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JM'v.os M1� ., <br /> COUNTY OF HAWAII •_��' /:••: STATE OF HAWAII <br /> RESOLUTION NO. 94 13 <br /> A RESOLUTION AUTHORIZING THE APPROPRIATION AND USE OF A PRIOR <br /> YEAR'S FUNDS RESULTING FROM THE CANCELLATION OF PURCHASE <br /> ORDERS. <br /> WHEREAS, on February 10, 2012 (fiscal year 2011-12), the County Clerk (2010-12 <br /> Council term) authorized the encumbrance of$2,499 in account number 010.101.5102.341 for <br /> general legal advice, payable to Michael J. Matsukawa via Purchase Order No. R.017448; and <br /> WHEREAS, on February 10, 2012 (fiscal year 2011-12), the County Clerk (2010-12 <br /> Council term) authorized the encumbrance of$25,000 in account number 010.101.5101.02.115 <br /> for attorney services for legal advice requested by the Council Chair (2010-12 Council term), <br /> payable to Torkildson, Katz, Moore, Hetherington & Harris, Law Corporation via Purchase <br /> Order No. R.017449; and <br /> WHEREAS, on February 16, 2012 (fiscal year 2011-12), the County Clerk (2010-12 <br /> Council term) authorized the encumbrance of$15,000 in account number 010.101.5101.02.341 <br /> for legal review and opinion services requested by the Council Chair(2010-12 Council term), <br /> payable to O'Connor, Playdon and Guben, LLP via Purchase Order No. R.017477; and <br /> WHEREAS, on February 28, 2012, the Director of Finance rejected the above purchase <br /> orders due to the lack of required authorization by the Council; and <br /> WHEREAS, Section 6-5.5 of the Hawai`i County Charter requires a two-thirds vote of <br /> the entire membership of the Council to authorize the hiring of special counsel, and no such <br /> authorization was obtained by the former Council; and <br /> WHEREAS, on November 21, 2012 (60th session), the Council (2010-12 Council term) <br /> failed to approve Resolution No. 323-12, which required the immediate payment for legal <br /> services rendered for Purchase Order Nos. R.01744, R.017449, and R.017477; and <br /> WHEREAS, the Council finds that the encumbrances that have been in effect since <br /> February of 2012 are invalid; and <br /> WHEREAS, the Clerk has cancelled the purchase orders resulting in unencumbered <br /> funds totaling $42,499; now, therefore, <br />