RES 412 Draft 01 2016-2018 - Laserfiche WebLink

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WHEREAS, Section 101-13 of the Hawai`i Revised Statutes requires that a condemnation action by the County must be authorized by a resolution of the County Council; now,therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it is necessary for the public use and purpose for the benefit of the County,to wit: construction of a wastewater treatment plant to replace existing LCCs in, and serve and address the needs of, the Pahala community,to take, acquire, and condemn the Property,which is that certain private property identified as Tax Map Key Number(3) 9-6-002-018, containing an area of 42.5 acres, more or less, situated at Punalu'u-Pa'au'au in the District of Ka`u, Island and County and State of Hawai`i, as more specifically shown on the attached Exhibit"A." BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Corporation Counsel of the County be and is hereby authorized and empowered to initiate proceedings in eminent domain, as provided by law, for the taking, acquisition and condemnation of the Property. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that inthe process of said proceedings in eminent domain,the Corporation Counsel be and is hereby authorized and empowered to negotiate terms of settlement in accordance with the approval of the Court before which such proceedings are prosecuted. BE IT FINALLY RESOLVED that this resolution shall take effect upon adoption thereof, and the County Clerk shall transmit copies of this resolution to (1)the Honorable Harry Kim, Mayor, County of Hawai`i; (2) William Kucharski, Director, Department of Environmental Management, County of Hawai`i; (3)Joseph K. Kamelamela, Corporation Counsel, County of Hawai`i, (4)Deanna Sako, Director, Finance Department, County of Hawai`i; (5) Marissa 2