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SECTION 2. Chapter 14, of the Hawaii County Code 1983 (2016 Edition, as amended), is <br />amended by adding a new article 26 to read as follows: <br />"Article 26. County Authority to Improve, Grade, Repair, or <br />Do Construction Work Upon Private, Nondedicated, and Non -surrendered roads. <br />Section 14-26-1. Purpose. <br />Section 265A-1, Hawaii Revised Statutes, provides that the council may enact an <br />ordinance that authorizes the County to improve, grade, repair, or do construction work upon <br />private roads. The council finds that there are private, nondedicated, and non -surrendered roads <br />in Hawaii County that are open to the general public and necessary for public transportation or <br />public safety, or both. The council further finds that the public interest of the County is served <br />by performing such improvement, grading, repair or construction work upon such roads, in <br />limited circumstances. Any such work undertaken by the County pursuant to this article shall <br />not be construed as evidence of intention by the County to dedicate or condemn any subject road <br />to the public use, take control over the subject road, nor obligate the County to improve, grade, <br />repair, or do construction work upon the subject road in the future. <br />Section 14-26-2. Definitions. <br />As used in this article, unless it is apparent from the context that a different meaning is <br />intended: <br />"County" means the County of Hawaii <br />"Department" means the department of public works of the County of Hawaii. <br />"Director" means the director of the department of public works of the County of Hawaii <br />or the director's duly authorized representative. <br />"Private, nondedicated, and non -surrendered roads" or "subject roads" means streets, roads, <br />highways, ways, or lanes used for purposes of vehicular traffic that are owned, in whole or in <br />part, by persons other than governmental entities and which have not been dedicated or <br />surrendered to the County in accordance with section 264-1(c)(1) and (2), Hawaii Revised <br />Statutes. <br />"Requester" means: <br />(1) The representative body authorized to make legal decisions about a private, <br />nondedicated, and non -surrendered road on behalf of the owners of the subject road <br />as to the: use, improvement, repair, and maintenance of the road; sign agreements <br />with respect thereto; and bind all other persons having rights in or to such road or <br />other property or; <br />2 <br />