HomeMy WebLinkAboutRES 108 Draft 01 2004-2006 ~ttl ®s y~~
,Jd1~,
COUl®TTY OF I-~AW1~.I`I ~ :b ST1~TE O~ ~-I~~1~I`I
gp~~..wa,,l
RESOLUTION NO. ~
RESOLUTION AUTHORIZING TIIE MAYOR TO ENTER INTO AN AGREEMENT
WITH C. BREWER & COMPANY, LIMITED, A HAWAII CORPORATION, FOR THE
ACCEPTANCE OF THE DONATION OF LAND WHICH ENCOMPASSES TIIE NA`ALEHU
PARK AND COMMUNITY CENTER IDENTIFIED BY TMK: 3-9-5-021-023 CONSISTING OF
6.409 ACRES, TO TIIE COUNTY OF IIAWAI`I AS FINAL COMPENSATION TOWARDS C.
BREWER ~i COMPANY, LIMITED'S SHARE OF THE COST OF FINANCING THIS
PROJECT AS OUTLINED BELOW AND IN GRATITUDE TO THE COUNTY OF HAWAII
FOR TIIE ASSUMPTION AND IMPLEMENTATION OF THE PROPOSED NA`ALEHU AND
PAIIALA WASTEWATER SEWER SYSTEMS, WITH NO FURTHER LIABILITY OR
RESPONSIBILITY FOR TIIE SYSTEMS BY C. BREWER & COMPANY, LIMITED.
WHEREAS, Federal regulations promulgated by the United States Environmental Protection
Agency require that large capacity cesspools (gang cesspools) be eliminated by April 5, 2005; 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 & Company, Limited, a Hawaii corporation; and
WHEREAS, C. Brewer & 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 RESOLVED BY THE COUNCIL OF TIIE COUNTY OF
HAWAII that it authorizes the Mayor of the County of Hawai` i to enter into an agreement with C.
Brewer & Company, Limited, in addition to the provisions of Resolution No. 72-05, that would legally
bind the parties to the following:
1. C. Brewer & Company, Limited will donate the land identified by Tax Map Key
3-9-5-0 21-023, consisting of 6.409 acres, to the County for the recreational activities of
the surrounding communities and for the purpose of assisting in financing the cost of
installing house sewer lateral connections and other Na`alehu and Pahala water system
requirements.
2. C. Brewer & Company, Limited will place funds in the approximate amount of $280,000
in an escrow account for the purpose of assisting in financing of the costs of installing
house sewer lateral connections to the proposed new sewer systems in Na`alehu and Pahala.
3. The County will utilize the funds placed in the escrow account by C. Brewer & Company,
Limited to assist homeowners in financing the costs of installing house sewer lateral
connections.
4. The County will assume C. Brewer & Company, Limited's position in this project and
C. Brewer & Company, Limited will have no further responsibility or liability in the
implementation and completions of these systems.
BE IT FURTHER RESOLVED that, in accordance with Article X(II, Section 13-12 of the
Hawaii County Charter, the County of Hawaii, through its Department of Parks and Recreation, is
authorized to accept the donation of land from C. Brewer & Company, Limited.
BE IT FURTHER RESOLVED that it is the intent of the County of Hawaii that this donation
be used for the recreational purposes of the surrounding communities.
BE IT FINALLY RESOLVED that the County Clerk shall forward copies of this resolution to
C. Brewer & Company, Limited, the Hawai i County Department of Parks and Recreation and the
Department of Finance.
Dated at ,Hawaii, this day of , 2005.
INTRODUCED BY:
r~~~
COUNC MEMBER, COUNTY OF HAWAI`1
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo, Hawaii ARAKAK[
HIGA
hereby certify that the foregoing RESOLUTION was by HOFFMANN
the vote indicated to the right hereof adopted by the COUNCIL of the HOLSCHUH
County of Hawaii on
IKEDA
ISBELL
ATTEST: .IACOBSON
PILAGO
SAFARIK
Reference: C-293/FC
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ~t~ ~ LI