City Council Resolution 1984-37RESOLUTION NO. 1984 # 37
RESOLUTION AUTHORIZING THE LSSUANCE AND SALE OF
$170,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1984
BE IT RESOLVED by the City Council of the City of Monticello, Minnesota,
as follows:
Section 1. Recitals.
1.01. On the 13th day of August, 1984, the City Council (the "Council") of
the City of Monticello (the "CityTM) adopted Resolution No.1984#36ordering the
improvement of Hart Boulevard between the west intersection with Broadway and
the east intersection with Broadway and the improvement of Cedar Street between
the Burlington Northern Railroad rightrof-way and the north line of Lauring Lane
by installing new hard surfacing and curb and gutter, which improvements are
designated as Project Numbers 84-3 and 84-4 (the "Project").
Section 2. Authorization. It is hereby determined that it is necessary and
expedient for the City of Monticello (the "Issuer") to issue and sell, pursuant to
Minnesota Statutes, Chapters 429 and 475, its General Obligation Improvement
Bonds, Series 1984 (the "Bonds") in the aggregate principal amount of $170,000 for
the purpose of financing certain costs of the Project. The sale of the Bonds has
been negotiated pursuant to Minnesota Statutes, Section 475.60, Subd. 2(2), and the
Issuer has issued no other general obligation bonds in the three-month period
preceeding the date hereof, and will issue no other general obligation bonds prior to
the delivery of the Bonds.
Section 3. Sale, Terms.
3.01. The Issuer hereby accepts the offer of Dain Bosworth, Inc. to
purchase the Bonds at the rate of interest hereinafter set forth, and to pay
therefor the sum of $167,450.00 plus accrued interest to the date of delivery. The
Bonds shall be payable as to principal at the office of First Trust Company of Saint
Paul in Saint Paul, tilinnesota (the "Registrar") or any successor Registrar duly
appointed by the Issuer. Interest on the Bonds shall be payable by check or draft
mailed from the office of the Registrar to the registered owners of the Bonds.
3.02. The Bor-ds shall be dated September 1, 1984 and shall be issued
forthwith as fully registered bands without coupons in denominations of $5,000 or
any authorized integral m!rltiple thereof. The Bonds shall mature on February 1 in
the years and amounts set forth below, and shall bear interest, payable on each
August 1 and each February 1 at the following rates per annum fur the following
years of maturity starting on .August 1, 1985:
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Year Amount Interest Rate
1986 15,000 7.00 %
1987 15,000 7.25
1988 15,000 7.50
1989 15,000 7.75
1990 15,000 8.00
1991 15,000 8.25
1992 20,000 8.50
1993 20,000 8.70
1994 20,000 8.80
1995 20,000 9.00
3.03. The Bonds are being issued for the purpose of financing the Project
consisting of the improvements designated as Project Numbers 84-3 and 84-4.
Special assessments levied against benefited property will be pledged to the
payment of principal of, premium, if any, and interest on the Bonds. In compliance
with Minnesota Statutes, Section 475.58, the estimated collection of special
assessments from benefited property is not less than 20% of the cost of the
Project. The costs of the Project shall include the costs enumerated in Minnesota
Statutes, Sections 475.65, and it is estimated that said costs will be at least equal
to the amount of the Bonds herein authorized. Work on the Project shall be
commenced within 6 months from the date of delivery of the Bonds and shall
proceed with due diligence to completion.
3.04. Bonds of this issue maturing on or after February 1, 1992 will be
subject to redemption prior to maturity at the option of the Issuer in inverse order
of maturities, and by Iot within a single maturity on February 1, 1991, and any
interest payment date thereafter at a price equal to par, plus accrued interest to
the date of redemption. Notice of redemption shall in each case be published not
less than thirty (30) days prior to the redemption date in a daily or weekly
periodical published in a Minnesota city of the first class, or its metropolitan area,
which circulates throughout the State of Minnesota and furnishes financial news as
part of its service, and at least thirty (30~ days prior to the redemption date a copy
of the redemption notice shall be mailed by first class mail to the registered
holders of the Bonds.
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Section 4. Form of the Bonds.
4.01. The Bonds shall be in substantially the following form, with the
necessary variations as to number, CUSIP Number, rate of interest and date of
maturity, the blanks to be properly filled in:
STATE OF MINNESOTA
COUNTY OF WRIGHT
CITY OF MONTICELLO
No. R- $
GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 1984
Rate Maturity Date of Original Issue CUSIP
September 1, 1984
The City of Monticello, Minnesota (the "Issuer") for value received, hereby
certifies that it is indebted and hereby promises to pay to
or registered assigns, the principal sum of
dollars ($ ) on the maturity date
specified above, upon the presentation and surrender hereof, and to pay to the
registered owner hereof interest on such principal sum at the interest rate
specified above from September 1, 1984, or the most recent interest payment date
to which interest has been paid or duly provided for as specified below, on August 1
and February 1 of each year, commencing August 1, 1985, until said principal sum
is paid. Principal and the redemption price are payable in lawful money of the
United States of America at _~__~~ _~_ , as Registrar,
Transfer Agent and Paying Agent, in ~ _, Minnesota, or at the
office of such successor agent as the Issuer may designate upon 60 days notice to
the registered owners at their registered addresses (the "Registrar"). Interest shall
be paid on each August 1 and February 1 by check or draft mailed to the person in
whose name this Bond is registered at the close of business on the preceding July
15 and January 15 (whether or not a business day) at his or her address set forth on
the bond register maintained by the Registrar. Any such interest not punctually
paid or provided for will be paid to the person in whose name this Bond is
registered at the close of business on a special record date established by the
Registrar for the payment of such defaulted interest.
The Bonds of this series maturing on or after February 1, 1992, are subject
to redemption at the option of the Issuer, in whole or in part in inverse order of
maturity and by lot within a maturity, on February 1, 1991 and any interest
payment date thereafter at a price equal to par and accrued interest. Thirty days'
prior notice of redemption will be given by mail to the Registrar and to the
registered owners, and notice of redemption will be published in the manner
provided by Minnesota Statutes, Chapter 475.
This Bond is one of a series of Bonds in the aggregate principal amount of
One Hundred and Seventy Thousand Dollars ($170,000}, all of like date and tenor
except for number, interest rate, denomination, date of maturity and redemption
privilege, and is issued for the purpose of providing funds to finance costs
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of certain improvements within the City and is issued pursuant to an authorizing
resolution (the "Resolution") duly adopted by the Issuer on August 13, 1984, and
pursuant to and in full conformity with the Constitution and laws of the State of
Minnesota, including Minnesota Statutes, Chapters 429 and 475.
The Bonds of this series are payable from the General Obligation
Improvement Bonds, Series 1984 Fund of the Issuer. All taxable property within
the Issuer is subject to the levy of ad valorem taxes required by law to be levied
and extended if needed for this purpose, without limitation of rate or amount. The
issuance of this bond does not cause the indebtedness of the Issuer to exceed any
constitutional or statutory limitation thereon.
As provided in the Resolution, and subject to certain limitations set forth
therein, this Bond is transferable upon the books of the Issuer kept for that purpose
at the principal office of the Registrar, by the registered owner hereof in person or
by such owner's attorney duly authorized in writing, upon surrender of this Bond
together with a written instrument of transfer satisfactory to the Registrar, duly
executed by the registered owner or such owner's duly authorized attorney. Upon
such transfer and the payment of any tax, fee or governmental charge required to
be paid by the Issuer or the Registrar with respect to such transfer, there will be
issued in the name of the transferee a new Bond or Bonds of the same aggregate
principal amount as the surrendered Bond.
The Bonds of this series are issuable only as fully registered bonds without
coupons in denominations of $5,000 or any integral multiple thereof not exceeding
the principal amount maturing in any one year. As provided in the Resolution and
subject to certain limitations therein set forth, the Bonds of this series are
exchangeable for a like aggregate principal amount of Bonds of this series of a
different authorized denomination, as requested by the registered owner or his duly
authorized attorney, upon surrender thereof to the Registrar.
It is hereby certified and recited that all acts, conditions and things required
by the Constitution and laws of the State of Minnesota to be done, to exist, to
happen and to be performed in order to make this Bond a valid and binding general
obligation of the Issuer according to its terms, have been done, do exist, have
happened and have been performed in due form, time and manner as so required.
This Bond shall not be valid or become obligatory for any purpose until the
Authentication Certificate hereon shall have been manually signed by a person
authorized to sign on behalf of the Registrar.
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IN WITNESS WHEREOF, the City of Monticello has caused this Bond to be
executed with the facsimile signatures of its Mayor and its City Administrator, all
as of the Date of Original Issue specified above.
Dated:
THE CITY OF MONTICELLO, MINNESOTA
By
(Facsimile)
Mayor
(Facsimile)
City Administrator
BOND REGISTRAR'S AUTHENTICATION CERTIFICATE
This is one of the Bonds described in the within mentioned Resolution.
Bond Registrar
By
Authorized Signature
The following provisions for abbreviations shall. be printed on each Bond in
substantially the following form:
The following abbreviations, when used in the inscription on the face of this
certificate, shall be construed as though they were written out in full according to
applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship and not as tenants in
common
UNIF GIFT MIN ACT - Custodian _
(Gust (Minor
Under Uniform Gifts to Minors Act
---estate ~~~
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ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers
unto
(Please Print or Typewrite Name and Address of Transferee.
Include information for all joint owners if the Bonds are held by joint account.)
the within Bond and all rights thereunder, and hereby irrevocably constitutes and
appoints attorney to transfer the within Bond on
the books kept for registration thereof, with full power of substitution in the
premises.
Dated:
Signature Guaranteed by:
Signature(s) must be guaranteed by a
commercial bank or trust company or
by a brokerage firm having
membership in one of the major stock
exchanges.
Notice: The signature(s) on this
assignment must correspond with the
name(s) which appear on the face of
this Bond in every particular, without
alteration or any change whatever.
Please Insert Social Security Number
or Other Identifying Number of
Assignee
(Form of Certificate)
CERTIFICATE AS TO LEGAL OPINION
I, Thomas Eidem, City Administrator of the City of Monticello, hereby
certify that except for the date line, the above is a full, true and compared copy of
the legal opinion of Holmes be Graven, Chartered, of Minneapolis, Minnesota, which
was delivered to me upon delivery of the bonds and is now on file in my office.
(Facsimile)
City Administrator
City of Monticello, Minnesota
4.02. As Iong as any of the Bonds issued hereunder shall remain
outstanding, the Issuer shall cause to be kept at the principal office of the
Registrar the Register in which, subject to such reasonable regulations as the
Registrar may prescribe, the Registrar shall provide for the registration of Bonds
and the registration of transfers of Bonds. ~t TrLSt ~m~ny~f,S~,in~Paul
is hereby appointed Registrar for the purpose of registering Bonds and registering
transfers of Bonds as herein provided.
Upon surrender for transfer of any Bond with a written instrument of
transfer satisfactory to the Registrar, duly executed by the registered owner or his
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duly authorized attorney, and upon payment of any tax, fee or other governmental
charge required to be paid with respect to such transfer, the Issuer shall execute
and the Registrar shall authenticate and deliver, in the name of the designated
transferee or transferees, one or more fully registered Bonds of any authorized
denominations and of a like aggregate principal amount, interest rate and maturity.
Any Bonds, upon surrender thereof at the office of the Registrar, at the option of
the registered owner thereof, may be exchanged for an equal aggregate principal
amount of Bonds of the same maturity and interest rate of any authorized
denominations. In all cases in which the privilege of exchanging or transferring
fully registered Bonds is exercised, the Issuer shall execute and the Registrar shall
deliver Bonds in accordance with the provisions of this Resolution. For every such
exchange or transfer of Bonds, whether temporary or definitive, the Issuer or the
Registrar may make a charge sufficient to reimburse it for any tax, fee or other
governmental charge required to be paid with respect to such exchange or transfer,
which sum or sums shall be paid by the person requesting such exchange or transfer
as a condition precedent to the exercise of the privilege of making such exchange
or transfer. Notwithstanding any other provision of this Resolution, the cost of
preparing each new Bond upon each exchange or transfer, and any other expenses
of the Issuer or the Registrar incurred in connection therewith (except any
applicable tax, fee or other governmental charge) shall be paid by the Issuer. The
Issuer shall not be obligated to make any such exchange or transfer of Bonds during
the fifteen (15) days next preceding the date of the first publication or the mailing
(if there is no publication) of notice of redemption in the case of a proposed
redemption of Bonds. The Issuer and the Registrar shall not be required to make
any transfer or exchange of any Bonds called for redemption.
4.03. Interest on any Bond which is payable, and is punctually paid or duly
provided for, on any interest payment date shall be paid to the person in whose
name that Bond (or one or more Bonds for which such bond was exchanged) is
registered at the close of business on the preceding January 15 or July 15, as the
case may be. Any interest on any Bond which is payable, but is not punctually paid
or duly provided for, on any interest payment date shall forthwith cease to be
payable to the registered holder on the relevant regular record date solely by
virtue of such holder having been such holder; and such defaulted interest may be
paid by the Issuer to the person in whose name such Bond is registered at the close
of business on a special record date established by the Registrar for the payment of
such defaulted interest. Subject to the foregoing provisions of this paragraph, each
Bond delivered under this Resolution upon transfer of or in exchange for or in lieu
of any other Bond shall carry all the rights to interest accrued and unpaid, and to
accrue, which were carried by such other Bond and each such Bond shall bear
interest from such date that neither gain nor loss in interest shall result from such
transfer, exchange or substitution.
4.04. As to any Bond, the Issuer and the Registrar and their respective
successors, each in its discretion, may deem and treat the person in whose name
the same for the time being shall be registered as the absolute owner thereof for
all purposes and neither the Issuer nor the Registrar nor their respective successors
shall be affected by any notice to the contrary. Payment of or on account of the
principal of any such Bond shall be made only to or upon the order of the registered
owner thereof, but such registration may be changed as above provided. All such
payments shall be valid and effectual to satisfy and discharge the liability upon
such Bond to the extent of the sum or sums so paid.
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4.05. If (i) any mutilated Bond is surrendered to the Registrar, and the
Issuer and the Registrar receive evidence to their satisfaction of the destruction,
loss, or theft of any Bond, and (ii) there is delivered to the Issuer and the Registrar
such security or indemnity as may be required by them to save each of them
harmless, then, in the absence of notice to the Issuer or the Registrar that such
Bond has been acquired by a bona fide purchaser, the Issuer shall execute, and upon
its request the Registrar shall authenticate and deliver, in exchange for or in lieu
of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of like tenor and
principal amount, bearing a number not contemporaneously outstanding. In case
any such mutilated, destroyed, lost, or stolen Bond has become or is about to
become due and payable, the Issuer in its discretion, instead of issuing a new Bond,
may pay such Bond.
Upon the issuance of any new Bond under this subsection, the Issuer may
require the payment of a sum sufficient to cover any tax or other governmental
charge that may be imposed in relation thereto.
Every new Bond issued pursuant to this subsection in lieu of any destroyed,
lost, or stolen Bond shall constitute an original additional contractual obligation of
the Issuer, whether or not the destroyed, lost, or stolen Bond shall be at any time
enforceable by anyone, and shall be entitled to all the benefits of this Resolution
equally and proportionately with any and all other Bonds duly issued hereunder.
The provisions of this Section are exclusive and shall preclude (to the extent
lawful) all other rights and remedies with respect to the replacement or payment
of mutilated, destroyed, lost, or stolen Bonds.
Section 5. Execution and Delivery
5.01. The Bonds shall be executed by the respective facsimile signatures of
the Mayor and the City Administrator of the Issuer as set forth in the farm of
Bond. The text of the approving legal opinion of Holmes bt Graven, Chartered, of
Minneapolis, Minnesota, as bond counsel, shall be printed on the reverse side of
each Bond and shall be certified by the facsimile signature of the City
Administrator. The Seal of the Issuer shall be omitted from the Bonds as permitted
by law. When said Bonds shall have been duly executed and authenticated by the
Registrar in accordance with this resolution, the same shall be delivered to the
Purchaser upon payment of the purchase price, and the receipt of the City
Administrator to the Purchaser thereof shall be a full acquittance; and the
Purchaser shall not be bound to see to the application of the purchase money. The
Bonds shall not be valid for any purpose until authenticated by the Registrar.
5.02. Unless litigation shall have been commenced and be pending
questioning the Bonds, revenues pledged for payment of the bonds, or the
organization of the Issuer or incumbency of its officers, at the closing, the Mayor
and the City Administrator shall execute and deliver to the Purchaser a suitable
certificate as to absence of material litigation, and a certificate as to payment for
and delivery of the Bonds, together with the arbitrage certificate referred to below
and the signed approving legal opinion of Holmes & Graven, Chartered as to the
validity and enforceability of the Bonds and the exemption of interest thereon from
federal and Minnesota income taxation (other than Minnesota corporate and bank
excise taxes measured by income) under present laws and rulings.
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Section 6. Funds and Accounts.
6.01. There is hereby created a special fund designated "General Obligation
Improvement Bonds, Series 1984 Fund" (the "Bond Fund") held and administered by
the Finance Director of the Issuer separate and apart from all other Funds of the
Issuer. The Bond Fund shall be maintained in the manner specified until all of the
Bonds herein authorized, any refunding bonds issued to refund the Bonds, and any
other general obligation improvement bonds hereafter issued and made payable
from the Fund, and the interest thereon, have been fully paid. In the Bond Fund
there shall be maintained three separate accounts, to be designated as the "Capital
Account", the "Debt Service Account" and the "Reserve Account", respectively.
Capital Account. The proceeds from the sale of the Bonds, less any accrued
interest and unused discount received thereon deposited in the Debt Service
Account, plus any special assessments levied with respect to the Improvements
and collected prior to completion of the Improvements and payment of the costs
thereof shall be credited to the Capital Account. All costs and expenses of the
Project, including the cost of any construction contracts heretofore let and
all other costs incurred and to be incurred, of the kind authorized in Minnesota
Statutes, Section 475.65, shall be paid from the Capital Account. In addition,
monies in the Capital Account may be used, if necessary, to pay interest on the
Bonds prior to the anticipated date of commencement of the collection of
sufficient taxes or special assessments herein levied or covenanted to be levied
and, if upon completion of the Improvements there shall remain any unexpended
monies in the Capital Account, such monies (other than special assessments) may
be transferred by Council to the account of any other improvement undertaken
pursuant to Minnesota Statues, Chapter 429. Any such unexpended monies which
are attributable to special assessments credited to the Capital Account shall be
used only to pay principal and interest on the Bonds. Moneys in the Capital
Account shall be used for no other purpose except as provided by law.
Debt Service Aceount. There is hereby pledged and there shall be credited
to the Debt Service Account (a) ell accrued interest and any unused discount
received upon delivery of and payment for the Bonds, (b) collections of special
assessments levied with respect to the Improvements and collected after
completion of the Improvements (except for any prepayment of special assessments
deposited in the Reserve Account), (c) collections of general ad valorem taxes
levied for the payment of the Bonds, and (d) all funds remaining in the Capital
Account after completion of the Project and payment of the costs thereof, not
transferred to the fund of another improvement as provided herein. The Debt
Service Account herein created shall be used solely to pay principal. of, premium,
if any, and interest on the Bonds and any other general obligation improvement
bonds of the Issuer hereafter issued by the Issuer and made payable from said Debt
Service Account, as provided by law.
Reserve Account. All prepayments of special assessments levied with
respect to the Improvements shall be credited to the Reserve Account. Moneys in
the Reserve Account may be used, if necessary, to pay principal of or interest on
the Bonds on any interest payment date and shall be used to redeem outstanding
Bonds on the first possible redemption date.
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6.02. To provide moneys for the payment of principal of and interest on the
Bonds there is hereby levied upon all of the taxable property in the Issuer a direct
annual ad valorem tax which shall be spread upon the tax rolls and collected with
and as part of, other general property taxes in said Issuer for the years and in the
amounts as follows:
Levy Year
Collection Year Amount Levied
1984 1985 28,208
1985 1986 22,591
1986 1987 21,806
1987 1988 20,981
1988 1989 20,118
1989 1990 19,215
1990 1991 23,522
1991 1992 22,094
1992 1993 20,624
1993 1994 19,133
Said tax levies are such that if collected in full, they, together with
collections of special assessments, will produce at least five percent (5%) in excess
of the amount needed to meet when due the principal and interest payments on the
Bonds (except for interest payable from funds which shall be on hand and
irrevocably deposited to the Debt Service Account as of the date of delivery of and
payment for the Bonds). Said tax levies shall be irrevocable so long as any of the
Bonds are outstanding and unpaid, provided that the Issuer reserves the right and
power to reduce the levies in the manner and to the extent permitted by Minnesota
Statutes Section 475.61, subdivision 3.
The full faith, credit and taxing powers of the Issuer shall be and are hereby
irrevocably pledged for the prompt and full payment of the principal of and
interest on the Bonds, as the same respectively become due and payable.
6.03. Interest earnings from the investment of money in the Capital
Account shall be deposited in the Capital Account. Interest earnings from the
investment of money in the Debt Service Account shall be deposited in the Debt
Service Account. Interest earnings from the investment of money in the Reserve
Account shall be deposited in the Reserve Account.
6.04. The Issuer hereby convenants and agrees that it will let all
construction contracts not heretofore let, within one year after ordering each
improvement project financed hereunder unless the resolution ordering the
improvement project specifies a different time limit for the letting of construction
contracts, and will do and perform as soon as they may be done, all acts and things
necessary for the final and valid Ievy of such special assessments, and in the event
that any such assessment be at any time held invalid with respect to any lot, piece
or parcel of land due to any error, defect, or irregularity, in any action or
proceedings taken or to be taken by the Issuer or this Council or any of the Issuer's
officers or employees, either in the making of such assessments of in the
performance of any condition precedent thereto, the Issuer and this Council will
forthwith do all such further acts and take all such further proceedings as may be
required by Iaw to make such assessments a valid and binding lien upon such
property.
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6.05. The Finance Director of the Issuer is directed to keep on file in his
office a tabulation of the dates and amounts of the principal and interest payments
to become due, on the Bonds, and amounts of the principal and interest payments
to become due on any other bonds made payable from the Bond Fund, and of the
balance required in the Bond Fund on October 1 in each year in order to cancel the
taxes levied pursuant to this Resolution for collection the following year.
Section 7. Miscellaneous.
7.01. The Issuer covenants and agrees with the Purchaser and holders of
the Bonds that the investments of proceeds of the Bonds, including the investment
of any revenues pledged to the Bonds which are considered proceeds under the
applicable regulations, and accumulated sinking funds, if any, shall be limited as to
amount and yield in such manner that the Bonds shall not be arbitrage bonds within
the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended,
and regulations thereunder. On the basis of the existing facts, estimates and
circumstances, including the foregoing findings and covenants, the Issuer hereby
certifies that it is not expected that the proceeds of the Bonds will be used in such
manner as to cause the Bonds to be arbitrage bonds under Section 103(c) and
regulations thereunder. The Mayor and the City Administrator shall furnish an
arbitrage certificate to the Purchaser embracing or based on the foregoing
certification at the time of delivery of the Bonds to the Purchaser. The proceeds
of the Bonds will likewise be used in such manner that the Bonds are not industrial
development bonds under Section 103(b) of the Internal Revenue Code.
7.02. The City Administrator is hereby authorized and directed to certify a
copy of this Resolution and to cause the same to be filed in the office of the
county auditor of Wright County together with such other information as the
county auditor may require, and to obtain from the county auditor a certificate
that the Bonds have been entered upon its bond register and that the levy contained
in this Resolution has been made.
?.03. The officers of the Issuer are authorized and directed to prepare and
furnish to the Purchaser and to the attorneys approving the Bonds, certified copies
of all proceedings and records of the Issuer relating to the power and authority of
the Issuer to issue the Bonds within their knowledge or as shown by the books and
records in their custody and control, and such certified copies and certificates shall
be deemed representations of the Issuer as to the facts stated therein.
Adopted this 13th day of August , 1984.
~~
~~ ~- .
Mayor
~_
~~
City Adminis rator
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