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V OF COUNTY OF HAWAII •_ :t STATE OF HAWAII Y tQ OF•NA� RESOLUTION NO.0 IS A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A REVOCABLE NON-EXCLUSIVE RIGHT .OF ENTRY AGREEMENT WITH THE STATE OF HAWAII, COMPTROLLER, DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES, FOR THE MAINTENANCE OF THE KING KAMEHAMEHA THE GREAT STATUTE LOCATED IN KAPAAU, NORTH KOHALA, ISLAND OF HAWAII. WHEREAS, Hawaii Revised Statutes Section 46-7 requires that County departments obtain the consent of the Council to enter into agreements with the federal or state governments respecting action to -be taken pursuant to any of the powers granted by law to furnish, expend, and receive any funds or other assistance in connection with projects being or to be undertaken pursuant to those powers; and WHEREAS, in I878, the Legislature of the Kingdom of Hawaii commissioned a sculpture of King Kamehameha the. Great in the form of a statute ("the statute") which is located in Kapa` au, North Kohala, on the Island of Hawaii, the birthplace of King Kamehameha ; and WHEREAS, the property upon which the statue is located was once owned by the State of Hawaii ("State"), but is currently owned by the County of Hawaii ("County"); and WHEREAS, it is. unclear whether the ownership of the statue transferred to the County and, as a result, the responsibility for maintenance of the statue is in dispute; and WHEREAS, the statue has been maintained in the past by community efforts and not by County or the State; and WHEREAS, such maintenance, which included repainting the statue every seven to ten years, is becoming more costly, making it increasingly difficult for .the community to continue maintaining the statue; and WHEREAS, the State is willing to assume the maintenance responsibilities of the statue, provided that County is willing to grant the State access for such maintenance activities; now therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that in accordance with Hawaii Revised Statutes Section 46-7, the Mayor of the County of Hawaii is authorized to execute, on behalf of the County, an intergovernmental agreement with the State, by its Comptroller, Department of Accounting and General Services, to grant a revocable non- exclusive right of entry agreement for the purpose of maintaining the statute.