HomeMy WebLinkAboutRES 072 Draft 01 2004-2006 MZV os M4~
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COUNTY OF HAWAII STATE OF HAWAII
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RESOLUTION NO. 72 U5
RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH C.
BREWER AND COMPANY, LIMI"fED, A IIAWAI`I CORPORA"I"ION, FOR THE ACCEPTANCE OF
THREE HUNDRED AND FIFTY THOUSAND DOLLARS ($350,000) AND THE DONATION OF LAND
IDENTIFIED BY TMK: (3) 9-6-002-024 IN PAHALA, AND TMK: (3) 9-5-024-O1 I [N NA`ALEHU FOR
THE CREATION OF NEW COMMUNITY SEWER SYSTEMS FOR PAHALA AND NA`ALEHU,
DISTRICT OF KA'U, COUNTY OF HAWAI'1
WHERF,AS, Federal regulations promulgated by the United States Environmental Protection
Agency require that large capacity cesspools (gang cesspools) be eliminated by April 5, ?005; and
WHEREAS, portions of the Na'alehu and Pahala communities are served by community sewers that
utilize large capacity cesspools; and
WHEREAS, the existing community sewers in Na`alehu and Pahala are currently owned and
maintained by C. Brewer and Company, Limited, a Hawaii corporation; and
WHEREAS, C. Brewer and Company, Limited, will not be able to own and manage the existing
community sewer systems since the company will be going out of business in the near future; and
WHEREAS, the County has the authority to own and operate community sewer systems, and is
willing and able to accept improved community sewer systems in Na'alehu and Pahala.
NOW, THEREFORE, BE IT RESOLVF,D BY THE COUNCIL OF THE COUNTY OF
HAWAI`[ that it authorizes the Mayor of the County of Hawaii to enter into an agreement with C. Brewer
and Company, Limited, that would legally bind the parties to the following:
I . C Brewer and Company, Limited, will assist with the payment of the cost of testing and
evaluating the current sewer systems, design and preparation of construction plans and
specitications ibr the new community sewer systems, including wastewater treatment and
disposal facilities, in Na'alehu and Pahala meeting the County, State, and United States
Environmental Protection Agency requirements.
2. C Brewer and Company, Limited, will also pay for the cost of connecting each resident
currently connected to the existing community sewer system in Na`alehu and Pahala to the new
community sewer systems.
3. C. Brewer and Company, Limited, will assist with the payment of the cost of item nos.l and 2
above to a maximum of $350,000, and will donate the land for the proposed wastewater
treatment sites to the County. Pahala donation site covered by Tax Map Key (3) 9-6-002-024.
Na'alehu donation site covered by Tax Map Key (3) 9-5-024-Q 11.
4. County will pay for the cost of constructing the new community sewer systems in Na`alehu and
Pahala maximising the use of State and Federal funds and all other costs, including but not
limited to the closing of the gang cesspools not needed for the new wastewater systems.
S. County will own and operate the new community sewer systems in Na`alehu and Pahala, and C.
Brewer and Company, Limited, will have no further liability for the ownership or operation of
the new community sewer systems in Na`alehu and Pahala.
BE IT FURTI-€ER RESOLVED that, in accordance with Article XIII, Section 13-12 of the Hawaii
County Charter, the County of Hawaii, through its Department of Public Works, is authorized to accept the
donation of land and three hundred and fifty thousand dollars ($350,000) from C. Brewer and Company,
Limited.
BE IT FURTIIER RESOLVED that it is the intent of the County of Hawaii that this donation be
used for the creation of new community sewer systems for Pahala and Na`alehu, District of Ka`u, County of
Hawaii as described above.
BE IT FINALLY RESOLVED that the County Clerk shall forward copies of this resolution to C.
Brewer and Company, Limited, the Hawaii County Department of Public Works, and the Department of
Finance, Accounts Division.
Dated at Hilo ,Hawaii, this 6th day of April , 2005.
INTRODUCED BY:
COUNC MBER, CO TY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NoFS nss Ex
Hilo, Hawaii nRAKAKI X
H1GA X
I hereby certify that the foregoing RESOLUTION was by HOFFMANN
the vote indicated to the right hereof adopted by the COUNCIL, of the HOLSCFEUH X
County of Hawaii nn Aj~ril 6.____2005
IKEDA X
ISBELL
A7TEST: .IACOBSON
PII,AGO X
SAFARIK
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~ ~ Reference: C-198/Waived FC
COUNTY CLERK CHAIRMAN & P :SIDING OFFICER RESOLUTION NO. Q,