RES 741 Draft 01 2018-2020 - Laserfiche WebLink

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WHEREAS, it is necessary for the County to acquire the Project Site and invoke its condemnation powers to complete the Project; and WHEREAS, Section 101-13 of the Hawai`i Revised Statutes requires that a condemnation action by the County must be authorized by a resolution of the County Council; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it is necessary for the public use and purpose for the benefit of the County, to wit: construction of a wastewater treatment plant to replace existing LCCs in, and serve and address the needs of, the Pahala community, to take, acquire, and condemn the Project Site, which is that portion of the Property identified as Tax Map Key Number(3) 9-6-002:018, containing an area of 14.9 acres, more or less, situated at Punalu`u-Pa`au`au in the District of Ka`u, Island and County and State of Hawai`i, as more specifically shown on the attached Exhibit"A." BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Corporation Counsel of the County be and is hereby authorized and empowered to initiate proceedings in eminent domain, as provided by law, for the taking, acquisition and condemnation of the Project Site. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that in the process of said proceedings in eminent domain, the Corporation Counsel be and is hereby authorized and empowered to negotiate terms of settlement in accordance with the approval of the Court before which such proceedings are prosecuted. 2