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HomeMy WebLinkAboutRES 262 Draft 01 2024-2026A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF HAWAI‘I, DEPARTMENT OF HAWAIIAN HOME LANDS, FOR THE OPERATION AND MAINTENANCE OF PARK FACILITIES LOCATED ON LAND IDENTIFIED BY TAX MAP KEY NO. (3) 2-2-059:011, ALSO KNOWN AS PANA‘EWA PARK. WHEREAS, Section 46-7 of the Hawai‘i Revised Statutes requires the consent of the Council in order for the County to enter into an agreement with the federal government or any other public body respecting action to be taken pursuant to any of the powers granted to the County by law and furnish, expend, and receive any funds or other assistance in connection with projects being or to be undertaken pursuant to those powers; and WHEREAS, the State of Hawai‘i, Department of Hawaiian Home Lands, (hereinafter “DHHL”) owns the land identified by Tax Map Key No. (3) 2-2-059:011, also known as Pana‘ewa Park, situated at Pana‘ewa, South Hilo, Island, County, and State of Hawai‘i (hereinafter “Pana‘ewa Park”); and WHEREAS, under section 207(c)(1)(A) of the Hawaiian Homes Commission Act of 1920, as amended, DHHL is authorized to grant licenses for the use of Hawaiian home lands for public purposes; and WHEREAS, under License Agreement No. 06, dated October 14, 1975, the County of Hawai‘i, Department of Parks and Recreation (hereinafter “the Department”) is authorized to operate and maintain the park facilities located at Pana‘ewa Park; and WHEREAS, since the expiration of License Agreement No. 06 on October 14, 2016, the Department has carried out operation and maintenance activities on a month-to-month basis; and WHEREAS, at the request of the County, the Hawaiian Homes Commission recently approved the issuance of a new thirty-year license agreement for the continued operation and maintenance of Pana‘ewa Park by the Department; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I that, pursuant to Section 46-7 of the Hawai‘i Revised Statutes, the Mayor is hereby authorized to enter into an agreement with the State of Hawai‘i, Department of Hawaiian Home Lands, for the purposes hereinabove described. BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to the Honorable C. Kimo Alameda, Mayor of the County of Hawai‘i; Diane T. Nakagawa, Director of Finance; Renee N. C. Schoen, Corporation Counsel; Clayton S. Honma, Parks and Recreation Director; and Kali K. Watson, Chairman of the Hawaiian Homes Commission. Dated at _____________, Hawai‘i, this ______ day of ___________________, 20___. INTRODUCED BY: _______________________________________ COUNCIL MEMBER, COUNTY OF HAWAI‘I