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COUNTY OF HAWAII : ., '� + 8(, � . �•I STATE OF HAWAII • — off, `, Ni M RESOLUTION NO. 99 11 A RESOLUTION OF DETERMINATION TO PROCEED TO CREATE AND DEFINE A WATER SYSTEM IMPROVEMENT DISTRICT FOR THE KONA OCEAN VIEW PROPERTIES SUBDIVISION WHEREAS, on May 17, 2011, the Hawai`i County Council adopted Resolution No. 74- 11, a Resolution Rescinding Resolution No. 41 -11 and to Propose the Establishment of a Water System Improvement District for the Kona Ocean View Properties Subdivision; and WHEREAS, Resolution No. 74 -11 expressly approved and adopted the findings, conclusions and recommendations contained in the Manager's Report, Communication No. 989 received on October 22, 2010 (the "Manager's Report"), prepared by the Manager -Chief Engineer of the Department of Water Supply (the "Manager ") with respect to a proposed water system improvement district (the "Improvement District ") for the Kona Ocean View Properties Subdivision (the "Subdivision "); and WHEREAS, in adopting Resolution No. 74 -11, the Council concurred with the Manager's conclusion that "the establishment of the Improvement District will provide significant benefits to the health, safety and welfare of the residents of the Subdivision" and found that, in accordance with Section 12- 10(i), Hawai`i County Code 1983 (2005 Edition, as amended), the creation of the proposed Improvement District and the construction, acquisition and installation of a water system for the Improvement District was in the public interest; and WHEREAS, by letter dated January 31, 2011, a copy of which was attached as Exhibit B to Resolution No. 74 -11, the Director of the Department of Public Works advised the Manager that involvement of the Department of Public Works is not required because the proposed project is strictly a water system within a private subdivision and the subdivision roads are privately owned; and WHEREAS, Resolution No. 74 -11, in accordance with the provisions of Section 12 -10 of the Hawai`i County Code 1983 (2005 Edition, as amended), authorized a public hearing on the proposed improvements to be held within 45 days after its adoption; and WHEREAS, in accordance with the requirements of public notice set forth in Section 12 -10, Hawai`i County Code 1983 (2005 Edition, as amended), the Office of the County Clerk undertook the following steps to notify owners of properties subject to assessment and owners of properties proposed for acquisition as contemplated in Resolution No. 74 -11 of the date, time and place of the Public Hearing: (1) Set a Public Hearing to be held on June 14, 2011 at 6:00 p.m. at the West Hawai`i Civic Center in Kailua -Kona, Hawai`i;