HomeMy WebLinkAboutORD 1992-034 1992-1994COUNTY OF HAWAII ;STATE OF HAWAII
BILL NO. s s 6
ORDINANCE NO. 92 34
AN ORDINANCE CREATING A TEMPORARY ONE-WAY STREET ON KAPIOLANI
STREET FOR LIMITED TIMES ON APRIL 17, 1992, AND APRIL 18, 1992.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. On April 17, 1992, and April 18, 1992, Saint
Joseph's Roman Catholic Church, located at the corner of Haili
Street and Kapiolani Street, will be holding religious services
which are expected to be heavily attended. In order to facilitate
safe and orderly traffic control in the area, this ordinance will
create temporary one-way traffic flow in a Puna (east) direction
on Kapiolani Street between Waianuenue Avenue and Ponahawai Street
between the hours of 1:00 p.m. and 6:00 p.m. on Friday, April 17,
1992, and between 7:00 p.m. and 11:00 p.m. on Saturday, April 18,
1992. During these two time periods, parking will be allowed on
both sides of Kapiolani Street.
SECTION 2. Notwithstanding any other laws to the contrary,
traffic shall move only in the Puna direction upon that portion of
Kapiolani Street between Waianuenue Avenue and Ponahawai Street in
Hilo on the following dates and times:
a) On April 17, 1992, between the hours of 1:00 p.m.
and 6:00 p.m.; and
b) On April 18, 1992, between the hours of 7:00 p.m.
and 11:00 p.m.
SECTION 3. Notwithstanding any laws to the contrary, there
shall be parking allowed on both sides of Kapiolani Street between
Waianuenue Avenue and Ponahawai Street on the following dates and
times:
a) On April 17, 1992, between the hours of 1:00 p.m.
and 6:00 p.m.; and
b) On April 18, 1992, between the hours of 7:00 p.m.
and 11:00 p.m.
SECTION 4. if any provision of this ordinance or the
application thereof to any person or circumstance is held invalid,
such invalidity shall not affect other provisions or applications
of the ordinance which can be given effect without the invalid
provision or application, and to this end, the provisions of the
ordinance are declared to be severable.
SECTION 5. Effective date. This ordinance shall take effect
at 1:00 p.m. on April 17, 1992, and shall expire at 11:00 p.m. on
April 18, 1992.
Hilo, Hawaii
Date of Introduction
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
INTRODUCED BY:
April O1, t9'42
April O1, 1992
April 15, 1992
April 17, 1992
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WAIVER AND ASSUMPTION OF LIABILITY AGREEMENT
THIS AGREEMENT, made and entered into this fifteenth day
of
1992, by and between Roman Catholic
Church in the State of Hawaii/St. Joseph Parish hereinafter ref erred
to as "the Church," and the COUNTY OF HAWAII, a municipal
corporation of the State of Hawaii, whose principal place of
business is 25 Aupuni Street, Hilo, Hawaii, by and through its
Mayor, Lorraine R. Inouye, hereinafter referred to as "County,"
WITNESSETH•
WHEREAS, the Church has requested that a temporary one-way
traffic pattern be initiated on Kapiolani Street between
Waianuenue Avenue and Ponahawai Street in Hilo, Hawaii, during
two periods on Friday, April 17, 1992, and Saturday, April 18,
1992, to facilitate orderly traffic movement resulting from
heavily attended religious services; and
WHEREAS, Bill No. 586, creating such a temporary pattern, is
currently pending before the Hawaii County Council; and
WHEREAS, the County has conditioned any such pattern upon
the execution by the Church of a satisfactory waiver and
assumption of liability agreement.
NOW, THEREFORE, in consideration for the institution of the
temporary one-way traffic pattern by Bill No. 586, the Church
agrees:
1. To waive, release, and forever discharge any and all
rights and claims for damage which may hereafter accrue to the
Church against the County, its officers, employees or agents for
any and all damages which may be suffered by the Church in
connection with its participation in the above-mentioned activity.
2. Not to sue at law or in equity the County, its officers,
employees or agents, or in any way aid in the institution or
prosecution of any claim, demand, action or cause of action
against the County for damages, costs, loss of services,
expenses, or compensation for or on account of any injury, damage
or loss of property to or of the Church, its employees,
participants, or representatives resulting from the temporary
one-way traffic pattern.
3. To provide all required safety precautions, including
appropriate signage approved by the Hawaii County Police
Department and the County of Hawaii Department of Public Works,
Traffic Division, special duty officers, or any other precaution
deemed necessary by the County.
4. To defend, indemnify, save, and hold harmless the County
from any and all deaths, injuries, losses, and damages to persons
or property resulting from the Church's negligent use and
management of the temporary one-way traffic pattern, and any and
all claims, demands, suits, action, and liability therefore,
caused by the error, omission, or negligence of the County and
the Church pursuant to the ordinance enacted.
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5. This agreement shall remain in effect for the term of
the above-referenced ordinance.
IN WITNESS WHEREOF, the parties hereto have set their hands
on the day and year first above written.
Roman Catholic Church in the State of Hawaii
Saint Joseph Parish
I P or
A RED REBULDELA
C~OU~NT~Y ~OF HAWAI I ,/ ~ ~ ~~
BI y -T~~-- iC. Y~'+!J~-r
RAI R IN UY /
Its Mayor
APP OVED AS TO FORM AND
LEGA
Begtrty Corporation Counsel
Date: ~+''~ 16, Iq`Iy
-3-
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
On this 16th day of April 1992, before me
appeared ALFRED F. REBULDELA to me personally known, who, being
by me duly sworn, did say that he is the Pastor
ROMAN CATHOLIC CHURCH IN THE STATE
of OF HAWAII SAINT JOSEPH_~SHa Hawaii corporation; that the seal
affixed to the foregoing instrument is the corporate seal of said
corporation; that said instrument was signed and sealed in behalf
of said corporation by authority of its Board of Directors; and
the said ALFRED F. REBULDELA acknowledged said instrument to be
the free act and deed of said corporation.
r~.ti ~~
Nary Public, State of Hawaii
My commission expires: 9~d9-9S
L5•
z
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
On this ~b}~ day of ~bn~ 19~? before
me personally appeared LORRAINE R. INOUYE, to me personally
known, who, being by me duly sworn, did say that she is the
Mayor of the COUNTY OF HAWAII, a municipal corporation of the
State of Hawaii; that the seal affixed to the foregoing
instrument is the corporate seal of the said County of Hawaii;
that the foregoing instrument was signed and sealed in behalf
of the County of Hawaii by authority given to said Mayor of the
County of Hawaii by Section 5-1.3(g) of the County Charter,
County of Hawaii (1991), as amended; and said LORRAINE R. INOUYE
acknowledged said instrument to be the free act and deed of
said County of Hawaii.
g~,~,._..-, v~ ____
Notary Pu lic, State of Hawaii
My commission expires: tt'' I~3 __
5~~ . JOSEPH'S CHURCH
43 KAPIOLANI ST.
HILO, HAWAII 96720
April 11, 1992
To: Councilwoman Merle Lai
From: Father Alfred Rebuldela
Re: Traffic Rattern Change on Good Friday Weekend
We have received the Waiver And Assumption Of Liability Agreement from Fred
Giannini at Corporation Counsel and faxed it to the Diocese offices for approval
and signature. We have sent copies of all papers and information to William
Sandkuhler at Ridc Consultants, our insurance carrier. Our insurance covers this
situation without any additional insurance riders. Mr. Sandkuhler is obtaining a
copy of proof of insurance from the Omaha office. We have notified tfie County
Fire Department, Roiice Department and Hilo Hospital. We have published notice
in the Tribune•Herald. We will have responsible people to set up the necessary
signs at the intersections of the streets invohred in the pattern change.
We have moved the paperwork to the necessary persons as soon as it was
available to us. All people invohred know tfie deadline and have assured us that h
will be completed on time. We have set up a file with procedures for the future.
We have done the necessary steps.
Thank you for your assistance and concern in this matter.
fred F. Rebuldela
St. Joseph Church
COMM. NO..__...._3586
To: Council
Sl~. JOSEPH'S CHURCH
43 KAPIOLANI ST.
HILO, HAWAII 96720
Date: April 13, 1992
To: Merle Lai
From: Richard Fisher ~~
Re: Traffic Pattern Change -Special Duty Officers
We contacted Lt. Correia of the Hilo Police dept. and he informed us
that we did not need special duty police officers 'tf we had the correct
signs placed at the intersections.
We contacted Elena who is in charge of special duty officers and she
confirmed that we didn't need special duty officersrf we had signs at
the intersections.
CO/v1M. NO.....-.-. ~JrS /
To: Council
APR 16 '9~ C9:~B FRANK B. HALL HI
FACSIMILE TRANSMITTAL
Date: Avril 16.1992
To:
fiY'111: St. Joseph Church
FAX: i-969-9019
P. 1i 3
Risk Consultants .
133 Bishop St., Suite 1717
P. 0. Box 22I6
Honolulu, Hawaii 96804
FAX (808) 637-6866
From: William Sandkuhler
Subject: Certificate of Insurance for Traffic Pattern change. -
Dear Richard: The following fax was received this morning. Please keep a
copy for your records and dellner a copy to the County of
Hawaii. I hope that this assists you and the Church has a
nice procession.
Best Regards,
Bill Sandkuhler
Page 1 of 3 _ Telephone (808) 538-7475
ENDORSEMENT
(70 BB AITAOHHD TO CaRI'IFICA'nry
Effeotlve Date of Endorsement April 16 199
~ 2 Ch8 a ~, ~'. _ _....
Certtibate Holder Alocase of xonolu7,,, ~ -"'°- ~-• C ~edlt„_,.~ _
Looatbn
H2
CertNtoats No. 9094 ~~-~"_.~"'. "' "°- -- ----- -.~..._.
---~--..~.,_,oi The Catholio Mutual liel;e Soc ety h ame ndea ss f~' IIG4r;:;
ADDITi(7NAL PROTECTED p'3ASON($;
Protected er80t1(i) the persontor o panlzeponta own bebwnbut o~tly twf Ih r®t p~}ct o I ®~: Hity u Ir ~I(n•; ~~ae : ~
theownership, maintenance cruse of that part of the d®a:IgnateU premhrea a s®d l,y tht Pro! 8ots~~t Per ^un{::.~;
and then only while the protected Aeraon(e) Is using the described prep' lass
Adtlttbnal Protected Person(a): Gp~tip of Hewaii
Hilo Lagoon Gntra
101 Aupur3i Strget~ 9uit;e 3.1?5
Hito~ &1 9672p
DeeignatedPromlaefendUee: gr, Joaeph~a C~uL'Ch, yi,la, HI ~s
having a traffic pattytrn c tagr~.g fc r
Good Friday on April 17-ifs. 19 i2.
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