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Home My WebLink AboutRES 015 Draft 02 2000-2002 COUNTY OF HAWAII STATE OF HAWAII ~:JS'- ~V RESOLUTION NO. 15 O1 (Draft 2) RESOLUTION AUTHORIZING THE INSTALLATION OF PRIVATE ~i'ATER SERVICE LINES WITHIN COUNTY RIGHTS-OF-WAY BE IT RESOLVED BY THE COLR~ICIL OF THE COLTITY OF HA~~'AI`I WI-IEREAS, a pubhc water system is not available m many res~denttal azeas of the County of Hawaii, and ~~'HEREAS, rt is sometimes possible to extend a pnvate water service line from an authonzed water meter to a residence by installing the ~a•ater service line within the County nght-of--way, and ~~•'HEREAS, rt is necessary to establish a procedure for the orderly installation of pnvate water service lines to minimize pubhc liability and responsibility, and ~'l'HERE.AS, the Director of the Department of Public Works, the Manager of the Department of Vb'ater Supply, and the Chief of Police have worked together to develop a pnvate water Ime installation pennrt (Exhibit A) to allow the placement of pnvate water service fines wnhm the County's nghts-of--way to provide residential water services, and ~'~'HEREAS, section 2-119, Ha~aai'i County Code, allows the Council to direct the Director of the Department of Public Works, 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 pennns through negotiations and without pubhc auction to enter and occupy County highways and nghts-of--way owned, maintained or under the ~unsdiction of the County under restnctions, condmons and terms which will best serve the interest of the County and the general public, and y~'HEREAS, the Council finds that this permit proeram is a practical method to deal with requests to install residential ~a•ater service fines within County nghts-of-way NObV, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY" OF HAWAII that the Director of the Department of Public Works, on consultation with the Manager of the Department of y~'ater Supply and the Chief of Police, is hereby authonzed to grant private water line installation permits for a one time fee of $100, with such restrictions, conditions 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 Deparhnent of Public Works, the Manager of the Department of Water Supply, and the Chief of Police. DATED: Hilo, Hawaii, January 24, 2001 INTRODUCED BY: f COUNC MEMBE C F HAWAI COUNTY COUNCII, ROLL CALL VOTE County of Hawaii Hilo, Hawaii AYES NOES ABS EX ARAKAKI I hereby certify that the foregoing RESOLUTION was by the CHUNG X vote indicated to the right hereof adopted by the COUNCIL of ELARIONOFF X the County of Hawaii on January 24 2001 JACOHSON g LEITHHAD-TODD ATTEST: PISICCHIO g SAFARIK X TYLER YAGONG }t 9 0 0 0 ` Reference C-45.3 (~7CR`TCY CL CHAIRMAN 8c PRESIDING OFFICER RESOLUTION NO. ~S Ui (Draft 2 ) COUNTY OF HAWAII DEPARTMENT OF PUBLIC WORKS PRIVATE WATERLINE INSTALLATION PERMIT NO. Street Name(s)• Tmk: THIS PERMIT ~s issued by the Dtrector of the Department of Public Works hereinafter called the DIRECTOR, as authorized by Hawau County Council Resolution No , to ,whose address ~s hereinafter called the PERh1ITTEE, WHEREAS, the Perm~ttee does not have access to a public water system along the entire street frontage of his propem•, and WHEREAS, the Perimttee desues to install a privately owned waterline within a County street right-of--way to provide residential water serv•tce, and VI%HEREAS, the Pernuttee 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 vicimty•, including utilities The plan is attached to this perinrt as Exhtbrt 1, and WHEREAS, the Perm~ttee shall be responsible for installation and maintenance ofthe private water) me I:OW, THEREFORE, The Director grants to the Permittee the right to place a private waterline within the County's neht-of--way meeting with all of the condmons stated above and as follows (1) Before commencing any work to install the private waterline, the Permittee shall obtain from the Department of Public Works a Construction Peimrt to work within the County's Prnatc Waterline Pemw w•pd -1- EXHIBIT A (Draft 2) right-of--way, a copy of w•htch shall be attached as Exhtbt[ 2, and shall comply w•tth all of tts requtrements and condtttons (2) The pnvate waterline and all of tts appurtenances are deemed to be the property of the Permtttee (3) The Permtttee shall, at his ow•n expense, install, repatr and maintain hts private waterline (4) The Permtttee shall, at hts ow•n expense, repatr any and all defects and damages that may be caused by his construction acttvtty or his w•aterhne to County facthttes, utthttes, driveways and other pnvate ~;aterhnes and tmprovements to the satisfaction of applicable owners (5) Before commencing any repatr work within the County's right-of--way, the Permtttee shall obtain from the Department of Public Works a Construction Permit and shall comply with all of tts requtrements and condtttons (6) Thts pemttt is a license issued to the Permrttee only and is not transferrable and is applicable to only those tmprovements identified by this permit (7) The Permtttee shall observe and comply with all laws. ordinances and reeulations of the federal, state or county governments affecting the installatton and use of the pnvate waterline (8) "Che Pemuttee agrees to hold harmless. mdemnifi• and defend the County of Hawau, its officers, employees and agents against any and all lawswts. claims, demands, judgments. hens or costs arising from the placement of the pnvate waterline within the County's right-of-way or the Director's issuance of additional Private ~Vaterhne ]nstallatton Permits within the same County right-of-w•ay (9) The County of Hawau shall have no obligatton to repatr or replace any pnvate waterline, even if damaged by County employees Pnva0. ~1'atedme Pernut wpd -2- EXHIBIT A (DCaft Z) 0) Should the pnvate waterline interfere or obstruct any improvements being provided by the County of Hawan, the Permittee shall. at his ow•n cost and expense, temporarily or permanently relocate the private waterline to another location that meets with the approval of the Director (l l) This permit is automatically cancelled upon disconnection of the water meter, termination of use or upon the abandonment of the intended purpose for which this pernut is issued (12) The Director may terminate this permit m [he event the Permittee violates any of the conditions or regwrements contained by this permit A violation letter shall be delivered by certified mail to the Permtttee Upon receipt of the letter, [he Permittee shall, within fourteen (14) days. submit to the Director for his approval. a written plan of action to correct [he violation The Permrttee's failure to properly respond within above stipulated fourteen (l4) days or his failure to execute his approved action plan will result m the immediate termination of this Permit (13) Upon termination of this Permit, the private waterline 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 pennrt IN WITNESS WHEREOF, the parties hereto have caused this pernut to be duly executed this day of PERh4ITTEE COUNTY OF HA~'l%AII By By Director PnntName Department of Public Worhs Prl\aLL Waterline Pcrmu wpd -J- EXHIBIT A (DCatt