HomeMy WebLinkAboutRES 203 Draft 04 2002-2004 COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 20 ~ 04
(Draft 4)
A RESOLtJ"PION AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY
LhiINIiN l DOMAIN OR NEGOTIATION FOR THE PAHOA VILLAGE RESOURCE PARK,
PA110,1, DIS'fRIC'f OF PUNA, COUNTY AND STATE OF HAWAII. 13F,ING TAX MAP KEYS:
(3)I-5-002:024,(3)1-5-002:026 and (3)I-5-002:027.
f3E IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII:
WHEREAS, the County of Hawaii has planned and is ready to construct the Pahoa Village
Resource Park in Puna utilizing general obligation bonds pursuant to Ordinance No. 03-49; and
WHEREAS, the new Pahoa Village Resource Park has been determined by the County of
Hawaii as providing a regional public use and purpose which will benefit the County of Hawaii:
and
W tIEREAS, the lack of vehicular parking in Pahoa Village, especially for those businesses
located along the old Highway 130, which passes through Pahoa Village, places a severe constraint
on businesses and their customers; and
WtiLRI:AS, the Pahoa Village Resource Park, which will include a paved parking lot, public
restrooms and an informational kiosk, will enhance and complement the Pahoa Village business
community and mutually benefit existing recreational and commercial uses, which constitutes a valid
public purpose and use which will benefit the County of Hawaii ;and
WI IEREAS, the construction of the Pahoa Village Resource Park would entail acquisition by
the County of Hawaii ofthe lands described in Exhibit A, attached hereto and made a part hereof,
identified as Tax Map Keys: (3)I-5-002:024, (3)I-5-002:026 and (3)1-5-002:027, owned by Monika
Mallick. together with any adjacent lands necessary for temporary construction purposes, including
but not limited to, temporary easements for construction and operations. storage and disposal areas:
and
w'I ILRGAS, it is necessary for the public use and purpose, to take, acquire and condemn
certain lands, described in Exhibit A, in order to complete the Pahoa Village Resource Park; and
WI II;RGAS, Section 101-13, Hawaii Revised Statutes, requires that a condemnation action
by the County of Elawai'i must be authorized by a resolution of the County Council.
NOb1'. TI EGRGPORE. BE IT RESOLVED BY THE COUNCIL OF THF. COUNTY OF
111\V~I'I that in the interest of public welfare, it is necessary, for the public use and purpose, to ~s iL
The construction and operation of the Pahoa Village Resource Park, to take, acquire and condemn
certain lands with all improvements thereon and appurtenances thereunto belonging, free and clear of
all liens and cncumhrances as described in Exhibit A, attached hereto and made a part hereof,
identified as Tax Map Keys (3)1-5-002: 024. (3)I-5-002:026 and (3)I-5-002:027, owned by Monika
Mallick, to be a part of the Pahoa Village Resource Park, together with any adjacent lands necessary
for temporary construction purposes, including but not limited to, temporary easements for
construction and operations, storage and disposal areas.
E3E IT FUR'f1iER RESOLVED that the Corporation Counsel of the County of Hawaii be
and is herehy authorized and empowered to initiate proceedings in eminent domain, as provided by
I.nv, fur the taking. acquisition and condemnation of the aforesaid land.
BG IT PURTIEER RESOLVED that the authorization contained herein shall he conditioned
upon the Corporation Counsel first determining that the total value of the properties sought to be
obtained does not exceed $500,000. Upon such determination that said value does not exceed
$500.000, and in addition to its authorization to proceed in eminent domain, the Corporation Counsel
shall be authorized and empowered to negotiate terms of settlement, not to exceed $500,000 for land
acquisition. in accordance with section 2-IQ Hawaii County Code, and the approval of the court
hefbre hich such proceedings are prosecuted.
BE IT FINALLY RESOLVED that the Clerk of the County of Hawaii is directed to transmit
copies of this resolution to (1) the Honorable Harry Kim, Mayor of the County of Hawaii; (2) the
Off ice of the Corporation Counsel; (3) Bruce McClure, Director of the Department of Public Works;
and (-I) Monika Ma}lick, 10776 Wilshire Boulevard, Los Angeles, California 90024.
Dated at Hilo, Hawaii, this 4th ,day of August , 2004.
INTRODUCED BY:
.
COUNCIL B COUN Y OF HAWAII
Date of Introduction: July 23, 2004
Date of Publication: August 2, 2004
Date of 2"d Reading: August 4 , 2004
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOI~;S A13s Fx
Hllo, Hawaii ARAKAKI X
C[[UNG X
I hereh+ ccrtif+-that the lurrgoing RESOLUTION ~+as h}' ELARIONOFF X
thr +rte indicated to the right hereof adopted by the COUNCIL of the WOLSCI{UH X
('rung ri'lla+uii'i on August 4, 2004
JACOI3SON X
REYNOLDS X
ATTf:ST: SAFARIK X
TULANG X
TYLER
-L~` 7 1 1 0
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Reference: C-663.13
C r~;d CI.[. CHAIRMAN & PRESIDING OFF[CER RESOLUTION NO. (Draft 4 )
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