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HomeMy WebLinkAboutCOM 0370.007 2000-2002 ~IL.L 225 ®lFl° 4 AN OR®INAINCE A~I~hIDING CHARTER 22, ®F THE HAVNABI C®llIV7'1( CODE 1983 (1935 ~~sTlo~), ~~A~°~lv~ sTREET's AN®sl®IEV~A~KS T. ~sHa~~ DIRiECTOR _ G®\9Et2NIlAENTA,~ .A~~o41RS • V~I~I~OI~ ~JAL+VAII $rye} ~ ~ D~CEt~t~~R 19, 2001 ~t~~_ ~_'r~,~_ ~.35i~5~ (,~eti~±ri~ Chair Arakaki and Members of the Hawaii County Council: I am Paul Oshiro, submitting testimony on behalf of Verizon Hawaii on Sil! 225, Draft "AN ORDINANCE AMENDING CHAPTER 22, OF THE HAWAII COUNTY CODE 1983, RELATING TO STREETS AND SIDEWALKS." Sl11VIMAlf~Y This bill creates a new chapter to define and regulate construction within County streets; and uses within or adjacent to a County street that are not an integral part of its infrastructure or necessary for safe and lawful operation on the street. This measure also mandates the naming of all streets and the numbering of all houses and commercial buildings within the County. Verizon Hawaii supports this bill with the following modifications: 1. an amendment to extend the use of County streets exemption contained in section 22-3.2 to public utilities which are authorized by Charter; and 2. an amendment to extend the emergency work provisions contained in section 22-4.1 to public utilities which are authorized by Charter. ~s ~~fi . ~ t~ bras f. ~`oe DTI®NAl.lw Unlike other public utilities operating in the State of Hawaii, Verizon Hawaii does not have "an executed utility franchise." This is due to our origin as the Mutual Telephone Company during the reign of King David Kalakaua in the 1800's. In 1883, the Kingdom of Hawaii officially recognized the Mutual Telephone Company, later to be known as Verizon Hawaii, with a charter of incorporation to conduct its business in the area of telephone communications. Without the inclusion of the terms, "a charter," in both Section 22-3.2 and Section 22-4.1, Verizon Hawaii would be the only utility excluded from the provisions of this section. The proposed amendments will read as follows: 1. "Secti®n 2~-3.2. Public utilities exer~npti®n. Public utilities that have a charter. an executed utility franchise, or other legally binding agreement with the County of Hawaii, including provisions of the Hawaii Revised Statutes, may be exempt from the provisions of this article at the discretion of the director." 2. "Secti®n 22-4.1. C®nstructi®n Perrrait required. No person shall, in any manner for any purpose, alter, breakup, dig up, disturb, undermine or dig under or cause to be altered, broken up, dug up, disturbed, undermined or dug under any county street without having first obtained a written permit to do so from the director. Public utilities that have a charter, an executed utility franchise, or other legally binding agreement with the County of Hawaii, including provisions of the Hawaii State Statutes, are not required to obtain a permit if the county street is altered, broken up, dug up, disturbed, undermined or dug under as part of an emergency repair or other urgent work necessary to immediately restore lost service to their customers. However, a permit for this work must still be obtained on the first county working day following the emergency repair." C®NCLUSB®N Verizon Hawaii respectfully recommends that this bill be passed with the incorporation of the above-mentioned amendments. Thank you for the opportunity to submit testimony on this matter.