RES 290 Draft 01 2004-2006 - Laserfiche WebLink

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~YY O~h,1Y~I~~ COUNTY OF HAWAII STATE OF HAWAII ••,tf~O~~M~Y,r RESOLUTION NO. '~9~ RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH C. BREWER AND COMPANY, LIMITED, A HAWAII CORPORATION, FOR THE COUNTY'S PURCHASE OF THE NA`ALEHU PARK AND COMMUNITY CENTER IDENTIFIED BY TAX MAP KEY (3)9-5-021-023 CONSISTING OF 6.409 ACRES FOR $1,200,000 TO BE PLACED IN AN ESCROW ACCOUNT TOWARDS THE COST OF INSTALLING SEWER LATERAL CONNECTIONS IN NA`ALEHU AND PAHALA AND ACCEPTANCE OF THE DONATION BY C. BREWER AND COMPANY, LIMITED, OF FIVE OTHER PARCELS CONSISTING OF 6.877 ACRES, WHICH HAVE A VALUE OF $610,000 TO THE COUNTY OF HAWAII IN GRATITUDE TO THE COUNTY OF HAWAII FOR THE ASSUMPTION AND IMPLEMENTATION OF THE PROPOSED NA`ALEHU AND PAHALA WASTEWATER SEWER SYSTEMS, WITH NO FURTHER LIABILITY OR RESPONSIBILITY FOR THE SYSTEMS BY C. BREWER AND COMPANY, LIMITED. WHERF,AS, in Resolution 72-OS the Hawaii County Council authorized the Mayor to enter into an agreement with C. Brewer and Company, Limited ("C. Brewer"), a Hawaii corporation, to accept the donation of $350,000 and land in Na`alehu and Pahala for the creation of new community sewer systems; and WHEREAS, C. Brewer has spent approximately $85,000 to evaluate the condition of the existing community sewer systems; and WHEREAS, Federal regulations promulgated by the United States Environmental Protection Agency require that large capacity cesspools (gang cesspools) be eliminated by April 5, 2005; and WHEREAS, portions of the Na`alehu and Pahala communities are served by community sewers that utilize large capacity cesspools; and WHEREAS, two of the existing community sewers in Na`alehu and Pahala are currently owned and maintained by C. Brewer; and WHEREAS, C. Brewer has liquidated the majority of its assets and will completely dissolve the company in the very near future, and will not thereafter be capable of owning and managing the existing community sewer systems; and