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HomeMy WebLinkAboutResolution No. 2026-09COUNTY COUNCIL COUNTY O F KAUA'I ~esolutton No. 2026-09 RESOLUTION 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 AND DEPARTMENT OF HEALTH FOR A LOAN FROM THE STATE WATER POLLUTION CONTROL REVOLVING FUND FOR THE RESIDENTIAL CESSPOOL CONVERSION PROGRAM (COUNTY OF KAUA'I RESIDENTIAL CESSPOOL CONVERSION PROGRAM 2), PROJECT NO. RCC00KA-02 WHEREAS, the Kaua'i County Housing Agency ("Housing Agency"), on behalf of the County of Kaua'i, is responsible for the exercise of the powers provided in Hawai'i Revised Statutes (HRS) Sections 46-15.1, 46-15.2 and Chapter 53, and to administer and supervise the programs and projects implemented pursuant thereto; and WHEREAS, in order to implement and provide the programs, projects or services resulting from the exercise by the County of Kaua'i's of the aforesaid enumerated powers, the Housing Agency may, subject to the applicable County, State, and Federal laws, regulations, and guidelines, apply for, receive, a nd administer state or federal moneys for the preservation or rehabilitation of housing units; and WHEREAS, the Housing Agency in accordance with Kaua'i County Code 1987, as amended, Section 2-l.16(e)(7), has the duty to administer, supervise, and implement the Residential Cesspool Conversion Program (County of Kaua'i Residential Cesspool Conversion Program 2) which involves tasks to secure, distribute and utilize State Water Pollution Control Revolving Fund moneys; and WHEREAS, Hawai'i Revised Statutes, Chapter 342D, Water Pollution, Part V, W ater Pollution Control Financing, establishes a State Water Pollution Control Revolving Fund, commonly referred to as the Clean Water State Revolving Fund ("CWSRF"), established and administered in accordance with the provisions and requirements of the Federal Water Pollution Control Act, 33 US.C. 1251 et seq.; a nd 1 WHEREAS, the Housing Agency 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 Residential Cesspool Conversion Program (County of Kaua'i Residential Cesspool Conversion Program 2) (Project No. RCC00KA-02); and WHEREAS, under the anticipated terms and conditions of the CWSRF loan for Project No. RCC00KA-02, the County of Kaua'i shall repay, over a term not to exceed twenty (20) years, the principal amount, which shall not exceed $1,000,000 for Project No. RCC00KA-02. If the State Water Pollution Control Revolving Fund is principal forgiveness and the County of Kaua'i does not default on the State Water Pollution Control Revolving Fund terms and/or conditions, then repayment is not required; now therefore BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUA'I, STATE OF HAWAI'I, that the County ofKaua'i, pursuant to Hawai'i Revised Statutes Section 342D-83 through Section 342D-87, execute with the Director of the Department of Health, State of Hawai'i, a loan funded by the State Water Pollution Control Revolving Fund in a principal amount not to exceed $1,000,000, to finance the civil engineering and construction services of Cesspool Conversion Project No. RCC00KA-02. BE IT FURTHER RESOLVED, that the Mayor and the Director of Finance of the County of Kaua'i are authorized to execute 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, and other necessary intergovernmental agreements, to finance the civil engineering and construction services of Project No. RCC00KA-02, with CWSRF loan funds. BE IT FURTHER RESOLVED, that the County of Kaua'i pledges its full faith and credit, including, but not limited to, the County of Kaua'i's general taxing power, as security for the loan. BE IT FURTHER RESOLVED, that the County ofKaua'i agrees to defend, indemnify, and save harmless the State of Hawai'i and its officers, employees, and agents from and against any and all actions, claims, suits, damages, and costs arising from the acts or omissions of the County or the County's officers, employees, or agents relating to the Residential Cesspool Conversion Program. BE IT FURTHER RESOLVED, that the County Clerk be directed to provide copies of this Resolution to Mayor Derek S.K. Kawakami, the County of Kaua'i Housing Agency, the Kaua'i Department of Planning, the Department of Public Works, the Director of Finance, and the County of Kaua'i Department of Water. 2 BE IT FINALLY RESOLVED, that this Resolution shall take effect upon its approval. Introduced by ~~ ~ KIPUKAI KUALI'I (By Request) V:\RESOLUTIONS\2024-2026 TERM\2026-118 Housing on Cesspool Conversion Program KK_CNT_mn.docx )9pc ~av lfjulosan <.tarbalbo X QCob:Jben X J!}ollanb X lltanesbtro X lltuali'i X 3R.apo?o X 'QI::otal 6 0 QEx.cu.sch 3B.cru.sch X 1 0 €trtificatt cl&f ~boption We berebp certifp tbat 3R.esolution ~o. 2026-09 was al:Joptel:J bp tbe <!Council of tbe QCountp of J!aua'i, ~tate of J!}ab:Jai 'i, JL1bu 'e, lltaua'i, J!}ab:Jai'i, on March 11, 2026 ~ ~ <.tbairman & ~resil:Jing ©fficer 11Elatel:J March 11, 2026 3