancement facility or facilities, whether the Refunding Bonds shall be sold at a discount in the manner authorized by paragraph e of Section 57.00 of the Local Finance Law, and the rate or rates of interest to be borne thereby, whether the Refunding Bonds shall be issued having substantially level or declining annual debt service and all matters related thereto, and to prepare, or cause to be provided, a final Refunding Financial Plan for the Refunding Bonds and all powers in connection therewith are hereby delegated to the Supervisor; provided, that the terms of the Refunding Bonds to be issued, including the rate or rates of interest borne thereby, shall comply with the requirements of Section 90.00 or Section 90.10 of the Local Finance Law. The Supervisor shall file a copy of his certificates determining the details of the Refunding Bonds and the final Refunding Financial Plan with the Town Clerk not later than ten (10) days after the delivery of the Refunding Bonds, as herein provided. Section 5. The Supervisor is hereby authorized and directed to enter into an escrow contract or contracts (collectively the "Escrow Contract") with a bank or trust company, or with banks or trust companies, located and authorized to do business in this State as said Supervisor shall designate (collectively the 'Escrow Holder") for the purpose of having the Escrow Holder act, in connection with the Refunding Bonds, as the escrow holder to perform the services described in Section 90.10 of the Local Finance Law. Section 6. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on the Refunding Bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall be annually levied on all the taxable real property in said Town a tax sufficient to pay the principal of and interest on such Refunding Bonds as the same become due and payable. Section 7. All of the proceeds from the sale of the Refunding Bonds, including the premium, if any, but excluding accrued interest thereon, shall immediately upon receipt thereof be placed in escrow with the Escrow Holder for the Refunded Bonds. Accrued interest on the Refunding Bonds shall be paid to the Town to be expended to pay interest on the Refunding Bonds. Such proceeds as are deposited in the escrow deposit fund to be created and established pursuant to the Escrow Contract, whether in the form of cash or investments, or both, inclusive of any interest earned from the investment thereof, shall be irrevocably committed and pledged to the payment of the principal of and interest on the Refunded Bonds in accordance with Section 90.10 of the Local Finance Law, and the holders, from time to time, of the Refunded Bonds shall have a lien upon such moneys held by the Escrow Holder. Such pledge and lien shall become valid and binding upon the issuance of the Refunding Bonds and the moneys and investments held by the Escrow Holder for the Refunded Bonds in the escrow deposit fund shall immediately be subject thereto without any further act. Such pledge and lien shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise, against the Town irrespective of whether such parties have notice thereof. Section 8. Notwithstanding any other provision of this resolution, so long as any of the Refunding Bonds shall be outstanding, the Town shall not use, or permit the use of, any proceeds from the sale of the Refunding Bonds in any manner which would cause the Refunding Bonds to be an "arbitrage bond" as defined in Section 148 of the Internal Revenue Code of 1986, as amended, and, to the extent applicable, the Regulations promulgated by the United States Treasury Department thereunder. Section 9. In accordance with the provisions of Section 53.00 and of paragraph h of Section 90.10 of the Local Finance Law, in the event such bonds are refunded, the Town hereby elects to call in and redeem Refunded Bonds which the Supervisor shall determine to be refunded at the earliest call date available. The sum to be paid therefor on such redemption date shall be the par value thereof plus the redemption premium, as provided in the Bond Determinations Certificate, and the accrued interest to such redemption date. The Escrow Agent for the Refunding Bonds is hereby authorized and directed to cause notice of such call for redemption to be given in the name of the Town in the manner and within the times provided in the Bond Determinations Certificate. Such notice of redemption shall be in substantially the form attached to the Escrow Contract. Upon the issuance of the Refunding Bonds, the election to call in and redeem the callable Refunded Bonds and the direction to the Escrow Agent to cause notice thereof to be given as provided in this paragraph shall become irrevocable, provided that this paragraph may be amended from time to time as may be necessary in order to comply with the publication requirements of paragraph a of Section 53.00 of the Local Finance Law, or any successor law thereto. Section 10. The Refunding Bonds shall be sold at public competitive or at private sale in the manner and for purchase prices to be determined by the Supervisor, plus accrued interest from the date or dates of the Refunding Bonds to the date or dates of the delivery of and payment for the Refunding Bonds. Subject to the approval of the terms and conditions of private sale by the State Comptroller as required by subdivision 2 of paragraph f of Section 90.10 of the Local Finance Law, the Supervisor, is hereby authorized to execute and deliver a purchase contract for the Refunding Bonds in the name and on behalf of the Town providing the terms and conditions for the sale and delivery of the Refunding Bonds to a purchasing underwriter if sold at private sale. After the Refunding Bonds have been duly executed, they shall be delivered by the Supervisor to the purchaser upon the receipt by the Town of the purchase price, including accrued interest. Section 11. The Supervisor and all other officers, employees and agents of the Town are hereby authorized and directed for and on behalf of the Town to execute and deliver all certificates and other documents, perform all acts and do all things required or contemplated to be executed, performed or done by this resolution or any document or agreement approved hereby. Section 12. All other matters pertaining to the terms and issuance of the Refunding Bonds shall be determined by the Supervisor and all powers in connection thereof are hereby delegated to the Supervisor. Section 13. The validity of the Refunding Bonds may be contested only if. 1. Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2. The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3. Such obligations are authorized in violation of the provisions of the Constitution. Section 14. A summary of this resolution, which takes effect immediately, shall be published in the official newspaper of said Town, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The foregoing was put to a vote which resulted as follows: CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 4/11/2011 The Resolution is hereby duly declared adopted. { J C. MASTERSON, TOWN CLERK EXHIBIT A PRELIMINARY REFUNDING FINANCIAL PLAN TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK OHS East: 160849122.1 NEW ISSUE SERIAL BONDS MOODY'S INVESTORS SERVICE: Aaa In the opinion of Bond Counsel, assuming continuing compliance by the District with its covenants relating to certain requirements contained in the Intema/ Revenue Code of 1986, as amended (the 'Code-), interest on the Bonds is not includable in the gross Income of the owners thereof for Federal income tax purposes under existing statutes and court decisions. Moreover, interest on the Bonds is not an "Item Of Tax Preference" for purposes of the individual and corporate aitemative minimum taxes imposed by the Code. Interest on the Bonds is exempt from personal income taxes imposed by the State of New York or any pollLical subdivision thereof (including the City of New York). See "Tax Exemption" herein for a "scussion of certain Federal taxes applicable to corporate owners of the Bonds. The Bonds will be designated as "qualified tax-exempt obligations" pursuant to Section 265 (b)(3) of the Intema/ Revenue Code of 1986 TOWN OF WAPPINGER DUTCHESS COUNTY, NEW YORK $2,085,000 PUBLIC IMPROVEMENT (SERIAL) BONDS, 2000 (The "Bonds") Dated Date: October 1, 2000 Principal Due: October 1, 2001-2020, as shown below. Interest Due: April 1 and October 1 of each year until maturity commencing April 1. 2001. BOND MATURITY SCHEDULE Yield Yield Year Amount Rate Or Price Year Amount Rate Or Price 2001 $6 6.50% 4.10% 2011 $100,000 5.50% 4.90% 2002 65,000 6.50 4.20 2012 110,000 5.50 5.00 2003 65,000 6.50 4.30 2013 115,000 5.50 5.10 2004 70,000 6.00 4.40 2014 120,000 5.10 5.20 @100 2005 75,000 6.00 4.45 2015 125,000 5.25 2006 80,000 4.75 4.50 2016 135,000 5.25 5.30 2007 85,000 4.75 4.60 2017 140,000 5.25 5.35 2008 85,000 4.75 4.65 2018 150,000 5.375 5.40 2009 90,000 4.75 @100 2019 155,000 5.40 5.45 @100 2010 95,000 5.00 4.80 2020 165,000 5.50 Payment of the principal of and interest on the Bonds when due will be guaranteed by a municipal bond insurance policy issued simultaneously with the delivery of the Bonds by Financial Guaranty Insurance Company. Financial Guaranty Insurance r VIU Company FOCI@ -PW w aamw".M a" ILS 6wea�st aPaF Security and Sources of Payment: The Bonds will constitute general obligations of the Town of Wappinger, Dutchess County, New York and will contain a pledge of its faith and credit for the payment of the principal of and interest on the Bonds, and all the taxable real property within the District will be subject to the levy of ad valorem taxes, without limitation as to rate or amount, for such purposes. Prior Redemption: The Bonds are subject to redemption prior to maturity. See "Optional Redemption" herein. Form end Denomination: The Bonds will be issued as registered obligations, and when issued, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as the securities depository for the Bonds. Individual purchases of the Bonds may be made only in book -entry -only form in denominations of $5,000 or integral multiples thereof. Bondowners will not receive certificates representing their ownership interest in the Bonds purchased. See "Book -Entry -Only System," herein. Payment. Payment of the principal of and interest on the Bonds to the Beneficial Owners of the Bonds will be made by DTC Participants and Indirect Participants in accordance with standing instructions and customary practices, as is now the case with municipal securities held for the accounts of customers in bearer form or registered in "street name." Payment will be the responsibility of the DTC Participant or Indirect Participant and not of DTC or the District, subject to any statutory and regulatory requirements as may be in effect from time to time. See "Book -Entry -Only System," herein. The Bonds are offered when, as and if issued and received by the purchasers and subject to the respective approval of legality by Willkie Farr & Gallagher, Bond Counsel, New York, New York and certain other conditions. It is expected that delivery of the Bonds in book -entry -only form will be made on or about October 3, 2000 in New York, New York. This revised cover page supplements the Official Statement of the Town of Wappinger, Dutchess County, New York, dated September 18 2000 relating to the obligations thereof described therein and herein by including certain information omitted from such Official Statement in accordance with Securities and Exchange Commission Rule 15c2-12 (the "Rule-). Except for the revisions to the "Ratings" section and the addition of Appendix C, there have been no revisions made to said Official Statement, other than as set forth on this revised cover page. REVISED COVER PAGE DATED: SEPTEMBER 26, 2000 ROOSEVELT & CROSS, INC. AND ASSOCIATES NEW ISSUE SERIAL BONDS MOODY'S INVESTORS SERVICE: In the opinion of Bond Counsel, assuming continuing compliance by the District with its covenants relating to certain requirements contained in the Internal Revenue Code of 1986, as amended (the "Code"), interest on the Bonds is not includable in the gross income of the owners thereof for Federal income tax purposes under existing statutes and court decisions. Moreover, interest on the Bonds is not an "Item Of Tax Preference" for purposes of the individual and corporate alternative minimum taxes imposed by the Code. Interest on the Bonds is exempt from personal income taxes imposed by the State of New York or any political subdivision thereof (including the City of New York). See "Tax Exemption" herein for a discussion of certain Federal taxes applicable to corporate owners of the Bonds. The Bonds will be designated as "qualified tax-exempt obligations" pursuant to Section 265 (b)(3) of the Internal Revenue Code of 1986. TOWN OF WAPPINGER DUTCHESS COUNTY, NEW YORK $2,085,000 PUBLIC IMPROVEMENT (SERIAL) BONDS, 2000 (The "Bonds") Dated Date: October 1, 2000 Principal Due: October 1, 2001-2020, as shown below. Interest Due: April 1 and October 1 of each year until maturity commencing April 1, 2001. BOND MATURITY SCHEDULE Yield Yield Year Amount* Rate Or Price Year Amount* Rate Or Price 2001 $60,000 % % 2011 $100,000 % % 2002 65,000 2012 110,000 2003 65,000 2013 115,000 2004 70,000 2014 120,000 2005 75,000 2015 125,000 2006 80,000 2016 135,000 2007 80,000 2017 140,000 2008 85,000 2018 150,000 2009 90,000 2019 155,000 2010 95,000 2020 170,000 * Principal amounts subject to change for compliance with the requirements of substantially level or declining annual debt service. Security and Sources of Payment: The Bonds will constitute general obligations of the Town of Wappinger, Dutchess County, New York and will contain a pledge of its faith and credit for the payment of the principal of and interest on the Bonds, and all the taxable real property within the District will be subject to the levy of ad valorem taxes, without limitation as to rate or amount, for such purposes. Prior Redemption: The Bonds are subject to redemption prior to maturity. See "Optional Redemption" herein. Form and Denomination: The Bonds will be issued as registered obligations, and when issued, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as the securities depository for the Bonds. Individual purchases of the Bonds may be made only in book -entry -only form in denominations of $5,000 or integral multiples thereof. Bondowners will not receive certificates representing their ownership interest in the Bonds purchased. See "Book -Entry -Only System," herein. Payment: Payment of the principal of and interest on the Bonds to the Beneficial Owners of the Bonds will be made by DTC Participants and Indirect Participants in accordance with standing instructions and customary practices, as is now the case with municipal securities held for the accounts of customers in bearer form or registered in "street name." Payment will be the responsibility of the DTC Participant or Indirect Participant and not of DTC or the District, subject to any statutory and regulatory requirements as may be in effect from time to time. See "Book -Entry -Only System," herein. The Bonds are offered when, as and if issued and received by the purchasers and subject to the respective approval of legality by Willkie Farr & Gallagher, Bond Counsel, New York, New York and certain other conditions. It is expected that delivery of the Bonds in book -entry -only form will be made on or about October 3, 2000 in New York, New York. The District deems this Official Statement to be final for purposes of Securities and Exchange Commission Rule 15c2-12 (The "Rule"), except that certain information that has been omitted herefrom in accordance with said Rule and will be supplied when this Official Statement is updated following the sale of the obligations herein described. This Official Statement will be so updated upon request of the successful bidder, as more fully described in the Notices of Sale with respect to the obligations herein described. The District will covenant in a continuing disclosure undertaking to provide notice of certain information (as defined in the Rule) as required by the Rule (see "The Bonds, Continuing Disclosure Undertaking," herein). DATED: SEPTEMBER 18, 2000 TOWN OF WAPPINGER DUTCHESS COUNTY, NEW YORK TOWN BOARD CONSTANCE O. SMITH VINCENT BETTINA JOSEPH PAOLONI JOSEPH RUGGIERO ROBERT L. VALDATI ELAINE H. SNOWDEN ALBERT P. ROBERTS BOND COUNSEL Supervisor Councilman Councilman Councilman Councilman Town Clerk Town Attorney WILLKIE FARR & GALLAGHER New York, New York FINANCIAL ADVISOR PUBLIC FINANCE ASSOCIATES, INC. Hopewell Junction, New York No person has been authorized by the Town of Wappinger to give any information or to make any representations not contained in this Official Statement and, if given or made, such information or representations must not be relied upon as having been authorized. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy, nor shall there be any sale of the Notes by any person in any jurisdiction in which it is unlawful for such person to make such offer, solicitation or sale. The information, estimates and expressions of opinion herein are subject to change without notice, and neither the delivery of this Official Statement nor any sale made hereunder shall, under any circumstances, create any implication that there has been no change in the affairs of the Town of Wappinger since the date hereof. TABLE OF CONTENTS PAGE PAGE THE BONDS DISCUSSION OF FINANCIAL MATTERS Continuing Disclosure Undertaking 1 Budgetary Procedure 16 Description of the Bonds 2 Investment Policy 16 Optional Redemption 2 Financial Operations 17 Book -Entry -Only System 3 Basis Of Accounting 17 Certificated Bonds 4 Fund Structure and Accounts 18 Authorization and Purpose 4 Revenues 18 Nature of the Obligation 4 State Aid 18 Remedies Upon Default 5 Pension Systems 18 THE TOWN REAL PROPERTY TAX INFORMATION General Information 6 Real Property Taxes Statistics 19 Form of Government 6 Major Taxpayers 19 Services 6 Tax Collection Procedures 19 Employee Contracts 6 20 LITIGATION ECONOMIC AND DEMOGRAPHIC INFORMATION Population 7 RISK FACTORS 20 Income Employment 7 7 TAX EXEMPTION 21 Education Financial Institutions 9 9 LEGAL MATTERS 21 Transportation Utilities 9 9 RATINGS 22 Culture and Recreation 9 FINANCIAL ADVISOR 22 INDEBTEDNESS OF THE TOWN ADDITIONAL INFORMATION 23 Constitutional Requirements 10 Statutory Procedure 10 APPENDIX A - Independent Auditors Report - Constitutional Debt Limit 11 Combined Financial Statements with Notes Debt Contracting Power 12 Thereto - Year ended December 31, 1998 Short -Term Indebtedness 12 Prospective Capital Financings 12 APPENDIX B -Certain Financial Information Debt Service Schedule 13 Obtained From Statements Principal Amortization by Purpose 14 Trend of Bond Indebtedness 14 APPENDIX C - Summary of Adopted Overlapping Debt 15 Budget - Year Ended December 31, 2000 Debt Ratios 15 APPENDIX D - Municipal Bond Insurance OFFICIAL STATEMENT RELATING TO TOWN OF WAPPINGER DUTCHESS COUNTY, NEW YORK $2,085,000 PUBLIC IMPROVEMENT (SERIAL) BONDS, 2000 This Official Statement, which includes the cover page, presents certain information relating to the Town of Wappinger, in Dutchess County, in the State of New York (the "Town", "County", and "State," respectively), in connection with the sale of $2,085,000 Public Improvement (Serial) Bonds, 2000 (the "Bonds"). All quotations from and summaries and explanations of provisions of the Constitution and laws of the State and acts and proceedings of the Town contained herein do not purport to be complete and are qualified in their entirety by reference to the official compilations thereof and all references to the Bonds and the proceedings of the Town relating thereto are qualified in their entirety by reference to the definitive form of the Bonds and such proceedings. The Bonds are general obligations of the Town and contain a pledge of the faith and credit of the Town for the punctual payment of the principal of and interest on the Bonds. For the payment of the principal of and interest on the Bonds the Town has the power to levy ad valorem taxes on all taxable real property in the Town. See "Real Property Taxes and Assessments" below. THE BONDS CONTINUING DISCLOSURE UNDERTAKING In accordance with the requirements of Rule 15c2-12, as the same may be amended or officially interpreted from time to time, (the "Rule") promulgated by the Securities and Exchange Commission (the "Commission"), the Town has agreed to provide, or cause to be provided: (i) During any succeeding fiscal year in which the Bonds are outstanding, to each nationally recognized municipal securities information repository ("NRMSIR") designated by the Commission in accordance with the Rule, and to the New York State information depository ("SID"), if the New York State creates a depository ('SID"), certain annual financial information and operating data for the preceding fiscal year, in a form generally consistent with the information contained or cross- referenced under the headings, "Indebtedness of the Town and all subheadings, Discussion of Financial Matters and all subheadings, Real Property Tax Information and all subheadings, and Litigation" and a copy of the audited financial statements (prepared in accordance with generally accepted accounting principals in effect at the time of the audit) for the preceding year, if any, such information, data and audit, if any, will be so provided on or prior to the later of either the end of the sixth month of each such succeeding fiscal year or, if an audited financial statement is prepared, sixty days following receipt by the Town of audited financial statements for the preceding fiscal year, but, in no event, not later than the last business day of each such succeeding fiscal year. (ii) In a timely manner, to each NRMSIR or to the Municipal Securities Rulemaking Board ("MSRB") and to the SID, notice of the occurrence of any of the following events with respect to the Bonds, if such event is material: (a) Principal and interest payment delinquencies (b) Non-payment related defaults (c) Unscheduled draws on debt service reserves reflecting financial difficulties (d) Unscheduled draws on credit enhancements reflecting financial difficulties (e) Substitution of credit or liquidity providers, or their failure to perform (f) Adverse tax opinions or events affecting the tax-exempt status of the Bonds (g) Modifications to rights of Bondholders (h) Bond calls (i) Defeasances Q) Release, substitution, or sale of property securing repayment of the Bonds (k) Rating changes The Town may from time to time choose to provide notice of the occurrence of certain other events, in addition to those listed above, if the Town determines that any such other event is material with respect to the Bonds; but the Town does not undertake to commit to provide any such notice of the occurrence of any material event except those events listed above. (iii) In a timely manner, to each NRMSIR or to the MSRB and to the SID, notice of its failure to provide the aforedescribed annual financial information and operating data and such audited financial statements, if any, on or before the date specified. The Town reserves the right to terminate its obligations to provide the aforedescribed annual financial information and operating data and such audited financial statement, if any, and notices of material events, as set forth above, if and when the Town no longer remains an obligated person with respect to the Bonds within the meaning of the Rule. The Town acknowledges that its undertaking pursuant to the Rule described under this heading is intended to be for the benefit of the holders of the Bonds (including holders of beneficial interests in the Bonds). The right of holders of the Bonds to enforce the provisions of the undertaking will be limited to a right to obtain specific enforcement of the Town's obligations under its continuing disclosure undertaking and any failure by the Town to comply with the provisions of the undertaking will not be a default with respect to the Bonds. The Town reserves the right to modify from time to time the specific types of information provided or the format of the presentation of such information, to the extent necessary or appropriate in the judgment of the Town; provided that, the Town agrees that any such modification will be done in a manner consistent with the Rule. A Continuing Disclosure Certificate to this effect shall be provided to the purchaser of the closing. The Town is in compliance with all prior undertakings made pursuant to the ruling. DESCRIPTION OF THE BONDS The Bonds will be dated October 1, 2000, will bear interest payable semiannually on April 1 and October 1 of each year commencing April 1, 2001, and will serially mature on October 1 as shown on the cover page of this Official Statement. The individual purchasers will determine the denomination of the Bonds which shall be in denominations of five thousand dollars ($5,000) or integral multiples thereof. The Bonds will be issued as registered bonds in book -entry form. See "Book -Entry -Only System," herein. Principal and interest will be paid in lawful money of the United States of America (Federal Funds) by the Town to the securities depository company. THE RECORD DATE (THE "RECORD DATE") FOR THE BONDS IS THE FIFTEENTH DAY OF THE MONTH IMMEDIATELY PRECEDING EACH INTEREST PAYMENT. OPTIONAL REDEMPTION The Bonds maturing on or before October 1, 2008 will not be subject to redemption prior to maturity. The Bonds maturing on October 1, 2009, and thereafter, will be subject to redemption, at the option of the Town prior to maturity, in whole or in part, on any interest payment date on or after October 1, 2008, at redemption prices, expressed as a percentage of par as follows: Redemption Price Redemption Dates As a Percentage All Dates Inclusive of Par Amount October 1, 2008 and April 1, 2009 101.0% October 1, 2009 and April 1, 2010 100.5 October 1, 2010 and thereafter 100.0 If less than all of the Bonds of any maturity are to be redeemed, the particular bonds of such maturity to be redeemed shall be selected by lot in any customary manner of selection as determined by the Supervisor. Notice of such call for redemption shall be given by mailing such notice to the registered holder not more than sixty (60) days nor less than thirty (30) days prior to such date. Notice of redemption having been given as aforesaid, the bonds so called for redemption shall, on the date for redemption set forth in such call for redemption, become due and payable together with interest to such redemption date. Interest shall cease to be paid thereon after such redemption date (See "Book -Entry -Only System" for additional information concerning redemptions). 2 BOOK -ENTRY -ONLY SYSTEM The Depository Trust Company ("DTC"), New York, New York, will act as securities depository for the Bonds. The Bonds will be issued as fully -registered securities, registered in the name of Cede & Co. (DTC's partnership nominee) or such other name as maybe requested by an authorized representative of DTC. One fully registered bond certificate will be issued and deposited with DTC for each bond maturity. DTC is a limited -purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System, a ,.clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds securities that its participants ("Participants") deposit with DTC. DTC also facilitates the settlement among Participants of securities transactions, such as transfers and pledges, in deposited securities through electronic computerized book -entry changes in Participants' accounts, thereby eliminating the need for physical movement of securities certificates. Direct Participants include securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is owned by a number of its Direct Participants and by the New York Stock Exchange, Inc., the American Stock Exchange, Inc., and the National Association of Securities Dealers, Inc. Access to the DTC system is also available to others such as securities brokers and dealers, banks, and trust companies that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ("Indirect Participants"). The Rules applicable to DTC and its Participants are on file with the Securities and Exchange Commission. Purchases of Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the Bonds on DTC's records. The ownership interest of each actual purchaser of each Bond ("Beneficial Owner") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase, but Beneficial Owners are expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Bonds are to be accomplished by entries made on the books of Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interest in the Bonds, except in the event that use of the book -entry -only system for the Bonds is discontinued. To facilitate subsequent transfers, all Bonds deposited by Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC. The deposit of the Bonds with DTC and their registration in the name of Cede & Co. or such other DTC nominee will effect no change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Bonds; DTC's records reflect only the identity of the Direct Participants to whose accounts such Bonds are credited, which may or may not be the Beneficial Owners. The Participants will remain responsible for keeping accounts of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Beneficial Owners of the Bonds may wish to take certain steps to augment the transmission to them of notices of significant events with respect to the Bonds, such as redemptions, tenders, defaults, and proposed amendments to the Bond documents. Beneficial Owners of the Bonds may wish to ascertain that the nominee holding the Bonds for their benefit has agreed to obtain and transmit notices to Beneficial Owners, or in the alternative, Beneficial Owners may wish to provide their names and addresses to the registrar and request that copies of notices be provided directly to them. Redemption notices shall be sent to DTC. If less than all of the Bonds within an issue are being redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participant of such issue to be redeemed. Principal and interest payments on the Bonds will be made to Cede & Co. or such other name as may be requested by an authorized representative of DTC. DTC's practice is to credit Direct Participants' accounts upon DTC's receipt of funds and corresponding detail information from the Town on the payable date, in accordance with their respective holdings shown on DTC's records. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Participant and not of DTC (nor its nominee) or the Town, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of principal and interest to Cede & Co. or such other name as may be requested by an authorized representative of DTC is the responsibility of 3 the Town, disbursement of such payments to Direct Participants is the responsibility of DTC, and disbursement of such payments to the Beneficial Owners is the responsibility of Direct and Indirect Participants. DTC may discontinue providing its service as the securities depository with respect to the Bonds, at any time, by giving reasonable notice to the Town. Under such circumstances, in the event that a successor securities depository is not obtained, bond certificates are required to be printed and delivered. The Town may decide to discontinue use of the system of book -entry transfers through DTC (or a successor securities depository). In that event, bond certificates will be printed and delivered. Source: The Depository Trust Company, New York, New York. THE INFORMATION CONTAINED IN THE ABOVE SECTION CONCERNING DTC AND DTC'S BOOK -ENTRY SYSTEM HAS BEEN OBTAINED FROM SOURCES THAT THE TOWN BELIEVES TO BE RELIABLE BUT THE TOWN TAKES NO RESPONSIBILITY FOR THE ACCURACY THEREOF. IN ADDITION, THE TOWN WILL NOT HAVE ANY RESPONSIBILITY OR OBLIGATION TO PARTICIPANTS, TO INDIRECT PARTICIPANTS OR TO ANY BENEFICIAL OWNER WITH RESPECT TO: (1) THE ACCURACY OF ANY RECORDS MAINTAINED BY DTC, ANY PARTICIPANT OR ANY INDIRECT PARTICIPANT; (II) THE PAYMENTS BY DTC OR ANY PARTICIPANT OR ANY INDIRECT PARTICIPANT OF ANY AMOUNT WITH RESPECT TO THE PRINCIPAL OF, OR PREMIUM, IF ANY, OR INTEREST ON THE BONDS OR (III) ANY NOTICE WHICH IS PERMITTED OR REQUIRED TO BE GIVEN TO BONDOWNERS. CERTIFICATED BONDS DTC may discontinue providing its services with respect to the Bonds, at any time, by giving notice to the Town and discharging its responsibilities with respect thereto under applicable law or the Town may terminate its participation in the system of book -entry -only transfers through DTC, at any time. In the event that the book -entry -only system is discontinued, the following provisions will apply. The Bonds will be issued in fully registered form in denominations of $5,000 each or any integral multiple thereof. Principal of the Bonds when due would be payable upon presentation at the principal corporate trust office of a fiscal agent (the "Fiscal Agent") to be appointed by the Town. Interest on the Bonds will be payable as described herein. Such interest would be payable by check drawn on the Fiscal Agent and mailed to the registered owner on each interest payment date at the address as shown on the registration books of the Fiscal Agent as of the Record Date preceding each such interest payment date. Bonds could be transferred or exchanged, at no cost to the registered owner, at any time prior to their maturity, at the principal corporate trust office of the Fiscal Agent, for Bonds of the same or any other authorized denomination or denominations in the same aggregate principal amount upon the terms set forth in the consolidating resolution authorizing the sale of the Bonds and fixing the details thereof and in accordance with the Local Finance Law. The Fiscal Agent would not be obligated to make any such transfer or exchange of Bonds between Record Date and any such interest payment date. AUTHORIZATION AND PURPOSE The Bonds are issued pursuant to the State Constitution and statutes of the State, including among others, the Town Law, the Local Finance Law, and other proceedings and determinations relating thereto, including a bond resolution adopted by the Town Board on June 26, 2000 authorizing the issuance of $2,085,300 serial bonds to pay the cost of the acquisition of a parcel of land of approximately 99.6 acres and the buildings thereon (commonly known as the "Greystone Property"). The proceeds of the Bonds will be used to provide new money to finance the aforementioned project. NATURE OF THE OBLIGATION Each Bond when duly issued and paid for will constitute a contract between the Town and the holder thereof. The Bonds will be general obligations of the Town and will contain a pledge of the faith and credit of the Town for the payment of the principal thereof and the interest thereon. For the payment of such principal and interest, the Town has the power and statutory authority to levy ad valorem taxes on all the taxable real property within the Town without limitation as to rate or amount. Under Article VIII of the State Constitution, the State Legislature is specifically precluded from restricting the power of the Town to levy taxes on real estate for the payment of principal and interest on outstanding indebtedness. 4 REMEDIES UPON DEFAULT NO PRINCIPAL OF OR INTEREST PAYMENT ON TOWN INDEBTEDNESS IS PAST DUE. THE TOWN HAS NEVER DEFAULTED IN THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON ANY INDEBTEDNESS. Section 3-a of the General Municipal Law provides, subject to exceptions not pertinent, that the rate of interest to be paid by a Town upon any judgment or accrued claim against such Town shall not exceed 9% per -annum. This provision might be construed to have application to the holders of the Bonds in the event of a default in the payment of the principal of or interest on the Bonds. In accordance with the general rule with respect to municipalities, judgments against the Town may not be enforced by levy and execution against property owned by the Town. The Federal Bankruptcy Code allows recourse to the protection of a Federal Court by public bodies such as the Town for the purpose of adjusting outstanding indebtedness. Section 85.80 of the Local Finance Law contains specific authorization for any municipality in the State (including the Town) to file a petition under any provision of Federal bankruptcy law for the composition or adjustment of municipal indebtedness. At the Extraordinary Session of the State Legislature held in November, 1975, legislation was enacted which purported to suspend the right to commence or continue an action in any court to collect or enforce certain short-term obligations of the City of New York. The effect of such act was to create a three-year moratorium on actions to enforce the payment of such obligations. On November 19, 1976, the Court of Appeals, the State's highest court, declared such act to be invalid on the grounds that it violates the provisions of the State Constitution requiring a pledge by such city of its faith and credit for the payment of such obligation. As a result of the Court of Appeals decision, the constitutionality of that portion of Title 6-A of the Local Finance Law enacted at the 1975 Extraordinary Session of the State Legislature, authorizing any County, City, Town or Village with respect to which the State has declared a financial emergency to petition the State Supreme Court to stay the enforcement against such municipality of any claim for payment relating to any contract, debt or obligation of the municipality during the emergency period, is subject to doubt. In any event, no such emergency has been declared with respect to the Town. THE TOWN GENERAL INFORMATION The Town of Wappinger, classified as a First Class Town, encompasses 28.8 square miles within the southwestern part of the County of Dutchess, New York. The Town includes the major portion of the Village of Wappingers Falls and the unincorporated communities of Chelsea, Hughsonville, and New Hackensack. Wappinger is a suburban community and primarily residential in nature. Residences consist primarily of single family homes. However, the Town has considerable shoreline on the east bank of the Hudson River which has been utilized as a site for garden apartment complexes and condominiums. The Town also enjoys substantial retail and commercial activity and some light industry. Commercial activity is located in the Village of Wappingers Falls and along U.S. Route 9. The Castle Point Veterans Hospital and Dutchess County Airport are within the Town borders. FORM OF GOVERNMENT The Town of Wappinger was established in 1875. The Town is a separate political entity vested with independent taxing and debt authority. Situated within the Town's borders are portions of three independent school Towns. The school Towns use the Town's assessment roll as the basis for taxation of property within the Town. - The legislative power of the Town is vested in the Town Board, which consists of five members, including the Town Supervisor, who is the presiding member and chief fiscal officer of the Town, elected for a term of two years. The four other members of the Town Board (Councilmen) are also elected to two-year terms. Councilmen are elected in accordance with the ward system - 4 wards, one councilman per ward. There are no limitations as to the number of terms which may be served. The Town Clerk serves as custodian of the Town's legal documents and papers, maintains the minutes of proceedings of the Town Board and is responsible for the publication and filing of all official notices. The Clerk is elected to serve a four-year term; the number of terms is not limited. The Receiver of Taxes, unless otherwise provided by law, has the duty to receive and collect all State, County, Town and school taxes and all assessments that may be levied in the Town. The Receiver of Taxes serves a two-year term and the number of terms is without limit. Other offices of the Town include: two Town Justices, each elected to a four-yearterm; the Highway Superintendent, elected to a four-year term; and the Town Comptroller and the Town Attorney who are appointed by and serve at the pleasure of the Town Board. SERVICES The Town is responsible for providing most governmental services to its residents. Water and sewer services are furnished by various water and sewer districts which have been formed within the Town. Highway construction and maintenance is also a Town function. In addition, recreation is provided and parks maintained through Town government. Other services performed at the Town level include: property assessment, building inspection, zoning administration and the local justice court system. The County Sheriffs Office and the New York State Police furnish police protection while fire protection is provided for through the three fire districts located in the Town. Education is the responsibility of the three independent school Towns serving the Town. The County of Dutchess provides various social and health services. EMPLOYEE CONTRACTS The Town employs approximately 50 full-time and 35 part-time workers. There is one collective bargaining organization representing Town employees as follows: Unit Membership Contract Expiration Date C.S.E.A. 17 12-31-99 * Currently being negotiated. 11 ECONOMIC AND DEMOGRAPHIC INFORMATION POPULATION The population of the Town was 5,090 in 1950 and 9,577 in 1960. During the Sixties the Town experienced rapid growth and by 1970 the population had reached 22,040. Population trends since 1980 are indicated in the table below. TABLE 1 POPULATION TREND 1980-1996 (a) Estimate as of July 1, 1998. Source: U.S. Department of Commerce, Bureau of the Census; State Department of Economic Development INCOME The following table indicates comparative income statistics for the Town of Wappinger, Dutchess County, and State. 14 =1K PER CAPITA MONEY INCOME 1980 1990 % Increase % Change 1980 1990 1998 (a) 80/90 90/98 Town 26,776 26,008 26,708 (2.9)% 2.7% County 245,055 259,462 265,317 5.9 2.3 State 17,557,288 17,990,455 18,175,301 2.5 1.3 (a) Estimate as of July 1, 1998. Source: U.S. Department of Commerce, Bureau of the Census; State Department of Economic Development INCOME The following table indicates comparative income statistics for the Town of Wappinger, Dutchess County, and State. 14 =1K PER CAPITA MONEY INCOME 1980 1990 % Increase Town $8,336 $18,609 123.2% County 7,559 17,420 130.5 State 7,496 16,501 120.1 Source: State Department of Economic Development. EMPLOYMENT The following four tables provide information about the labor force in the Town of Wappinger and Dutchess County, unemployment trends and major employers. TABLE 3 EMPLOYED CIVILIAN LABOR FORCE 1990-1999 % Increase 1990 1993 1999 90/93 93/99 Town 15,067 12,636 13,048 (16.1)% 3.3% County 125,217 112,112 115,767 (10.5) 3.3 State 8,223,000 7,985,000 8,423,843 (2.9) 5.5 Source: State Department of Labor. 7 The following table lists major employers in Dutchess County which provide employment for County residents, including residents of the Town. TABLE 4 MAJOR EMPLOYERS IN THE COUNTY* (400 or more employees) * Some of the employment figures include part-time positions. Source: Dutchess County Department of Planning (2/99). TABLE 5 AVERAGE UNEMPLOYMENT RATES Number Name Industry or Business of Employees International Business Machine Corp. Manufacturing 10,350 State of New York Government 7,700 St. Francis Hospital Hospital 2,129 Federal Govt (incl. U.S. Postal Serv.) Government 2,000 Vassar Brothers Hospital Hospital 1,100 MiCrus Manufacturing 1,000 Vassar College Education 1,000 Shop Rite Retail Shopping 779 Marist College Education 754 Central Hudson Gas & Electric Corp. Utility 575 Astor Home for Children Social Services 575 Culinary Institute of America Education 550 Grand Union Retail 536 Ferncliff Nursing Home Nursing Home 480 Wal Mart Stores, Inc. Retail Shopping 465 Bard College Education 456 Price Chopper Retail Shopping 438 Manpower Employment Services 434 Northern Dutchess Hospital Hospital 400 * Some of the employment figures include part-time positions. Source: Dutchess County Department of Planning (2/99). TABLE 5 AVERAGE UNEMPLOYMENT RATES (a) Monthly Rates. Source: State Department of Labor. 1.1 Unite d Year Town -County State States 1995 4.7% 5.0% 6.3% 5.6% 1996 3.9 4.2 6.2 5.4 1997 3.8 4.1 6.4 4.9 1998 3.1 3.4 5.6 4.5 1999 3.2 3.5 5.2 4.2 2000: (a) Jan 3.5 3.7 5.5 4.5 Feb 3.6 3.9 5.3 4.4 Mar 3.1 3.3 5.0 4.3 Apr 2.7 2.9 4.4 3.7 May 2.7 2.9 4.3 3.9 Jun 2.7 2.9 4.3 4.2 Jul 2.5 2.7 4.4 4.2 (a) Monthly Rates. Source: State Department of Labor. 1.1 EDUCATION Elementary and secondary education is the responsibility of the three independent school districts in the Town. Children of the Town attend one of the three Towns, determined by geography. Dutchess County Community College, a two-year co-educational college, offers four main programs of study leading to associate degrees in the arts, science, applied science and a one year certificate. In addition, there are three four-year colleges located in the County. These institutions are Bard College, Marist College and Vassar College. FINANCIAL INSTITUTIONS Numerous banking facilities are available in and around the Town. Many of the State's major commercial banks have branch offices located in the area. The Bank of New York, Premier National Bank, First Union Bank, Fleet Bank, Key Bank of New York, HSBC (Marine Midland Bank) and M & T Bank are located within the Town or nearby. TRANSPORTATION The Town maintains its own interior road network. Interstate 84 (providing access east to Danbury, Connecticut and west to Scranton, Pennsylvania) and several U.S. and State Highways serve the Town including U.S. Route 9 and N.Y.S. Routes 9D, 82, and 376. Frequent bus service is available by the Dutchess County Loop System which provides intra -county service. Metro North Railroad provides a commuter service to New York City via the Hudson Line, with stops at Poughkeepsie, New Hamburg and Beacon. Commercial air transportation is available at nearby Stewart Airport located in Orange County. UTILITIES Electricity and natural gas are supplied throughout the Town by Central Hudson Gas & Electric Corp Telephone service is provided by Verizon. CULTURE AND RECREATION Several libraries are available to residents of the Town of Wappinger. Grinnell Library, a member of the Mid - Hudson Library System, located within the Town, offers a variety of services. The library at Dutchess County Community College is open to the public for reference work. The Town of Wappinger has several recreation areas open to residents. There are facilities for baseball, soccer, tennis, skills and crafts and picnic areas. Activities for special groups including senior citizens are available. I7 INDEBTEDNESS OF THE TOWN CONSTITUTIONAL REQUIREMENTS The New York State Constitution limits the power of the Town (and other municipalities and school Towns of the State) to issue obligations and to otherwise contract indebtedness. Such constitutional limitations include the following, in summary form, and are generally applicable to the Town and its obligations. Purpose and Pledge Subject to certain enumerated exceptions, the Town shall not give or loan any money or property to or in aid of any individual or private corporation or give or loan its credit to or in aid of any of the foregoing or any public corporation. The Town may contract indebtedness only for a Town purpose and shall pledge its faith and credit for the payment of principal of and interest thereon. Payment and Maturity Except for certain short-term indebtedness contracted in anticipation of taxes or to be paid within three fiscal year periods, indebtedness shall be paid in annual installments commencing no later than two years after the date such indebtedness shall have been contracted and ending no later than the expiration of the period of probable usefulness of the object or purpose as determined by statute or, in the alternative, the weighted average period of probable usefulness of the several objects or purposes for which it is contracted. No installment may be more than fifty per centum in excess of the smallest prior installment, unless the Town determines to issue a particular debt obligation amortizing on the basis of substantially level or declining debt service. The Town is required to provide an annual appropriation for the payment of interest due during the year on its indebtedness and for the amounts required in such year for amortization and redemption of its serial bonds and such required annual installments on its notes. Debt Limit The Town has the power to contract indebtedness for any Town purpose so long as the principal amount thereof shall not exceed seven percentum of the average full valuation of taxable real estate of the Town and subject to certain enumerated exclusions and deductions such as water and certain sewer facilities and cash or appropriations for current debt service. The constitutional method for determining full valuation is by taking the assessed valuation of taxable real estate for the last completed assessment roll and applying thereto the ratio which such assessed valuation bears to the full valuation as determined by the State Board of Real Property Services (the "State Board"). The State Legislature is required to prescribe the manner by which such ratio shall be determined. Average full valuation is determined by taking the sum of the full valuations of such last completed assessment roll and the four preceding assessment rolls and dividing such sum by five. STATUTORY PROCEDURE In general, the State Legislature has authorized the powers and procedure for the Town to borrow and incur indebtedness by the enactment of the Local Finance Law, subject, of course, to the constitutional provisions set forth above. The power to spend money, however, generally derives from other law, including specifically the General Municipal Law of New York State and the Town Law. Pursuant to the Local Finance Law, the Town authorizes the issuance of bonds by the adoption of a resolution, approved by at least two-thirds of the members of the Town Board, the finance board of the Town. Customarily the Town has delegated to the Supervisor, as chief fiscal officer of the Town, the power to authorize and sell bond anticipation notes in anticipation of authorized bonds. The Local Finance Law also provides that where a bond resolution is published with a statutory form of notice, the validity of the bonds authorized thereby, including bond anticipation notes issued in anticipation of the sale thereof, may be contested only if: 10 1) Such obligations are authorized for a purpose for which the Town is not authorized to expend money, or 2) There has not been substantial compliance with the provisions of law which should have been complied with in the authorization of such obligations and an action contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. The Local Finance Law also provides an estoppel procedure whereby a bond resolution is published. Except on rare occasions the Town complies with this estoppel procedure. It is a procedure that is recommended by Bond Counsel, but it is not an absolute legal requirement. Each bond resolution usually authorizes the construction, acquisition or installation of the object or purpose to be financed, sets forth the plan of financing and specifies the maximum maturity of the bonds subject to the legal (Constitution, Local Finance Law and case law) restrictions relating to the period of probable usefulness with respect thereto. The Town has authorized bonds for a variety of Town objects or purposes. Statutory law in New York permits bond anticipation notes to be renewed each year provided annual principal installments are made in reduction of the total amount of such notes outstanding, commencing no later than two years from the date of the first of such notes, and provided that such renewals do not extend five years beyond the original date or borrowing (See Payment and Maturity under Constitutional Requirements herein). In general, the Local Finance Law contains provisions providing the Town with power to issue certain other short-term general obligation indebtedness including revenue and tax anticipation notes and budget notes. CONSTITUTIONAL DEBT LIMIT Pursuant to Article VIII of the New York State Constitution, the debt limit of the Town is as follows: TABLE 6 COMPUTATION OF DEBT CONTRACTING LIMITATION AS OF SEPTEMBER 18, 2000 Assessment For Fiscal Roll Year Ended Assessed Equalizatio Full n Completed in December 31 Valuation Rate (a) Valuation 1995 1996 $868,607,880 70.52% $1,231,718,491 1996 1997 876,145,676 71.10 1,232,272,399 1997 1998 881,827,181 71.27 1,237,304,870 1998 1999 878,838,070 71.17 1,234,843,431 1999 2000 882,550,827 69.51 1,269,674,618 Total Five -Year Full Valuation Average Five -Year Full Valuation Debt Limit - 7% of Average Full Valuation 11 6,205,813,809 1,241,162,762 $ 86,881,393 TABLE 7 STATEMENT OF DEBT CONTRACTING POWER AS OF SEPTEMBER 18, 2000 Debt Limit: Gross Indebtedness: Serial Bonds Bond Anticipation Notes Total Gross Indebtedness Less Exclusions: Water Serial Bonds Water BANs Budgetary Appropriations Total Exclusions Total Net Indebtedness Amount Percentage $86,881,393 100.00% 18,367,000 21.14 4,814,455 5.54 23,181,455 26.68 1,448,050 500,000 166,800 2,114,850 21,066,605 Net Debt Contracting Margin $65,814,788 SHORT-TERM INDEBTEDNESS TABLE 8 BOND ANTICIPATION NOTES AS OF SEPTEMBER 18, 2000 1.67 0.57 0.19 2.43 24.25 75.75% $4,814,455 (a) Short-term loan issued through NYS Environmental Facilities Corp which will be permanently financed during 2001. PROSPECTIVE CAPITAL FINANCINGS After the sale of the Bonds the Town will have approximately $7.7 million remaining authorized but unissued debt to pay for the cost of construction and installation of sewer improvements in the Town and approximately $240,000 for highway equipment. The Town expects to issue this debt during the next year. 12 Original Maturity Amount Purpose Issue Date Date Outstanding (a) Wappingers Sewer Transmission/Treatment 9-17-91 07-06-01 $785,000 Sewer #4 7-11-96 07-06-01 170,000 Castle Point Landfill 7-09-98 07-06-01 250,000 Purchase of Land 7-09-98 07-06-01 70,000 Wappingers Sewer (Phase 3A) (a) 7-22-99 N/A 2,676,455 Highway Equipment 12-23-99 12-23-00 363,000 Wappinger Emergency Water 07-06-00 07-06-01 500,000 $4,814,455 (a) Short-term loan issued through NYS Environmental Facilities Corp which will be permanently financed during 2001. PROSPECTIVE CAPITAL FINANCINGS After the sale of the Bonds the Town will have approximately $7.7 million remaining authorized but unissued debt to pay for the cost of construction and installation of sewer improvements in the Town and approximately $240,000 for highway equipment. The Town expects to issue this debt during the next year. 12 DEBT SERVICE SCHEDULE The following Table shows the annual debt service requirements on all outstanding Town bonds. (a) TABLE 9 Outstanding Bonded Debt Fiscal Year Ending Total December 31: Principal Interest* Debt Service 2000 (a) 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Total As of September 18, 2000. $ 188,000 1,465,000 1,490,000 1,475,000 1,452,000 1,247,000 1,175,000 1,205,000 1,245,000 1,280,000 1,330,000 1,360,000 1,195,000 845,000 880,000 435,000 30,000 35,000 35,000 $181367,000 $ 364,083 1,107,730 1,022,266 934,516 848,957 767,372 692,286 618,991 542,691 463,246 380,073 293,308 203,763 125,285 69,940 24,215 5,142 3,605 1,802 $8,469,271 $ 552,083 2,572,730 2,512,266 2,409,516 2,300,957 2,014,372 1,867,286 1,823,991 1,787,691 1,743,246 1,710,073 1,653,308 1,398,763 970,285 949,940 459,215 35,142 38,605 36,802 $26,836,271 Includes interest on $13,685,000 outstanding serial bonds financed through NYS Environmental Facilities Corporation. Pursuant to said financings, the Town expects to receive approximately $3,262,000 in interest subsidies over the remaining life of the bonds. These subsidies are not reflected in the interest figures shown above. 13 PRINCIPAL AMORTIZATION BY PURPOSE TABLE 10 OUTSTANDING BONDS Fiscal Year Ending December 31: General Highway Drainage Water Sewer Total 2000 (a) 55,000 $ -0- $ -0- $ 21,200 $ 111,800 $ 188,000 2001 135,425 10,200 135,500 183,350 1,000,525 1,465,000 2002 135,425 10,200 135,500 183,350 1,025,525 1,490,000 2003 140,425 134,500 184,350 1,015,725 1,475,000 2004 145,425 120,500 171,650 1,014,425 1,452, 000 2005 150,425 113,500 70,650 912,425 1,247,000 2006 75,000 117,000 67,500 915,500 1,175,000 2007 80,000 120,000 68,000 937,000 1,205,000 2008 85,000 122,000 69,000 969,000 1,245,000 2009 90,000 126,000 69,000 995,000 1,280,000 2010 100,000 130,000 70,000 1,030,000 1,330,000 2011 105,000 130,000 70,000 1,055,000 1,360,000 2012 110,000 30,000 1,055, 000 1,195,000 2013 115,000 30,000 700,000 845,000 2014 125,000 30,000 725,000 880,000 2015 30,000 405,000 435,000 2016 30,000 30,000 2017 35,000 35,000 2018 35,000 35,000 Total $1,647,125 $20,400 $1,384,500 $1,448,050 $13,866,925 $18,367,000 (a) As of September 18, 2000. TREND OF BOND INDEBTEDNESS TABLE 11 BONDED DEBT HISTORY Fiscal Year Ended December 31: 1992 1993 1994 1995 1996 1997 1998 1999 14 Gross Bonded Debt $14,618,000 13,930,000 23,051,786 24,549,054 23,191,000 21,793,000 20,860,000 19,427,000 OVERLAPPING DEBT The real property taxpayers of the Town of Wappinger are responsible for a proportionate share of outstanding debt obligations of Dutchess County, the Village of Wappingers Falls and the central schools situated in the Town. Such taxpayers' share of this overlapping debt is based upon the amount of the Town's equalized property values taken as a percentage of each separate units' total values. The following table presents the amount of overlapping debt and the Town's estimated share of this debt. Authorized but unissued debt has not been included. TABLE 12 DEBT RATIOS The following Table presents certain debt ratios relating to the Town's indebtedness as of September 18, 2000. TABLE 13 DIRECT AND OVERLAPPING DEBT RATIOS Per Net Amount Percent Applicable Gross Direct Debt $23,181,455 Date of Overlapping Net Direct Debt 21,066,605 Applicable Net Overlapping Units Report Indebtedness (a) The population of the Town, according to U.S. Census Data Estimate (1998) is 26,708. To Town Indebtednes the State Board is 69.51 % yielding a full valuation of $1,269,674,618. S County of Dutchess 02-16-00 $ 79,160,000 (a) 9.10% $ 7,203,560 Village of Wappingers Falls 05-31-98 678,700 (b) 85.00 576,895 Wappingers Central School District 06-30-99 9,336,000 (c) 30.18 2,817,605 Arlington Central School District 06-30-99 27,486,520 (c) 0.90 247,379 Beacon City School District 06-30-99 6,682,070 (c) 11.10 741,710 Total $123,343,290 $11,587,149 (a) No exclusions. (b) Net of $1,336,300 sewer debt. (c) Net of State school building aid. DEBT RATIOS The following Table presents certain debt ratios relating to the Town's indebtedness as of September 18, 2000. TABLE 13 DIRECT AND OVERLAPPING DEBT RATIOS 15 Per Full Amount Capita (a) Value (b) Gross Direct Debt $23,181,455 $ 868 1.83% Net Direct Debt 21,066,605 789 1.66 Net Direct and Overlapping Debt 32,653,754 1,223 2.57 (a) The population of the Town, according to U.S. Census Data Estimate (1998) is 26,708. (b) Assessed real property valuation fortaxes levied in fiscal 2000 is $882,550,827. The Town's equalization rate established by the State Board is 69.51 % yielding a full valuation of $1,269,674,618. 15 DISCUSSION OF FINANCIAL MATTERS BUDGETARY PROCEDURE The budget process, including preparation, approval and amendment thereof, is determined by Article 8 of the Town Law. As noted, the Supervisor is the Town's budget officer and is required by law to file a tentative budget with the Town Clerk on or before September 30 of each year. The tentative budget is submitted to the Town Board not later than October 5; following review and modification, a preliminary budget hearing is held by the 15th of November. At this hearing, members of the public may express opinions which the Board may take under advisement. Approval of the budget is not subject to a vote of the electorate and the Town Board may make changes following the hearing process. The Board is required to adopt the final annual budget by November 20. From time to time, the Town Board may make changes or modifications in the amount of annual appropriations subject to legal provisions. The budget for fiscal 1999 may be found under Summary of Adopted Budget herein. INVESTMENT POLICY Pursuant to Section 39 of the State's General Municipal Law, the Town has an investment policy applicable to the investment of all moneys and financial resources of the Town. The responsibility for the investment program has been delegated by the Board of Education to the Director of Financial Services who was required to establish written operating procedures consistent with the Town's investment policy guidelines. According to the investment policy of the Town, all investments must conform to the applicable requirements of law and provide for: the safety of the principal; sufficient liquidity; and a reasonable rate of return. Authorized Investments The Town has designated five banks or trust companies located and authorized to conduct business in the State to receive deposits of money. The Town is permitted to invest in special time deposits or certificates of deposit. In addition to bank deposits, the Town is permitted to invest moneys in direct obligations of the United States of America, obligations guaranteed by agencies of the United States where the payment of principal and interest are further guaranteed by the United States of America and obligations of the State. Other eligible investments for the Town include: revenue and tax anticipation notes issued by any municipality, school Town or Town corporation other than the Town (investment subject to approval of the State Comptroller); obligations of certain public authorities or agencies; obligations issued pursuant to Section 109(b) of the General Municipal Law (certificates of participation) and certain obligations of the Town but only with respect to moneys of a reserve fund established pursuant to Section 6 of the General Municipal Law. The Town may also utilize repurchase agreements to the extent such agreements are based upon director guaranteed obligations of the United States of America. Repurchase agreements are subject to the following restrictions, among others: all repurchase agreements are subject to a master repurchase agreement; trading partners are limited to banks or trust companies authorized to conduct business in the State or primary reporting dealers as designated by the Federal Reserve Bank of New York; securities may not be substituted; and the custodian for the repurchase security must be a party other than the trading partner. All purchased obligations, unless registered or inscribed in the name of the Town, must be purchased through, delivered to and held in the custody of a bank or trust company located and authorized to conduct business in the State. Collateral Requirements All Town deposits in excess of the applicable insurance coverage provide by the Federal Deposit Insurance Act must be secured in accordance with the provisions of and subject to the limitations of Section 10 of the General Municipal Law of the State. Such collateral must consist of the "eligible securities" "eligible surety bonds," or "eligible letter of credit" as described in the law. Eligible securities pledged to secure deposits must be held by the depository or third party bank or trust company pursuant to written security and custodial agreements. The Town's security agreements provide that the aggregate market value of pledged securities must equal or exceed the principal amount of deposit, the agreed upon interest, if any, and any costs or expenses arising from the collection such deposits in the event of a default. Securities not registered or inscribed in the name of the Town must be delivered, in a form suitable for transfer or with an assignment in blank, to the Town or its designated custodial bank. The 16 custodial agreements used by the Town provide that pledged securities must be kept separate and apart from the general assets of the custodian and will not, under any circumstances, be commingled with or become part of the backing for any other deposit or liability. The custodial agreement must also provide that the custodian shall confirm the receipt, substitution or release of the collateral, the frequency of revaluation of eligible securities and the substitution of collateral when a change in the rating of a security may cause ineligibility. An eligible irrevocable letter or credit may be issued, in favor of the Town, by a qualified bank other than the depository bank. Such letters may have a term not to exceed 90 days and must have an aggregate value equal to 140% of the deposit obligations and the agreed upon interest. Qualified banks include those with commercial paper or other unsecured or short-term debt ratings within one of the three highest categories assigned by at least one nationally recognized statistical rating organization or a bank that is in compliance with applicable Federal minimum risk-based capital requirements. An eligible surety bond must be underwritten by an insurance company authorized to do business in the State which has claims paying ability rated in the highest rating category for claims paying ability by at least two nationally recognized statistical rating organizations. The surety bond must be payable to the Town in an amount equal to 100% of the aggregate deposits and the agreed interest thereon. FINANCIAL OPERATIONS The Town Supervisor functions as the chief fiscal officer as provided in Section 2 of the Local Finance Law; in this role, the Supervisor is responsible for the Town's accounting and financial reporting activities, which are delegated to and carried out by the Town Comptroller. In addition, the Supervisor is also the Town's budget officer and must therefore prepare the annual tentative budget for submission to the Town Board. Budgetary control during the year is the responsibility of the Town Comptroller. Pursuant to Section 30 of the Local Finance Law, the Supervisor has been authorized to issue or renew certain specified types of bonds. As required by law, the Supervisor must execute an authorizing certificate which then becomes a matter of public record. The Town Board, as a whole, serves as the finance board of the Town and is responsible for authorizing, by resolution, all material financial transactions such as operating and capital budgets and bonded debt. The accounting system of the Town is maintained on a modified accrual basis. Under the modified accrual basis, revenues are normally recognized in cash except those revenues which are susceptible to accrual, meaning the revenue is measurable and available to finance current operations. Expenditures are generally recognized as incurred except: prepaid items are not recorded and interest on long-term debt is recorded when due. Employee pensions are not accounted for on the accrual method in that these plans are administered by New York State who bills the Town each year. Town finances are operated primarily through the General and Highway Funds. All real property taxes and most of the other Town revenues are credited to these funds. Current operating expenditures are paid from these funds subject to available appropriations. The Town also has water and sewer districts, which are accounted for within separate funds. The primary sources of income for these Towns comes from special assessments levied against district properties at the same time real estate taxes are levied. Capital projects and equipment purchases are accounted for in special capital projects funds. The Town observes a calendar year (January 1 through December 31) for operating and reporting purposes. The Town prepares an annual financial report which must be filed with the State Comptroller. The Town also retains a firm of independent auditors. The most recent completed audit is for the fiscal year ended December 31, 1998 and is presented, with the approval of the auditors, in Appendix A hereto. Financial statements for the fiscal years ended December 31, 1994 through 1998 may be found in Appendix B, hereto. BASIS OF ACCOUNTING The Town's governmental funds are accounted for on a modified accrual basis of accounting. Under the modified accrual basis, revenues are recognized when they become susceptible to accrual - that is, when they become "measurable" and "available" to finance expenditures of the current period. Revenues susceptible to accrual include real property taxes and state aid. Expenditures are generally recognized when the fund liability is incurred. Exceptions to this general rule are (1) certain payments to employee retirement systems which are recorded in the General Long -Term Debt Account Group and recognized as an expenditure when due (2) unmatured interest on general long-term debt which is recognized as an expenditure when due and (3) compensated absences which are charged to expenditures when paid and recorded in the General Long -Term Debt Account Group. 17 FUND STRUCTURE AND ACCOUNTS The Town utilizes fund accounting to record and report its various service activities. A fund represents both a legal and an accounting entity which segregates the transactions of specific programs in accordance with special regulations, restrictions or limitations. There are three basic fund types: (1) governmental funds that are used to account for basic services and capital projects; (2) proprietary funds that account for operations of a commercial nature, and; (3) fiduciary funds that account for assets held in a trustee capacity. Account groups, which do not represent funds, are used to record fixed assets and long-term obligations that are not accounted for in a specific fund. The Town presently maintains the following governmental funds: General Fund, Highway Fund, Water Town Funds, Sewer Town Funds, Ambulance Town Fund, Lighting Town Fund and Capital Projects Fund. Fiduciary funds consist of a Trust and Agency Fund. There are no proprietary funds. An account group is maintained for general long-term debt. The Town also maintains an account group for fixed assets. REVENUES The Town derives its revenues, primarily from real property taxes and special assessments, State aid and departmental fees and charges. A summary of such revenues for the years 1994-1998 is presented in Appendix B, hereto. Information for the fiscal year ended December 31, 1995 through 1998 has been obtained from audited financial statements, however, such presentation has not been audited. Information for fiscal year 1999 is unaudited. State Aid The Town receives financial assistance from the State. In its budget for the current fiscal year, approximately 13.9% of the General and Highway Fund revenues of the Town are estimated to be received in the form of State aid. If the State should experience difficulty in borrowing funds in anticipation of the receipt of State taxes in order to pay State aid to municipalities and school Towns in the State, including the Town, in any year, the Town may be affected by a delay in the receipt of State aid until sufficient State taxes have been received by the State to make State aid payments. Additionally, if the State should not adopt its budget in a timely manner, municipalities and school Towns in the State, including the Town, may be affected by a delay in the payment of State aid. The State is not constitutionally obligated to maintain or continue State aid to the Town. No assurance can be given that present State aid levels will be maintained in the future. In view of the State's continuing budget problems, future State aid reductions are likely. State budgetary restrictions which eliminate or substantially reduce State aid could have a material adverse effect upon the Town during its current fiscal year as well as in the future, requiring either a counterbalancing increase in revenues from other sources to the extent available, or a curtailment of expenditures (See also Risk Factors). PENSION SYSTEM See "Notes to the Financial Statements - Note 9" in Appendix A hereto. 18 REAL PROPERTY TAX INFORMATION REAL PROPERTY TAXES AND ASSESSMENTS The Town derives the largest portion of its annual revenues through ad valorem real property taxes and special assessment taxes. The following table shows the trend during the last four fiscal years and the current fiscal year for taxable assessed valuations, state equalization rates, full valuations, real property taxes, special assessments and real property tax rates per $1,000 assessed valuation. Fiscal year: 1996 1997 1998 1999 2000 Utility $17,747,521 Taxable Value $868,607,880 $876,145,676 $881,827,181 $878,838,070 $882,550,827 Equalization Rate 70.52% 71.10% 71.27% 71.17% 69.51% Full Value 1,231,718,491 1,232,272,399 1,237,304,870 1,234,843,431 1,269,674,618 Town Tax Levy: Utility 5,036,000 0.57 Shopping Center 5,020,000 General & Highway 2,560,026 2,566,042 2,609,740 2,584,500 2,619,000 Special Towns (a) 3,315,801 3,352,488 3,299,951 3,393,627 3,216,436 Amount Uncollected (b) None None None None None Tax Rate: (c) General & Highway: Homestead $2.61 $2.51 $2.55 $2.55 $2.55 Non -Homestead 5.03 5.02 5.18 4.94 5.07 (a) Includes Water, Sewer, Lighting, Park, Ambulance and Fire Towns. (b) See Tax Collection Procedures on the following page. (c) Per $1,000 assessed value. Source: Office of the Town Supervisor and the State Board. MAJOR TAXPAYERS The following table presents the taxable assessments of the ten largest taxpayers on the 1999 tax roll. Taxpayer Central Hudson Gas S Electric Rosenberg & Silver (Chelsea Ridge) Imperial Plaza Pizzagalli Development Co. Bell Atlantic Alpine Company Route 376 Associates Con Edison Wappingers Falls Plaza A.R. Fuels (Village Crest Apts.) Total of Ten Largest Taxpayers: TAX COLLECTION PROCEDURES % of Total Nature of Assessed Assessed Business Valuation Valuation Utility $17,747,521 2.02% Apartments 17,700,000 2.01 Shopping Center 10,660,000 1.21 Offices 10,433,000 1.19 Utility 9,400,000 1.07 Shopping Center 9,200,000 1.05 Warehouse 5,332,500 0.61 Utility 5,036,000 0.57 Shopping Center 5,020,000 0.57 Apartments 4,449,000 0.51 $94,978,021 10.81% Taxes may be paid in full or in three installments. No penalty is imposed on payments made by February 28th. Penalties on both delinquent taxes and installments paid subsequent to February 28th are imposed as follows: 2% on payments made from March 1st to May 31st and 4% on payments made from June 1st to August 31st. Unpaid tax bills are returned to the Dutchess County Commissioner of Finance in September. At such time, the Town retains the total amount of Town, Highway and Special Town levies from the total collections and returns the balance plus the uncollected items to the County, which assumes responsibility for ultimate collection and enforcement of delinquent taxes and holds annual tax sales. 19 LITIGATION The Town from time to time receives notices of claim and is party to litigation. In the opinion of the Town Attorney, unless otherwise set forth herein and apart from matters provided for by applicable insurance coverage, there are no claims or actions pending which, if determined against the Town, would have an adverse material effect on the financial condition of the Town. Certain property owners have filed certiorari petitions under Article 7 of the Real Property Tax Law. Such petitions allege that property values as presently determined are excessive and request assessment reductions and, in most actions, a refund of property taxes previously paid. According to the Town, the expected liability, if any, is not substantial. RISK FACTORS There are various forms of risk associated with an investment in the Bonds. The following is a discussion of certain events that could affect the risk of investing in the Bonds. In addition to the matter discussed herein, there are other potential risk factors or conditions which a prospective investor must consider. In order to make an informed investment decision, an investor should be thoroughly familiar with the entire Official Statement, including its appendices, as well as all areas of potential risk. The financial and economic condition of the Town, as well as the market for the Bonds, could be affected by a variety of factors, some of which are beyond the Town's control. There can be no assurance that adverse events in the State and in other jurisdictions in the country, including, for example, the seeking by a municipality or large taxable property owner of remedies pursuant to the Federal Bankruptcy Code or otherwise, will not occur which might affect the market price of and the market for the Bonds. If a significant default or other financial crisis should occur in the affairs of the State or another jurisdiction, or of any of their respective agencies or political subdivisions thereby further impairing the acceptability of obligations issued by borrowers within the State, the ability of the Town to arrange for additional borrowings and the market for and market value of outstanding debt obligations, including the Bonds, could be adversely affected. The Town's revenues are generated in large part by real property taxes and there can be no assurance that such tax revenues over time will be maintained at any level or that such revenues will be received in a timely fashion by the Town. General economic conditions affecting the Town, including, for example, unemployment and inflation, and unusual or unexpected events such as the termination of major commercial operations within the Town or a natural catastrophe could adversely affect both the assessed value of the land within the Town and the ability of property owners to make timely payments of their taxes. The Town receives a substantial amount of revenue from a distributive share of the County sales tax. For 1999, the Town received $829,849 from this source which represents 14.4% of the Town's General Fund revenue. The current budget includes $660,000 as estimated revenue from the County sales tax. Sales tax distributions to the Town depend on economic activity and general business conditions of the County, State and national levels. Another significant source of revenue for the Town is the State mortgage tax which is a fee assessed at the time a mortgage is recorded. For the year ended December 31, 1999, the Town received $609,190 from the State mortgage tax. The fee is based on $0.75 for each $100 of debt secured by a mortgage on real property. Fifty cents of the tax is retained by the County and paid to each city, town and village in the County. If no tax is collected within a community, no mortgage tax money is distributed to such community. The amount of mortgage tax money paid to the Town is affected by conditions in real estate market as well as interest rate levels. The Town's expenditures may increase substantially in the future. For example, the Town could be required to make substantial capital expenditures or could be required to refund substantial tax revenues as a result of adverse tax certiorari proceedings (See "Litigation And Contingencies" herein). There can be no assurance that the Town will not be required to issue additional debt to generate funds to pay these expenditures (See "Capital Programs" herein) and that the Town's real property taxes and other revenues will be sufficient to pay both the Bonds and additional debt. If and when a holder of any of the Bonds elects to sell a Bond prior to its maturity, there can be no assurance that a market shall have been established, maintained and be in existence for the purchase and sale of any 20 Bonds. In addition, the price or principal value of the Bonds is dependent on the prevailing level of interest rates. If interest rates increase, the price of a bond will decline causing the bondholder to incur a capital loss upon the sale of such bond. (Also, See "Ratings" herein) Amendments to Federal Internal Revenue Code could reduce or eliminate the favorable tax treatment granted to municipal debt including the Bonds and other debt issued by the Town. Any such future legislation would have an adverse effect on the market value of the Bond (See "Tax Exemption" herein). TAX EXEMPTION In the opinion of Bond Counsel, assuming continuing compliance by the Town with its covenants relating to certain requirements contained in the Internal Revenue Code of 1986 (the "Code"), interest on the Bonds is not includable in the gross income of the owners thereof for Federal income tax purposes under existing statutes and court decisions. Moreover, interest on the Bonds is not an "item of tax preference" for purposes of the individual and corporate alternative minimum taxes imposed by the Code. However, interest on the Bonds is includable in the "adjusted current earnings" of a corporate owner of the Bonds and 75% of the interest on the Bonds is thus includable in the tax base for computing a corporation's liability with respect to the 20% alternative minimum tax. Moreover, interest on the Bonds may be subject to a branch profits tax of up to 30% when owned by certain foreign corporations. Furthermore, interest on the Bonds may be subject to a tax at ordinary income rates when owned by "S Corporations" in certain cases. Interest on the Bonds is exempt from personal income taxes imposed by the State or any political subdivision thereof, including the City of New York. Among other things, the Code requires that, under certain circumstances, the yield on investments acquired with the proceeds of obligations be restricted and that an amount equal to the net arbitrage earnings from the investment of the proceeds thereof be paid to the Federal Government. If, in those circumstances, the Town were to intentionally fail to restrict the yield on such investments, or to fail to make the required payments to the Federal Government within the periods and in the manner specified by the Code, with regard to both the Bonds and any obligations refunded with proceeds of the Bonds, or fail to comply with certain other provisions of the Code, interest on the Bonds would be subject to Federal income taxes from their date of issuance unless, in the case of a failure to make the required payments to the Federal Government on a timely basis, such noncompliance was not due to willful disregard and relief was sought from and granted by the Internal Revenue Service. The Town will covenant in its arbitrage certificate with respect to the Bonds that it will take all actions on its part necessary under the Code to cause interest on the Bonds not to be includable in the gross income of the owners thereof for Federal income tax purposes, including compliance with the requirements set forth above, to the extent the same are applicable, and refrain from taking any action which would cause interest on the Bonds to be includable in the gross income of the owners thereof for Federal income tax purposes. The opinion of Bond Counsel set forth above with respect to the Federal income tax treatment of interest paid on the Bonds is based upon the current provisions of the Code. There can be no assurance that the Code will not be amended in the future so as to reduce or eliminate such favorable Federal income tax treatment on the Bonds. Any such future legislation would have an adverse effect on the market value of the Bonds. Bond Counsel expresses no opinion regarding other Federal income tax consequences arising with respect to the Bonds. LEGAL MATTERS The legality of the authorization and issuance of the Bonds will be covered by the unqualified legal opinion of Willkie Farr & Gallagher, Bond Counsel, New York, New York. Such legal opinion will state that in the opinion of Bond Counsel (i) the Bonds have been authorized and issued in accordance with the Constitution and statutes of the State and constitute valid and legally binding general obligations of the Town, all the taxable real property within which is subject to the levy of ad valorem taxes to pay the Bonds and interest thereon, without limitation as to rate or amount, (ii) the Town has the power to comply with its covenants included in its arbitrage certificate with respect to the Bonds relating to compliance with the Code as it relates to the Bonds provided, however, that the enforceability (but not the validity) of the Bonds: (a) may be limited by any applicable existing or future bankruptcy, insolvency or other law (State or Federal) affecting the enforcement of creditors' rights, and (b) may be subject to the exercise of judicial discretion in appropriate cases; and (iii) assuming that the Town complies with such covenants, interest on the Bonds is 21 not includable in the gross income of the owners thereof for Federal income tax purposes under existing statutes and court decisions. Moreover, interest on the Bonds is not an "item of tax preference" for purposes of the individual and corporate alternative minimum taxes imposed by the Code. However, interest on the Bonds is includable in the "adjusted current earnings" of a corporate owner of the Bonds and 75% of the interest on the Bonds is thus includable in the tax base for computing a corporation's liability with respect to the 20% alternative minimum tax. Moreover, interest on the Bonds may be subject to a branch profits tax of up to 30% when held by certain foreign corporations. Furthermore, interest on the Bonds may be subject to a tax at ordinary income rates when owned by "S Corporations" in certain cases. Interest on the Bonds is exempt from personal income taxes imposed by the State or any political subdivision thereof, including The City of New York. Bond Counsel will express no opinion regarding other Federal income tax consequences arising with respect to the Bonds. Such legal opinion will also state that (i) in rendering the opinion expressed therein, Bond Counsel has assumed the accuracy and truthfulness of all public records, documents and proceedings examined by Bond Counsel which have been executed or certified by public officials acting within the scope of their official capacities, and has not verified the accuracy or truthfulness thereof, and Bond Counsel also has assumed the genuineness of the signatures appearing upon such public records, documents and proceedings and such certifications; (ii) the scope of Bond Counsel's engagement in relation to the issuance of the Bonds has extended solely to the examination of the facts and law incident to rendering the opinions expressed therein; (iii) the opinions expressed therein are not intended and should not be construed to express or imply any conclusion that the amount of real property subject to taxation within the boundaries of the Town together with other legally available sources of revenue, if any, will be sufficient to enable the Town to pay the principal of and interest on the Bonds as the same respectively become due and payable; (iv) reference should be made to the Official Statement for factual information which, in the judgment of the Town would materially affect the ability of the Town to pay such principal and interest; and (v) while Bond Counsel has participated in the preparation of the Official Statement, Bond Counsel has not verified the accuracy, completeness or fairness of the factual information contained therein and, accordingly, no opinion is expressed by Bond Counsel as to whether the Town, in connection with the sale of the Bonds, has made any untrue statement of a material fact, or omitted to state a material fact necessary in order to make any statements made, in the light of the circumstances under which they were made, not misleading. RATINGS The Bonds are rated Aaa by Moody's Investors Service ("Moody's") based upon a new issue municipal bond insurance policy issued by the Financial Guaranty Insurance Company ("FGIC") simultaneously with the delivery of the Bonds. The significance of such insurance as well as the terms and conditions thereof should be obtained from FGIC, 115 Broadway, New York, New York 10006. Moody's has assigned a rating of Al to the outstanding uninsured bonds of the Town. Such rating reflects only the view of such organization and an explanation of the significance of such rating may be obtained only from such rating agency. There can be no assurance that such rating will continue for any significant period of time or that such rating will not be revised or withdrawn, if in the judgement of Moody's circumstances so warrant. Any such change or withdrawal of such rating may have an adverse effect on the market price of the Notes or the availability of a secondary market for the Notes. FINANCIAL ADVISOR Public Finance Associates, Inc., Hopewell Junction, New York, (914) 227-8678, has acted as the financial advisor to the Town in connection with the sale of Bonds. 22 ADDITIONAL INFORMATION Additional information may be obtained from the Office of the Town Supervisor, Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590, telephone (914) 297-2744. Any statements in this Official Statement involving matters of opinion or estimates, whether or not expressly so stated, are intended as such and not as representations of fact. No representation is made that any of such statements will be realized. This Official Statement is not to be construed as a contract or agreement between the Town and the original purchasers or holders of any of the Bonds. BY: /s/ CONSTANCE O. SMITH SUPERVISOR AND CHIEF FISCAL OFFICER OF THE TOWN OF WAPPINGER DATED: SEPTEMBER 26, 2000 WAPPINGERS FALLS, NEW YORK 23 APPENDIX A INDEPENDENT AUDITORS REPORT COMBINED FINANCIAL STATEMENTS WITH NOTES THERETO YEAR ENDED DECEMBER 31, 1998 Sedore & Company Certified Public Accountants, P.C. Armes L Sedorr. Jr.. CPA P D. Box 918 . 62 East Main Street • Wappingers Falls, NY 12590 IIlarF S. O Sullivan. C.P.A. (9141297-1111 . Fax (914)297-1432 .lmnei F. Learrio, Jr.. CPA Teresa.. Banchi. CPA. Linda X Hannigan. C.P 4 To the Supervisor and Members of the Town Board Town of Wappinger, New York Wappingers Falls, New. York 12590 Bearon 191418.31-0.54l Xt humh 1914/565-1373 We have audited the accompanying general purpose financial statements of the Town of Wappinger, New York as of December 31, 1998, and for the year then ended as listed in the foregoing Table of Contents. These general purpose financial statements are the responsibility of the Town of Wappinger, New York's management. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards, and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of the Town of Wappinger, New York as of December 31, 1998, and the results of its operations for the year then ended in conformity with generally accepted accounting principles. In accordance with Gbwrnment Auditing Standards, we have also issued our report dated December 2, 1999 on our consideration of the Town of Wappinger, New York's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts and grants. Wappingers Falls, New York December 2, 1999 Sedore & Com pany Certified Public Accountants, P.C. Janiec L Sedore,, Jr. C.P.A. P 0. Box 918 . 62 East .blain Street • WPPrngers Falls, NY 12590 .IlartS OSul/ican. C.PW 1amev F. L.raeno, Jr. C.PJ.. (914) 297-1111 • Fax (914) 297-1432 Braron (914)831-054Z Terera.l Banrdi, CPA. www.sedoreandcompanycom Linda ,IL Hannigan. CP.,1 �rr�6ure/i (914)565-1373 REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF GENERAL PURPOSE FINANCIAL STATEMENTS PERFORMW IN ACCORDANCE To the Supervisor and Members of the Town Board Town of Wappinger Wappingers Falls, New York We have audited the general propose financial statements of the Town of Wappinger, New York, as of and for the year ended December 31, 1998, and have issued our report thereon dated December 2, 1999. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. As part of obtaining reasonable assurance about whether the Town of wappinger, New York's general purpose financial statements are free of material misstatement, we performed tests of its compliance with certain ps+ovisions of laws, regulations, contracts and grants, noncompliance with which could have a direct and material effort on thedetermination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Gownvnent Auditing Standards. We also noted certain immaterial instances of noncompliance that we have reported to the management of the Town of Wappinger, New York, in the Schedule of Findings and Recommendations listed in the Table of Contents. In planning and performing our audit, .we considered the Town of Wappinger, New York's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the general purpose financial statements and not to provide assurance on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control H over financial reporting that might be material weaknesses. A mateoal wed is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low levd the risk that misstatements in amounts that would be material in relation to the general purpose financial statements being audited may occur and not be detected within a timely period by employee in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material vmakusses. We noted other matters invohring the internal control over financial reporting that we have reported to the management of the Town of Wappinger, New York, in the Schedule of Findings and Recommendations listed in the Table of Contents. This report is intended for the information of the Supervisor, Town Board and Management. However, this report is a matter of public record and its distribution is not limited. Wappingers Falls, New York U December 2, 1999 TOWN OF WA TINGER, NEW YORK COMBINED BALANCE SHEET - ALL FUND TYPES AND ACCOUNT GROUPS DFAMMOM-318-M Cash and cash equivalm Cash from obligatiom - restricted Investments Receivables: Charges for services Other Due from other fiords Due from other govemtumpps State and federal receivable Property, building and equipment Amounts to be provided for the payment of. Compensated absence obligation Long-term debt Told Assets GOVERNMENTAL FUND TYPES SPECIAL. CAPITAL GENERAL REVENUE PROJECTS — FUND FUND FUND $549,332 $1,332,102 $1,131,266 _ 1,035,887 579,564 1,178,319 742,527 - 563,631 - 74,977 - _ 705,384 120,128 81,231 243,906 - _ - 23,000 _ 52.609.486 _ $2.619,425 53.133.343 The accompanying Notes to the Financial Statements ate an integral part of this financial statement. 4 FIDUCIARY FUND TYPE ACCOUNT GROUPS TRUST a LONG- GENERAL TOTALS AGENCY TERM FIXED (MEMORANDUM FUND DEBT ASSETS ONLY) $252,469 S- S- $3,265,169 - - - 1,178,319 2,357,978 - 563,631 - - 74,977 - - - 906,743 - - - 243,906 - - - 23,000 - - 17,189,233 17,189,233 125,568 - 125,568 20,860,000 - 20,860,000 5252.469520.985.568 517.189.233 546.788.524 5 TOWN OF WAPPINGER, NEW YORK COMBINED BALANCE SHEET, (CONT -D.) - ALLL FUND TYPES AND ACCOUNT GROUPS LIABILITIES AND FUND EQUITY LIABILITIES Accoutus payable and accnmd liabilities Retainage payable Bond anticipation notes payable Due to other funds Due to other governments Deferred revenues Other liabilities Compensated absence obligations Long-term debt Total liabilities FUND EQUITY Investments in general fixed assets Fund balance (deficit): Reserved for: Encumbrances Miscellaneous Unreserved: Designated for: Subsequent years' expenditures Undesignated Total fund equity Total liabilities and fund equity GOVERNMENTAL FUND TYPES SPECIAL CAPITAL GENERAL REVENUE PROJECTS FUND FUND FUND $116,581 $47,205 $64,229 - 6,087 29,165 - - 2,8%,000 - 137,213 769,530 12,513 - _ - 12,334 _ _ 129_ ,094202,839 3,758,924 35,679 459,714 997,041 1,305,283 - 987,958 1,110,303 (625,581) 2,480,392 2,415,586 (625,581) $2.609.486_ 52.618.425 53.133.343 The accompanying Notes to the Financial Statements are an integral part of this financial statement. 6 FIDUCIARY FUND TYPE ACCOUNT GROUPS TRUST do LONG- GENERAL TOTALS AGENCY TERM FD(ED (MEMORANDUM FUND DEBT ASSETS ONLY) $228,015 35,252 2,896,000 • - 906,743 12,513 12,334 252,469 - - 252,469 125,568 - 125,568 20,860,000 - 20,860,000 252,469 20,985,568 0 25,328,894 - - 17,189,233 17,189,233 - 35,679 459,714 2.302,324 - 1.472.680 0 0 17,189,233 21,459,630 5252.469 520.985.568 $1� ---..-.$46.788j24 W TOWN OF WAPPINGER, NEW YORK COMBINED STATEMENTS OF REVENUES, EXPENDITURES AND CHANGES IN FUND EQUITY ALL GOVERNMENTAL FUND TYPES TIRE YEAR ENDED DFAMMOULnji" The accompanying Notes to the Financial Statements are an integral part of these financial statements. 8 GO FUND TYPES GENERAL FUND SPECIAL REVENUE CAPITAL PROJECT'S TEALS (MEMORANDUM REVENUES - FUND FUND - ONLY) Real party des Real property tax items $1,143,764 $3,773,384 S. $4,917,148 Non property tax items 91,488 925,,729 - _ 91,488 Departmental income 108,387 1,720,636- 925,729 Intergovernmental charges 1,620 2,334 1,829,023 Use of money and gym' Licenses and permits 218,518 603,173 82,640 3,954 904,331 Fines and forfeitures 80,023 198,950 - 80,023 Sale of property and compensation for loss 2 566 3,900 198,950 Miscellaneous local sources State aid X960 25,277 43,855 6,466 70,092 684,311 118,949 - 503,260 TOW revenues 3.456,316 6,247,653126,495 9,830,46{ EXPENDITURES General government support Public safety 1,166,884 - 380,651 1,547,535 Health 240,440 1,590 - 231,700 240,440 233,290108,938 Transportation Economic assistance and opportunity 6,826 1,332,977 - - 1,441,915 Culture and recreation 527,150 - - - 6,826 527,150 Home and community services Employee benefits 304,335 1,684,735 998,200 2,987,270 Debt service 258,001 627,917 215,911 2,474,416 - - 473,912 3,102,333 TOW expenditures 3,242,081 5,939,7391,378,851 10,560,611 Excess (deficiency) of revenue over expendihoes 214,235 307,914 (1,252,356) (730,207) Other fivancing sources (ism): Proceeds of debt BANS redeemed from appropriations - - 510,000 510,000 - - 245,000. 245,000 TOW Ott financing sources ( usm) 0 0 755,000 755,000 Excess (deficiency) of revenue and other sourced over expenditurts asci other am 214,235 307,914 (497,356) 24,793 Fund Equity, December 31,1997 2,293,327 2,107,672 (128,225) 4,272,774 Fond Equity, December 31,1998 $2.480.392 52.415.586 ($625.581) $4,297,567 The accompanying Notes to the Financial Statements are an integral part of these financial statements. 8 TOWN OF WAPPINGER, NEW YORK COMBINED STATEMENTS OF REVENUES, EXPENDITURES AND ENCUMBRANCES - BUDGET AND ACTUAL - GENERAL AND BUDGETED SPECIAL REVENUE FUNDS REVENUES Real Property taxes Real property tax items Non property tax items Departmental income Intergovernmental charges Use of money and property Licenses and permits Fines and forfeitures Sale of property and compensation for loss Miscellaneous local sources State aid Federal aid Total revenues Appropriation of prior's year's fund balance GENERAL FUND VARIANCE REVISED FAVORABLE BUDGET ACTUAL (UNFAVORABLE) $1,143,764 $1,143,764 $0 50,000 91,488 41,488 650,000 925,729 275,729 112,380 108,387 (3,993) General government support 1,620 1,620 228,000 218,518 (9,482) 45,100 80,023 34,923 101,500 198,950 97,450 - 2,566 2,566 1,500 960 (540) 490,000 684,311 194,311 2,822,244 3,456,316 125,931 634,072 984,113 - (984,113) Total revenues and appropriation of prior year's Mnd balance 3,806,357 3,456,316 _ (350,041) EXI'ENDITURFS AND ENCUMBRANCES General government support 1,409,050 1,192,053 216,997 Public safety 279,582 242,221 37,361 Health Tn=p°WUtrKM - 130,510 1,590 110,046 (1,590) 20,464 Economic assistance and opportunity 7,640 6,826 814 Culture and recreation 584,839 529,555 55,284 Home and community services 435,482 309,551 125,931 Employee benefits 331,335 258,001 73,334 Debt service 627,919 627,9I7 2 Totalexpenditnrrs and encambraoces 3,806,357 3,277,760 528,597 Em= (deffeleacy) of revenues and appropriation of prior year's fond balance over (under) exw fitures and encumbrances 40 $178.556 5178.556 The accompanying Notes to the Financial Statements are an integral part of tbese financial statements. 9 BUDGETED SPECIAL REVENUE FUND 6,374,738 6,432,734 VARIANCE REVISED 231,700 FAVORABLE BUDGET ACTUAL (UNFAVORABLE) $3,773,384 $3,773,384 S0 1,647,654 1,670,636 22,982 4,000 2,334 (1,666) 36,415 603,173 566,758 500 3,900 3,400 - 25,277 25,277 97,445 118,949 21,504 5,559,398 6,197,653 638,2SS 815,340 235,081 (580,259) 6,374,738 6,432,734 57,996 231,700 231,700 0 1,499,451 1,334,977 164,474 1,851,744 1,751,704 100,040 307,965 215,911 92,054 2,469,878 2,474,416 (4,538) 6,374,738 6,008,708 366,030 50 5424.026 5424.026 10 TOWN OF WAPPINGER, NEW YORK NOTES TO TIE FINANC UL STATEMENTS NM A - Somma KI of Aceminting The Town of Wappingrr, New Yank ("the Town") was incorporated on May 20, 1875, under the prvvisfons of the State of New York. The Town operates under a Town Board form of govsmeut, consisting of a Supervisor and four Councilmen/Women. The Supervisor serves as the Chief Executive Officer and as the Chief Fiscal Oi%r of the Town. The Town provides theservices: highway maintimance, water, sewer, planning, Wig, building and safety i"!! an culture and rexr+eation. The financial statame nts of the Town have bm prepared in conformity with generally acxxpted accounting principles (GAAP), as applied to government units. The Governmental Acxouating Standards Beard (GASB) is the accepted standard-sebody for establishing gov maw accounting and financial reporting principles, some of which are as follows: L The Reporting Entity The Town, for financial purposes, includes all of the funds and account groups rdevant to the operations of the Town of Wappinger, New York. The financial statements include organizations, functions and activitim that are controlled by ordependent upon the Tows Control or dependence is determined on the basis of budget adoption, taxing authority, finding and appointment of the respective governing board. Z. Fund Adxonnting The accosts of the Town arae organized on the basis of funds or account groups, each of which is considered to be a separate accounting entity. The operations of each find are accounted for by providing a separate set of self -balancing accounts, which are comprised Of each fund's asses, lhabilitie s, fund equity, revenues and expenditures. Gove[nu v& resources are allocated to and for individual funds based upon the purposes for which they are to be spent and the mums by which spending acdvda are controlled. The various funds are grouped, in the financial statements in this report, into fund types and two account groups, as follows: The accounting and reporting treatment applied to assets and IiWMtien associated with a fund are determined by its Qusenuesndht focus. All governmental fund types are accounted for oa a sppnding "finwicial flow" drht focus. This merlins that only current asset and current liabilities are generally included on their balance sheets. Their, reported fund balance (net currant assets) is considered a measure of "available 11 TOWN OF WAPPI GER9 NEW YORK NOTES TO THE FINANCIAL STATEMF m (CONT'D.) DYWCEBIM 13L 1992 Summary of Accounting Policies (Continued) spendable resources.' Governmental find operating statements present mcsrLfts (revenues and other financing sources) and decease$ (expenditures and other financing uses) in net current assets. A000nk*y, they are said to present a summary of sou sm and uses of 'available spendable resources' during a period. The General Fund is the general operating fund of. the Town. It is used to account for all financial resources except those required to be accounted for in another fund. Special Revenue Fund Special Revenue than is used to account for the proceeds of specific revenue sources ( its, expa►dab major capital pmvjec ts) that are legally reshicted to ecpendihm for spa'11e I purposes. Capital Prgjects Fund This fund is used to account for finanaal resources to be used for the acquisition and construction of major capital facilities. FIDUCIARY FUND TYPE Trust and Agency Hund Trust and Agency Fund is used to account for assets held by tine Town in a trustee capacity, or as an agent for individuate, other governments, and/or other funds. Theseinclude- a4 enWT ble Trust and Agency Punch. Expendable Tnmsts are accounted for in essentially the same manner as governmental funds. Agency funds are custodial in nature (assets equal liabilities), and do not involve measureanent of results of operations. ACCOUNT GROUPS Account groups are used to establish accounting control and accountability for General Fenced Assets and General Long -Term The two account groups are not 'funds.' They are concerned Daly with the measur+ememt of financial position. They are not involved with the meawrement of the results of operations. 12 TOWN OF WAPHNGER9 NEW YORK NOTES TO THE, FINANCIAL STATEMENTS (CONT'D.) UUMMER 31,1999 S any of Aecooatb g Policles (Continued] General Fixed Assets Account Group ply, Pug and equipment used in governmental fund type opeadons are accounted for in the Gdneaal Faced Assets Account Group, rather than in and No depredation has been provided on such property, plant All PIPIPerty, pht and equipment are valued at historical cost or estimaated hisocxW oat if actual histoslcal cost is not available. Donatedrty, Plant and equipment are valued at their estimated fair value on the dm donated. Interest costa incurred during option have not been capitalized, however. The Town has adopted the a000cm" — - policy of not capitalizing "infrastructure" general fixed assets (roads, bridges, curbs and gutters, streets and sidewalia, drainage system, lighting systems and similar assets) that are immovable and of value only to the Town. General Long -Tam Debt Account Group Long-term l abdit es txpeeted to be financed from governmental find types are accounted for in the General L4009 -Tam Debt Account Group, not in the governmental funds. They an recorded at the par value of the principal amount. No liability is recorded for interest payable to maturity. Because of their spending I focus, expendit me recognition for governmental fund is limited to exclude amounts represented by non- current liabilities. Sine they do not affect net current assetss, such long-term amounts are not recognized as gumumentai fund type expenditures or fund liabilities. They are instead reported as liabilities in the General Long -Term Debt Account Group. 3. Basis of Aamnt og Basis of accounting refers to when revmues and eupenftues ate recognized in the accounts; and reported in the financial statements. Basis of accounting relates to the timing of the messuriemmts made, regardless of the measurement focus applied. All governmental and expendable trust fWds are accounted for using the "modified accrual basis- of accounting. Their revenues are recognized when they become measurable and available as net current assets. All major revenues are susceptible to accrual. 13 TOWN OF WA�G NEW YORK NOTES TO TSE InNANCIAL STAIThW 15 (CONT'D.) Sm==7 of Accomdng Policies (Com hum ate gem, em y moopm' d under the "modified accrual basis* of accounting when the related fund bilityr Is. WMTVd. Exceptions to this general rule ink: accumuilated unpaid vacation, sick Pay, and other employee amounts which are not accrued; C2) pdnchW and interest on general long-term debt which is recognized when due; and ) 0PWituxes for inmtwy-type items which are recognized at the time of purchase Expenditures for judgments and settled claims are also recognized when the related liability is irncuur+ed, that is who the judgment has been tendered or settlement has been reached. Unsettled claims and cord --Mies, are recognized only. if it is probable that an asset has been impaired or a liability has been incurred and the amount of the impairment or liability can be reasonably estimated. 4. Budgets The Town employs a formal budgetary accounting system yes rrecqquired by law. During the year, a budget was adopted and modified by the Town Board for the General Fund and Special Revenue Fund. However, for the Capitaljeta eFuad, budgets are established at the project level and continue until the project is completed. Unused appropriations of the annually budgeted funds lapse at the end of the year. S. Encmnbr ances F�ncumbrance accounting, under which purchase orders, contracts and other eomrrnimoent: for dee arpenditune of monies we recorded for budgetary control purposes to reserve .that portion of thean0ficableis employed as a control in preventing over expenditureo established appropeiations. Open eacumbrancxs are reported an reservations of fund balance since they do not constitute expenditures or liabilities and will be honored through budget appropriations in the subsequent year. 6. Budget and Actual Comparison The budget and actual Comparison for Special Revenue Funds, included in the Combined Statement of Revenues and tunes - Budget and Actual, reflects fu budgeted and actual amounts for nds with AY aunffiorized (app qwh t M budgets. Cartgn Special Revenue Funds have not been included in the comparison because they do not have legally authorized (appropriated) budgets. The actual activity of these unbudgeted funds, as follows, is provided in order to reconcile to the total combined balances of the Special Revenue Funds: 14 TOWN OF WAPPINGER, NEW YORK NOTES TO THE FINANCIAL STATEMENTS (CONT'D.) Simimilwassmar7 of Accounting poll do (ContbumM JANUARY 1, REVENUES A ( RMrr ;ES DFCEBM 31, Total for fimde --� - rSI --.-12" 7nduded is Budget Compuiew $2.013,200 $6,197,653 $(5,889,739) $2,321,114 Pads we iWiuded is Budget C,amparisas�— Tow Special Revenue Panda Odd= W u V -321,114 7. Cash and hnisbuents Cash includes amounts is demand and time deposits, as well as, short -tam investments. Stags statutes and the Town's own written investment policy govern tlm investment Policies of the Town. short-term investments consist of invests in repurchase pmts. TW repurchase agreements involve purchases by a bmkw of portfolio securities concurtmtly with an agrxrtnent by the broloer to sell the same securities at a later date at a fixed price. Qenerally, the effect of such a mon is that the Town can invest its excess cash balances at competitive interest rates. Marlow value of the repurchase Weemelts approximafts cost plus accrued interest. The cash and investments of the Town at December 31, 1998, are as follows: SPILCLAL CAMAL -it dt GSL REVENUE PROJECTS AGENCY Non -later" ND .FUND_ FIIN "FUND_ -MMT.BowinS -- A $ Soo s - $ - $ - s goo Bearbs Accounts Restricted - Nm -latest Bandag Atmenients TOTAL 548,532 1,332,102 1,131,266 - - 1,178,319 11-�g? M-564 742- 31,595,219 gVWM 252,469 3,264,369 1,178,319 All of die Town's deposits were covered by Federal Deposit insurance or collatealizod with securities meld by a third party custodian in the Town's name, enccept for approximately $19,000 which was covered in the subsequent year. Cash from obligations - restricted represents unspent bond proceeds whose use is limited to funding certain construction projects. This restricted cash is more further described in Note I - Commitments and Contingent Liabilities, Item 3 - Tri -Municipal Sewer plant gxp wdon. 15 TOWN OF WAPPINGER, NEW YORK NOTES TO TBE FINANCIAL STATENWM (CONT'D.) Summary of AccomdIng Policies (Coutinaed) 8. Aocumulatcd C fl -1- V' sated Absence, It is the Town's POHCY to Permit employees of the Highway Department to accumulate a limited amount of earned but unused vapton and sick leave, which will be paid to uta upon separation fivra the Town's service. Other Town employees accumulate M mod absences. Ebwftw, such earned, but =ned compaLsaW absences, Must be used during their period of employment with the Town. No payment will be made upon separation from the Town's service. In governmental and fiduciary funds, the cost of vacation and sick leave is recognized when payments are made to employees. A Ion tam liability of $125,568 of aocnmd vacation and sick leave at December 31, 1998, has been recorded in the General Long - Term Debt Account Group of Accounts, resting the Town's commitment to fund mach costs from future operations. 9. Plendon plans The Town of Wappinger participates in the New York State and Local Employees' Retirement System (BRS), and the Public Employees' Croup Life Insurance Plan (Systema). These are cost-sharing multiple -employes retirement systems. The Systems provide retirement benefits as well as death and inability benefits. Obligations of employers and employees to contribute and benefits to to ane governed by the New York State Retirement and Social Law (NY� . As set forth in the NYSRSSL, the Comptroller of the State of�ock () serves as sole trustee and ve head of the Systems. The Comptroller shall adopt and may amend ndes and reguladons for the adminiRratian and transaction of the business of the Systems and for the custody and control of their funds. The Systems issue a publicly available financial repeat dot includes financial statements and required supplementary information. Tfiatrt may be obtained byug to the New York State and Lodi Retirement Systems, Gov. Alfred E. Smith Saw*hOfisce Building, Albany, NY 12244. The Systems are noncontributory, eaoept for who joined the Now York State and Lodi �' System attar J , 1976 who contribute 3 S of their salary the audwnty of the NYSRSS4 the Comptroller shall certify annually the rate apvessed as props of payroll of members, which shall be used in computing the contributions required to be made by employers to the pension accumulation fund. 16 TOWN OF WAPPINGER, NEW YORK NOTES TO TSE FIIITANCIAL STAT,MTS (CONT'D.) DMEban 310 1999 Smwn3X7 of Accounting Policies (Continued) The Town of W is required to Bon o at an actuarially determined rate. The required contributions far the oannnt year and two . pzeeedirig years were: The Town's contributions made to the Systems were equal to 100 percent of the contributions required for each year. 10. Post Employment Benefits . In addition to providing pension benefits, the Town provides health insurance coverage and survivor benefits for retiredand their survivors. Substantially all of the T employees may become eligible for benefits if they reach normal retirement arge While wrodogg for the Town. Health care benefits and survivors benefit: are provided through am MUM= company whose premiums are based on die benefits paid during the year. The Towne recognizes the dost of providing benefits by recoeding its share of msnrance premiums as an expenditure in the year paid. Employees contribute according to a sliding scale based on years of service. For the year of 1998, $17,369 was Fsid on behalf of eleven retirees and recorded as expenditures in the General and Special Revenue Finds. 11. Property Taxes The Town submits an approved budget to rho Dugs County Commissioner of Finance by December Sth of the ps+eviqu year.The County then establishes the warrant for the year which is due and payable on or about January 1 of each year. The Town collects the taxes on behalf of the Town and County without penalty through February 28th and with penalties and interest through August 31st. The Town's poirtion of the taxes is eoilected and transSenced prig do the County's portion. Therefore, the Town receives its entire tax levy, leaving the unpaid taxes to be collected by the Canty Commissioner of Finance. U. Long -Term Obi Long Term Debt is recognized as a liability of a governmental find when due, of when resources have been accumulated in the debt service find for payment early in the following year. For other Long -Term Obligations, only that portion expected to be financed from expendable available financial resources is reported as a fund liability of a governmental fund. The remaining portion of such obligations is reported in the General Lohg Term Debt Account Group: 17 TOWN OF WAPMNGER, NEW YORK NOTES TO THE FINANCIAL STATEMENTS (CONT'D.) F R 31 -IM Simmmary of Accountingpops (Contioned) 13. Insurance The Town of WappbW a the liability for moat risk including, but not limited to, PmP�Y and Persond mlmy liability. Such risks an covered by the purchase of commercial Munaoce. Judgements and claims are racmded when it is probable that an and has been impaired or a liability has been. incurred and the amount of loss can be reasonably estimated. Worimrs es m m d f e is provided through a win � ue rarordedbased on the ultimate cost of the e aloe workers in similar 14. Reserves of mind Equity The Town records indicate that portions of the fund equity are segrepted for a specific Tfuture use. The following details the description and amounts of the rearm used by the BALANCB AT Il. 1999 cmeneml Reserved for EA=mbmmcw $ 35,679 Reserved for 14i:oalanom: hqudon Few 330,000 Tow Ufteataneons Reserve 459.714 TOTAL S49 .393 iS. Allowance for Uncollectible Accounts An Allowance for Unowllecd* Accounts is not reflected in the Spatial Revenue Pbnd. Accounts past due after one yrs are placid on thepe y tax IOUs for collection, and reimbursed to the Town by the County of D Achess-i the *0perty taxes remain unpaid. 16. TOW Cohimns on Combined Statunents Total Columns on the Combined Statements - 0VUView are captioned "Memorandum Only" to indicate that they arcyresepw only to facilitate financial analysis. Data in these columns do ty with g� , results , or chs. S in financial tion in y accepted ting principles, such data is not curable to a idation. InterbW eliminations have not been made in the agpgption of this data. Is TOWN OF WAPPINGEEt, NEW YORK NOTES TO THE FINANCIAL STATIEd1 EMS (CONT'D.) DECEMM 31- 19" Summary, of Accoontng Polidies (Conte Other Receivables at December 31, 1998 consist of the following: Fa and Fane Receivable The folio summary of 1998.8 a amounts due from and due to other fumds as of December 31, _ � DQE F, TtOM General Fund $705,384 ProjFund 69.530 81,231Rev�ue Fund - und W 3,24 11,267 Sewer Fund 9R-959 -161 TOTAL S906.743 $906-743 The following is a summary of changes and adjustments in the Owmai FixW AUM Account G'ceP. for the Year ended December 31, 1998: BALANCZ - BALANCE - JANUARY 4 ------ DRCBII = 319 L=d $ 5,284,650 $ - _ - $ 5,284,6x50 BMUM Outer 6,197.703 75,578 - 6,273,283 Thu BMIftpX058 - - 2,892.058 Ing I- at 2-690.993 10$,244 - 2-739-242 TOTAL UZMM X= ALLU= 19 TOWN OF WA�G NEW YORK NOTES TO TIM FINANCIAL S'TATIZIENU (CONT'D.) Bond Anticipation NOIN PAFJ* 810 Mewed MUNDY and to t�t�of 5ve iemenq fir WaW and sewer which may renewed ffoorth r�alewals, life t the exceed twenty yeamthe of Improvement not to 711e Bond dilation Notes owing as of December 31 1998, are as fellows: AMOUNT OgTGUIALCRI� OUTSTANDING 5gry MATURITYPug - - EWE= ' AMOUNT OF DBCB� 31, IBM— w.er 0917/91 Wader 07109/99 09/16/92 07/09/99 ---12" 3.635 3 373,760 $ 233,000 3 09/17/91 07109/9! Saw" 3.63% 30,500 8,000 3.63% 4,000,000 07/14/94 Seer 07!11/96 07/09/99 !,000,000 3.63 9i 375,000 300,000 Senear 07/09199 07/09/98 07/09/99 3.63 % 403,000 230,000 3.6391 � 07/09/98 07109/99 Pwpaty 07/09/98 180,000 3.63%Dan 580�0180'000 SS0,000 07109/99 3ubto 3.63% 155-0000D 6.094.260 y Service Bids 07/09/98 07/09/99 3.74% ...344.E _.240-M TOTAL -- --- _ -- 1. The Town borrows money in order to acquire or CousbW This enables the cost of plu improvements. mceiving the benefit of the L"O to be borne by the p cent and future =p�,y� ts. Tbese credit debt of the Town, recorded in long -fin liabilida, which are full faith aad opf ision to be made in future budges for capital inde,�b rig the amoL1149-Term Debt Account unt, longWest,e to be collected in tuturt y from taxpayers cad others for '' �li9 of T1e Serial Bonds payable, as of December 31, 1998, are as follows: ORIGINAL �ffiS6 ZWM MATOJUW VnZPJ 3T AMOUNT Wow ATB- -DATE.- —BATE pip EM Saar $ 66,000 Dmimp 104,000 09-01-71 03-01-99 5.0% 1.24 m AMOUNT OUTSTANDING AT DEER 31, 1993___ $ 2,600 4,000 so TOWN OF WAFp>NG NEW YORK NOTES TO THE FINANCIAL STATEMEM (CONT'D.) NOTE F - TDnbl= Debt /Cuallnued. Water Sewer Water sewer Dninap Water Sewer Town Hall ISSUE MATURITY Dnm .DATIC -pAT]t _.RATE 02-15-73 ll -15-03 5.0% 0541-77 03-01-04 5.375% 12-01-85 Water Machinery and Bgn4um 05-01-87 Water Sewer Dnimp 06-01-03 7.75% 05-01-M 6.3'4 08-13-91 09-15-11 .6.3 % Sewer - Td Mudd 11-12-92 09-15-12 3% - 6.65% 148,070 AMOUNT 362.000 700.QOQ 1.210-070 OUTSTANDING ORIGINAL AT AMOUNT OF Is--_ DECEMBER 31, 36,800 6,000 _.-19 400,000 13 _.QOQ 80,000 5W.0W 375- 97,5W 72- 2,630,OW 591,000 3•005,OW 6 -035 -QM 672,000 1-350- 148,070 64,050 362.000 700.QOQ 1.210-070 156,973 52S-000 364,3W 364,500 207- 571- 99,200 40- 140_aoo 824,400 542,000 528,000 2-192-6nn t tet rm -,�..�..� 6-060-000 346,000 1-497- Z__.3�5.00o 4-695-000 F.maxemy Servo m BuRding 10-01-94 10-01-14 6.01% 11-30 om 1-320,000 Sewer - Td-Mndcipd 12-15-94 OS -15-15 Vaaable 9-519-786 13 - sewer - Td-Moad*d 06.01-95 11 -1S -1S 3.70-5.53% 2-6� 2-305-000 Water - Fleetwood 07/30/98 1011S/18 4.W%% 510-000 tin rm Tim amual n4 is 1D amaW= boa" debt, as of Decemba 31, 1998, are as follows: 21 The changes in the Town's indebtedness during the year ended December 31, 1998, are summarized as follows: BALANCE- BALANCE- .JANUAItY 1- 199a SUW Bonds $21,793,000 $ 510,000 $(1,443,000) $20,560,000 I.aadfiu Closure and Pod-Cloam Cosb - Nota I 530,000 _ (S0ADD) Abtenoest -Nota A.51_ 2 s —UAM 12S -56g Total = S 510_= ILWJM NOTE CQXMdUv T AM The lbws is committed under various kases for Of[ioe equipment and unication equipment. That lease, are eonside and for accounting purposes to be operating leases. Law a xpenditam for the Year ended December 31, 1998 amounted to $26,912. At December 31, 1998, the f6 flow us: mate annual operating lease eommilrne a, subject to tion of funds, were as follow YEAR ELIDING TOWN OF WAj!?WGER, NEW YORK DB 319 LgASM NOTES TO THE FINANCIAL STATF1YL WTS (CONTD.) 31-1999 YEAR EMINTG 2001 23, 283 L 1999 2000 PBIDiCLPdL 1,433,000 1,259,520 2003 2,� 2001 1,405,000 1,179,900 2,587,900 2002 1,433,000 1,098,7262,531,M 2003 1,435,000 1,015,224 2,473,224 T>,a+aAer � 1,443+O x,236 MUM -'moi -18.7M-391 2,373,236 2. CL80 XMJWM AULA= $31-37�:.; The changes in the Town's indebtedness during the year ended December 31, 1998, are summarized as follows: BALANCE- BALANCE- .JANUAItY 1- 199a SUW Bonds $21,793,000 $ 510,000 $(1,443,000) $20,560,000 I.aadfiu Closure and Pod-Cloam Cosb - Nota I 530,000 _ (S0ADD) Abtenoest -Nota A.51_ 2 s —UAM 12S -56g Total = S 510_= ILWJM NOTE CQXMdUv T AM The lbws is committed under various kases for Of[ioe equipment and unication equipment. That lease, are eonside and for accounting purposes to be operating leases. Law a xpenditam for the Year ended December 31, 1998 amounted to $26,912. At December 31, 1998, the f6 flow us: mate annual operating lease eommilrne a, subject to tion of funds, were as follow YEAR ELIDING OPERATING DB 319 LgASM 1999 9 2W 25,962 2001 23, 283 22,6M2002 2003 19,158 -421 TOTAL NMMdum LLEAW PAYMENTS S TOWN OF WAPPINGER, NEW YORK NOTES TO TSE FINANCIAL STATEMEIM (CONrD.) RECENUM al. 1"s Certain Capital Projects -had deficits of fund equity at the end of the These deficits arose through the funding of ..tures by issuing the notes are paid, revenue will be repo and the deficits will Fleetwood Water S(57-5141 Oakwood Knolls water urgency services Building UM= Tri -Municipal Sewer Phase 3-A SL4,M-9251 Castle Point Landfill Wl= Purchase - Dean Property S(52.306) Tri -Municipal - Plant S(4 e '.nlu toM IIo`' i i #)7o M 7 wig ! year which are listed below. bejimincipation nota. As 1. The Town is a defendant in various lawsuits and tax caadorari uses. The outcome of these caw and lawsuits, as determined by the Town Attorney, should not result m material unfavorable settlements. Any return of property fazes made as a result of the settlement of a tax certiorari case is funded by an increase in the property taxa collected in the year subsequent to payment. 2. The Town has received amounts from grantor agencies, principally the Department of Housing and Urban Development. Any allowed claims, including amounts already collected, may constitute a liability of the applicable funds. The amount, if any, of e xpendibau which may be disallowed by the grantor agency cannot be determined at this time. An initial consent judgement was executed between the Town and the New York State Department of Environmental Conservation dated Ap 18, 1988 regarding alleged environmental violations. Due to numrto>, tochtical diffiuulties, the Town of Wappinger was unable to meet the threshold dates contained in the consent judgement, and an amended consent judgement was renegotiated and approved by both parties. This amended consent judgement required the Town to construct a sewer line to the Tri - Municipal Sewer Treatment Plant plus a one million gallon expansion of said plant. The Town, however, does not own the plant nor does it have voting rights on the Commission's governing bond. The plant is owned and operated by the Tri -Municipal 23 TOWN OF Y! Pj Il TGER, NEW YORK NOTES TO TSE MNANCiAL 3TATEMEM (CONTD.) DECENMIRR 31, 1ggg Sewer Commis made yip of rqmespatat;v gg of the Town of Poughkeepsie and the Village ofW�rViMun Sewer ad the Department of �belwetshaMilt Of additional dilftultlis delays have occurred and a Third Amended Judgement was agreed to, �the date of to July 1, 1997. The Town was able to begun using the Cp�ty as of 7 yl 1d, 1997, however, certain construction related costs continue to be incurred. Funding 01 o the Prqed has been � by two authorizations for a total cost of $19,6Deceoft 1the, 1998, $17,189,840 in bonds have been ism tl�gh Faacility Corporation and $2,060,414 in Bond Anticipation Notes have bow issued. TOW PCCOCt eosa toured throu;h December 31, 1998, amounted to $18,121,260. Under the terms of - the amts with the Environmental Facility Corporation, serial bond Proceeds are required to be deposited into a Construction Fund Account, be invested in U.S. Treasury secunf= until drawn upon, and W subject to regulatory approvals before beind"nupaLg as of December 311998, incl fiedC as a Restricted meted to 51,178,319 In May 1997, the Town entered into a contract with the Tri Munic 4W. Sewer Commission with n9a d to the further ajonsion of the Commission's sewage treatment fac ilityfrom 2.4 mifunded byl>ion 8 Pa daj► tD 3.4 mr7lion gallon Pa day gsrpacity, the costs , of which will be the Town. In January 1999 the Town Board authorized the Phase 3A Sewer hqgOvenlent Project based on the May 1998 map, plan and report. The Town estimated and related project cis to be $109400,000. The Town has incurred $645,578 in engineering and legal fides to date, Pertaining to the preparation of the map, Plan and report, authorized in Prior yearn, i. CMWR ERM .T u ditU off 7%xmn � C,1� y Oar with the Now York State Department and monitW the landfill at Castle Pokt. Ile ung and capping Project was completed in with Pr Dject cgxmdkures amounting to $571,720. The costs of monitoring, which could be required for up to thirty gears after clostne, have not been estimated since an agreement with the Department of Environmental Conservation has not yet been reached as to the nature and extent of required monitoring. The costa of both closure and postelosure moni ag aordinarily recognized over the cpxftd useful life of the landfill Howew, siaoe� re has slapped accepting refuse, all costs are being recognized as the term: of closure and requirements are determined. The actual costs may be higher due to inflation, changes in technology or subsequent changes in regulatiou. TOWN OF WApPWGER, NEW YORK NOTES TO TSE FINANCIAL STA1EVWNW% ft.IFINTS (CONTD.) DECENM The Town has been notified drat it is dile to receNe up to $275,000 in grant funds dWWgh die New York Stale Department of EnvironmentalLandfill Closure A►ssis tan Program, based on dig le expenditures. This aid is Cpx ted to be received in 1999. 1-.3 F % 1, 1V. I 'T 1111 I ��j1� The Town has shared in the monitoring costs of a closed landfill WaPPInger-LaC =0V Joint Landfill. This joint includes die dm Pou . Of Pou`Sh TOM ��� � Vi1la$e aRmgeca Falls andel the of UGIR �e as well as the All associated with ' assessment the eft and cost of future monitoring are recognized as Allincy suc d. No g costs has been made, An�r such costs forwill dared equally among the five municipalities. The Town's share of mo ing costs year endod December 31, 1998 amounted to $2,500., Financial statements are available from the Joint Landfill's Board. Summarized vaa» diced financial infer is as follows: Total Assets Total Liabilities J Total Fund Balance The Town has autiwrized, but not issued, the following new debt: ngtAuthorization Ammint Refunding Bonds 02/01/99 $4,700,000 Highway Equipment 05/24/99 $363,544 Central Wappingers Water its 09/13/99 $500,000 25 TOWN OF WAPPINGER, NEW YORK REQUIItF.D SUPP EbIENTAL INFORMATION __ 1101992 I&P Year 2000 MID lane The GoNanmeatal Accounting Standards Bogard requhn slate and local goto disclose information about the effects of the Y2K issue. IU Y2K issue is the result of s wrWomings in many electronic data processing systema and other equipmmt that make operations beyond the year 1999 troublesome. Pfoblems affecting a wide zange of governmental activities could result if computers and otherdec�naic eft that aze dependent upon date -sensitive coding are not %i r Pr M. These problems have tis potential for camping a disruption of government services and an increased demand for government services. The Y2K issue is a wozldwide issue that alb governments and the private sector whose operations are inert in many situations. The Y2K issue could cause significant disruption of services. At December 31, 1998 the Town had committed funds for Y2K compliance changes through its 1999 budget. The Town has identified certain computer systema to be critical to operations, specifically those penedia � to the processing of final transactions and mated repo t-keepini. The assessment, remdiatwn and validation of these systems is expected to be performed during 1999. The Town is dependent on outside processing of portions of its revenues, specifically property tae and sales tax revenues, which are handled by Dutchess County. The Town would not be able to collect these revenues in the short term if the County's systems were unable to perform these services. The Town does have the legal authority to= funds in anticipation of the receipt of these revenues, although the timing of such borrowings may not coincide with the need for disbursements. While tine Town is ma]ang an effort to obtain. Y2K compliance in critical areas, it cannot provide cempleie assurarnoe that it wiIl be Y2K complant by January 1, 2000, nor can it provide complete assurance that supplier's of essential services w. also be Y2K compliant by January 1, 2000 26 APPENDIX B CERTAIN FINANCIAL INFORMATION OBTAINED FROM FINANCIAL STATEMENTS TOWN OF WAPPINGER GENERAL FUND * BALANCE SHEET AS OF DECEMBER 31: LIABILITIES AND FUND EQUITY Liabilities: (Unaudited) Accounts Payable 1995 1996 1997 1998 1999 ASSETS 0 0 0 12,513 36,662 Cash and Equivients $ 1,994,498 $ 2,128,734 $ 1,397,561 $ 1,585,219 $ 2,312,728 Other Receivables (Net) 226,132 64,596 64,453 243,906 315,413 Due From Other Governments 0 193,958 178,664 705,384 0 Due From Other Funds 361,541 29,838 689,838 74,977 477,706 Prepaid Expenses 0 0 0 0 878 Total Assets $ 2,582,171 $ 2,417,126 $ 2,330,616 $ 2,609,486 $ 3,106,725 LIABILITIES AND FUND EQUITY Liabilities: Accounts Payable $ 36,242 $ 98,400 $ 37,189 $ 116,681 $ 20,461 Due To Other Governments 0 0 0 12,513 36,662 Deferred Revenues 61081 0 0 0 5,919 Total Liabilities 42,323 98,400 37,189 129,094 63,042 Fund Equity: Reserved 563,005 571,034 605,423 495,393 434,776 Unreserved 1,976,843 1,747,692 1,687,904 1,984,999 2,608,907 Total Fund Equity 2,539,848 2,318,726 2,293,327 2,480,392 3,043,683 Total Liabilities and Fund Equity S 2,582,171 $ 2,417,126 $ 2,330,516 $ 2,609,486 $ 3,106,725 • Combined Townwide and Town Outside Village General Fund. Source: The financial data presented on this page has been excerpted from the Town's Annual Audited Financial Reports for the fiscal years ended December 31, 1995 through 1998 and the Annual Unaudited Financial report for the fiscal year ended December 31, 1999. Such presentation, however, has not been audited. Complete copies of the Town's audited financial statements are available upon request to the Town. B-1 TOWN OF WAPPINGER GENERAL FUND * STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE YEARS ENDED DECEMBER 31: REVENUES: Real Property Taxes Real Property Tax Items Non-PropertyTax hems • • Departmental Income intergovermental Charges Use Of Money And Property Licenses and Permits Fines and Forfeitures Sale Of Property And Compensation For Loss Miscellaneous Federal Aid State Aid Total Revenues EXPENDITURES: Current: General Government Support Public Safety Health Transportation Economic Assistance And Opportunity Culture And Recreation Home And Community Services Employee Benefits Debt Service Total Expenditures Excess of Revenues Over Expenditures 1995 1996 1997(Unaudited) 1998 1999 $ 1,307,638 $ 1,156,927 $ 59,032 67,445 842,718 812,707 172,309 113,626 11996 1,545 162,776 280,669 65,438 66,156 103,420 94,863 1,018,609 S 1,143,764 5 1,381,354 49,808 91,488 67,368 811,953 926,729 1,004,419 173,883 108,387 148,373 11185 1,620 0 235,959 218,518 236,324 64.009 80,023 124,629 127,917 171,780 191,381 655 45,617 4,680 2,566 2,208 3,222 4,622 - 960 0 19,471 0 0 495,346 507,007 648,381 684,311 3,213,435 3,169,145 3,041,006 1,429,146 11180,959 1,345,869 1,202,768 1,166,884 185,591 234,511 225,325 240,440 0 0 2,581 11590 118,972 106,162 104,460 108,938 2,390 1,428 1,102 6,826 518,305 450,079 455,779 527,150 282,439 312,718 270,356 304,335 268,213 259,119 260,184 258,001 551,131 676,381 603,850 627,917 3,108,000 3,286,267 3,126,405 3,242,081 105,435 (127,122) (85,399) 187,065 OTHER FINANCING SOURCES (USES): Operating Transfers - In 135,285 p Operating Transfers - Out 0 (94,000) p 0 0 Total Other Financing Sources (Uses) 136,286 (94,000) 0 s p Excess (Deficiency) of Revenues and Other Sources Over Expenditures and Other Uses Fund Equity - Beginning of Year Residual Equity Transfer Fund Equity - End of Year 0 4,444 863,187 4,021,479 1,276,269 253,487 3,376 114,694 1,100 647,113 335,695 263,141 711,610 3,506,385 515,094 0 0 0 240,720 (221,122) (85,399) 187,065 515,094 2,299,128 2,539,848 2,318,726 2,293,327 2,528,589 0 0 60,000 0 p $ 2,539,848 $ 2,318,726 3 2,293,327 2,480,392 3,043,683 ' Combined Townwide and Town outside village General Fund. ' Primarily includes a distdbutive share of the County sales tax . Source: The financial data presented on this page hes been excerpted from the Town's Annual Audited Financial Reports for the fiscal years ended December 31, 1995 through 1998 and the Annual Unaudited Financial report for the fiscal Year ended December 31, 1999. Such presentation, however, has not been audited. Complete copies of the Town's audited financial statements are available upon rerluest to the Town. B-2 TOWN OF WAPPINGER SPECIAL REVENUE FUND* BALANCE SHEET AS OF DECEMBER 31: LIABILITIES AND FUND BALANCES Liabilities: 1995 1996 1997 1998 (Unaudited) 1999 ASSETS $ 20,460 S 119,258 $ 99,235 S 47,205 �_. Cash and Equivalents $ 1,244,976 $ 1,429,496 $ 1,515,386 $ 1,911,666 $ 1,627,345 State and federal Receivables 0 72,182 71,998 23,000 0 Receivables: 0 12,334 12,334 12,334 12,334 Charges For Services 0 0 583,539 563,631 0 Other Receivables (Net) 514,029 568,219 0 0 661,721 Prepaid Expenses 0 0 0 202,839 90,646 Due From Other Funds 84,243 289,907 0 0 0 52,982 94,956 Due From Other Governments 4,045 0 110,388 120,128 1 0 Total Assets $ 1,847,293 S 2,359,804 $ 2,281,311 $ 2,618,425 $ 2,437,004 LIABILITIES AND FUND BALANCES Liabilities: Accounts Payable $ 20,460 S 119,258 $ 99,235 S 47,205 $ 34,471 Accrued Expenses 6,430 0 0 0 Retainage Payable 796 0 6,087 6,087 0 6,087 Deferred Revenues 0 12,334 12,334 12,334 12,334 Due To Other Governments 0 0 O 137,213 0 Due To Other Funds 326,541 235,502 55,983 0 37,754 Total Liabilities 354,217 367,094 173,639 202,839 90,646 Fund Balances: Reserved 63,599 0 118,969 0 46,723 Unreserved 1,429,477 1,992,710 1,988,703 2,415,686 2,299,636 Total Fund Balances 1,493,076 1,992,710 2,107,672 2,416,586 2,346,358 Total Liabilities and Fund Balances S 1,847,293 S 2,359,804 $ 2,281,311 $ 2,618,425 $ 2,437,004 • Special Revenue Funds Include: Highway, Lighting, Ambulance, Water and Sewer Fund. Source: The financial data presented on this page has been excerpted from the Town's Annual Audited Financial Reports for the fiscal years ended December 31, 1995 through 1999 and the Annual unaudited Financial report for the fiscal year ended December 31, 1999. Such presentation, however, has not been audited. Complete copies of the Town's audited Rnendal statements are available upon request to the Town. B-3 TOWN OF WAPPINGER SPECIAL REVENUE FUNDS* STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE YEARS ENDED DECEMBER 31: REVENUES: Real Property Taxes Real Property Taxe items Non -Property Tax hems Departmental Income Intergovernmental Charges Use Of Money And Property Sale Of Property And Compensation For Loss Miscellaneous State Aid Federal Aid Total Revenues EXPENDITURES: Currant: General Government Support Health Transportation Home And Community Services Employee Benefits Debt Service Total Expenditures Excess of Revenues Over (Under) Expenditures S 3,407,472 S 37 3,250 1,561,799 0 715,453 (Unaudited) 1996 1997 1998 1999 3,756,987 $ 3,915,665 39 0 0 0 1,722,137 1,750,300 5,436 3,588 715,406 643,830 $ 3,773,384 $ 3,368,710 0 0 0 0 1,720,636 1,678,563 2,334 4,502 603,173 596,105 4,554 3,439 4,153 3,900 6,461 11,324 210,425 2,134 25,277 0 108,336 147,566 328,409 118,949 115,380 0 33,909 13,177 0 0 5,812,225 6,595,344 6,661,256 6,247,653 5,768,721 15,143 0 0 0 0 196,700 231,700 231,700 231,700 231,700 1,244,235 1,349,417 1,649,466 1,332,977 1,359,448 1,517,061 1,663,173 1,618,832 1,684,735 1,584,942 222,637 244,945 207,998 215,911 239,260 2,234,145 2,669,725 2,973,874 2,474,416 2,423,436 6,429,921 6,058,960 6,681,870 5,939,739 5,838,786 382,304 536,384 (20,614) 307,914 (70,065) OTHER FINANCING SOURCES (USES): Operating Transfers - in 0 0 118,000 0 0 Operating Transfers - Out 0 (36,750) (1181000) 0 0 Total Other Financing Sources (Uses) 0 (36,750) 0 0 0 Excess (Deficiency) of Revenues and Other Sources Over Expenditures and Other Uses 382,304 499,634 (20,614) 307,914 (70,065) Fund Balances - Beginning of Year 1,110,772 1,493,076 1,992,710 2,107,672 2,416,423 Adjustments 0 0 135,576 0 0 Fund Balances - End of Year $ 1,493,076 1,992,710 2,107,672 2,415,586 2,346,358 • Special Revenue Funds Include: Highway, Lighting, Ambulance, Water and Sewer Fund. Source: The financial data presented on this peg* has been excerpted from the Town's Annual Audited Financial Reports for the fiscal years ended December 31, 1995 through 1996 and the Amaral Unaudited Financial report for the fiscal year ended December 31, 1999. Such presentation, however, has not been audited. Complete copies of the Town's audited financial statements are available upon request to the Town. B-4 ESTIMATED REVENUES: Real Property Taxes Real Property Tax Items Non -Property Taxes Departmental Income Intergovernmental Charges Use Of Money And Property Licenses And Permits Fines And Forfeitures Sale Of Property And Compensation For Loss State Aid Miscellaneous Total Estimated Revenues APPROPRIATIONS: Current: General Government Support Public Safety Health Transportation Economic Assistance And Opportunity Culture And Recreation Home And Community Services Employee Benefits Debt Service Total Appropriations TOWN OF WAPPINGER 2000 OPERATING BUDGET General Highway Combined Combined Lighting Ambulance Combined Fund In) Fund Water Sewer Fund Fund Totals $ 1,150,000 $ 1,469,000 $ 262,549 $ 1,534,024 $ 24,543 $ 226,700 $ 4,666,816 55,000 0 0 0 0 0 55,000 745,000 0 0 0 0 0 745,000 95,600 0 581,080 999,585 0 0 1,676,165 0 4,000 0 O 0 0 207,200 30,000 10,817 269,250 362 3,000 510,629 60,000 0 0 0 0 0 60,000 142,000 0 0 0 0 0 142,000 0 0 300 0 0 0 300 565,092 0 0 0 0 0 565,092 11500 0 0 0 0 0 11500 3,021,292 1,503,000 854,746 2,792,859 24,905 229,700 8,426,502 1,463,248 0 0 13,000 0 0 1,476,248 261,211 0 0 0 0 0 261,211 3,000 0 0 0 0 231,700 234,700 133,100 1,307,235 0 0 28,005 0 1,468,340 4,100 0 0 0 0 0 4,100 668,338 0 0 0 0 0 668,338 288,149 0 612,003 1,065,906 0 0 1,966,058 356,085 277,700 2,893 1,167 0 0 637,835 746,309 86,807 489,144 2,062,849 0 0 3,385,109 3,923,540 1,671,742 1,104,040 3,142,912 28,005 231,700 10,101,939 Excess Of Estimated Revenues Over Appropriations (902,248) (168,742) (249,294) (350,053) (3,100) (2,000) 11,675,437) OTHER FINANCING SOURCES (USES): Operating Transfers - In 220,950 12,000 221,021 1,875 0 0 455,846 Total Other Financing Sources (Uses) 220,950 12,000 221,021 1,875 0 0 455,846 APPROPRIATED FUND BALANCE $ 681,298 $ 156,742 S 28,273 S 348,178 $ 3,100 $ 2,000 $ 1,219,591 (a) Combined Townwide and Town Outside Village General Funds. C-1 BOND INSURANCE Concurrently with the issuance of the Bonds, Financial Guaranty Insurance Company" ("Financial Guaranty") will issue its Municipal Bond New Issue Insurance Policy for the Bonds (the "Policy"). The Policy unconditionally guarantees the payment of that portion of the principal of and interest on the Bonds which has become due for payment, but shall be unpaid by reason of nonpayment by the issuer of the Bonds (the "Issuer"). Financial Guaranty will make such payments to State Street Bank and Trust Company, N.A., or its successor as its agent (the "Fiscal Agent"), on the later of the date on which such principal and interest is due or on the business day next following the day on which Financial Guaranty shall have received telephonic or telegraphic notice, subsequently confirmed in writing, or written notice by registered or certified mail, from an owner of Bonds or the Paying Agent of the nonpayment of such amount by the Issuer. The Fiscal Agent will disburse such amount due on any Bond to its owner upon receipt by the Fiscal Agent of evidence satisfactory to the Fiscal Agent of the owner's right to receive payment of the principal and interest due for payment and evidence, including any appropriate instruments of assignment, that all of such owner's rights to payment of such principal and interest shall be vested in Financial Guaranty. The term "nonpayment" in respect of a Bond includes any payment of principal or interest made to an owner of a Bond which has been recovered from such owner pursuant to the United States Bankruptcy Code by a trustee in bankruptcy in accordance with a final, nonappealable order of a court having competent jurisdiction. The Policy is non -cancellable and the premium will be fully paid at the time of delivery of the Bonds. The Policy covers failure to pay principal of the Bonds on their respective stated maturity dates or dates on which the same shall have been duly called for mandatory sinking fund redemption, and not on any other date on which the Bonds may have been otherwise called for redemption, accelerated or advanced in maturity, and covers the failure to pay an installment of interest on the stated date for its payment. This Official Statement contains a section regarding the ratings assigned to the Bonds and reference should be made to such section for a discussion of such ratings and the basis for their assignment to the Bonds. Reference should be made to the description of the issuer for a discussion of the ratings, if any, assigned to such entity's outstanding parity debt that is not secured by credit enhancement. The Policy is not covered by the Property/Casualty Insurance Security Fund specified in Article 76 of the New York Insurance Law. Financial Guaranty is a wholly-owned subsidiary of FGIC Corporation (the "Corporation"), a Delaware holding company. The Corporation is a subsidiary of General Electric Capital Corporation ("GE Capital"). Neither the Corporation nor GE Capital is obligated to pay the debts of or the claims against Financial Guaranty. Financial Guaranty is a monoline financial guaranty insurer domiciled in the State of New York and subject to regulation by the State of New York Insurance Department. As of June 30, 2000, the total capital and surplus of Financial Guaranty was approximately $1.293 billion. Financial Guaranty prepares financial statements on the basis of both statutory accounting principles and generally accepted accounting principles. Copies of such financial statements may be obtained by writing to Financial Guaranty at 115 Broadway, New York, New York 10006, Attention: Communications Department (telephone number: 212-312-3000) or to the New York State Insurance Department at 25 Beaver Street, New York, New York 10004-2319, Attention: Financial Condition Property/Casualty Bureau (telephone number: 212-480-5187) . D-1 Financial Guaranty Insurance Company 115 Broadway New York, NY 10006 (212) 312-3000 (800)352-0001 A GE Capital Company Municipal Bond New Issue Insurance Policy Issuer. Policy Number. Control Number. 0010001 Bonds: Exhibit A FDIC. Financial Guaranty Insurance Company ("FinI G ty"), a New York stock insurance company, in consideration of the payment of the premi sect to the terms of this Policy, hereby unconditionally and irrevocably agrees to pay to State St and Trust Company, N.A., or its successor, as its agent (the "Fiscal Agent"), for the benefit of Bon 1 ers, that portion of the principal and interest on the above- described debt obligations (the "Bonds') which shall become Due for Payment but shall be unpaid by reason of Nonpayment by the Issuer. Financial Guaranty will make such payments to the Fiscal Agent on the date such principal or interest becomes Due for Payment or on the Business Day next following the day on which Financial Guaranty shall have received Notice of Nonpayment, whichever is later. The Fiscal Agent will disburse to the Bondholder the face amount of principal and interest which is then Due for Payment but is unpaid by reason of Nonpayment by the Issuer but only upon receipt by the Fiscal Agent, in form reasonably satisfactory to it, of (i) evidence of the Bondholder's right to receive payment of the principal or interest Due for Payment and (ii) evidence, including any appropriate instruments of assignment, that all of the Bondholder's rights to payment of such principal or interest Due for Payment shall thereupon vest in Financial Guaranty. Upon such disbursement, Financial Guaranty shall become the owner of the Bond, appurtenant coupon or right to payment of principal or interest on such Bond and shall be fully subrogated to all of the Bondholder's rights thereunder, including the Bondholder's right to payment thereof. This Policy is non -cancellable for any reason. The premium on this Policy is not refundable for any reason, including the payment of the Bonds prior to their maturity. This Policy does not insure against loss of any prepayment premium which may at any time be payable with respect to any Bond. As used herein, the term "Bondholder" means, as to a particular Bond, the person other than the Issuer who, at the time of Nonpayment, is entitled under the terms of such Bond to payment thereof. "Due for Payment" means, when referring to the principal of a Bond, the stated maturity date thereof or the date on which the same shall have been duly called for mandatory sinking fund redemption and does not refer to any earlier date on which payment is dire by reason of call for redemption (other than by mandatory sinking fund redemption), acceleration or other advancement of maturity and means, when referring to interest on a Bond, the stated date FDIC is a retistered service mark used by Financial Guarantv Insurance Comvanv under license from its parent company. FGIC Comontion Form 9000 (10/93) Page I of 2 D-2 r'inancial Guaranty Insurance Company5BraCC— -C i 15 Broadway 1 (T1l.i New York, NY 10006 1212) 312-3000 ,300) 352-0001 4 GE Capital Canpany Municipal Bond New Issue Insurance Policy for payment of interest. "Nonpayment" in respect of a Bond means the failure of the Issuer to have provided sufficient funds to the paying agent for payment in full of all principal d interest Due for Payment on such Bond. "Notice" means telephonic or telegraphic notice, subsequen �ed in writing, or written notice by registered or certified mail, from a Bondholder or a payin r Bonds to Financial Guaranty. "Business Day" means any day other than a Saturday, Sue T on which the Fiscal Agent is authorized by law to remain closed 'I \ In Witness Whereof, Financial Guaranty hs Policy to be affixed with its corporate seal and to be signed by its duly authorized officer in le to become effective and binding upon Financial Guaranty by virtue of the countersignature of its duly a 5oozed representative. President Effective Date: Authorized Representative State Street Bank and Trust Company, N.A., acknowledges that it has agreed to perform the duties of Fiscal Agent under this Policy. Authorized Officer FGTC is a retina service marls used by Financial Guaranty insurance Comparry under tieense From its parent comoarm. FGIC Corporation. Form 9000 (10/93) Page 2 of 2 D-3 Financial G=anty Insurance Company 115 Broadway New York, NY 10006 (212) 312-3000 (800)352-900 A GE Capdal Cofvany Endorsement To Financial Guaranty Insurance Company Insurance Policy Policy Number. Control Amber 0010001 It is further understood that the term "Nonpayment" interest made to a Bondholder by or on behalf of pursuant Bondholder to the United States B final, nonappealable order of a court ha%iak Li a normo Includes any payment of principal or sue such Bond which has been recovered from such ,�de by a trustee in bankruptcy in accordance with a jurisdiction. NOTHING HEREIN SHALL BE CONS'IRfJED TO WAIVE, ALTER, REDUCE OR AMEND COVERAGE" IN ANY OTHER SECTION OF THE POLICY. IF FOUND CONTRARY TO THE POLICY LANGUAGE, THE TERMS OF THIS ENDORSEMENT SUPERSEDE THE POLICY LANGUAGE. In Witness Whereof, Financial Guaranty has caused this Endorsement to be affixed with its corporate seal and to be signed by its duly authorized officer in facsimile to become effective and binding upon Financial Guaranty by virtue of the countersignature of its duly authorized representative. President Effective Date: Acknowledged as of the Effective Date written above: Authorized Representative Authorized Officer State Street Bank and Trust Companv, N.A, as Fiscal Agent FGIC is a iy iaered service mark teed by Financial Guaranty Irmwance Company under license from its Parent conyany, FG1C Corporation Form F.-0002 (10/93) Page I of I D-4 Financial Guaranty Insurance !- Company 115 Broadway �, C. New York, NY 10006 (212) 312-3000 (800) 352 -OW I A GE Cap'tal Company Mandatory New York State Amendatory Endorsement To Financial Guar%nty Insurance Company Insurance Policy Policy Number: Control mber: 0010001 \� The insurance provided by this Policy is not covered York Property/Casualty Insurance Security Fund (New York Insurance Code, Article 76). NOTHING HEREIN SHALL BE CON WAIVE, ALTS, REDUCE OR AMEND CO 1N ANY OTHER SECTION OF THE �Y. IF FOUND CONTRARY TO THE POLICY L AGE THE TERMS OF THIS ENDORS ERSEDE THE POLICY LANGUAGE. LANGUAGE, In Witness Whereof, Financial Guaranty has caused this Endorsement to be affixed with its corporate seal and to be signed by its duly authorized officer in facsimile to become effective and binding upon Financial Guaranty by virtue of the countersignature of its duly authorized representative. President Effective Date: Authorized Representative Acknowledged as of the Effective Date written above: Autborized Officer State Street Bank and Trust Company, N.A., as Fiscal Agent FGTC is a registered service mark used by Financial Guaramv Insuranet Cornomv under license Gom its parent company. FGIC Coryomion Fonn E-0037 (10/93) Page 1 of 1 D-5