BOARD OF WATER SUPPLY, COUNTY OF MAUI RESOLUTION NO. 05 (1993) REQUESTING, CONSENTING TO AND APPROVING THE ISSUANCE AND SALE OF GENERAL OBLIGATION REFUNDING BONDS OF THE COUNTY OF MAUI, HAWAII, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $8,445,000 FOR THE PURPOSE OF REFUNDING ALL OR A PART OF THE OUTSTANDING GENERAL OBLIGATION BONDS, 1986 SERIES A, AND ALL OR A PART OF THE OUTSTANDING GENERAL OBLIGATION BONDS, 1989 SERIES A, IN EACH CASE TO THE EXTENT SUCH OUTSTANDING BONDS WERE ISSUED TO FINANCE THE WATERWORKS OF THE COUNTY WHEREAS, the Council of the County of Maui (the "County") has authorized the issuance of General Obligation Bonds, 1986 Series A, and General Obligation Bonds, 1989 Series A, some of said bonds requiring reimbursement of the General Fund from the revenues of the Department of Water Supply of the County; and WHEREAS, the Council of Obligation Refunding Bonds of the Obligation Bonds; and the County has issued General County to refund said General Obligation Bonds; and WHEREAS, under the Constitution and Statutes of the State of Hawaii and the Charter of the County, the Board of Water Supply of the County shall by resolution request and consent to the issuance of such refunding bonds and pledge of the revenues of the Department of Water Supply to the payment and security of such refunding bonds; and WHEREAS, the Board of Water Supply of the County has heretofore found and determined it to be beneficial to the management and operation of the water systems of the County to request and consent to the issuance of such refunding bonds and on March 16, 1993 adopted a resolution for this purpose; WHEREAS, the Department of Water Supply of the County of Maui desires to request, consent to and approve the issuance and sale Maui desires to request, consent to and approve the issuance and sale of the County of Maui General Obligation Refunding Bonds, 1993 Series B and 1993 Series D (collectively, the "Refunding Bonds"), the proceeds of which are used to refund all or a portion of the outstanding County of Maui General Obligation Bonds, 1986 Series A and 1989 Series A, and to adjust and confirm the timing and amounts of reimbursement of the General Fund of the County from revenues of the Department of Water Supply of the County on account of said Refunding Bonds; now, therefore, BE IT RESOLVED by the Department of Water Supply of the County of Maui, State of Hawaii: 1. That pursuant to Part I, Chapter 47, Hawaii Revised Statutes, as amended, the Department of Water Supply hereby requests, consents to and approves the issuance and sale of the Refunding Bonds in an aggregate principal amount not to exceed EIGHT MILLION FOUR HUNDRED FORTY-FIVE THOUSAND DOLLARS ($8,445,000), proceeds of which are used to refund all or a part of the portion of outstanding General Obligation Bonds, 1986 Series A, and the outstanding General Obligation Bonds, 1989 Series A, which were issued for the purpose of providing financing for the waterworks of the County, and which require reimbursement of the General Fund from the revenues of the Department of Water Supply of the County. 2. That said Refunding Bonds shall be deemed issued for a puDlic undertaking from which revenues are derived, to wit: for the waterworks of the County. The Department of Water Supply hereby consents to the reimbursement of the general fund of the County for the payment of the principal of and interest on said Refunding Bonds from the revenues of the Department of Water Supply, such reimbursement to be made in a manner consistent with the provisions of the Constitution and laws of the State of Hawaii and the Charter of the County and in the amounts and at or prior to the dates set forth in the schedule attached hereto and incorporated into this Resolution as if set fully forth herein. 3. The Resolution adopted by the Department of Water Supply on March 16, 1993 hereinabove referred to shall remain in full force and effect except only as modified by this Resolution. APPROVED AS TO FORM AND LEGALITY: John S. Rapacz Deputy Corporation Counsel County of Maui
Department of Water Supply
County of Maui
P.O. Box 1109
Wailuku, HI 96793-6109
Telephone (808) 270-7816
Fax (808) 270-7833