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<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 />
<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 />Hawai'j County Code, in addition to other previously authorized methods of disposition;
<br />and
<br />
<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, Hawai'i until formulation
<br />of a land disposition plan to meet affordable housing needs; and
<br />
<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 ofTMK'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 />
<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 />
<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 to dispose of real property in fee simple by public auction
<br />or sealed bids, respectively; and
<br />
<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; and
<br />
<br />WHEREAS, the sixteen (16) properties delineated in EXHIBIT "A" totals up to
<br />737.302 acres and would be the largest and most significant county owned land sale
<br />transaction attempted by the County Finance Director and Mayor of the County of
<br />Hawai'i; and
<br />
<br />WHEREAS, in March of 2005, the County of Hawai'j sold 660 acres of public
<br />lands in Hamakua for $1.6 million. During the same 2005 year, the selling price of the
<br />660 acres was listed for $4.9 million. In February of 2007, the same property selling
<br />price rose to $6.9 million. Today, the former public lands selling price is $12.5 million,
<br />which is a 681 % increase over the asking price of the County of Hawai'i; and
<br />
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