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Home My WebLink AboutCOM 0037.002 2002-2004 AARON S.Y. CHUNG ~wosp ~y'.• ~ Phone: (808) 961-8396 (~oimwLnemher dig. Fax: (80R) 961-8912 ~J• ~ •••TI m.„'~' fl II COUNTY COUNCIL ~ Countvo/~Hcnvai'i - Hawai'i Counlp Building 25 Aapuni S~reel HI~O, HGN'Gl G~'~n January 9, ?003 1 O: Council Members FROM: Aaron S.Y. Chung, Chair Committee on Finance RE: Bill 16, $14 Million General Obligation Bonds On January 7, 2003, the Finance Committee recommended adoption of Bill 16, as amended to Draft 2, which authorized the issuance of $14 million in general obligation bonds for three capital projects: the Kahului- Keauhou Parkway, the ADA Ramp Compliance project and the ADA Parks Facilities Compliance project. However, upon reviewing Corporation Counsel Opinion No. 97-04, Legislative Auditor Connie Kiriu is recommending that a new bill be introduced to eliminate potential legal issues pointed out in that opinion. She has received verbal concurrence with this recommendation Prom Corporation Counsel Lincoln Ashida. Opinion No. 97-04 says, in part, the following: 'The charter further provides that "~aJ bill shall not be amended to change its original purpose." §3-10(d). Presumably, the original purpose ofthe bill is expressed in the title given when the bill is introduced. Amending the title of the bill during the course of its consideration by the council, puts the legality of the bill into question by raising the issue of whether the original purpose of the bill has been changed. It seems that there should be no necessity to change the title of a bill if it was sufficient and accurate when the bill was first introduced. If, during the course of consideration, the subject matter of the bill changes so that it is felt that the title must be changed in order to accurately reflect the subject matter of the bill, then it would appear that the original purpose of the bill has been amended and this action would violate the charter provision forbidding such a change. However, if. in the course of passage, a change in title is made which cannot reasonably mislead anyone and the title sufficiently expresses the subject or object of the law, it should not be objectionable. We believe therefore that the title of a bill may be amended after introduction and prior to passage to change a minor defector imperfection if it does not in any way result in the object of the bill being essentially changed. Price v. Moundsville, 43 W. Va. 523, 27 S.P.. 218 (1897)_ Nebraska ex rel. First National Bank of Atikinson v. Cronin, 72 Neb. 636, 101 N.W. 325 (1904). This principle has been expressed in a prior written opinion of our office dated May 24, 1989, dealing with all incorrect tax map keys in a rezoning ordinance..... Any changes to the titles of bills after introduction should be made only under narrow circumstances and bills so passed will he strictly reviewed as to legality after passage. It is our continued recommendation that this not become a common practice.' 4Jomm. No. File No. J3;1J 4s Ref. To: Ref. Date JAN 13 2003 Accordingly, the attached new bill is submitted for committee waiver and for your consideration. Bill 16 should be filed. Please note the changes from Bill 16 to the new bill are shown below in ramseyer format for your convenience. TITLE AN ORDINANCE AUTHORIZING THE ISSUANCE OF [UP TO $21,000,000 OFD GF,NERAL OBLIGATION BONDS OF THE COUNTY OF HAWAI'1 FOR THE PURPOSE Oh' FWANCING VARIOUS PUBLIC IMPROVEMENTS OF THF. COUNTY OF HAWAII; FIXING THE FORM, DE?NOMINATIONS, AND CI:R'fAIN OTHER DETAILS OF SUCH BONDS AND PROVIDING FOR'fHEIR SALE TO THE PUBLIC; AND AUTHORIZING THI: ISSUANCE AND SALE OE A LIKE PRINCIPAI, AMOUNT OF GENERAL OBLIGATION BOND ANTICIPATION NOTES IN ANTICIPATION OE "I'HF ISSUANCE AND SALE OF SUCH BONDS. SECTIONS 1 & SEC'1lON L Findings and Determinations. 1'he County Council has determined to authorize the issuance and sale of general obligation bonds (the'Bonds'") of the County in a principal amount not to exceed [$21,000,000] $14,000,000, the proceeds derived from the sale of which are to be expended by the County to finance [various public improvements] the Kahului-Keauhou Parkwav also called Ali'i Parkway or Ke Ala O Keauhou) the American with Disabilities Act (ADA) Ramp Compliance project, and the Americans with Disabilities Act (ADA) Parks Facilities Compliance project, which are authorized by Ordinance Nos. 00-64, 01-56 and 02-77, as amended. It is hereby further found and determined that it is advisable and in the best interest of the County to authorize the issuance and sale of general obligation bonds of the County in the maximum principal amount of [$21,000,000] 14 000 000, the proceeds derived from the sale of which shall be used as for the purposes hereinabove described. SECTION 2. Authorization of Bonds. There are hereby authorized for issuance and sale Bonds of the County in a principal amount not to exceed [$21,000,000] $14,000,000 in the aggregate, the proceeds derived from the sale of which shall be used and expended by the County to pay all or a part of the costs of the authorized public improvements referred to in Section I hereof and all or a part of the costs incurred by the County in connection with the issuance of the Bonds. If you have questions about this process or would like a copy of Opinion No. 97-04. please contact Connie at Ext. 8388. ntt. 2 JAMES Y. ARAKAKI AARON S.Y. CHUNG ` `P• LENINGRAD ELARIONOFF ('hcrirmrrn & PrcridinR O/Jirc,r / Glfi iID ~ :,1 FRED C. HOLSCHUi~I, M.D. t: . J. CURTIS TYLER. III BOB JACOBSON ~ BOBBY JEAN LI~ITIIEAD-TODD "ic•r~ (7urirntcur .$j,~p s°-t'°A` JOE REY~IOI..DS GARY SAFARIK COUNTY COUNCIL Cotrntr o~~Huicur'i Ha~rui 'i C'ountr Buildirt~ ? 5 Au~unr Street Hilo, H~r~rcri'1 967?0 January 13, 2003 Re: Comm. 37.2 James Y. Arakaki, Chair I-Ia:~,~ai`i County Council 25 Aupun.i Street Hilo, i~Iawai`i X6720 RE: Bill No. 45 ,Regarding an ordinance authorizing the issuance of [up to $21,000,000 of] General Obligation Bonds of the County of Hawaii for the purpose of financing various public improvements of the County of Ilawai`i; fixing the forn~, denominations, and certain other details of such bonds and providing for their sale to the public; and Uuthorizing the issuance and sale of a like principal amount of General Obligation Bond anticipation notes in anticipation of the issuance and sale of such bonds. Pursuant to Section 1(g) of Rule ~l of the Rules of Procedure of the Council of the County of I~Iawai`i, this written request is submitted with my approval that the above-referenced matter be waived from the Committc~ on Finance to the full Council for immediate action. In reviewing this matter, timely approval is crucial. 1t is therefore advantageous that approval is granted and the matter placed onto the next Council agenda for revie~{%. However, in the event this request is denied, for whatever reason, 1 understand the matter shall be referred to the Committee on Finance for placement on its future agenda. Sincerely, Aaron S.Y. Chung, Chair Committee on Finance Approved/Date/Waive to Council: Disapproved/Date/Refer to FC: ~'~'`F.-.~- yf` am ~ Y. Arakaki, Chair James Y. Arakaki, Chair H~ ~ ai`i County Council Hawaii County Council