HomeMy WebLinkAboutRES 029 Draft 01 2020-2022 i
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COUNTY OF HAWAII STATE OF HAWAII
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RESOLUTION NO.
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A RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO A
RIGHT-OF-ENTRY AGREEMENT WITH THE UNIVERSITY OF HAWAII,
PURSUANT TO HRS 46-7, TO ACCESS CERTAIN STATE LANDS WITHIN THE
COUNTY OF HAWAII.
WHEREAS, there are certain State lands located within Hawaii County, which are
under the jurisdiction of a State of Hawaii agency or department; and
WHEREAS, said State lands are identified as TMK Nos. (3) 2-4-056:017 and(3) 2-4-
001:167and depicted on the map attached hereto as Exhibit "A"; and
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WHEREAS, said State lands are located adjacent to existing drainage facilities and flood
control channels which are under the jurisdiction of the County of Hawaii; and I
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WHEREAS, the existing drainage facilities and flood control channels may be damaged
or clogged due to heavy flooding or other natural disasters; and
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WHEREAS, the damages caused by heavy flooding and other natural disasters will
require construction, reconstruction, flood mitigation, debris removal, and other maintenance
actions to be carried out; and
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WHEREAS, the County of Hawaii requests assistance from the federal government to
repair damage from natural disasters to drainage facilities and flood control channels, to restore
them back to proper working order; and
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WHEREAS, the County and/or the County in cooperation with the federal government is
able to provide the necessary manpower and resources to perform the required work; and
WHEREAS, it is in the County's best interest to ensure a properly functioning drainage
facility or flood control to minimize any downstream impacts and convey runoff to a safe
designated discharge point in order to help provide a safe and healthy environment for its
residents and visitors; and
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WHEREAS, the County's Department of Public Works has requested that the County be
granted a right-of-entry to enter upon said State lands for the purposes of staging construction
vehicles and/or accessing existing drainage facilities, flood channels, conduits, and other flood
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controls for the purposes of construction, reconstruction, flood mitigation, debris removal and/or
other maintenance; and
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WHEREAS, pursuant to Hawaii Revised Statutes, Section 46-7, this Council's
authorization is required for the County to enter into such an intergovernmental right-of-entry
agreement; 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, said intergovernmental right-of-entry agreement
and any related documents with the University of Hawaii to enter upon said State lands for the
purposes of construction, reconstruction, flood mitigation, debris removal, and/or other
maintenance.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to Mayor Mitch Roth, the Director of the Department of Public Works, the Office of
the Corporation Counsel, and the University of Hawaii.
Dated at , Hawai`i, this day of , 20
INTRODUCED BY:
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IL MEMBER, CO Y OF AWAI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS Ex
Hilo, Hawaii CHUNG
DAVID
I hereby certify that the foregoing RESOLUTION was by INABA
the vote indicated to the right hereof adopted by the COUNCIL of the KANEALI`I-KLEINFELDER
County of Hawaii on
KIERKIEWICZ
KIMBALL
ATTEST: LEE LOY
RICHARDS
VILLEGAS
Reference:
C-55/PWMTC
COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 29 21
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