COUNTY OF MAUI, BOARD OF WATER SUPPLY RESOLUTION NO. 12 (1998) REQUESTING THE ISSUANCE AND SALE OF GENERAL OBLIGATION REFUNDING BONDS OF THE COUNTY OF MAUI, HAWAII IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED MILLION EIGHT HUNDRED FIFTY THOUSAND DOLLARS ($1,850,000) FOR THE PURPOSE OF REFUNDING ALL OR A PART OF CERTAIN OUTSTANDING WATER SYSTEM GENERAL OBLIGATION BONDS ISSUED TO FINANCE THE WATER WORKS OF THE COUNTY WHEREAS, the Department of Water Supply ("Department") of the County of Maui, Hawaii ("County") consisting of a Board of Water Supply ("Board"), the Director, a Deputy Director, and the necessary staff has, pursuant to the Charter of the County, the full and complete authority to manage, control and operate water systems owned and operated by the County, including all the County water rights and water sources, together with all materials, supplies and equipment and all real and personal property used in connection with such water systems, and has, pursuant to such authority, managed, controlled, and operated such water systems; and WHEREAS, under the Constitution of the State of Hawaii, Hawaii Revised Statutes, and the Charter of the County, the Board may by resolution request and consent to the issuance of general obligation refunding bonds of the County to refund outstanding bonds of the Board, and to pledge the revenues of the Department to the payment and security of such refunding bonds; and WHEREAS, the Board has determined that it is financially advantageous and in the best interest of the Department to request that the County issue a series of General Obligation Refunding Bonds for the purpose of refunding certain maturities of the County's outstanding General Obligation Water Bonds, 1971, and to advance refund certain maturities of the County's outstanding general obligation Bonds, 1992, Series A in the aggregate outstanding principal amount of $1,850,000; and WHEREAS, the Board finds and determines 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; now, therefore, BE IT RESOLVED by the Board: 1. That pursuant to Part I, Chapter 47, Hawaii Revised Statutes as amended, the County Council ("Council") is hereby requested to authorize the issuance of general obligation bonds of the County in an aggregate principal amount not to exceed ONE MILLION EIGHT HUNDRED FIFTY THOUSAND DOLLARS ($1,850,000), the proceeds derived from the sale thereof to be used for refunding all or a portion of the General Obligation Water Bonds, 1971, and General Obligation Bonds 1992, Series A that 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. The Director of Finance of the County in accordance with and subject to the Constitution and laws of the State of Hawaii and the Charter and ordinances of the County including the ordinance authorizing the Refunding Bonds, shall fix and determine the form, date, denomination, and maturities of the Refunding Bonds, which shall mature in substantially equal installments of principal and interest which he deems to be in the best interest of the Department. The Refunding bonds shall be substantially in the form of the general obligation bonds of the County heretofore issued with such omissions from such form, such insertions therein, and such variations thereof, as shall be deemed necessary and desirable to reflect the provisions of the Constitution and laws of the State of Hawaii and the Charter and ordinances of the County, including the ordinance authorizing the Refunding Bonds. The Refunding Bonds shall have such further details as shall be determined by the Director of Finance consistent with the Constitution and laws of the State of Hawaii and the Charter and ordinances of the County including the ordinance authorizing the Refunding Bonds, all as the Director of Finance deems to be in the best interest of the Department; and 2. That the Council is hereby requested to authorize the Director of Finance to issue and sell the Refunding Bonds at such time as the Director of Finance shall determine in the best interest of the Department; and 3. That the Refunding Bonds shall be deemed issued for a public undertaking from which revenues are derived, to wit: for the waterworks of the County. The Board hereby covenants that the General Fund of the County of Maui shall be reimbursed for the payment of the principal of and interest on said Refunding Bonds. The Board further pledges as security for repayment of the bonds Department of Water Supply revenues from the undertakings which the Refunding Bonds will finance. Such reimbursement will be made in a manner consistent with the provisions of the Constitution and laws of the State of Hawaii and the County Charter. 4. This Resolution shall take effect upon the adoption thereof, and a certified copy shall be delivered to the Mayor and to the Council. Approved as to form and legality: Gary Zakian 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