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V of COUNTY OF HAWAII STATE OF HAWAII oil' RESOLUTION NO, 502 20 A RESOLUTION RELATING TO THE FORMATION OF AN IMPROVEMENT DISTRICT FOR THE CONSTRUCTION OF PUBLIC SEWER IMPROVEMENTS LOCATED AT KALOKO AND KOHANAIKI,DISTRICT OF NORTH KONA,ISLAND AND COUNTY OF HAWAII,STATE OF HAWAII. WHEREAS,by Petition filed on January 29,2020(the"Petition"),RCTC KALOKO HEIGHTS,LLC,a Delaware limited liability company,KALOKO HEIGHTS BIA HOLDINGS,LLC,a Delaware limited liability company,and KALOKO HEIGHTS INVESTORS,LLC,a Delaware limited liability company,hereinafter collectively referred to as the"Petitioner",petitioned this County Council, in accordance with Section 12-16,Hawaii County Code,to accept and grant the Petition and undertake all things necessary to initiate and complete the formation of an Improvement District for the construction of certain public sewer improvements;and WHEREAS,the Petitioner designated certain parcels,identified as TMKs(3) 7-3- 009:019, 057, 058,059,060, 061 and 062,located at Kaloko and Kohanaiki,North Kona, Hawai'i, as the area of land comprising the proposed Improvement District; and WHEREAS,the Petitioner is the owner in fee simple of one hundred percent(100%)of the entire assessable area within the proposed Improvement District;and WHEREAS,the Petition has been fully considered by the County Council; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII,that: 1. The Petition is accepted; and 2. In accordance with the requirements of Hawaii County Code(HCC)Section 12- 16,Petition by One Hundred Percent of Frontage or Area,the Director of the Department of Enviroru-nental Management is hereby directed to prepare and submit to the Council a report meeting the requirements of HCC Section 12-10(a),including applicable surveys,plans,maps and other data to create, define and establish the Improvement District in accordance with HCC Sections 12-18, 12-19, 12-20 and 12-21,as applicable, in the same manner as though the plan for the proposed improvements had been initiated by the Council on its own motion.