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HomeMy WebLinkAboutRES 704 Draft 01 2022-2024A RESOLUTION AUTHORIZING THE EXTENSION OF THE PUBLIC SEWER FROM AN EXISTING SEWER LINE TERMINUS AT PUKIHAE BRIDGE TO HAU LANE, WITHIN HAWAI‘I BELT ROAD, TO SERVICE TAX MAP KEY PARCELS (3) 2-6-015:001 AND 002 AT AHUPUA‘A OF WAINAKU, DISTRICT OF SOUTH HILO, ISLAND AND COUNTY OF HAWAI‘I, STATE OF HAWAI‘I. WHEREAS, applicant Hawaiian Ola Brewing Corporation, a Hawai‘i corporation (“the Applicant”), has requested to extend the sewer in accordance with Chapter 21, Section 21-26, Hawaiʻi County Code, to service Parcels 2-6-015:001 and 002 only, and presently no additional properties are being made accessible to this extension; and WHEREAS, the Applicant will bear the total cost of the construction and in the future will be eligible to exercise conditions under Section 21-28(a), Hawaiʻi County Code, pertaining to receipt for ten (10) years after completion of the extension one-half of all monies for sewer charges collected by the County from other properties, if any, connecting to the extension, provided the total of such reimbursement shall not exceed the cost incurred by the applicant to construct the extension. Plans to reimburse the applicant for construction of the sewer extension shall require the approval of the County Council by resolution; and WHEREAS, the Applicant will build the sewer to County standards and agrees to any inspection by the Department of Environmental Management to be conducted before, during, or after construction; and WHEREAS, the ownership and maintenance of the sewer system from its terminus at Hau Lane to Parcel 2-6-015:001 shall be as described in an executed Memorandum of Agreement between the County of Hawai‘i and the Applicant. Applicant agrees to apply for and maintain a Use and Occupancy Agreement with the Department of Transportation of the State of Hawai‘i to work in the Hawai‘i Belt Road as necessary in accordance with Hawai‘i law; and WHEREAS, the Director of the Department of Environmental Management recommends approval of the extension according to Section 21-27, Hawaiʻi County Code, and Exhibit “A” is an application from Hawaiian Ola Brewing Corporation; and WHEREAS, Exhibit “B” shows the Memorandum of Agreement, with a vicinity map as supporting documentation; and WHEREAS, the sewer extension will extend the County of Hawai‘i Sewer System from Pukihae Bridge at existing Manhole Nos. 10450 and 13169 to Hau Lane along the mauka or west side of Hawai‘i Belt Road, which segment of extended wastewater line will be dedicated to the County of Hawai‘i, Department of Environmental Management (DEM) upon its completion to DEM’s dedicable standards; and WHEREAS, sewer extensions benefit the community by eliminating the need for alternative waste treatment options and reducing the amount of pollutants reaching the groundwater and coastal waters, resulting in a cleaner, healthier environment; and WHEREAS, Section 21-26 of the Hawaiʻi County Code requires that the County Council approve all sewer extensions; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I that the sewer extension from the existing sewer line terminus at Pukihae Bridge to Hau Lane, and from Hau Lane to Parcel 2-6-015:001 is approved. BE IT FURTHER RESOLVED that the County Clerk shall transmit copies of this resolution to the Department of Finance, Department of Environmental Management, Office of the Corporation Counsel, Highways Division of the Hawai‘i Department of Transportation, and to the applicant, Hawaiian Ola Brewing Corporation. Dated at _____________, Hawai‘i, this ______ day of ___________________, _______. INTRODUCED BY: _______________________________________ COUNCIL MEMBER, COUNTY OF HAWAI‘I COUNTY COUNCIL County of Hawai‘i Hilo, Hawai‘i ROLL CALL VOTE    AYES NOES ABS EX   EVANS       GALIMBA       INABA       KAGIWADA       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 _____________________________________. KANEALI‘I-KLEINFELDER       KIERKIEWICZ       KIMBALL       LEE LOY       VILLEGAS        Reference:  COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO.