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HomeMy WebLinkAboutORD 1980-511 1976-1980BILL NO. 551 (Amended) COUNTY OF HAWAII - S'.CATE OF HAWAII ORDINANCE NO. ~~~ AN ORDINANCE AMENDING ORDINANCE NO. 482 OF THE COUNTY OF HAWAII ADOPTED ON OCTOBER 17, 1979, TO PROVIIJE AN INCREASE IN THE PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS AU'.CHORIZED BY SAID ORDINANCE N0. 482, TO EXPAND THE APPLICATION OF THE PROCEEDS OF SAID BONDS, AND TO AUTHORIZE THE ISSUANCE AND SALE OF A LIKE PRINCIPAL AMOUNT OF GENERAL OBLIGATION BOND ANT ICIP.ATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SAID BONDS. BE IT ORDAINED BY THI; COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The title to Ordinance No. 482 of the County of Hawaii adopted on October 17, 1979, and which became effective on October 25, 1979, ("Ordinance No. 482"') is hereby amended by deleting $5,500,000 where it appears in said title and inserting in lieu thereof $7,500,000 so that the title shall read as follows: "AN ORDINANCE AUTHORIZING THE ISSUANCE OF $7,500,000 GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAII FOR THE PURPOSE OF FINANCING VARIOUS PUBLIC IMPROVEMENTS OF THE COUNTY OF HAWAII; FIXING THE FORM, DENOMINATION AND CERTAIN OTHER FEATURES OF SUCH BONDS, AND PROVIDING FOR THEIR SALE; AND AUTHORIZING THE ISSUANCE AND SALE OF A LIKE AMOUNT OF GENERAL OBLIGATION BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCES AND SALE OF SAID BONDS." SECTION 2. Section 1 of Ordinance No. 482 is amended by deleting $5,500,000 where it appears .in said section and inserting in lieu thereof $7,500,000, so that s+sid section reads in its entirety as follovas: "SECTION 1. There are hereby authorized for issuance and sale general obligation bonds of the County of Hawaii in the principal amount of $7,500,000, the proceeds derived from the sale of which shall be used to finance the various public improvements authorized herein." SECTION 3. A new section shall :be added to Ordinance No. 482 and shall be numbered Section 5. The new Section 5 shall read as follows: "SECTION 5. General Obligation bond anticipation notes are hereby authorized for issuance and sale by the Director of Finance in increments not to exceed $1,000,000 each, in anticipation of the issuance and sale of the general obligation bonds authorized in Sections 8 & 9 herein. The issuance and details of the notes shall be governed by the provisions of Section 47-2.2, Hawaii Revised Statutes, as amended, Bonds in anticipation of which bond anticipation notes are issued pursuant to this section be issued and. sold in accordance with the provisions of this ordinance at any time within two years of the date of issuance of the first notes issued in anticipation of such Bonds." SECTION 4. Section 5 of Ordinance No. 482 is replaced in its entirety by the following and re-numbered as Section 6: "SECTION 6. All or any portion of the proceeds derived from the sale of the Bonds, or any notes issued in anticipation of said Bonds, shall be expended :in accordance with Section 7 of Ordinance No. 482, as amended herein, provided that the proceeds or any portion thereof skull not be used so as to exceed as to any project authorized herein the amount which equals the amount of unlapsed appropriations which may be financed from the proceeds of general obligation bonds and which have not been financed from such proceeds or from other moneys. "The County of Hawaii hereby covenants with the holders from time to time of the Bonds and. the notes authorized herein, that so long as any Bonds or notes shall be outstanding no use of the proceeds thereof shall be made which, if such use had been reasonably expected on the date of issue thereof, - 2 - would have caused such Bonds or Notes to be "arbitrage bonds," as defined in subsection (c) (2) of Section 103 of the U. S. Internal Revenue Code of 1954, subject to treatment under subsection (c) (1) of said Section 103, and to that end the County shall comply with the applicable regulations of the Internal Revenue Service adopted under subsection (c) require- ments of Section 103 (c) of the U. S. Internal Revenue Code of 1954, as amended, and the applicable regulations of the Internal Revenue Service adopted ther.eunder." SECTION 5. Section 6 of Ordinance No. 482 shall be re-numbered as Section 7. SECTION 6. Section 7 of Ordinance No. 482 is replaced in its entirety by the following and re-numbered as Section 8: °'SECTION 8. The proceeds from the issuance and sale of General Obligation Bonds of the County of Hawaii or any notes in anticipation of the Bonds in the principal amount of $7,500,000 shall be used for the sole purpose of financing those public improvements authorized and set forth in this section in accordance with their listed priority. (1) b4aiakea Flood Control (Ord. 443, FY 19'79-80) Waiakea Flood Control (Ord. 586, FY 19'73-74) (2) Waimea Road Improvements (Ord. 443, FY 19'79-80) (3) Hamakua Road and Drainage Improvements (Ord. 446, FY 1978-79) (4) Honokaa Municipal. Parking Lot (Ord. 446, FY 1978-79) (5) Mamalahoa Highway Improvement, Honalo to Kainaliu (Ord. 443, FY 1979-80) (6) Hualalai Road Improvement (Ord. 443, FY 1979-80) (7) Haili Street Improvement (Ord. 443, FY 19 i9-80) (8) Kalapana Spur Road (Ord. 443, FY 1979-80) $ 800,000 200,000 350,000 240,000 150,000 200,000 200,000 300,000 70,000 - 3 - (9) Geothermal & Related Industrial Development (Ord. 360, FY 1978-79) (a) Pahoa-Pohoiki Road Improvement 600 000 (10) Kainaliu Parking Lot Restroom 70 000 (Ord. 443, FY ].979-80) , (11) Pahoa Park (Ord. 443, F'Y 1979-80) 100,000 (12) Hoolulu Multi-F~urpose Complex 100 000 (Hilo Civic Auditorium Improvements - , Plans and Construction) (Ord. 360, FY 1978-79) (13) Hilo Civic Auditorium Electrical 20 000 Improvement (Ord. 443, FY 1979-80) , (14) Old Carlsmith Property Park Restroom 25 000 (Ord. 443, FY 1979-80) , (15) Kohala Fire Station Shed 20 000 (Ord. 443, FY 1979-80) , (16) Ka'u Fire Station 150 000 (Ord. 443, FY 1979-80) , (17) Kailua Police Station 350 000 (Ord. 443, FY 1079-80) , (18) Kailua Village ]:mprovement (Ord. 360, FY 1978-79) (a) Kuakini Highway Corridor Improvement. (b) H l 525,000 ua alai Road Signalization 75 000 (c) Kailua-Kealakehe Sewerage , 100 000 (d) Kailua Parking Lot 210,000 (19) Kaumana Park (Ord. 403, FY 1979-80) 145,000 (20) Leleiwi Park Improvements 25 000 (Ord. 468, FY 1979-80) , (21) Kukuihaele Park improvements 40 000 (Ord. 468, FY 1979-80) ' (22) Improvements to Hilo Streets 150 000 (Ord. 289, FY 19'77-78) , (23) Hoolulu Multi-Purpose Facility 185 000 (Ord. 360, FY 19'I8-79) ' (24) Laupahoehoe Poini= Access Road 100 000 Improvements (Orci. 480, FY 1979-80) , (25) South Kohala Water Development 2 000 000 (Ord. 406, FY 1978-79) ' $7,500,000 - 4- SECTION 7. Section 8 of Ordinance No. 482 shall be re-numbered as Section 9. SECTION 8. Section 9 of Ordinance No. 482 shall be re-numbered as Section 10. SECTION 9. Section 10 of Ordinance No. 482 shall be re-numbered as Section 11. SECTION 10. This ordinance shall take effect upon its approval. INTRODUCED BY: G Counc lman o of Hawaii Date of Introduction: Date o£ Adoption: Effective Date: December 4, 1979 December 19, 1979 January 7, 1980 -5- Hilo, Hawaii hwo. ...L.,~ n ~ n-~n - _.... _.3-r_~ FIttST RFADIN6 --y AYES NOES A/E Dahlberg X Domingo X FuJii X Garcia ?X Kawahara X Laf X Sameshima X Tajlri ++ I X Chr. Yamashiro X 9 0 0 December 7, ]_979 Fub!iaation Date: _--- - Hilo, Hawaii n,.m. n.. ,......h.,,- 7 0 ~ 070 SECOND fr. FIFJA6 RFADFF3G AYES NOES A/E Dahlberg X Domingo X Fujil X Garcia X Kawahara X Lai X Sameshima Tajiri --- Chr. Yamashlro X X X -~- Publication Date VJe do hereby certify that the foregoing FlIL! wes adopted by the Counfy Counci! and published as indicused obove. 0.~„ar - c a e .d+~ Ucic -. --_ ~~ Council Chairman ///~~/,,,~~~~~~ ~~~~~~~~ ~ z ~~ - County Clerk i ~: a _t~79 .... _ _' [Sill No.__ 551__(_AMENDED~ FC-266_____,___ M.E.. No...-------- ------- -- - Ord. Plo..-----_ .,1~.9. -___._ _ _ //y ~~ Approved/-t6is__-!--------dny of