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Matt Kaneali`i-Kleinfelder :4oJNtY qF H'.,; Phone No.: (808)961-8263 <br /> Hawaii County Council ,� �`�' matt.kanealii-kleinfelder@hawaiicounty.gov <br /> District 5 - =_ s_ <br /> HAWAII COUNTY COUNCIL <br /> County of Hawaii <br /> Hawaii County Building <br /> 25 Aupuni Street, Suite 1405 • Hilo,Hawai`i 96720 <br /> tea —4 <br /> v . <br /> DATE: December 22, 2023 ') <br /> TO: Heather Kimball, Council Chair <br /> and Members of the Hawai`i County Council - :m <br /> FROM: ,r Matt Kaneali`i-Kleinfelder, Council Member <br /> SUBJECT: Proposed Amendments to Bill No. 82, Draft 4; an Ordinance Amending Chapter <br /> 2, Article 9, Section 2-40 and Adding a New Article to Chapter 14 of the Hawai`i <br /> County Code 1983 (2016 Edition, as amended), Relating to Improving, Grading, <br /> Repairing, or Construction Work Upon Private,Nondedicated, and Non- <br /> Surrendered Roads. <br /> Transmitted herewith are proposed amendments to Bill No. 82, Draft 4. The proposed <br /> amendments are illustrated below in Ramseyer format with respect to the contents of Bill No. 82, <br /> Draft 4; material to be deleted is bracketed and stricken and new material is underscored. A copy <br /> of the revised draft of this bill that would result if these proposed amendments are adopted is <br /> intentionally omitted due to the limited scope of these proposed amendments. <br /> 1. SECTION 2 of Bill No. 82, Draft 4, is amended by amending the definition of <br /> "Requester" in Section 14-26-2, to read as follows: <br /> 'Requester"means: <br /> (1) The representative body authorized to make legal decisions about a private, <br /> nondedicated, and non-surrendered road on behalf of the owners of the subject road <br /> as to the: use, improvement, repair, and maintenance of the road; sign agreements <br /> with respect thereto; and bind all other persons having rights in or to such road or <br /> other property[er]; or <br /> (2) In the absence of a representative body,persons collectively owning a sixty percent or <br /> greater interest in the fee title or'an appropriate roadway easement in a private, <br /> nondedicated, and non-surrendered road, and who have delegated authority to one or <br /> more of the owners to act on behalf of the ownership." <br /> I II <br /> Comm. No w• 5 <br /> Ref.,To: ICI rite <br /> Ref. Dote it , 7 2023 <br /> Hawaii County is an Equal Opportunity Provider and Employer <br />