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Home My WebLink AboutRES 015 Draft 01 2000-2002 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 15 Oi RESOLUTION ALTHORIZ[NG THE INSTALLATION OF PRIVATE WATER SERVICE LINES R'ITHIN COLTTY RIGHTS-OF-WAY BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII V6'HEREAS, a public water system is not available m many residential areas of the County of Hawaf i, and ~~7-IEREAS, rt is sometimes possible to extend a pm•ate water sen~~ce line from an authonzed water meter to a residence by installing the water service line within the County tight-of--way, and ~VI-IEREAS, tt is necessary to establish a procedure for the orderly installation of pm~ate water sen•ice Imes to minimize public habilrty and responsibildy, and ~b"I-IEREAS, the Dvector of the Department of Public Works, [he Manager of the Department of «'ater Supply, and the Chief of Police have worked together to develop a pmate water line mstallauon permit (Exhibit A) to allow the placement of pnvate water servtce Imes within the County's tights-of--way to provide residential water sernces, and WHEREAS, section 2-119, Hawaii County Code, allows the Council to direct the Director of the Department of Public ~b'orks, formerly known as the Chief Engineer, after consultation with the Manager of the Department of Water Supply and the Chief of Police, to issue licenses or pernuts through negouations and without public auction to enter and occupy County highways and tights-of--way owned, maintained or under the~unsdiction of the County under restnctions, conditions and terms which will best serve [he interest of the County and the general public, and WI-IEREAS, the Council finds that this pennrt program is a practical method to deal wrth requests to install residential water service hoes wrthm County tights-of--way NO~V, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Director of the Department of Public Works, on consultation wrth the Manager of the Department of Water Supply and the Chief of Police, is hereby authonzed to grant pnVate water line installation permits for a one Ume fee of 3100, with such restnctions, condmons and terms which will best serve the interests of the County and the general public BE IT FURTHER RESOLVED that the Clerk of the County of Hawaii is directed to transmit copies of this resolution to the Director of the Department of Public Works, the IV4anager of the Department of Vb'ater Supply, and the Chief of Police DATED Hilo, Harr•ai'i, INTRODUCED BY I COLT IL ME ER, COUN Y OF HA COLT]"CY COUNCIL ROLL CALL VOTE County of Hawai' i Hilo, Hawaii AYES t:OES aB5 EX ARAKAKI I hereby certify that the foregoing RESOLUTION was by the CHt;NG vote indicated to the right hereof adopted by the COU\'CIL of ELARIO~oFF [he County of Hawai' i on 14COBSOK LEITHEAD-TODD A (TEST PISICCHIO SAFARIK TYLER t AGOt;G Reference C-45/P[dIRC COUNTY' CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO iS U1 COUNTY OF HAWAII DEPARTMENT OF PUBLIC Vr'ORKS PRIVATE WATERLINE INSTALLATION PERMIT NO. Street Name(s): Tmk: THIS PERMIT ~s Issued by the Director of the Department of Publtc Works hereinafter called the DIRECTOR, as authorized by Hawau County Council Resolution No , to .whose address is hereinafter called the PERMITTEE, WHEREAS, the Permittee does not have access to a public water system along the enure street frontage of his property, and WHEREAS, the Permittee desires to mstaH a privately owned ~aaterlme within a County street right-of--way to provide restdenhal water service, and ~y'HEREAS. the Permrttee has provided a plot plan, drawn to scale. showing location of the private waterline relative to the County road, right-of-way/property hoes and all infrastructure m the vicinity, including uulmes The plan is attached to [his permit as Exhibit 1, and R'HEREAS. the Permrttee shall be responsible for installation and maintenance ofthe private waterline NOW. THEREFORE, The Director grants to the Permrttee the right to place a prn•ate waterline within the County's right-of--way meeting with all of the conditions stated above and as follows (1) Before commencing any work to install the private waterline, the Permrttee shall obtain from the Department of Public Works a Construction Permit to work within the County's Pnvaie WaierLne Perrin wpd -I - EXHIBIT A nght-of--way, a copy of which shall be attached as Exhtbrt 2, and shall comply wnh all of rts regwrements and condmons (2) The pnvate waterline and all of rts appurtenances are deemed to be the property of the Permrttee (3) The Permrttee shall, at hts own expense, repair and maintain his pnvate waterline (4) The Pernuttee shall, at his own expense, repatr any and all defects and damages that may be caused by his construction activtty or his waterline to County facihttes, uttlmes, dnveways and other pnvate waterlines and Improvements to the satisfaction of applicable owners Before commencing any repair work wrthm the County ~s nght-of--way, the Pemuttee shall obtain from the Department of Publlc Works a Construction Permlt and shall comply with all of rts requirements and condmons (6) This permit Is a license Issued to the Permrttee only and Is not transferrable and Is applicable to only those Improvements Identified by this permn (7) The Permrttee shall observe and comply with alllaws, ordinances and regulations of the federal, state or county governments affecting the installation and use of the private waterline (8) The Permrttee agrees to hold hatmless, indemnity and defend the Coun[y of Hawau, rts officers, employees and agents against any and all lawsuits, claims, demands, judgments. liens or costs ansing from the placement of the pnvate waterline wrthm the County's nght-of-way or the Director's Issuance of additional Pnvate ~4'aterlme Installation Permits within the same County nght-of--way (9) The County of Hawau shall have no obligation to repatr or replace any pnvate waterline, even If damaged by County employees (l0) Should the pnvate waterline interfere or obstruct any unprovements being provided Pnvale w'amdme Permv wpd -2- E?CIiI$[ f by the County of Hawau, the Permtttee shall, at his own cost and expense, temporarily or permanently relocate the pnvate waterline to another location that meets with the approval of the Dtrector (11) This permit is automaticaliy cancelled upon disconnection of the water meter, termination of use or upon the abandonment of the intended purpose for which this permit is issued (12) The Dtrector may terminate this permit in the event the Permtttee violates any of the conditions or requirements contained by this permit A violation letter shal I be delivered by certified matt to the Permrttee Upon receipt of the fetter, the Permrttee shall, within fourteen (14) days, submit to the Director for his approval, a wntten plan of action to correct the violation The Permrttee's failure to properly respond w•tthm above stipulated fourteen (14) days or his failure to execute lus approved action plan will result m the immediate ternunauon of this Permit (li) Upon termmahon of this Permit, the pnvate w•aterLne shall be abandoned m place Salvaging of the pnvate waterline will not be allowed The Department of Water Supply will also be advised of the termination of this permit IN WITNESS WHEREOF, the pames hereto have caused this pemmt to be duly executed this day of PERIvtITTEE COUNTY OF HAWAII By By Dtrector Print Name Department of Public Works Pnvam watedmc Pemm wpd -3- EXHIBIT A