HomeMy WebLinkAboutRES 030 Draft 01 2020-2022A RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO A RIGHT-OF-ENTRY AGREEMENT WITH THE STATE OF HAWAI‘I DEPARTMENT OF LAND AND NATURAL RESOURCES, PURSUANT TO HRS 46-7, TO
ACCESS CERTAIN STATE LANDS WITHIN THE COUNTY OF HAWAI‘I.
WHEREAS, there are certain State lands located within Hawai‘i County, which are under the jurisdiction of a State of Hawai‘i agency or department; and
WHEREAS, said State lands are identified as TMK No. (3) 2-2-029:001 and depicted on the map attached hereto as Exhibit “A”; and
WHEREAS, said State lands are located adjacent to existing drainage facilities and flood control channels which are under the jurisdiction of the County of Hawai‘i; and
WHEREAS, the existing drainage facilities and flood control channels may be damaged or clogged due to heavy flooding or other natural disasters; and
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
WHEREAS, the County of Hawai‘i 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
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
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 controls for the purposes of construction, reconstruction, flood mitigation, debris removal
and/or other maintenance; and
WHEREAS, pursuant to Hawai‘i 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 HAWAI‘I that in accordance with Hawai‘i Revised Statutes Section 46-7, the Mayor of the County of Hawai‘i is authorized to execute, on
behalf of the County, said intergovernmental right-of-entry agreement and any related documents with the Department of Land and Natural Resources 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 State of Hawai‘i Department of Land and Natural Resources.
Dated at _____________, Hawai‘i, this ______ day of ___________________, 20___.
INTRODUCED BY:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
COUNTY COUNCIL
County of Hawai‘i
Hilo, Hawai‘i
ROLL CALL VOTE
AYES
NOES
ABS
EX
CHUNG
DAVID
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawai‘i on _____________________________________.
INABA
KĀNEALI‘I-KLEINFELDER
KIERKIEWICZ
KIMBALL
ATTEST:
LEE LOY
RICHARDS
VILLEGAS
Reference:
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER
RESOLUTION NO.