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District and the construction, acquisition, and installation of a water system for the Improvement
<br /> District was in the public interest; and
<br /> WHEREAS, the involvement of the Department of Public Works is not required because
<br /> the proposed improvement is a water system within a private subdivision and the subdivision
<br /> roads are privately owned; and
<br /> WHEREAS,pursuant to Section 12-10(c) of the Code, Resolution No. 164-23 provided
<br /> for a public hearing on the proposed improvements,to be held within sixty (60) days after its
<br /> adoption; and
<br /> WHEREAS, said Public Hearing was scheduled for August 15, 2023, at 5:00 p.m. in the
<br /> Council Chambers at the West Hawai`i Civic Center in Kailua-Kona, Hawai`i, and in accordance
<br /> with the requirements of public notice set forth in Section 12-10(e) of the Code, the County
<br /> Clerk issued a Notice of Public Hearing, a copy of which is attached hereto and incorporated
<br /> herein as Exhibit"C", and which was:
<br /> 1. Mailed by regular mail to each of the eighteen (18) owners of assessment units,
<br /> comprising Tax Map Key Nos. 7-3-019:002 through 020, excluding 011, which is the
<br /> road lot, on July 24, 2023;
<br /> 2. Published in the West Hawai`i Today, a newspaper of general circulation in the County,
<br /> on July 29,August 5, August 8, and August 11, 2023,with notarized affidavits of
<br /> publication having been received from West Hawai`i Today and duly filed; and
<br /> 3. Posted on July 31, 2023, at four(4) locations in Kailua-Kona, Hawai`i as follows:
<br /> Matsuyama Food Mart at 73-4354 Mamalahoa Highway, Suite B; Matsuyama Market at
<br /> 73-4040 Hulikoa Drive; Kona Police Station at 74-611 Hale Maka`i Place; and
<br /> Kealakehe Solid Waste Recycling and Transfer Station at 74-598 Hale Maka`i Place, as
<br /> evidenced by the County Clerk's Affidavit of Publication, Posting, and Mailings, a copy
<br /> of which is attached hereto and incorporated herein as Exhibit"D"; and
<br /> WHEREAS,the Notice of Public Hearing stated, among other things, that copies of
<br /> Resolution No. 164-23,which included all associated reports and data, were available for public
<br /> inspection during regular business hours at the Office of the County Clerk, 25 Aupuni Street,
<br /> Room 1402, Hilo, and at the Kona Council District Offices, 74-5044 Ane Keohokalole Highway,
<br /> Building A, Kailua-Kona, and that Resolution No. 164-23 may also be viewed via the County's
<br /> website at https://records.hawaiicounty.gov/weblink/0/doc/1056516/Pagel.aspx; and
<br /> WHEREAS, in accordance with section 12-10(e)(3) of the Code,the copy of the Notice
<br /> of Public Hearing was mailed to each of the eighteen(18) of assessment units within the
<br /> Improvement District and explicitly advised all said owners that a"protest against making all or
<br /> part of the proposed improvements, or against the methods by which such assessments are to be
<br /> made, or the inclusion of certain costs therein... must be submitted in writing, in accordance
<br /> with Section 12-12 of the Hawaii County Code,to be considered by the Council," and further
<br /> directed that such written protests or objections be mailed to the County Clerk prior to the Public
<br /> Hearing and postmarked no later than August 15, 2023, or hand delivered to the Hilo or Kona
<br /> Office, or hand delivered at the time of the Public Hearing scheduled on August 15, 2023; and
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