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<br /> <br /> <br /> <br /> <br /> <br /> impacts of noise and light on the residents therein and to generally beautify the <br /> highway appearance in such locations; provided that the applicant shall enter into <br /> <br /> a reimbursement agreement with the County which sets forth the terms and <br /> conditions of reimbursement for costs incurred for the construction, land <br /> <br /> acquisition and design of the Mamalahoa Highway Bypass out of funds paid to the <br /> state and/or county by other developers or landowners whom the county may <br /> <br /> determine as benefiting from the Mamalahoa Highway Bypass and which funds <br /> are available to the county for such purpose; and provided further, that the total <br /> <br /> amount of reimbursement due to the applicant shall not exceed the total cost of <br /> <br /> land acquisition, design and construction of the Mamalahoa Highway Bypass <br /> incurred by the applicant, less the pro rata portion attributed to the subject <br /> <br /> property;" <br /> <br /> <br /> <br /> SECTION 3. Material to be deleted is bracketed and struck through. New <br /> material is underscored. In printing this ordinance, the brackets, bracketed material, and <br /> <br /> underscoring need not be included. <br /> <br /> <br /> SECTION 4. In the event that any portion of this ordinance is declared invalid, such <br /> invalidity shall not affect the other parts of this ordinance. <br /> <br /> <br /> SECTION 5. This ordinance shall take effect upon its approval. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> -8- <br />