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WHEREAS, the County Council adopted Resolution No. 113-99 on <br />September 9, 1999, which authorized the Finance Director todispose/exchange former <br />Hamakua Sugar Company, Inc. properties with properties listed in that resolution; <br />however, no disposition and/or transfer was ever completed; and <br />WHEREAS, the County Council adopted Resolution No. 161-02 on <br />January 24, 2002, which directed the Finance Director or authorized representative to <br />proceed with the sale by auction or negotiations for land exchange on avalue-for-value <br />basis, of so much as may be necessary of the former Hamakua Sugar Company, Inc. <br />lands now under County ownership; and <br />WHEREAS, the County Council adopted Resolution No. 209-02 on <br />June 19, 2002, which further approved of and directed the Finance Director or authorized <br />representative to proceed with the sale of the subject properties through sale by <br />negotiation, as long as the public interest demands it, pursuant to Section 2-114(a), <br />Hawaii County Code, in addition to other previously authorized methods of disposition; <br />and <br />WHEREAS, the County Council adopted Resolution No. 60-07 on March 9, 2007, <br />which requested postponement of the pending sale by auction of TMK's: 4-3-07:01, 4-3- <br />09:19, 4-3-09:24, 4-3-11:01 and 4-3-11:02, Pa'auilo, Hamakua, Hawaii until formulation <br />of a land disposition plan to meet affordable housing needs; and <br />WHEREAS, the County Council adopted Resolution No. 202-07 on May 16, 2007, <br />in which the Council requested that the Mayor abandon the public auction of the <br />Hamakua lands in Pa'auilo identified as of TMK's: 4-3-07:01, 4-3-09:19, 4-3-09:24, 4-3- <br />11:01 and 4-3-11:02; and <br />WHEREAS, the County Council adopted Bill No. 36, Draft 4 creating the County <br />operating budget for Fiscal Year 2009-10, which was further signed into law by the <br />Mayor on June 10, 2009 and identified as Ordinance 09-64, and which contained an item <br />for revenue from Sale of Real Property in the amount of $8,210,000; and <br />WHEREAS, Chapter 2, Article 19, Sections 2-112 and 2-113 of the Hawaii County <br />Code provide that the Council may, by resolution approved by a majority of its members, <br />direct the Director of Finance todispose of real property in fee simple by public auction <br />or sealed bids, respectively; and <br />WHEREAS, it is the desire of the County Council to sell so much of these <br />properties as is necessary to insure the revenue needs of the County are met and to <br />return the former Hamakua Sugar Company, Inc. lands to the tax rolls and to a more <br />productive use; <br />NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY <br />OF HAWAII, through its authority under Sections 2-112, 2-113, of the Hawaii County <br />Code, that it approves of and directs the Finance Director or authorized representative to <br />proceed with the sale by auction or sale by sealed bid, of so much as may be necessary <br />of the former Hamakua Sugar Company, Inc. lands now under County ownership which <br />are delineated on the list labeled Exhibit "A". <br />