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HomeMy WebLinkAboutORD 2003-049 2002-2004 COUNTY OF HAWALI STATE OF HAWAII BILL NO. 45 Draft 4 ORDINANCE NO. ®3 49 AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAII FOR THE PURPOSE OF FINANCING VARIOUS PUBLIC IMPROVEMENTS OF THE COUNTY OF HAWAII; FIXING THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH BONDS AND PROVIDING FOR THEIR SALE TO THE PUBLIC; AND AUTHORIZING 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. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAl`I: SECTION 1. Findings and Determinations. The 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 $36,312,650, the proceeds derived from the sale of which are to be expended by the County to finance the Kahului-Keauhou Parkway (also called Ali`i Parkway or Ke Ala O Keauhou), the Americans with Disablities Act (ADA) Ramp Compliance project, the ADA Parks Facilities Compliance project, the Pahoa Village Resource Park, the Waikoloa Ho`oko Street Park, the Public Safety Complex Evidence Warehouse/Radio Shop Complex, the ADA Department of Public Works Facilities, ADA Playground Equipment Upgrades, Kuakini Highway Improvements, Ali`i Drive Oneo Bay Improvements, Waimea Trails and Greenways, Keopu Heights Feasibility Study, Palai Stream Feasibility Study, Upper Waiakea Stream Feasibility Study, South Hilo Landfill Closure--SORT Station, Queen Liliuokalani Collector Sewer, Kealakehe Effluent Disposal, West Hawaii County Building (Civic Center), Puna County Complex, Fire Administration Facility, and the Captain Cook (South Kona) Police Station, 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 $36,312,650, 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 $36,312,650 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 1 hereof and all or apart of the costs incurred by the County in connection with the issuance of the Bonds. SECTION 3. Details of Bonds. The Bonds authorized for issuance and sale in Section 2 hereof shall be issued and sold in one or more or as part of a series of other general obligation bonds of the County, all as shall be determined by the Director of Finance to be in the best interest of the County. The Bonds of a series shall be issued in fully registered form without coupons in the denomination of $5,000 or any integral multiple of $5,000, or in such other denominations as the Director of Finance shall determine. The Bonds of a series shall be numbered from 1 upwards in chronological order of delivery or shall be numbered in any other manner as the Director of Finance shall determine. The Bonds of a series shall mature annually on such day in each year in substantially equal installments of principal or in substantially equal installments of principal and interest, the first of such maturities to be no later than five years from the date of the Bond of such series and the last of such maturities to be not later than twenty-five years from the date of the Bonds of such series, may be redeemable prior to the stated maturity thereof at any time at prices not exceeding 105% of the principal amount thereof, and shall bear interest at such rate or rates per annum, not exceeding seven percent (7%) per annum, as shall be specified in the contract approved or the bid accepted for the purchase of the Bonds of such series if any contract therefor be approved or any bid therefor be accepted. [n accordance with and subject to the provisions of this ordinance, the Director of Finance is hereby authorized to determine with respect to the Bonds of a series, the aggregate principal amount of such series of Bonds; the series designation of such series of Bonds; the date of such series of Bonds; the interest payment dates and maturity dates of such series of Bonds; the amount of -2- principal of such series of Bonds maturing on each maturity date; the registration privileges and place or places at which such series of Bonds may be paid or registered which may include the office of the Director of Finance; whether or not such series of Bonds shall be subject to redemption prior to the stated maturity thereof and, if subject to such prior redemption, the times, prices, methods and other provisions for such prior redemption; whether such series of Bonds shall bear interest at fixed rates or at a rate or rates which vary from time to time and the methodology for determining such variable rate or rates; the rights, if any, of the holders of such Bonds of a series to tender for purchase and the price or prices and time or times and terms and conditions upon which those rights may be exercised; the rights of the County to purchase the Bonds of a series and price or prices and the time or times and terms and conditions upon which those rights may be exercised and the purchase may be made; and all other details of such series of Bonds. SECTION 4. Redemption of Bonds. In the event any of the Bonds shall be subject to prior redemption and if any Bond (or portion thereof in installments which are integral multiples of the smallest denomination thereof) is to be redeemed, notice of redemption shall be given in such manner as the Director of Finance shall determine. If any Bond shall have been duly called for redemption and notice of such redemption duly given in the manner determined by the Director of Finance, and if moneys for the payment of such Bond at the then applicable redemption price and the interest accrued on the principal amount thereof to the date of redemption are made or duly provided for by the County, interest on such Bond shall cease to accrue and become payable from and after the date fixed for redemption. SECTION 5. Payment of Bonds. The principal of and interest and premium, if any, on the Bonds shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for public and private debts. SECTION 6. Execution and Form of Fully Registered Bonds. The Bonds of a series shall be lithographed, steel engraved, typewritten, printed or in other reproduced form as the Director of Finance may determine. The Bonds of a series shall bear the lithographed or engraved -3- facsimile signatures of the Director of Finance and of the Mayor of the County and shall be sealed with the seal or a lithographed or engraved facsimile seal of the County; provided, however, the Director of Finance may provide for printed or manual signatures and seals on the Bonds of a series; and provided further, however, the Director of Finance may provide for the Bonds of a series to be issued in and effect abook-entry system for such Bonds. The Director of Finance may prepare such number of blank Bonds of any series executed and sealed as aforesaid as he shall determine and deliver such executed blank Bonds to the registrar for such series for safekeeping prior to the time such Bonds are actually issued, exchanged or transferred. The Director of Finance shall direct the registrar for the Bonds of a series to register and authenticate such Bonds and no such Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on such Bond shall have been manually executed by such registrar. The Bonds of a series shall be designated and the form of such Bonds, including the registrar's certificate of authentication and the assignment, shall be substantially in the form of general obligation bonds heretofore issued by the County with such insertions, variations and omissions as are required with respect to a particular series of the Bonds, book-entry provisions, variable rate provisions or other provisions as the Director of Finance may determine. SEC"LION 7. Sale of Bonds. Without any further authorization from or action by the Council but subject to the provisions hereof and of applicable law, the Director of Finance is hereby authorized to issue and sell the Bonds in their entirety at one time, or from time to time in two or more separate series, or as part of a series of other general obligation bonds of the County, at competitive sale or at negotiated sale to qualified purchasers in accordance with Section 47-8, Hawaii Revised Statutes, as amended, in each case at such price or prices and upon such terms and conditions as he shall approve and determine to be in the best interest of the County. Without limiting the generality of the foregoing, with respect to the sale of the Bonds or of portions of the Bonds, the Director of Finance is hereby authorized to retain bond counsel, paying agents, registrars and financial and accounting consultants, upon such terms and -4- conditions as he shall deem advisable, to select the date for such sale, to publish and distribute a Notice of Sale or to enter into a negotiated contract for the sale of the Bonds or portions thereof, in each case in such form and containing such teens and conditions as he shall approve and deem advisable, to distribute an Official Statement and such other information relating to the County and the Bonds as he may deem advisable, to receive bids for the sale of the Bonds or the portion thereof being offered and to award the sale of the Bonds or the portion thereof being offered to the bidder offering the lowest interest cost therefor, in accordance with the applicable Notice of Sale, if any; provided that the Director of Finance may reserve the right to reject any and all bids. Subject to the provisions of Section 3 hereof, without further action of the Council, the Bonds shall bear interest at the rates per annum as specified in the contract or contracts approved or in the bid or bids accepted. The Director of Finance and all officials of the County are hereby authorized to take such action and execute such orders, receipts and other documents as may be necessary in order to effectuate the sale of the Bonds or any portion thereof, and, if any contract therefor be approved or any bid therefor be accepted, the preparation execution, and delivery thereof, in accordance with the provisions hereof and applicable law. Subsequent to the sale of any of the Bonds, the Director of Finance shall report the results of such sale to the Council by letter. From and after the date the Director of Finance shall have accepted a bid for a series of Bonds, or shall have entered into a negotiated contract for the sale and purchase of a series of Bonds, the Council will take no action to modify, supplement, amend or repeal the provisions of this ordinance in a manner which would have an adverse effect on the ability of the County to perform its obligations under such accepted bid or contract. SECTION 8. Authorization of Bond Anticipation Notes. General obligation bond anticipation notes are hereby authorized for issuance and sale by the Director of Finance in anticipation of the issuance and sale of the Bonds authorized herein and of the receipt of the proceeds of the sale thereof, for the purposes for which the Bonds have been authorized herein. The issuance, sale and details of the Notes shall be governed by the provisions of Section 47-16, -5- Hawaii Revised Statutes, as amended. Bonds in anticipation of which the Notes are authorized and issued pursuant to this section may be issued and sold in accordance with the provisions of this ordinance at anytime within five years of the date of issuance of the first Notes issued in anticipation of such Bonds. SECTION 9. Security for the Bonds and the Notes. The full faith and credit of the County is hereby pledged to the payment of the principal of and interest on the Bonds and the Notes, and the principal and interest payments shall be a first charge on the General Fund of the County. SECTION 10. CUSIP Identification Numbers. The Director of Finance may authorize the printing of CUSIP identification numbers upon the Bonds. Such number and the printing thereof shall be subject in all respects to the provision of Section 47-10, Hawaii Revised Statutes, as amended. SECTION l 1. Bond Insurance. The Director of Finance is hereby authorized to determine and provide for any insurance provisions respecting the Bonds of a series as he shall deem to be in the best interest of the County, including, without limitation, selection of the bond insurer, payment of the insurance premium and printing of any insurance statement on the Bonds. In the event the Bonds of a series are determined by the Director of Finance to be sold at competitive sale and the original purchaser of such Bonds obtains insurance for the payment of the principal of and interest on such Bonds, (a) such insurance shall not constitute a part of the contract by and with the County evidenced by a particular Bond or constitute a part of the proceedings providing for the issuance thereot; and (b) no liability or responsibility shall attach to the County or any officer or agent thereof in any way by reason of any such insurance, including, without limiting the foregoing, with respect to the procuring, maintenance, enforcement or collection thereof. The County shall be under no obligation to take or refrain from taking any action by reason of the existence of such insurance or any of the provisions thereof, even though the taking or refraining from taking of such action may result in or be cause for cancellation or cessation of such insurance. -6- SECTION 12. Support Facility for Variable Rate Bonds. If the Director of Finance shall determine to issue the Bonds of a series bearing interest at a rate or rates which vary from time to time or with a right of holders to tender such Bonds for purchase, or both, the Director of Finance may contract for such support facility or facilities and remarketing arrangements as are required to market such Bonds to the greatest advantage of the County upon such terms and conditions as the Director of Finance deems necessary and proper; provided, however, that all such contracts shall be approved by a resolution of the County Council and shall comply with the requirements of Section 47-11, Hawaii Revised Statutes. SECTION 13. Repeal of Conflicts. All ordinances and resolutions, and any portions of ordinances and resolutions, heretofore enacted or adopted by the Council which are in conflict or inconsistent with any provision of this ordiuance shall be and are hereby repealed to the extent of such conflict or inconsistency. SECTION 14. Severability. If any provision of this ordinance or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declazed to be severable. SECTION 15. Effective Date. This ordinance shall take effect upon its approval. INTRODUCF,D BY: ~ - - COUNCIL MEMBER, CO TY OF HAWAII , Hawaii Date of Introduction: January 23, 2003 Date of lst Reading: January 23, 2003 Date of 2nd Reading: March 19 , 2003 Effective Datc: March 25, 2003 REFERENCE: Comm. 37.25 _ OFFICE OF THE COUNTY CLERK County of Hawaii Hilo ,Hawaii DRAFT 2 ROLL CALL VOTE Introduced By: Aaron Chung AYES NOES ABS EX Date Introduced: January 23, 2003 Arakaki X First Reading: January 23, 2003 Chung X Published: February 2, 2003 Elarionoff X Holschuh X REMARKS. Jacobson X Leithead-Todd X Reynolds X Safarik X Tyler X 8 1 0 0 DRAFT 3 Second Reading: February 5, 2003 ROLL CALL VOTF, To Mayor. Fetrtiar~,,_h 903 AYES NOES ABS EX Returned: Arakaki X Effective: Chung X Published: Elarionoff X Holschuh X REMARKS. Jacobson x Withdrawrt by Cotmcil for reecrosirlPrat;rm _ Leithead-Todd X February 10, 2003 Reynolds X Keturned by Mayor -February 14 2003 Safarik x Reconsidered by Cotmcil - February 2Q.,_20.03 Tyler x 9 0 0 0 - L DO HEREBY CERT/FY that Ihe,foregoing BILL was adopted by the County Council published as indicated above. 1 AP ROVED AS TO , FO AND LEGALITY: OUNCIL CHAIRMAN DEP TY C ORATION COUNSEL ' COUNTY OF HAWAII ' C'OUNTY ('LF.RK Date 95 (Draft 3) Bill No.: oZS~ da Reference: C-37.2/C-37.3/FC-Waived Appro /Disappi'ored this y Ord No.: ~,J ~ . zn o 3 MAYO~Y OF' HAWAII OFFICE OF THE COUNTY CLERK County of Hawaii xilo ,Hawaii (RECONSIDERATION) ROLL CALL VOTE Introduced By: AYES NOES ABS EX Date Introduced: Arakaki X Reconsideration: February 20, 2003 Chung X Published: Elarionoff X Holschuh X REMARKS: Jacobson X Leithead=fodd X Reynolds X Safarik X Tyler X 6 3 0 0 (DRAFT 4) Second Reading: March 7, 2003 ROLL CALL VOTE To Mayor: AYES NOES ABS EX Returned: Arakaki X Effective: Chung X Published: Elarionoff X Holschuh X REMARKS: Jacobson X Leithead-Todd X - Reynolds X Safarik X Tyler X 8 0 1 0 I DO HEREBYCERTIFYthat the JorcKoin,~ 131L1. eras adopted by dze Coanly~ Council published as indicated above. APPROVED AS TO FORM AND LEGALITY: C ~ K _ y~~ C'()UNC'/L C'HA/RMAN DEPUTY CORPORATION COUNSEL 000NTY OF HAWAII C'OUNTYCLERK Date 95 (Draft 9) Bill No.: C-37.25 Apprnred/Disapproredlhis day Reference: Ord Na: of ~0 MAYOR, COUNTY OF HAWAI/ OFFICE OF THE COUNTY CLERK County of Hawaii xilo ,Hawaii ROLL CALL VOTE Introduced By: AYES NOES ABS X Date Introduced: _ Arakaki First Reading Chung Published: Elarionoff Holschuh REMARKS: Jacobson Lcithead-Todd Reynolds Safarik Tyle Hold Over Vote: March 19, 2003 ROLL. CALL VOTE 'FoMayor: March 24, 2883 AYES NOES ABS EX Returned: March 75, ~nn~ Arakaki X Effective: ~,..,~.~~r~ 2993 Chung X - _ Published: Anri 1 4, 20n9 Elarionoff X Holschuh X REMARKS: .lacobson X Leithead-Todd X _ Rcynalds X - Safarik X _ I~yler X 9 0 0 0 I DO HEREBYCERTIFYIhat the.Jbregoing BILL Naas adopted fiy [he C'ounry C'oUnci[ published ac indicated ahove. APPROVED AS TO ~ , FORM AND LEGALITY: ~ 'OUNCIL C'H IRMAN DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII COUNTY CLERK Date ~5 95 (Draft 9) Bill No.: ~ Reference: C-37.25 ppi~orc Di.ti~approred Ihi.c o15 _ dui - MuNG~ ~ 03 ord No.: 3 4 l~ MAYOR, NTPOFHAWAI/