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HomeMy WebLinkAboutResolution No. 2021-21COUNTY COUNCIL COUNTY OF KAUA'! l\,esolution No. 2021-21 RESOLUTION AMENDING RESOLUTION NO. 2021-09, AUTHORIZING THE MAYOR AND THE DIRECTOR OF FINANCE OF THE COUNTY OF KAUA'I TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF HAWAI'I, DEPARTMENT OF HEALTH FOR A LOAN FROM THE STATE WATER POLLUTION CONTROL REVOLVING FUND FOR THE WAIMEA R-1 WASTEWATER DISTRIBUTION SYSTEM UPGRADES, PROJECT NO. C15004 7-09 BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUA'I, STATE OF HAWAI'I: SECTION 1. to read as follows: Resolution No. 2021-09 is hereby amended in its entirety "WHEREAS, the County of Kaua'i owns, and the Department of Public Works Wastewater Management Division operates, the associated sewage collection system and the W aimea Wastewater Treatment Plant (WWTP), collectively known as the Waimea Wastewater System, that collects, treats, and disposes of domestic and commercial wastewater from the W aimea community; and WHEREAS, Hawai'i Revised Statutes, Chapter 342D, Part V, establishes a State Water Pollution Control Revolving Fund, commonly referred to as the Clean Water State Revolving Fund (CWSRF), in accordance with the provisions and requirements of the Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq.; and WHEREAS, the Department of Public Works Wastewater Management Division intends to apply for and secure funding with the State of Hawai'i, Department of Health, for a State Water Pollution Control Revolving Fund Loan for the W aimea R-1 Wastewater Distribution System Upgrades (hereinafter, "Project No. C150047-09"); and WHEREAS, the design for Project No. C150047-09 is complete and the County will seek bids for its construction, construction management, and related services, and the loan shall be used to finance the completion of Project No. C150047-09; and WHEREAS, under the terms and conditions anticipated with regards to the loan, the County of Kaua'i shall repay, over a term not to exceed twenty (20) years, the principal amount, which shall not exceed [$6,500,000.00] $7,500,000.00 for Project No. C150047-09; now therefore BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUA'I, STATE OF HAWAI'I, that the County of Kaua'i, pursuant to Section 342D-83 through Section 342D-87, Hawai'i Revised Statutes, execute a loan funded by the State Water Pollution Control Revolving Fund with the 1 Director of the Department of Health, State of Hawai'i, to finance the construction and construction management services of Project No. C150047-09. BE IT FURTHER RESOLVED, that the Mayor and the Director of Finance of the County of Kaua'i are authorized to execute all necessary intergovernmental agreements and documents between the State of Hawai'i and the County of Kaua'i relating to the CWSRF loan, including a State Water Pollution Control Revolving Fund Loan Agreement, to finance the construction and construction management services of Project No. C150047-09, with CWSRF loan funds, the principal amount not to exceed [$6,500,000.00.] $7,500,000.00. BE IT FURTHER RESOLVED, that the County pledges its full faith and credit, including, but not limited to, the County's general taxing power, as security for the loan. BE IT FURTHER RESOLVED, that the County Clerk be directed to provide copies of this Resolution to the Mayor, the Department of Public Works, the Director of Finance, and the Director of the State Department of Health. BE IT FINALLY RESOLVED, that this Resolution shall take effect upon its approval." SECTION 2. underscored. SECTION 3. Material to be deleted is bracketed. New material 1s This Resolution shall take effect upon its approval. SECTION 4. Certified copies of this Resolution shall be transmitted to the Mayor, the Department of Public Works, the Director of Finance, and the Director of the State Department of Health. Introdud~ ~~ r..,--J,-- BILL DECOSTA (By Request) V:\RESOLUTIONS\2020-2022 TERM\Revising 2021-09 re WWTP (revised)-$7.5mil (BD)AAO_lc.doc %eve Qear\Jalbo X Qebock X Qeowben X :;JBeQCosta X QE\Jslin y J!anesbiro X J!uali'i X m:otal 7 ~av Qexcu~eb 3Recu~eb 0 0 0 QCertif icate <9f ab option We berebp certifp tbat l\esolution ~o. 2021-21 was abopteb bp tbe Qeouncil of tbe Qeountp of J!aua'i, ~tate of 1!}awai'i, 1Llbu'e, J!aua'i, 1!}awai'i, on May 19, 2021 :ilBateb May 19, 2021 2