HomeMy WebLinkAboutResolution No. 2022-46COUNTY COUNCIL
COUNTY OF KAUA’I
3&c&iolution No.2022-46
RESOLUTION AMENDING RESOLUTION NO.2021-21,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.C150047-09
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUA’I,STATE OF
HAWAI’I:
SECTION 1.Resolution No.2021-21 is hereby amended in pertinent
part to read as follows:
“WHEREAS,the County of Kaua’i owns,and the Department of Public
Works Wastewater Management Division operates,the associated sewage
collection system and the Waimea Wastewater Treatment Plant (WWTP),
collectively known as the Waimea Wastewater System,that collects,treats,
and disposes of domestic and commercial wastewater from the Waimea
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
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 Waimea 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]is proceeding with the construction,construction
management,and related services,and the Loan shall be used to finance the
completion of Project No.C 150047-09;and
WHEREAS,under the terms and conditions anticipated with regards to
the loan,the County of Kaua’i will repay,over a term not to exceed twenty (20)
years,the principal amount,which shall not exceed [$7,500,000.00]
$8,000,000.00 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 Department of
Health,State of Hawai’i,to finance the construction and construction
management service 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 [$7,500,000.00.]
$8,000,000.00.
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 Director of the State Department of
Health.
BE IT FINALLY RESOLVED,that this Resolution shall take effect
upon its approval.”
SECTION 2.Material to be deleted is bracketed.New material is
underscored.
SECTION 3.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 Director of
the State Department of Health.
Introduced by:
BILL DECOSTA
(By Request)
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October 19,2022