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HomeMy WebLinkAboutORD 1973-0068;,, o. ~ COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. ¢; AN ORDINANCE AUTHORIZING THE; ISSUANCE OF $5,000,000 GENERAL OBLIGATION BONDS OF THE COUDJTY OF HAWAII FOR THE PURPOSE OF FINANCING VARIOUS PUBLIC IMPROVEMENTS OF THE COUNTY OF HAWAII: FIXING TAE FORM AND DETAILS OF SUCH BONDS, AND PROVIDING FOR THEIR SALE; AND AUTHORIZING THE ISSUANCE AND SALE OF A LIKE PRINCIPAL AMOUNT OF GENERAL OBLIGATION BOND ANTICIPATION NOTES IN ANTICIPA- TION OF THE ISSUANCE AND SAhE OF SAID BONDS. BE IT ORDAINED BY THE COUDICIL OF THE COUNTY OF HAWAII: SECTION 1. There are hereby authorized for issuance and sale general obligation bonds of the County of Hawaii in the principal amount of $5,000,000, the proceeds derived from the sale of which shall be used to pay all or part of the cost of appropriations for various public improvements of the County to be financed from. general obligation bond funds made (a) in the capital budget ordinance for the fiscal year ending June 30, 1970, (Ordinance No. 235, as amended); (b) in the capital budget ordi- nance for the fiscal year ending June 30, 1971, (Ordinance No. 327, as amended); (c) in the capital budget ordinance for the fiscal year ending June 30, 1972, (Ordinance No. 409, as amended); (d) in the capital budget ordinance for the fiscal year ending June 30, 1973, (Ordinance No. 475, as amended), and (e) in the capital budget ordinance for the fiscal year ending June 30, 1974, (Ordinance No. °_.86, as amended). SECTION 2. The general obligation bonds authorized for issuance and sale in Section 1 hereof shall be designated "Public Improvement Bonds, 1974 Series A" (hereinafter referred to as the "Bonds"). The Fronds shall be dated February 1, 1974; shall be issued in bearer form with coupons attached and without privilege of registration; shall be in the denomination of $5,000 each; shall be numbered from 1 to 1,000 inclusive; and shall mature serially in numerical order. in the principal amount of $280,000 on February 1 in each of the years 1977 to 1986, inclusive, and in the principal amount of $275,000 on February 1 in each of the years 1987 to 1994, inclusive. The Bonds shall bear interest at such rate or rates per. annum, not exceeding seven per centum (7~) per annum, as shall be specified in the bid accepted. for the purchase of the Bonds, if any bid therefor be accepted, such interest being payable semi-annually on August 1 and February 1 of each year, commencing with August 1, 1974. Both principal of and interest on the Bonds shall be payable at the office of the Director of Finance of the County of Hawaii, Hilo, Hawaii, or at the option of the holder thereof, at such place in the City of New York, New York, and at such place in the City of San Francisco, California, as th.e Director of Finance shall determine. The Bonds maturing on and after February 1, 1985, shall be subject to redemption at they option of the County of Hawaii on and after February 1, 1984, in whole at any time, and in part from time to time on any interest payment date and in inverse order of maturi- ties and by lot urithin a maturity, at the principal amount thereof, the interest accrued to the redemption date, and the following redemption premicims: 3~ if redeemed February 1, 1984, and to and including January 31, 1986; 2~ if redeemed thereafter and to and including Januar}~ 31, 1988; 1~ if redeemed thereafter an<i to and including January 31, 1990; and no premium if redeemed thereafter. At least thirty days' notice of redemption will be published in The Daily Bond Buyer or other financial paper published in either of the cities of New York, Ydew York, or San Francisco, California. SECTION 3. The Bonds shall be signed by the Director of Finance or a Deputy Director of Finance and shall bear the lithographed or engraved facsimile signature of the Mayor of the County of Hawaii and shall be sealed with the seal or a lithographed or engraved facsimile seal of the County of Hawaii. The interest coupons pertaining to the Bonds shall bear the lithographed or engraved facsimile of the signature of the -2- Director of Finance of the County of Hawaii. The Bonds and the coupons attached. thereto shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF HAWAII COUNTY OF HAWAII PUBLIC IMPROVEMENT BOND, 1974 SERIES A No. $5,000 The County of Hawaii, State of Hawaii, for value received hereby promises to pay to bearer the sum of Five Thousand Dollars ($5,000) on the 1st day of February, 19 upon presentation and surrender of this Bond, and to pay interest on said sum from the date hereof until payment of said sum in full at the rate of per centum ( ~) per annum, payable semi- annually on the first day of August and February in each year, such interest to the maturity hereof being payable only upon presentation and surrender of the interest coupons hereto attached as they severally become' due. Both the principal of and interest on this bond area payable at the office of the Director of Finance of the County of` Hawaii, Hilo, Hawaii, or, at the option of the holder, at the principal office of the in the City of Paew York, New York, or at the principal office of the in the City of San Francisco, California, in any currency of the United States of America which at the time of payment is legal tender for public and private debts. This bond :Ls one of a series of one thousand bonds of like date, denomination and tenor, except as to number, interest rate and maturity. :Che bonds of the series of which this bond is one maturing February 1, 1985, and thereafter are subject to redemption at the option of the County of Hawaii prior to the respective stated maturities thereof, on and after February 1, 1984, in whole at any time, and in part from time to time on any -3- interest payment: date and in inverse order of maturities, at the principal amount thereof, the interest accrued thereon to the date fixed i`or redemption and the following redemption premiums expres:;ed as a percentage of the principal amount redeemed: 3~ ii` redeemed February 1, 1984 and to and including January 31, 198(1; 2~ if redeemed thereafter and to and including January 31, 198£3; It if redeemed thereafter and to and including January 31, 1990; and no premium if redeemed thereafter. If less than all tYie bonds of any maturity are called for redemption, the bonds of such maturity to be redeemed shall be selected by lot. In the event this bond is redeemable, as aforesaid, and shall be called for redemption, notice of the redemption hereof stating the des~'~gnation, date, number and maturity of this bond, the date fixed f`or such redemption and the premium payable upon such redemption,, shall be given by publication of such notice in The Daily Bond Buyer, a financial paper published in the City of New York, Neon York, or in lieu of such publication in The Daily Bond. Buyer, by publication thereof in some other financial paper published in either of the cities of New York, New York, or San Francisco, California, the date of such publication in any case to be at least thirty days prior to the date fixed for the redemption hereof. If this bond be redeemable and shall have been duly called for redemption and notice of the redemption hereof published as aforesaid, and if on or before the date fixed for such redemption payment hereof shall be duly made or provided for, interest hereon shall cease from and after the redemption date hereof. This bond. :is one of a series of bonds authorized by the Council of the County of Hawaii to be issued to provide funds for various pub:Lic improvements of said County. This bond and the series of which it is a part are issued under and pursuant to and in full compliance with the Constitution and statutes of -4- the State of Hawaii, including Part I of Chapter 47 of the Hawaii Revised Statutes, as amended, the Charter of the County of Hawaii, and proceedings of the aforesaid Council duly taken thereunder. This bond is a general obligation of the County of Hawaii, and the payment of the principal and interest hereof is a first charge on the general fund of said County. The full faith and credit of the County of Hawaii are irrevocably pledged to the punctual payment of the principal of and interest on this bond according to its terms. It is hereby certified, recited and declared that all condi- tions, acts and things essential to the validity of this bond and the series of which it forms a part exist, have happened and have been done; that every requirement of law affecting the issuance thereof has been duly complied with; and that the amount of this bond and the series of which it forms a part, together with all other indebtedness of the County of Hawaii, is not in excess of any statutory or constitutional limitation of indebted- ness. IN WITNESS WIiEREOF, the County of Hawaii has caused this bond to be signed by its Director of of Finance, to bear the lithographed nature of its Mayor and to be sealed engraved facsimile of its seal, the attached to bear the lithographed or signature of its Director of Finance as of the day of Finance or a Deputy Director or engraved facsimile sig- with a lithographed or interest coupons hereto engraved facsimile of the and this bond to be dated 1974. Director of Finance or Deputy Director of Finance of the County of Hawaii Mayor of the County of Hawaii -5- (FORM OF COUPON) tdo . $ On , 19 , unless the bond hereinafter mentioned shall be subject to prior redemption and shall have theretofore been duly called for previous redemption and payment of the redemption price duly made or provided for, the County of Hawaii, State of Hawaii, will pay to bearer at the office of the Director of Finance of the County of Hawaii in Hilo, Hawaii, or, at the option of the holder, at the principal office of the in the City of New York, New York, or at the princ3.pa1 office of the in the City of :>an Francisco, California, 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, the sum shown hereon, being the interest then due on its Public Improvement Bond, 1974 Series A, dated as of February 1, 1974. No. Director of Finance SECTION 4. Without any further authorization from or action by this Council but subject to the provisions hereof and of applicable law, the Director of Finance is hereby authorized to issue and sell t:he Bonds authorized herein. Without limiting the generality of the foregoing, the Director of Finance is hereby authorized to select a date for the sale of the Bonds, to publish and distribute a Notice of Sale thereof in such form and containing such terms and conditions as he may deem advisable, to distribute an Official Statement and such other information as he may deem advisable, to receive bids for the sale of Bonds and to award the' sale of the Bonds to the bidder offering the lowest interest cost therefor, after allowing for any premium tendered; provided that the Director of Finance may reserve the -6- right to reject any and all bids. Without further action of this Council, the Bonds shall bear interest at the rates per annum as specified in the bid accepted. The Director of Finance and all officials of the County of Hawaii 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, and, if any bid therefor be accepted, the prepara- tion, execution and delivery thereof, in accordance with the provisions hereof and applicable law. SECTION 5. General obligation bond anticipation notes are INTRODUCED BY: hereby authorizc=_d for issuance and sale by the Director of Finance in anticipation of the issuance and sale of the general obligation bond<.s authorized herein. The issuance and details of the notes shall be governed by the provisions of Section 47-2.2, Hawaii Revised Statutes, as amended. SECTION 6. All or any portion of the proceeds derived from the sale of the Bonds, or any notes issued in anticipation of the Bonds, sha1:L be used to pay all or part of the cost of any appropriation for various public improvements made in Capital Budget Ordinances No. 235, 327, 409, 475 and 586, as amended. SECTION 7. This ordinance shall take effect upon its approval. Councilman, County of awaii Hilo, Hawaii. Date of Introduction: fovember 7, 1.973 Date of Adoption: November 20, 1973 Effective Date: November 28, 1973 -7- Hilo, Hawaii Date: nT,..,~,...ti.,,. ~ ~ ~~~ FIRST READING AYES fJOES A/E Cor enter De Luz X Ferias X Fujii }( Hisaoka X Kawahara X Matayoshi X Yadao X Chr. Yamada X 9 Publication Date: NGV 15 ig;3 Hilo, Hawaii Date: November 20, 1973 SECOND & FINAL READING AYES NOES A/E Carpenter X De Luz X Ferias X Fujii X Hisaoka X Kawahara X Matayoshi X Yadao X Chr. Yamada X 9 Publication Date: OEC ~ 1973 We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. APPROVED I .~ ,~ FORM ~U-~ 6QyS~J' Council Chairman C T;OY UNSE_ . couN r. or ,~~wnn ti~ Dote:.1_L~`~..1.~._7..3.......__. UG§°; County Clerk ~~~F{~ Approved/Bimg~ed thisS `! ` day of i 9 Mayor, Co ty of Hawaii I Bill No. ~ Reference:FC-13/C- 548._ M.B. No. _._ Ord. No. ~ Bill No, 7 - 1.973 AN ORDINANCE AUTHORIZING THE ISSUANCE OF $5,000,000 GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAII FOR THE PURPOSE OF FINANCING VARIOUS PUBLIC IMPROVEMENTS OF THE COUNTY OF HAWAII: FIXING THE FORM AND DETAILS OF SUCH BONDS, AND PROVIDING FOR THEIR SALESp 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 SAID BONDS. This Bill authorizes the issuance of $5 000,000 General Obligation Bonds of the County of Hawaii for the purpose of financing various public improvements; fixes the form and detail of such Bonds, and provides for their sale; and authorizes the issuance and sale of a like principal amount of General Obligation Bond anticipation notes in anticipation of the issuance arr3 sale of said Bonds. Date Introduced: November 7, 1973 Copies of the foregoing Bill, in full, are on file in the Office of the County Clerk for use and examination by the public. I hereby certify that the foregoing Bill passed first reading at the meeting of the County Council on November 7, 1973, by the following aye and r/o vote: AYES: Councilmen Carpenter., De Luz, Farias, Fujii, Hisaoka, Kawahara, Matayoshi, Yadao and Chairman Yamada - 4. NOES: None. _,Wt1y~M IAA Ar V~ OF ~/ ~d~Lr~ A[F/L/ IND COUNTY CLERK ND INO COUNTY OF HAWAII AM- AND b el Owraral ObI1FamKl gene M- F Iwr« m aI1NCIptNna m. wd.aMe o1~ulA eallAa.: nfrotlufRA~ NevambAy Y, rn~ i el IM IOrapWlq~ Alll;. N' WI I, xa I m. odk..rm.ealmr clue ror and i nxabytar{IW thtl the KKaFNnp BIII alaeA Nrat raadinA at me mMKW of the evnty CeunNl en NovamDx ), IA3, by H rollewllp aya and ne vMe: FariH, Fdlll, -MIaNKa! RaWa hlahybNll, Vadeo'sntl CTairmeR Y1 -0. ' NOES: NOM. lADASHI SUZUKI COUNTY CLERK . COUNTY OF HAWAII leea-Mawall bibune~Nxsltl: ORDINANCE NO. 6 (Bill. No. 7-1973) AN ORDINANCE AUTHORIZING THE ISSUANCE OF $5,000,000 GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAII FOR THE PURPOSE OF FINANCING VARIOUS PUBLiC IMPROVEMENTS OF THE COUNTY OF HAWAII: FIXING THE FORM AND DETAILS OF SUCH BONDS, AND PROVIDING FOR THEIR SALE; AND AUTHORIZING THE ISSUANCE AND SALE OF A LIKE PRINCIPAL AMOUNT OF GENER:~L OBLIG.~TION BOND ANTIr_IpATION NOTES IN ANTICIPA- TION OF THE ISSUANCE AND SALE OF SAID DONllS. Date Approved: November 20, 1973 Date Effective: November 28, 1973 Copies of the foregoing Ordinance, in full, are on file .in the Office of the County Clerk for use and examination by the public. I hereby cert.ifv that the foregoing Ordinance passed second and final reading +a t. the meeting of the County Council on November 20, ].973, by the Following aye and no vote: AYES: Councilmen Carpenter, De Luz, Farias, Fujii, Hisaoka, Kawahara, Matayoshi, Yadao and Chairnan Yamada - 9. NOES: None. F OR INL ' OF ANO AND OHe AVNVVM:-p1DVNp6N 7F:9~- OHeE)reetiYS: Narelr'Wr +/A Cogas or role kvepllq ~ M Ml: are on fl~e'iD IM ON1~fa1 NMltGwlty Clwk for vu enA eKeIDMdbn~bY NNr public. -=1- '. I hereby <Ntlfy IbN Me eare~Yq OM1 ananrapneaE ZSCaM angNnal reeiNKl an the meafilq pf Kuo [oODrY Cpmcll an November zb;'1%7, by Mcblknripq Wt anp ro vots: AYES: UuMllmen CCXsrpNitN, p Luz, Fpin, FUhlr. NIYOMa;.~ KewMePo. hMrayeNt, Yagao allo GeirmAl Yemaga v. NOES: Nona. TAOASNI SU2UKI CoVNTV CLERK COUNTY OF HAWAII (IM-Nawali TNDYaPNeI'~lo: Dec. Z, 1%]I COUNTY CLERK CJ COUNTY OF HAW+~II S O F ~, /~"~' q o A~Ilr . Tadashi Suzuki m,/ ' ~' == = °% COUNTY CLERK 0\..0.. H OFFICE OF THE COUNTY CLERK COUNTY OF HAWAII HILO, HAWAII 96720 Mayor Shunichi Kimura County of Hawaii Hilo, Hawaii Robert Shioji DEPUTY COUNTY CLERK I hereby transmit Ordinance Bill No, 7 passed by the County Council on second and final reading. 1 ,~ i // DEPIJTY COUNTY CLERK/~ Encl. Dated: Nov. 21 1973