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,Jagv os q�` .., <br /> 414, <br /> COUNTY OF HAWAII STATE OF HAWAII <br /> RESOLUTION NO. 601 18 <br /> (DRAFT 2) <br /> A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A REVOCABLE <br /> NON-EXCLUSIVE RIGHT OF ENTRY AGREEMENT WITH THE STATE OF HAWAII, <br /> COMPTROLLER,DEPARTMENT OF ACCOUNTING AM) GENERAL SERVICES, <br /> FOR THE MAINTENANCE OF THE KING KAMEHAMEHA THE GREAT STATUE <br /> LOCATED IN KAPA'AU,NORTH KOHALA,ISLAND OF HAWAII. <br /> WHEREAS, Hawai`i Revised Statutes Section 46-7 requires that County departments <br /> obtain the consent of the Council to enter into agreements with the federal or state governments <br /> respecting action to be taken pursuant to any of the powers granted by law to furnish, expend, <br /> and receive any funds or other assistance in connection with projects being or to be undertaken <br /> pursuant to those powers; and <br /> WHEREAS, in 1878, the Legislature of the Kingdom of Hawai`i commissioned a <br /> sculpture of King Kamehameha the Great in the form of a statue ("the statue") which is located <br /> in Kapa'au,North Kohala, on the Island of Hawai`i,the birthplace of King Kamehameha; and <br /> WHEREAS, the property upon which the statue is located was once owned by the State <br /> of Hawai`i ("State"), but is currently owned by the County of Hawai`i ("County"); and <br /> WHEREAS, it is unclear whether the ownership of the statue transferred to the County <br /> and, as a result, the responsibility for maintenance of the statue is in dispute; and <br /> WHEREAS, the statue has been maintained in the past by community efforts and not by <br /> County or the State; and <br /> WHEREAS, such maintenance, which included repainting the statue every seven to ten <br /> years, is becoming more costly, making it increasingly difficult for the community to continue <br /> maintaining the statue; and <br /> WHEREAS, the State is willing to assume the maintenance responsibilities of the statue, <br /> provided that County is willing to grant the State access for such maintenance activities; now <br /> therefore, <br /> BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that in <br /> accordance with Hawai`i Revised Statutes Section 46-7, the Mayor of the County of Hawai`i is <br /> authorized to execute, on behalf of the County, an intergovernmental agreement with the State, <br /> by its Comptroller, Department of Accounting and General Services, to grant a revocable non- <br /> exclusive right of entry agreement for the purpose of maintaining the statue. <br />