HomeMy WebLinkAboutRES 449 Draft 01 2024-2026COUNTY OF HAWA14I
STATE OF HAWAI`I
RESOLUTION NO. 449 26
A RESOLUTION AUTHORIZING THE PAYMENT OF FUNDS OF LATER FISCAL
YEARS TO ENTER INTO A MULTI -YEAR REVOCABLE RIGHT -OF -ENTRY
AGREEMENT WITH THE TRUSTEES OF THE ESTATE OF BERNICE PAUAHI
BISHOP FOR LAND IDENTIFIED BY TAX MAP KEY NOS. (3) 4-4-002:005, 4-4-
002:006, AND 4-4-009:008, SITUATED IN THE DISTRICT OF HAMAKUA, TO BE
ACCESSED AND USED BY THE DEPARTMENT OF PUBLIC WORKS.
WHEREAS, Section 10-11 of the Charter of the County of Hawaii (hereinafter the
"Charter") provides, in part, that "any contract, lease or other obligation requiring the payment of
funds from the appropriations of a later fiscal year or of more than one fiscal year shall be made
or approved by resolution"; and
WHEREAS, the Trustees of the Estate of Bernice Pauahi Bishop (hereinafter the
"Owner") owns the parcels of land identified as Tax Map Key Nos. (3) 4-4-002:005, 4-4-
002:006, and 4-4-009:008, situated in the District of Hamakua, Island, County, and State of
Hawaii (hereinafter the "Property"); and
WHEREAS, the County of Hawaii (hereinafter the "County") owns Kalopa Road,
situated adjacent to the Property, and the improvements thereon, including a one -lane bridge
over Waika`alulu Gulch; and
WHEREAS, the County has a need to close the one -lane bridge over Waika`alulu Gulch
in proximity to the Property for the purpose of making necessary repairs; and
WHEREAS, in order to maintain ingress and egress for members of the public to their
private property located further along Kalopa Road while the bridge is repaired, the County has a
need to install, maintain, repair, and upkeep an alternate road and related improvements on the
Property; and
WHEREAS, the Owner is willing to permit such entry onto the Property for the purposes
of alternate road access, under such terms and conditions as mutually agreed upon, including a
monthly cost of $250; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`I that the
Mayor is hereby authorized to enter into a revocable right -of -entry agreement with a term of two
years and five option years for the purposes hereinabove described, subject to terms and
conditions as mutually agreed upon by the County and the Owner.
BE IT FURTHER RESOLVED that, in accordance with Section 10-11 of the Charter,
sufficient funds be budgeted in later fiscal years to cover the anticipated obligations of the
County under the terms of the agreement.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to William V. Brilhante, Jr., Managing Director; Diane T. Nakagawa, Director of
Finance; and Wesley R. Segawa, Director of Public Works.
Dated at Kona
Hawaii, this 23rd day of January , 2026
INTRODUCED BY:
COUNCIL MEMBE , COUNTY OF HAWAPI
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL. of the
Coungy of Hawaii on January 23, 2026
ATTEST:
TY C AIRPERSON & PRESIDING OFFICER
2
ROLL CALL VOTE
AYES
NOES
ABS
I EX
GALIMBA
X
HUSTACE
X
INASA
X
KAGI W ADA
x
KANEALI`I-KLEINFELDER
X
KIERKIEWICZ
X
KIMBALL
X
ONISHI
X
VILLEGAS
X
6
0
3
0
Reference:
C-695/Waived LAAC
RESOLUTION NO.
"I _I