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Home My WebLink AboutORD 2008-162 2006-2008COUNTY OF HAWAII STATE OF HAWAII BILL NO. ~-r2 (Draft 2) ORDINANCE NO. 08 ~sZ TO AMEND ORDINANCE NO. O1-118 OF THE COUNTY OF HAWAII, RELATING TO CERTAIN MATTERS CONCERNING THE COUNTY'S OUTSTANDING IMPROVEMENT DISTRICT NO. 17, KALOKO SUBDIVISION, 2001 SPECIAL ASSESSMENT REFUNDING BONDS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Findings and Determinations. The County Council of the County of Hawaii (the "County") hereby finds and determines that: (a) pursuant to Ordinance No. 01-118, as passed by the Council on December 5, 2001 and approved by the Mayor on December 17, 2001 (the "Ordinance"), the County has issued a series of special assessment bonds, designated as the County of Hawaii, Improvement District No. 17, Kaloko Subdivision, 2001 Special Assessment Refunding Bonds (the "Bonds"); (b) the Ordinance provides, among other things, for the appointment of a Bond Registrar and Paying Agent (as such terms are defined in the Ordinance) with respect to the Bonds; and (c) it is advisable; expedient and in the best interest of the County to amend certain provisions of the Ordinance relating to the Bond Registrar and Paying Agent so as to facilitate the orderly administration of matters relating to the Bonds, SECTION 2. Ordinance No. 01-118 of the County of Hawaii, State of Hawaii, is amended by amending Section 6.01 to read as follows: Section 6.01. Paving Agent and Bond Registrar. (a) Apyointment and Acceptance. The County hereby appoints Bank of Hawaii, acting through its Pacific Century Trust division, as Bond Registrar and Paying Agent for the Bonds hereunder. The Bond Registrar and Paying Agent shall accept such appointment in writing prior to the initial delivery of the Bonds. (b) Removal. The Paying Agent and Bond Registraz initially appointed, and any successor thereto, may be removed by the County and a successor or successors may be appointed[; ° °°~a°a "~°' °~~°'- °• FC w •..... ~.°.° .w,..._°a°,.°..~,._ a:a ~.,.~ :........ ....a w°a ., °fr:,...]. The County shall compensate the Paying Agent and Bond Registrar for the performance of their services hereunder and such compensation shall be an Administrative Expense and be payable only from the Administrative Expense Account. (c) Resignation. The Paying Agent and/or Bond Registraz appointed hereunder may resign at any time upon 90 days' written notice and after appointment of a successor. If the County does not appoint a successor Paying Agent and/or Bond Registrar within ninety (90) days following the giving of any notice of removal or receipt of any notice of resignation, the removed or resigning Paying Agent and/or Bond Registrar may petition at the expense of the County any, appropriate court having jurisdiction to appoint a successor Paying Agent and/or Bond Registrar. (d) Merger, Consolidation or Reor¢anization. Subject to the foregoing provisions regarding the removal or resignation of the Bond Registraz and Paying Agent, upon merger, consolidation, or reorganization of the Bond Registrar and/or Paying Agent, the surviving corporation upon such merger or the corporation resulting from such consolidation or reorganization shall succeed to the duties and responsibilities of the Bond Registrar and/or Paying Agent hereunder. ~ Successor Paving Agent and Bond Registrar. In the event of the resignation or removal of the Payin¢ Agent and/or Bond Registrar, the Director of Finance, at his or her election, shall either serve as successor Pavine Agent and/or Bond Registraz or appoint a bank or trust company to serve as successor in such capacity or capacities. In either case, the successor shall maintain a designated office to which matters pertaining to the Bonds may be directed, and any references herein to the cornorate trust office or principal corporate trust office of the Paving Agent and/or Bond Registrar or to the city or state in which such office is located, shall be deemed to mean and refer to the designated office of such successor. SECTION 3. Repeal of Conflicts. All ordinances and resolutions, and any portions of ordinances and resolutions, heretofore enacted or adopted by the Council which aze in conflict or inconsistent with any provision of this ordinance shall be and aze hereby repealed to the extent of such conflict or inconsistency. SECTION 4. 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 5. Effective Date. This ordinance shall take effect upon its approval. INTRODUCED BY: (J1~- ~ COUNCIL MEMBER, C T O AWAI`I Kona , Hawaii Date of Introduction: October ,22, 2008 Date oflstReading:;, October 22, 2008 Date of 2nd Reading.;' November_7,. 2008` Effective Date: November__`20, 2008 REFERENCE: Comm. 1479.2 01~FICE CAF THE COUNTY CLERK County of Hawaii Kona, Hawaii Introduced By: Dominic Yagong _ Datelntroduced: October 22, 2008 First Reading: October 22, 2008 Published: November 1, 2008 RLft4ARKS: Second Reading: November 7, 2008 To Mayor: November 18, 2008 Returned: November 20, 2008 6tfcctive: November 20, 2008 _ Published: December 1, 2008 REd~IARKS: I DCJ L'F.REBY CERTIFY that the foregoing BILL in,;?tca;et~I above. F~,PPRO\ii;D AS TO FOR~~I AND LEGALITY: DEPUTY CORPO TION COUNSEL COUNTY OF H AI'I Date t~ ~~ .4pproi~e- isnPl~roved lhis_ ~~ __dny ~,~ tJ4 .~lo~r ~o ~g ~~ ~1,91'OR, C . Y OF HAWAII ;__~ ,. _ C_,_ vu ~ ~~yOL ~A VOTE ,,,_ , AYES NOESO ABS EX Ford `'t~~Ii ~~(1'X ..-. Hi a g '-+~~r:~tfi X Hoffinann X Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 6 0 3 0 ROLL CALL VOTE AYES NOES ABS EX Ford X ~ ,i Higa X ' -~ Hoffmann X I ---~ Ikeda X Jacobson Naeole X X J Pilago X AI Yagong X I ~ Yoshimoto X i --- -- 9 0 ; --_~ 372 (Draft 2i Bill No.: C-1479.2/FC-340 Reference: / - __ Ord No.: c~V 162 COU~L RK Ordinances Numbered OS-155, 08-156, 08-157, OS-158, 08-159, 08-160, OS-161, & 08-162 I hereby certify that the following Ordinances passed second and final reading at the meeting of the County Council on November 7, 2008, by vote, as listed below: Ordinance OS-155 (Bill 148, Draft 3) (2004-2006): An Ordinance Amending Chapter 25 (Zoning Code) of the Hawaii County Code, Related to Agricultural Tourism. AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 8; NOES: None; ABSENT: Council Member Higa- l; EXCUSED: None. Ordinance 08-156 (Bi11323, Draft 3): An Ordinance Amending Chapterl9, Article 7, Sections 19-53, 19- 58.1 and I9-58.2, Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Reai Property Taxes- Nonspeculative Residential Use. AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yoshimoto, and Chair Hoffmann - 7; NOES: Council Member Yagong-I; ABSENT: Council Member Higa- l; EXCUSED: None. Ordinance 08-157 (BiI1366, Draft 2): An Ordinance Amending Chapter 2 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Parity Liens. AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 8; NOES: None; ABSENT: Council Member Higa- l; EXCUSED: None. Ordinance 08-158 (Bill 367): An Ordinance Amending Ordinance No. 08-79, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2008 [o June 3Q 2009. AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 8; NOES: None; ABSENT: Council Member Higa- l; EXCUSED: None. Ordinance 08-159 (Bi11369): An Ordinance Adopting the County of Hawaii South Kohala Community Development Plan. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance OS-160 (Bill 370): An Ordinance Amending Section 25-8-21 (Laupahoehoe-Ninole Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Single Family Residential - 15,000 Square Feet (RS-15) to Single Family Residential- 10,000 Square Feet (RS-]0) at Manowaiopae, North Hilo, Hawaii Covered by Tax Map Key 3-6-008:002. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 08-161 (Bi11371): An Ordinance to Amend Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009. AYES: Council Members 'Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 08-162 (Bill 372, Draft 2): To Amend Ordinance No. 01-118 of the County of Hawaii , Relating to Certain Matters Concerning the County's Outstanding Improvement District No. 17, Kaloko Subdivision, 2001 Special Assessment Refunding Bonds. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffinann - 9; NOES: None; ABSENT: None; EXCUSED: None. sey Jarman County Clerk (Hawai`i Tribune-Herald - December 1, 2008) (West Hawaii Today - December I, 2008) Note: The original Digest/Affidavit is attached to Ordinance 08-155.