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RES 079 Draft 02 2010-2012
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RES 079 Draft 02 2010-2012
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Entry Properties
Last modified
8/8/2013 12:20:21 PM
Creation date
6/1/2011 3:38:14 PM
Metadata
Fields
Template:
Bill/Resolution
Bill/Resolution - Type
RES
Bill/Resolution - Council Term
2010-2012
Bill/Resolution
079
Draft
02
Introducer
Brenda J. Ford, Council Member
Referred To
FC
Action 1
Council: Adopts Res. 79-11, Draft 2 & FC-64; first of two required readings - 06/15/11
Action 2
Council: Adopts Res. 79-11, Draft 2; second of two required readings - 07/07/11
Status
Adopted
Date To Mayor or Adoption Date
6/15/2011
Reading Number
1
Reading Date
6/15/2011
Ayes
9-Blas;Ford;Hoffmann;Ikeda;Onishi;Pilago;Smart;Yagong;Yoshimoto
Noes
0
Absent
0
Excused
0
Reading Number .
2
Reading Date .
6/7/2011
Ayes .
8-Blas;Ford;Hoffmann;Ikeda;Onishi;Smart;Yagong;Yoshimoto
Noes .
0
Absent .
1-Pilago
Excused .
0
Document Relationships
AGE COUNCIL 06/15/2011 2010-2012
(Related To)
Path:
\Council Records\Agendas\2010-2012\Council
AGE COUNCIL 07/07/2011 2010-2012
(Related To)
Path:
\Council Records\Agendas\2010-2012\Council
COM 0211.003 2010-2012
(Related)
Path:
\Council Records\Communications\2010-2012
COM 0211.003 2010-2012
(Related To)
Path:
\Council Records\Communications\2010-2012
REP FC 064 05/31/2011 2010-2012
(Related To)
Path:
\Council Records\Reports\2010-2012\Finance Committee (FC)
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WHEREAS, it is necessary for the County of Hawai`i to acquire the above - described real <br /> property, requiring that the County of Hawai`i invoke its condemnation powers, to complete the <br /> Improvements; and <br /> WHEREAS, Section 101 -13 of the Hawai`i Revised Statutes requires that a <br /> condemnation action by the County of Hawai`i must be authorized by a resolution of the County <br /> Council. <br /> BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it is <br /> necessary for the public use and purpose, to wit: providing sanitary solid waste collection and <br /> recycling opportunities in Kahuku, District of Ka`u, County and State of Hawai`i, to take, <br /> acquire and condemn that certain private property identified as LOT 1 of the "KONA SOUTH <br /> ESTATES, UNIT P' as shown on File Plan No. 953, containing an area of 21.6397 acres, more <br /> or less, and together with a One Twenty- Second (1/22) undivided interest in Lots 23 and 24 <br /> (Roadway Lots, areas 12.7739 and 15.9487 acres, respectively, Tax Map Key 9 -2 -150 — portion <br /> of 066) and delineated on the attached map. <br /> BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII <br /> that the Corporation Counsel of the County of Hawai`i be and is hereby authorized and <br /> empowered to initiate proceedings in eminent domain, as provided by law, for the taking, <br /> acquisition and condemnation of the aforesaid private property, for compensation not to exceed <br /> the current independently appraised value of $248,000.00. <br /> BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII <br /> that in the process of said proceedings in eminent domain, the Corporation Counsel be and is <br /> hereby authorized and empowered to negotiate terms of settlement in accordance with the <br /> approval of the court before which such proceedings are prosecuted, not to exceed the current <br /> independently appraised value of $248,000.00 <br /> BE IT FINALLY RESOLVED that the Clerk of the County of Hawai`i is directed to <br /> transmit copies of this resolution to (1) the Honorable William Kenoi, Mayor of the County of <br /> Hawai`i; (2) the Department of Environmental Management; (3) Deputy Corporation Counsel <br /> Ivan Torigoe; (4) Finance Director Nancy Crawford; and (5) Steven C. Eames and Patricia Jane <br /> 2 <br />
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