HomeMy WebLinkAboutRES 553 Draft 01 2006-2008 MSY Yi
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COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 553 d8
A RESOLUTION REQUESTING THAT THE COUNTY OF HAWAII COMPLETE
CONSTRUCTION OF THE MAMALAHOA BYPASS HIGHWAY OVER THE
RICHARDS/COUPE PROPERTY.
WHEREAS, the County of Hawaii, on December 3, 2007, took possession of the
Richards/Coupe parcel, a portion of Tax Map Key: (3) 8-1-007:045, for the proposed
Mamalahoa Bypass Highway, in Civil Nos. 00-1-0181K and OS-1-O15K, County of Hawai `i v.
Robert Nigel Richards, et al.; and
WHEREAS, completion of the Mamalahoa Bypass Highway is in the best interests of
the residents of the County of Hawaii and, in particular, the residents of South Kona; and
WHEREAS, the County of Hawai `i v. Robert Nigel Richards, et al. cases are in the
process of being appealed, which may cause further delays in the construction of the roadway;
and
WHEREAS, Oceanside 1250 was required by the Development Agreement and as a
condition of its rezoning to complete the construction of the Mamalahoa Bypass Highway; and
WHEREAS, Oceanside 1250 has some reservations with proceeding with construction
of the Mamalahoa Bypass highway prior to the completion of the appeals; and
WHEREAS, Oceanside 1250 would still be responsible for the costs of construction,
whether the roadway was completed by Oceanside 1250 or the County of Hawaii; and
WHEREAS, a question of procurement was raised in the County ofKawai `i v. Robert
Nigel Richards, et al. cases regarding construction by a third party on the Richards/Coupe parcel
now that it is under the County of Hawai`i's possession; and
WHEREAS, the Council of the County of Hawai `i recognizes the need for progress to
start taking place for this road to be opened; and
WHEREAS, the County of Hawaii could proceed with the construction process without
the delay of appeal; and
WHEREAS, the County would have better grounds for appeal purposes to show
necessity of the road if it is being built or has been completed for appeal purposes; now,
therefore,
SE IT RESOLVED 13Y TIME COUNCIL OF THE COUNTY OF I~AVVAI`I that it is
necessary to help encourage the construction of the Mamalahoa Bypass Highway and not wait
for the appeal process to run its course, and that the administration be asked to consider
undertaking the construction of the Richards/Coupe section of the Mamalahoa Bypass Highway
and seek reimbursement from Oceanside 1250 for the construction costs.
BE IT FURTHER RESOLVED that the Clerk of the County of Hawaii shall transmit
copies of this resolution to Mayor Harry Kim, the Department of Public Works, the Planning
Department, and Oceanside 1250, 78-6831 Ali`i Drive, Suite K-15, Kailua-Kona, Hawaii
96740.
Dated at Hilo , I-Iawai`i, this 9th day of April , 2008.
INTRODUCED BY:
COUNCIL ME BER, COUNT O HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo, Hawaii FORD X
HIGA X
[ hereby certify that the foregoing RESOLUTION was by HOFFMANN X
the vote indicated to the right hereof adopted by the COUNCIL of the IKEDA X
County ofHawai`ion ApTll 9, 2008 _ JACOBSON
X
NAEOLE
ATTEST: PILAGO X
YAGONG X
YOSHIMOTO X
~~`~,~,<,~~;r,,. , 4 Reference: C-1064/JC on PWI~~, FC and PC.-6
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COUl~1TY%CLERK CHAIRMA__ I?~~StDtN~~F'I~IC€~-----~_ RESOLUTION NO. h~~^•~'