HomeMy WebLinkAboutRES 234 Draft 01 2006-2008
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 234 (~'7
RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE SEWAGE WORKS
CONSTRUCTED BY SURF AND LAND LLC, AND AUTHORIZING THE
REIMBURSEMENT OF THE PARTIAL COST FOR THE SEWAGE WORKS.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII.
WHEREAS, Surf and Land LLC ("Applicant") was required to connect to the public
sewer line pursuant to condition J of Planned Unit Development No. 70, issued by the Planning
Director on April 28, 2004; and
WHEREAS, the Applicant has completed the sewer line extension from Kahakai Place
Planned Unit Development, located at Holualoa 1st and 2nd, North Kona, Hawaii, identified as
Tax Map Key: (3)7-6-017:068, along Stardust Lane and connecting to the existing County
system located on Ali`i Drive, as detailed on Exhibit "A" ;and
WHEREAS, the sewer line improvements was completed according to approved
construction plans and received approval by the Department of Environmental Management; and
WHEREAS, the Applicant is now desirous of transferring the sewer extension to the
County of Hawaii; and
WHEREAS, pursuant to Section 21-19, Hawaii County Code, all sewage works found
acceptable by the director of the department of environmental management shall become the
property of the County and shall be maintained and operated as part of the public system; and.
WHEREAS, pursuant to Section 21-28, Hawaii County Code, the Applicant may receive
for ten years after completion of the extension, one-half of all moneys collected for sewer
charges collected by the County from other properties connecting to the extension, provided the
total reimbursement does not exceed the cost of the sewer extension; and
WHEREAS, the Applicant is desirous of receiving reimbursement of the cost of said
sewage works from the County; and
WHEREAS, the full cost of the said sewage works is $236,600.00; and
WHEREAS, Section 21-28, Hawaii County Code, requires that reimbursement to the
Applicant for construction of the sewer line extension requires the approval of the Council by
resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII, in accordance with Article XIII, Section 13-12, Hawaii County Charter, and Section
21-19, Hawaii County Code, the Council of the County of Hawaii hereby accepts the
aforementioned sewage works, and authorizes the reimbursement to the Applicant of
construction costs of the sewer extension pursuant to Section 21-28, Hawaii County Code.
BE IT FURTHER RESOLVED that a copy of this resolution be forwazded to: (1) Mayor
Harry Kim; (2) the Depaztment of Environmental Management; (3) the Planning Department;
(4) Assistant Corporation Counsel Gerald Takase; and (5) Steven S.C. Lim, attorney for Surf and
Land LLC, P.O. Box 686, Hilo, Hawaii 96721-0686.
2
Dated at Hilo , Hawaii, this 10th day of July , 2007.
INTRODUCED BY: (
Cr~
COUNCIL BER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii
Hilo, Hawaii AYES NOES ABS EX
FORD x
I hereby certify that the foregoing RESOLUTION was by the H[GA g
vote indicated to the right hereof adopted by the COiJNCIL of HOFFMANN X
the County of Hawaii on July 10, 2007 1KEDA X
ATTEST: JACOBSON g
NAEOLE x
PILAGO g
YAGONG X
YOSHIMOTO
6 0 0
, Nt~,~_-, Reference C-470/EMC 7
COUNTY CLERK CHAIRMA SIDING OFFICER RESOLUTION NO. 2`34
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