Loading...
HomeMy WebLinkAboutRES 169 Draft 02 1998-2000 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 169 99 (DRAFT 2) A RESOLUTION AUTHORIZING AND PROVIDING FOR THE INCURRRNCR OF INDEBTEDNRSS FOR THE PURPOSE OF PROVIDING A PORTION OF THE COSTS OF CONSTRUCTING THR BAST HAWAII POLICE DETENTION FACILITY. WHEREAS, it is necessary for the County of Hawaii to raise a portion of the costs of constructing the East Hawaii Police Detention Facility by issuing its bonds in the principal amount of Z1.8 million pursuant to the provisions of Chapter 47 of the Hawaii Revised Statutes; and WHEREAS, the County intends to obtain assistance from the Farmers Home Administration, United States Department of Agriculture, in the financing of such undertaking. NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THS COUNTY OF HAWAII that the Hayor of the County of Hawaii is hereby authorized and empowered to take all action necessary or appropriate in the execution of all written instruments as may be requested to such loans and to construct the facility under the terms offered in said loan agreement, the provisions of which shall be incorporated herein upon such execution. Dated: Hilo, Hawaii, this 1st day of Decanber 1999. INTROD~U~CR-7D~BY: j r COUNCIL MRliBRR, CO OF ///HAWAII COUNTY COUNCIL County of Hawaii ROLL CALL VOTE Hilo, Hawaii AYES NOES ABS EX ARAKAKI I hereby certify that the foregoing RESOLUTION wns by CHUNG X the vote indicated to the right hereof adopted by the COUNCIL of the ELARIONOFF County of Hawaii on D2CgTlber' 1. 1999 JACOBSON X ATTEST: LEITHEAD-TODD X PISICCHIO X SM[TH X TYLER YAGONG X ~ 6 3 0 0 i Reference: C-526.001 COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION PvO. (DRAFT 2) r Position S USDA Forth RD 1942-47 LOAN RESOLUTION (Rev. 12-97) (Public Bodies) FORM APPROVED OMB N0.0575-0015 ARESOLUTIONOFTHE County Council OF THE County of Hawaii AUTHORIZING AND PROVIDING FOR THE INCURRENCE OF INDEBTEDNESS FOR THE PURPOSE OF PROVIDING A PORTION OF THE COST OF ACQUIRING, CONSTRUCTING, ENLARGING, IMPROVING, AND/OR EXTENDING ITS East Hawaii Police Detention FACILITY TO SERVE AN AREA LAWFULLY WITHIN ITS JURISDICTION TO SERVE. WHEREAS, it is necessary for the County of Hawaii (Public Bodyl (herein after called Association) to raise a portion of the cost of such undertaking by issuance of its bonds in the principal amount of One Million Eight Hundred Thousand Dollars pursuant to the provisions of Chanter 47 of the Hawaii Revised Statutes ;and WHEREAS, the Association intends to obtain assistance from the Rural Housing Service, Rural Business -Cooperative Service, Rural Utilities Service, or their successor Agencies with the United States Department of Agriculture, (herein called the Govemment) acting under the provisions of the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) in the planning, financing, and supervision of such undertaking and the purchasing of bonds lawfully issued, in the event that no other acceptable purchaser for such bonds is found by the Association: NOW THEREFORE in consideration of the premises the Association hereby resolves: I. To have prepared on its behalf and to adopt an ordinance or resolution for the issuance of its bonds containing such items and in such forms as are required by State statutes and as are agreeable and acceptable to the Govemment. 2. To refinance the unpaid balance, in whole or in part, of its bonds upon the request of the Govemment if at any time it shall appear to the Government that the Association is able to refinance its bonds by obtaining a loan for such purposes from responsible cooperative or private sources at reasonable rates and terms for loans for similar purposes and periods of time as required by section 333(c) of said Consolidated Fann and Rural Development Act (7 U.S.C. 1983(c)). 3. To provide for, execute, and comply with Forth RD 400-4, "Assurance Agreement," and Form RD 400-I, "Equal Opportunity Agreement," including an "Equal Opportunity Clause;' which clause is to be incorporated in, or attached as a rider to, each construction contract and subcontract involving in excess of $10,000. 4. To indemnify the Government for any payments made or losses suffered by the Govemment on behalf of the Association. Such indemnification shall be payable from the same source of funds pledged to pay the bonds or any other legal permissible source. 5. That upon default in the payments of any principal and accmed interest on the bonds or in the performance of any covenant or agreement contained herein or in the instruments incident to making or insuring the loan, the Government at its option may (a) declare the entire principal amount then outstanding and accmed interest immediately due and payable, (b) for the account of the Association (payable from the source of funds pledged to pay the bonds or any other legally permissible source), incur and pay reasonable expenses for repair, maintenance, and operation of the facility and such other reasonable expenses as may be necessary to cure the cause of default, and/or (c) take possession of the facility, repair, maintain, and operate or rent it. Default under Che provisions of this resolution or any instmmen[ incident to the making or insuring of [he loan may be construed by the Govemment to constitute default under any other instrument held by the Govemment and executed or assumed by the Association, and default under any such instrument may be construed by the Govemment [o constitute default hereunder. 6. Not to sell, transfer, lease, or otherwise encumber the facility or any portion thereof, or interest therein, or permit others to do so without the prior written consent of the Government. 7. Not to defease the bonds, or to borrow money, enter into any contractor agreement, or otherwise incur any liabilities for any purpose in connection with the facility (exclusive of normal maintenance) without [he prior written consent of the Govemment if such undertaking would involve [he source of funds pledged to pay the bonds. 8. To place the proceeds of the bonds on deposit in an account and in a manner approved by the Govemment. Funds may be deposited in institutions insured by the State or Federal Govemment or invested in readily marketable securities backed by [he full faith and credit of the United States. Any income from these accounts will be considered as revenues of the system. 9. To comply with all applicable State and Federal laws and regulations and to continually operate and maintain the facility in good condition. 10. To provide for the receipt of adequate revenues to meet the requirements of debt service, operation and maintenance, and the establishment of adequate reserves. Revenue accumulated over and above that needed to pay operating and maintenance, debt service and reserves may only be retained or used [o make prepayments on the loan. Revenue cannot be used to pay any expenses which are not directly incurred for the facility financed by the Government. No free service or use of the facility will be permitted. Aomrdmg m the Papem~ork Redurnon An of 1995, nn persons are regwred m respond rn a rnllecunn nfinformannn un(esr a dirplops a rand OMB r north/ namher. the . alyd OMB rr~nunl num~erf r this informaunn rv0eomn rs H575-00/ f. The rrme required m onmplerc rhrs mfnrmauon rollPrnnn rr esnnrmed la aremge l hour per response. rnrludrnq the nme frm rerrruvre nvrurnnns. searching ea.mnq dam rour[es. Xathenng and mmnlamme the data needed. and rumplrripq and renew+pq the o+l(ee non of mfnrmauon. -z- 11. To acquire and maintain such insurance and fidelity bond coverage as may be required by [he Government. 12. To establish and maintain such books and records relating to [he operation of [he facility and its financial affairs and [o provide for required audit thereof as required by the Government, to provide [he Government a copy of each such audit without its request, and [o forward to the Govemment such additional information and reports as it may from time [o time require. 13. To provide [he Government at all reasonable times access to all books and records relating to the facility and access to the property of [he system so [hat [he Govemment may ascertain [ha[ [he Association is complying with the provisions hereof and of [he ins[mments incident to the making or insuring of [he loan. 14. That if [he Govemment requires that a reserve account be established and maintained, disbursements from that account may be used when necessary for payments due on [he bond if sufficient funds are no[ otherwise available. With the prior written approval of [he Govemment, funds may be withdrawn for: (a) Paying the cos[ of repairing or replacing any damage to the facility caused by catastrophe. (b) Repairing or replacing short-lived assets. (c) Making extensions or improvements to the facility. Any time funds are disbursed from [he reserve account, additional deposits will be required until the reserve account has reached [he required funded level. I5. To provide adequate service to all persons within the service area who can feasibly and legally be served and to obtain the Government's concurrence prior to refusing new or adequate services to such persons. Upon failure [o provide services which are feasible and legal, such person shall have a direct right of action against [he Association or public body. 16. To comply with the measures identified in [he Government's environmental impact analysis for this facility for the purpose of avoiding or reducing [he adverse environmental impacts of the facility's construction or operation. 17. To accept a grant in an amount no[ to exceed $ under the terms offered by [he Govemment; that [he and of [he Association are hereby authorized and empowered [o take all action necessary or appropriate in [he execution of all written instmments as may be required in regard to or as evidence of such grant; and to operate [he facility under the terms offered in said gran[ agreement(s). The provisions hereof and the provisions of all instruments incident to the making or the insuring of [he loan, unless otherwise specifically provided by [he terms of such instrument, shall be binding upon the Association as long as the bonds are held or insured by the Govemment or assignee. The provisions of sections 6 through 17 hereof may he provided for in more specific detail in the bond resolution or ordinance; to the extent that the provisions contained in such bond resolution or ordinance should be found [o be inconsistent with the provisions hereof, these provisions shall be construed as controlling between the Association and the Govemment or assignee The vote was: Yeas 6 Nays 3 Absent 0 IN WITNESS WHEREOF, the County Cotutcil of the County of Hawai' i has duly adopted this resolution and caused it to be executed by the officers below in duplicate on this 1st day of Decanber , 19 99 (SEAL) Jam Arak ki Attest: Title Council Chaiitrtan Title fn~mty flPrk, ('nnnty of Hawaii -3- CERTIFICATION TO BE EXECUTED AT LOAN CLOSING the undersigned, as Cotutty Clerk of [he County of Hawai ~ i hereby certify that the Hawai' i County Cotancil of such Association is composed of 9 members, of whom 9 , constituting a quorum, were present a[ a meeting [hereof duly called and held on the 1st day of December , 19 99 ;and that the foregoing resolution was adopted at such meeting by [he vote shown above. I further certify that as of _ the date of closing of the loan from the Government, said resolution remains in effect and has no[ been rescinded or amended in any way. Dated, this day of ,19 Tide CA IIl y Cl rk, n to v of Hawai ' i