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COUNTY OF HAWAII
<br />STATE OF HAWAI'I
<br />RESOLUTION NO. 63-13
<br />RESOLUTION AUTHORIZING THE ACQUISITION OF
<br />PRIVATE PROPERTY BY EMINENT DOMAIN, TAX MAP KEY:
<br />(3)2-2-014-010:0057 (POR.), SUITE 229, SITUATED AT HILO
<br />LAGOON CENTRE, FOR THE DEPARTMENT OF LIQUOR
<br />CONTROL RESTORATION PROJECT.
<br />BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
<br />HAWAII:
<br />WHEREAS, the Department of Liquor Control, County of
<br />Hawai'i ("Department"), as part of its restoration project, will
<br />be making improvements to its office at the Hilo Lagoon Centre
<br />and said improvements will require the acquisition of additional
<br />space abutting it to enlarge and relocate the Liquor Commission
<br />Conference Room to meet Americans with Disabilities Act (ADA)
<br />requirements that are required with any improvements to the
<br />facility and to better accommodate the meetings of the Liquor
<br />Commission, the Liquor Control Adjudication Board, the officers
<br />and employees of the Department; and
<br />WHEREAS, this conference room is used not only.by the
<br />Department of Liquor Control and its respective board and
<br />commission, but by many of the other boards and commissions of
<br />the various County Departments for their respective meetings; and
<br />WHEREAS, the improvements will require the acquisition
<br />by the Department of currently vacant property owned by Alvin
<br />M. Inoue, Sharon K. Scheele and Della E. Yamashiro; fka Della
<br />E. Allison, identified as being the entire Suite 229 located on the'
<br />second floor (or lobby level) of the Hilo Lagoon Centre, a portion
<br />of Tax Map Key: (3)2-2-014-010:0057, adjacent to the current
<br />Department of Liquor Control Conference Room, containing an area
<br />of 1,917 square feet, and more specifically delineated on Exhibit A,"
<br />attached hereto, referred to as Suite 229; and
<br />WHEREAS, it is necessary for the public use and purpose, to
<br />wit: to meet current Americans with Disabilities Act requirements
<br />and to increase the conference room area to take, acquire and '
<br />condemn Suite 229, as described above, in order to complete the
<br />Department's proposed improvements; and
<br />WHEREAS, Section 101-13 of the Hawai'i Revised Statutes
<br />requires that a condemnation action'by the County must be
<br />authorized by a resolution of the County Council.
<br />BE IT RESOLVED BY THE COUNCIL OF THE COUNTY
<br />OF HAWAII that it is necessary for the public use and purpose,
<br />to wit: the improvements of the office of the Department of
<br />Liquor Control at the Hilo Lagoon Centre, to take, acquire and
<br />condemn that certain private property identified as Tax Map. Key:
<br />(3)2-2-014:010:0057 (per.), containing an area of 1,917 square feet,
<br />and delineated on Exhibit t1 attached hereto, referred to as Suite
<br />229, for the purposes of meeting Americans with Disabilities Act
<br />(ADA) requirements and increase of the conference room area.
<br />BE IT FURTHER RESOLVED that the Corporation Counsel of
<br />the County of Hawaii be and is hereby authorized and empowered
<br />to initiate proceedings in eminent domain, as provided by law, for
<br />the taking, acquisition and condemnation of the aforesaid private
<br />property.
<br />BE IT FURTHER RESOLVED that in the process of said
<br />proceedings in eminent domain, the Corporation Counsel be and is
<br />hereby authorized and empowered to negotiate terms of settlement
<br />in accordance with the approval of the court before whicli such
<br />proceedings are prosecuted, or take any further actions necessary
<br />to secure access to the aforesaid private property, and is further
<br />requested to transmit written notification to the Council when the
<br />County has acquired Suite 229.
<br />BE IT FINALLY RESOLVED that the Clerk of the County.of
<br />Hawai'i is'directed to transmit copies of this resolution to (1) the
<br />Honorable William P. Kenoi, Mayor of the County of Hawai'i; (2)
<br />the Ddpartment of Liquor Control; (3) Senior Deputy Corporation
<br />Counsel Joseph K. Kamelamela; (4) the Finance Director; and (5)
<br />Alvin M. Inoue, Sharon K. Scheele and Della E. Yamashiro, fka
<br />Della E. Allison, c/o Inoue Hawai'i Realty Corp 101 Aupuni Street,
<br />Suite 1001, Hilo, Hawaii 96720. .
<br />Introduced by:
<br />Valerie T. Poindexter
<br />Council Member
<br />I HEREBY CERTIFY that the foregoing resolution was duly passed
<br />on first reading by the Council of the County of Hawai'i at its
<br />meeting held on March 13, 2013, by the following Aye/No/Absent/
<br />Excused vote:
<br />AYES: Council Members Eoff„ Nord, Dagan,
<br />Kanuha, Kern, Onishi, Poindexter, Wille,
<br />and Chair Yoshimoto —.9.
<br />NOES: None.
<br />ABSENT: • None.
<br />EXCUSED: None.
<br />Stewart Maeda
<br />County Clerk
<br />County of Hawaii
<br />(Note: Exhibit A" is on file at the Office of the County Clerk for inspection.)
<br />Hawai.`i. County is an Equal Opportunity,Prouider and Employer
<br />(No. 73494 West Hawaii Today — March 23, 2013)
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