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BIL 082 Draft 03 2022-2024
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BIL 082 Draft 03 2022-2024
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Last modified
12/28/2023 4:04:50 PM
Creation date
12/12/2023 8:24:53 AM
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Bill/Resolution
Bill/Resolution - Type
BIL
Bill/Resolution - Council Term
2022-2024
Bill/Resolution
082
Draft
03
Introducer
Matt Kaneali'i-Kleinfelder, Council Member
Referred To
PCHSW
Action 1
Council: Bill 82, Draft 3, amended to Draft 4 - 12/20/23
Document Relationships
AGE COUNCIL 2023-12-20 2022-2024
(Related To)
Path:
\Council Records\Agendas\2022-2024\Council
COM 0496.047 2022-2024
(Related)
Path:
\Council Records\Communications\2022-2024
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in Ilawai`i. 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), Hawai`i 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) In the absence of a representative body, persons collectively owning a sixty percent or <br />greater interest in the fee title or an appropriate roadway easement in a private, <br />nondedicated, and non -surrendered road, and who have delegated authority to one or <br />more of the owners to act on behalf of the ownership. <br />"Speed hump" means a gentle rise in the profile of the road that is used to regulate the <br />speed of a vehicle. <br />Section 14-26-3. Powers and duties of director. <br />Upon request and subject to council authorization, the availability of appropriations, and <br />necessary resources, the director may improve, grade, repair, or do construction work upon <br />portions of private, nondedicated, and non -surrendered roads that have been determined by the <br />director, in the director's discretion, to meet the criteria set forth in this article. <br />N <br />
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