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lu;~ COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 239 (34 A RESOLUTION AUTHORIZING THE ADOPTION OF USDA FORM RESOLUTION 1780-27 PROVIDING FOR THE INCURRENCE OF INDEBTEDNESS FOR THE FINANCING OF PUBLIC WATER SYSTEM IMPROVEMENTS IN IMPROVEMENT DISTRICT NO. 18-KONA COASTVIEW AND KONA WONDERVIEW SUBDIVISIONS, NORTH KONA, HAWAII; TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES OF AMERICA, PURSUANT TO HRS 46-7, FOR THE USDA GRANT PORTION OF THE COSTS OF IMPROVEMENT DISTRICT NO. 18; AND TO AUTHORIZE THE MAYOR, MANAGER OF THE DEPARTMENT OF WATER SUPPLY, FINANCE DIRECTOR AND THE CHAH2 OF THE COUNTY COUNCIL TO TAKE ALL ACTION(S) NECESSARY TO FACILITATE AND EXECUTE SUCH LOAN AND GRANT AGREEMENTS BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: WHEREAS, the County of Hawaii, by adoption of Ordinance No. 04-93, approved the issuance of General Bond Series A and B to fund repayment of loans taken for a Water System Improvement District, Improvement District No. 18 -Kona Coastview and Kona Wonderview Subdivisions, North Kona, Hawaii; and WHEREAS, on August 30, 2004, the Office of General Counsel, United States Department of Agriculture ("USDA") sent notice that as part of the loan, grant and bond closing process scheduled for September 30, 2004, the USDA requires that the Loan Resolution attached as Exhibit A ("RUS Bulletin 1780-27, Loan Resolution"), or similar resolution, be adopted; and WHEREAS, other documents may be required to be submitted by the County of Hawaii to the USDA to complete the loans in the amount of THREE MILLION SIX HUNDRED NINETY-SIX THOUSAND FOUR HUNDRED AND NO/100 DOLLARS ($3,696,400.00) and grant in the amount of ONE MILLION EIGHT HUNDRED TWENTY-THREE THOUSAND SIX HUNDRED AND NO/100 DOLLARS ($1,823,600.00) being offered by the USDA; and WHEREAS, Hawaii Revised Statutes, Section 46-7, requires that county departments obtain the consent of the County Council to enter into agreements with the federal or state governments respecting action(s) to be taken pursuant to any of the powers granted by law to furnish, expend and receive any funds or other assistance in connection with projects being or undertaken pursuant to those powers. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that the Council hereby adopts the USDA Form Loan Resolution ("RUS Bulletin 1780-27, Loan Resolution") attached as Exhibit A to this resolution, to include the Certification To Be Executed At Loan Closing; and BE IT FURTHER RESOLVED that the Office of the Mayor is authorized to enter into a grant agreement with the United States Department of Agriculture for a grant in the amount of $1,823,600.00 to be