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WHEREAS, the Public Hearing commenced as scheduled and all persons in attendance <br /> were invited to offer verbal testimony relating to the Improvement District and to submit written <br /> testimony to the Office of the County Clerk for purposes of recordation and further consideration <br /> by the Council; and <br /> WHEREAS,to answer questions relating to the Improvement District proposed in <br /> Resolution No. 164-23,the following were present: Deanna Sako, Director of Finance; Ryan <br /> Quitoriano, Civil Engineer, DWS; Jon Henricks, County Clerk; Chris Nakano, Treasurer; and <br /> Palani Greenwell, Civil Engineer, Foresight Engineering & Design, LLC; and <br /> WHEREAS, testimony for the proposed Improvement District was heard by the Council <br /> at the Public Hearing on August 15, 2023, the minutes of which proceedings are attached hereto <br /> and incorporated herein as Exhibit"E"; and <br /> WHEREAS,the County Clerk advised the Council that all testifiers were in support of <br /> the proposed improvement district and that there were no written protests or requests for <br /> modifications, as attested to in the County Clerk's Affidavit of Public Hearing and Protest <br /> Procedures, a copy of which is attached hereto and incorporated herein as Exhibit"F"; and <br /> WHEREAS, as no written protests were received from the eighteen(18) owners of the <br /> assessment units, and pursuant to Sections 12-17 and 12-18 of the Code,the Council may <br /> proceed to determine that the proposed improvement shall be made as hereinafter proposed; <br /> now, therefore, <br /> BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`I that: <br /> 1. Certain Determinations and Findings. In accordance with the provisions of <br /> Sections 12-17 and 12-18 of the Code,the Council hereby determines to proceed with the <br /> improvements proposed in Resolution No. 164-23, as described in the Manager's Report and <br /> further specified in the Preliminary Engineering Report and the USDA Letter of Conditions, <br /> which are attached to Resolution No. 164-23 as Exhibits A, B, and C,respectively. The Council <br /> finds that the establishment of the proposed Improvement District will be in the public interest <br /> and will provide significant benefits to the health, safety, and welfare of the residents of the <br /> Subdivision, to wit: <br /> a. The installation of underground waterlines, constructed and installed in accordance <br /> with DWS standards, which will eliminate the need for private catchment systems, <br /> alleviate potential leakage problems associated with long overland pipes currently <br /> serving a portion of the Subdivision, and provide residents with a reliable water <br /> supply and regular water pressure; and <br /> b. The installation of fire hydrants in the Subdivision,which will afford a greater <br /> measure of public safety and homeowner security in the Subdivision and may result <br /> in lower fire insurance premiums for owners within the Subdivision. <br /> 2. Creation, Definition and Establishment of the Extent of the Improvement District. <br /> The Council hereby creates, defines, and establishes a Water System Improvement District, <br /> which shall be known as "Improvement District No. 21 —Iki Place Water System <br /> 3 <br />