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HomeMy WebLinkAboutORD 1972-535AMENDED BILL N0. 932 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. Jr~`r7 AN ORDINANCE PROVIDING FOR THE TEMPORARY REPAIR OF CERTAIN ROADS FOR THE PURPOSE OF ALLEVIATING ROAD CONDITIONS WHICH SEVERELY ENDANGER THE PUBLIC HEALTH, SAFETY AND WELFARE. WHEREAS, it is the duty of the County of Hawaii to provide for the public health, safety and welfare of the citizens of the County of Hawaii; and WHEREAS, in particular instances the County has maintained roads such that the residents serviced by those roads have been led to believe that the County has a responsibility to assist in the maintenance of those roads and such maintenance has induced public travel on those roads; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Definitions. A. Roads. Those private roads that were previously maintained by the County of Hawaii prior to 1963. B. Extreme deterioration. That state of road disrepair which severely endangers the public health, safety and welfare. C. Chief Engineer. The Engineer as provided for in Section 6-2.2 of the County Charter, County of Hawaii 1968. SECTION 2. Chief Engineer's Determination. Upon written notification of extreme deterioration of roads as defined in Section lA, Definitions, the Chief Engineer may make a determination as to whether the roads are in a state of extreme deterioration and whether the County of Hawaii, in the best interest of all of its people and as a matter of public necessity, should provide for the temporary maintenance of such roads. In making this determination, the Chief Engineer shall consider whether the effect on the health, safety and welfare of a substantial number of persons and the effect on the County as a whole are of such nature as to warrant assistance from the County government. SECTION 3. Specific Conditions for Temporary Maintenance of Roads in a State of Extreme Deterioration. A. No maintenance work shall be done by the County on roadways which are so marked or delineated as to exclude the general public. B. The owner or owners of the road shall be contacted and consulted, and a maintenance agreement shall be entered into between the County and the owner or owners. The agreement shall contain provisions as to liability of the parties, public use and occupancy, cost sharing and such other terms and conditions of use and maintenance as may be agreed upon. C. The maintenance provided by the County under this ordinance shall be only of a temporary repair nature. In no case shall any act of maintenance by the County be construed as an act of ownership or control of a road. This ordinance does not sanction maintenance of private roads on a continuing basis. -2- D. Under the terms of this ordinance, the Chief Engineer is authorized only to provide temporary maintenance to those roads that were maintained by the County prior to 1963, as defined in Section lA. E. As authorized by the Chief Engineer in accord with the terms of this ordinance, temporary repair shall consist of repairing roads with materials of like kind. F. In the event of major improvements of a permanent nature as determined by the Chief Engineer, this ordinance is inapplicable and improvements are to be made under Ordinance No. 350, Improvement Districts. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: / G/~/ NCI AN, COUNTY O WAII Hilo, Hawaii Date of Introduction: October 11, 1972 Date of Adoption: October 25, 1972 -3- Hilo, Hawaii Date: October 11, 1972 FIRST READING AYES NOES A/E Car enter X De Luz X Edwards X Greenwell X Hisaoka X Souza X Yadao X Yamada X Chr Matayoshi X 9 0 0 Publication Date: October 22, 1972 Hilo, Hawa~ Date: October 75 1977 SECOND & FINAL READING AYES NOES A/E Carpenter X De Luz X Edwards X Greenwell X Hisaoka X Souza X Yadao X Yamada X Chr Matayoshi X 8 1 0 Publication Date: November 7, 1972 We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. 1 ~C.l~ Approved/Disspp~esrr~ this ~ -' day of '1-, 72~~tY--~,t (~~c ti , t9 / Mayor, y.ounty o4 Hawaii Bill No._9 3 2 Reference: ~PWC-89 M.B. No. .-~~.~, J c.~ ORD.1F0 No. a7 ` d\ ~ie~ County Clerk BILL NO. 932 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE N0. WHEREAS, it is the duty of the County of Hawaii to provide for the public health, safety and welfare of the citizens of the County of Hawaii; and WHEREAS, in particular instances the County has maintained roads such that the residents serviced by those roads have been led to believe that the County has a responsibility to assist in the maintenance of those roads and such maintenance has induced public travel on those roads; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Definitions. A. Roads. Those private roads that were previously maintained by the County of Hawaii prior to 1963. B. Extreme deterioration. That state of road disrepair which severely endangers the public health, safety and welfare. C. Chief Engineer. The Engineer as provided for in Section 6-2.2 of the County Charter, County of Hawaii 1968. SECTION 2. Chief Engineer's Determination. Upon written notification of extreme deterioration of roads as defined in Section lA, Definitions, the Chief Engineer may make a determination as to whether the roads are in a state of extreme deterioration and whether the County of Hawaii, in the best interest of all of its people and as a matter of public necessity, Bill No. 932 - 1972 This Bill provides that it is the duty of the County of Hawaii to provide for the public health, safety and welfare of the citizens of the County of Hawaii and in particular instances where the County of Hawaii has maintained roads that the residents serviced by those roads have been led to believe that the County has a responsibility to assist in the maintenance of those roads and such maintenance has induced public travel on those roads that were previously maintained by the County of Hawaii prior to 1963, therefore, this Bill provides that upon written notification of extreme deterioration of roads, the Chief Engineer may make a determination as to whether the roads are in a state of extreme deterioration and whether the County of Hawaii, in the best interest of all of. its people and as a matter of public necessity, should provide for the temporary maintenance of such roads. In making this determination, the Chief Engineer shall consider whether the effect on the health, safety and welfare of a substantial number of persons and the effect on the County as a whole are of such nature as to warrant assistance from the County govern- ment. Further, this Bill sets forth the specific conditions for temporary maintenance of roads in a state of extreme deterioration. Date Introduced: October 11, 1972 Copies of the foregoing Bill, in full, are on file in the Office of the County Clerk for use and examination by the public. I hereby certify that the foregoing Bill passed first reading at the meeting of the County Council on October 11, 1972, by the following aye and no vote: AYES : Councilmen Carpenter, De Luz, Edwards , Greenwell, Hisaoka, Souza, Yadao, Yamada and Chairman Matayoshi - 9. NOES : None. This eifl IA.ciii0t4 400010111. IirisoF 0� . 000"0010#10101000 yOf « ,� citizens of a of eMll-in VAtea.,,c; particular instances where the County of Hawaii has maintained roads that the COUNT' CLERK residents serviced by those roads have been led to believe that the.County has a responsibility to assist in the maintenance COUNTY OF HAWAII of those roads and such maintenance has induced public travel on those roads that were previously maintained by the County of Hawaii prior to 1963,therefore;this Bill provides that upon written notification of extreme deterioratidn of roads, the Chief Engineer may make a determination as to whether the roads are in a state of extreme deterioration and whether the County.of Hawaii, in the best interest of ali-of its people and as a matter of public necessity, should provide for the temporary main- tenance of such roads. In making this determination, the Chief Engineer shall consider whether the effect on the health, safety and welfare of a substantial number of persons and the effect on the County as a whole are of such nature as to warrant assistance from the County government. Further, this Bill sets forth the specific conditions for temporary maintenance of •roads in a state of extreme deterioration. Date Introduced: October 11,1972 Copies of the foregoing Bill,in full,are on file in the Office of the County Clerk for use and examination by the public. 1 hereby certify that the foregoing Bill passed first reading at the meeting of the County Council on October 11,1972,by the following aye and no vote: AYES: Councilmen Carpenter,De Luz, Edwards, Greenwell, Hisaoka, Souza, Yadao,Yamada and Chairman Matayoshi —9. NOES: None. Tadashi Suzuki COUNTY CLERK COUNTY OF HAWAII (825—Hawaii Tribune-Herald: Oct.22,1972.) , ORDINANCE NO. 535 (Bill No. 932-1972) AN ORDINANCE PROVIDING FOR THE TEMPORARY REPAIR OF CERTAIN ROADS FOR THE PURPOSE OF ALLEVIATING ROAD CONDITIONS WHICH SEVERELY ENDANGER THE PUBLIC HEALTH, SAFETY AND WELFARE. Date Approved: October 25, 1972 Date Effective: November 2, 1972 Copies of the foregoing Ordinance, in full, are on file in the Office of the County Clerk for use and examination by the public. I hereby certify that the foregoing Ordinance passed second and final reading at the meeting of the County Council on October 25, 1972, by the following aye and no vote: AYES: Councilmen Carpenter, De Luz, Edwards, Greenwell, Hisaoka, Souza, Yadao, and Yamada - 8. NOES: Chairman Matayoshi - 1. COUNTY CLERK COUNTY OF HAWAII rte,' ~ li '`~ iE`, Atrt~DINA~CE PRbYIDING FOR THE TEMPORARY REPAIR. OR CERTAIN ROADS FOR THE PU0.P01E.OF ALLEVIATING ROAD CONDITIONS WHICH SEYERELVENDANGER THE PUBLIC HEALTH, 'SAFETY .AND WELFARE. DgeARP9evetl: October T5,19TT ONe ENacHVe: NOVemtRi T, 191T COge1.g9IneMraqtjbq OtgMenar, in roll, are en file in me ONice 01 Tne County ClerA for Yae arrtl axdminat lon ~bY the pub0a -.. I nerebY !N'9NY tllsf Nte: fpNgWnq Or tliAdnee gNeMeecmR.apl IInAI'T9rtllnq N tM Mesfllp a Me, County CiIMMCII en Octgber u, IWT~ by Me bQWVinq eye snit m wb'. ;.rt=. ,~ AYES: COUnGllmerc`CaipeMOr: D! Lux, Etlwartla, ~ryemreM, ~ HNaOka; ' !Data,. Yebs9, antl YAMetla--e. NOE9~. YMUmen AlateyONil~--0. >'7etlesal SUiuai~ COUNTYSLE RK COUN iV OF HAWAII , 19)J' -Hawaii TriWns~Heraltl: Nov. 9, 1%T)