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HomeMy WebLinkAboutRES 134 Draft 01 2012-2014 JNtYY�h�!Y . COUNTY OF HAWAII STATE OF HAWAII �Tf OF•HF,.� RESOLUTION NO. 134 13 A RESOLUTION AUTHORIZING THE ADOPTION OF USDA FORM RESOLUTION 1780-27 PROVIDING FOR A UNITED STATES DEPARTMENT OF AGRICULTURE RURAL DEVELOPMENT LOAN TO FINANCE CERTAIN PUBLIC WATER SYSTEM IMPROVEMENTS IN WATER IMPROVEMENT DISTRICT NO. 19—KONA OCEAN VIEW PROPERTIES SUBDIVISION, NORTH KONA, HAWAII; AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE UNITED STATES OF AMERICA DEPARTMENT OF AGRICULTURE, PURSUANT TO HRS 46-7, FOR A GRANT FOR COSTS OF SUCH PUBLIC WATER SYSTEM IMPROVEMENTS; AND AUTHORIZING THE MAYOR, MANAGER-CHIEF ENGINEER OF THE DEPARTMENT OF WATER SUPPLY, DIRECTOR OF FINANCE AND THE CHAIR OF THE COUNTY COUNCIL TO TAKE ALL ACTIONS NECESSARY TO FACILITATE SUCH LOAN AND GRANT WHEREAS, the County of Hawaii proposes to issue its general obligation bonds to evidence its repayment obligations for a loan to be obtained from the United States Department of Agriculture ("USDA"), in an amount not to exceed ONE MILLION ONE HUNDRED SIXTY NINE THOUSAND AND NO/100 DOLLARS ($1,169,000.00), to fund a portion of the costs of certain public water system improvements (the "Project") for Water Improvement District No. 19–Kona Ocean View Properties Subdivision, North Kona, Hawaii; and WHEREAS, in connection with such loan, the USDA has offered a grant to fund costs of the Project in an amount not to exceed THREE HUNDRED FIFTY THREE THOUSAND THREE HUNDRED SIXTY NINE AND NO/100 DOLLARS ($353,369.00); and WHEREAS, the USDA requires, as part of the loan, grant and bond closing process for the Project, that a Loan Resolution (RUS BULLETIN 1780-27, LOAN RESOLUTION), or similar resolution, be adopted, and that certain other documents be executed and actions be taken; 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 govermnents 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, including the Certification To Be Executed At Loan Closing. BE IT FURTHER RESOLVED that the Office of the Mayor is authorized to enter into a grant agreement with the USDA for a grant in the amount of up to $353,369.00 to be applied to the costs of the Project and is authorized to sign the above-referenced agreement and any related documents on behalf of the Office of the Mayor and the County of Hawaii pursuant to the Hawaii County Charter. BE IT FURTHER RESOLVED that the Mayor of the County of Hawaii, the Manager- Chief Engineer of the Department of Water Supply, the Finance Director of the County of Hawaii, and the Chair of the Council of the County of Hawaii are hereby authorized and empowered to take all action(s) necessary or appropriate in the execution of all written instruments as may be requested to facilitate the loan and grant and the terms of the loan and grant agreements, the provisions of which shall be incorporated upon such execution. BE IT FINALLY RESOLVED that the Clerk shall transmit copies of this Resolution to: the Honorable Mayor William P. Kenoi; Director of Finance Nancy Crawford; Corporation Counsel Lincoln Ashida; Real Property Tax Division Tax Administrator Stanley Sitko; Department of Water Supply Manager-Chief Engineer Quirino Antonio, Jr.; Water Board Chair Arthur K. Taniguchi; Hawaii State Director Chris Kanazawa, USDA Rural Development; Bond Counsel Brian T. Hirai, McCorriston Miller Mukai MacKinnon LLP; and Acting Legislative Auditor Lane Shibata. Dated at Hilo , Hawai`i thislOthday of July , 2013. INTRODUCED BY: COUNCIL MEMB , COUNTY OF HAWAI`I COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii EOFF X FORD X 1 hereby certify that the foregoing RESOLUTION was by ILAGAN X the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA X County of Hawaii on Tl1�Y�Q-�QL3 KERN X ONISHI X ATTEST: POINDEXTER X WILLE YOSHIMOTO Reference: C-320/Waived PWPRC COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 134 13 2 Position 5 EXHIBIT A RUS BULLETIN 1780-27 APPROVED OMB.No.0572-0121 LOAN RESOLUTION (Public Bodies) A RESOLUTION OF THE 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 PUBLIC WATER DISTRIBUTION SYSTEM FACILITY TO SERVE AN AREA LAWFULLY WITHIN ITS JURISDICTION TO SERVE. WHEREAS,it is necessary for the County of Hawaii (Public Body) (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 One Hundred Sixty-Nine Thousand Dollars($1,169,000) Chapter 47,Hawai'i Revised Statutes,as amended,and Chapter 12,Hawaii County pursuant to the provisions of Code 1983 (2005 Fdition,as amended) ;and WHEREAS„the Association intends to obtain assistance from the United States Department of Agriculture, (herein called the Government)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 Government. 2. To refinance the unpaid balance,in whole or in part,of its bonds upon the request of the Government 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 Farm and Rural Development Act(7 U.S.C. 1983(c)). 3. To provide for,execute,and comply with Form RD 400-4,"Assurance Agreement,”and Form RD 400-1,"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 S 10,000. 4. To indemnify the Government for any payments made or losses suffered by the Government 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 ly per- missible source. 5. That upon default in the payments of any principal and accrued 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 accrued 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 the provisions of this resolution or any instrument incident to the making or insuring of the loan may be construed by the Government to constitute default under any other instrument held by the Government and executed or assumed by the Association,and default under any such instrument may be construed by the Government to 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 the prior written consent of the Government if such undertaking would involve the source of funds pledged to pay the bonds. S. To place the proceeds of the bonds on deposit in an account and in a manner approved by the Government.Funds may be deposited in institutions insured by the State or Federal Government or invested in readily marketable securities backed by the 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 mainte- nance,debt service and reserves may only be retained or used to make prepayments on the loan.Revenue cannot be used to pay any expenses which are not directly incurred for the facility financed by USDA.No free service or use of the facility will be permitted. According to the Papernork Reduction Act of 1995,an agency may not conduct orsponsor,and a person is not required to respond to,a collection of information unless itdisplays a valid OMB corurol mrmber. The valid OMB control number-for this infarnwtion collection is 0572-0121. The time rewired to complete this information collection is estimated to average l hour per response,including the time fo-revlen ing instructions,semrhing existing data sources,gathering and maintaining the data needed,and completing and revien ing the collection of it formation. -2- 11. To acquire and maintain such insurance and fidelity bond coverage as may be required by the Government. 12. To establish and maintain such books and records relating to the operation of the facility and its financial affairs and to provide for required audit thereof as required by the Government,to provide the Government a copy of each such audit without its request,and to forward to the Government such additional information and reports as it may from time to time require. 13. To provide the Government at all reasonable times access to all books and records relating to the facility and access to the property of the system so that the Government may ascertain that the Association is complying with the provisions hereof and of the instruments incident to the making or insuring of the loan. 14. That if the Government requires that a reserve account be established,disbursements from that account(s)may be used when necessary for payments due on the bond if sufficient funds are not otherwise available and prior approval of the Government is obtained. Also,with the prior written approval of the Government,funds may be withdrawn and used for such things as emergency maintenance,extensions to facilities and replacement of short lived assets. 15. To provide adequate service to all persons within the service area who can feasibly and legally be served and to obtain USDA's concurrence prior to refusing new or adequate services to such persons.Upon failure to provide services which are feasible and legal,such person shall have a direct right of action against the Association or public body. 16. To comply with the measures identified in the Government's environmental impact analysis for this facility for the pur- pose of avoiding or reducing the adverse environmental impacts of the facility's construction or operation. 17. To accept a grant in an amount not to exceed S 353,369 under the ternis offered by the Government;that the Mayor,the Manager-Chief Engineer of the Department of Water Supply, the Director of Finance and the County Council Chair of the Association are hereby authorized and empowered to take all action necessary or appropriate in the execution of all written instruments as may be required in regard to or as evidence of such grant;and to operate the facility under the terms offered in said grant agreement(s). The provisions hereof and the provisions of all instruments incident to the making or the insuring of the loan,unless otherwise specifically provided by the terms of such instrument, shall be binding upon the Association as long as the bonds are held or insured by the Government or assignee.The provisions of sections 6 through 17 hereof may be 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 to be inconsistent with the provisions hereof, these provisions shall be construed as controlling between the Association and the Government or assignee. The vote was: Yeas 9 Nays 0 Absent 0 IN WITNESS WHEREOF,the County Council 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 Wednesday 10th day of .Tilly 9013 J.Yoshimoto (SEAL) By Attest: Title Chair,County Council Title County Clerk -3- CERTIFICATION TO BE EXECUTED AT LOAN CLOSING 1,the undersigned,as County Clerk of the County of Hawai'i hereby certify that the, County Council of such Association is composed of nine(9) members,of whom, nine (9) constituting a quorum,were present at a meeting thereof duly called and held on the 10th day of __J�y_2Q13-- ; and that the foregoing resolution was adopted at such meeting by the vote shown above,I further certify that as of September 19, 2013 the date of closing of the loan from the United States Department of Agriculture,said resolution remains in effect and has not been rescinded or amended in any way. Dated,this 19th day of September 013 Title County Clerk