HomeMy WebLinkAboutRES 266 Draft 01 1994-1996COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION N0. 266 96
RESOLUTION AUTHORIZING THE CONDEMNATION AND ACQUISITION OF
THE FORMER J. C. PENNEY LAND AND IMPROVEMENTS LOCATED AT
THE KAIKO'O MALL SITE, DISTRICT OF SOUTH HILO, COUNTY AND
STATE OF HAWAII.
WHEREAS, the relocation of J. C. Penney to the Prince
Kuhio Plaza makes available the former Penney site, Tax
Map Key No. (3) 2-2-015-033, at the Kaiko'o Mall; and
WHEREAS, the availability of the Kaiko'o Mall property
provides the County of Hawaii with an opportunity to
acquire a facility which is large enough to accommodate
the relocation of departments and agencies into a one-stop
government center; and
WHEREAS, Resolution 95-0074, adopted on April 6, 1995,
directed the administration to investigate the purchase of
the J. C. Penney parcel, identified by TMK (3)2-2-015-033;
and
WHEREAS, the County of Hawaii finds it necessary to
exercise its right of eminent domain in acquiring that
certain parcel identified as Taa Map Key No. (3)
2-2-015-033, along with its improvements which constitute
the former J. C. Penney store located at the Kaiko'o Mall;
and
WHEREAS, Section 101-13 of the Hawaii- Revised Statutes
requires that a condemnation action by the County of
fiawaii must be authorized by resolution of the County of
Hawaii.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
COUNTY OF HAWAII that it finds it is necessary, for the
public use and purpose, to wit: the acquisition of the
former J. C. Penney property situated at Kaiko'o Mall,
District of South Hilo, County and State of Hawaii, to
take, acquire and condemn that certain parcel of land and
improvements identified as Taa Map Key No. (3) 2-2-015-033.
BE IT FURTHER RESOLVED that the Corporation Counsel of
the County of Hawaii be and is hereby authorized and
empowered to initiate proceedings in eminent domain, as
provided by law, for the taking, acquisition and
condemnation of the aforesaid parcel of land and any
improvements upon said land..
BE IT FURTHER RESOLVED that in the process of said
proceedings in eminent domain, the Corporation Counsel be
and is hereby authorized and empowered to negotiate terms
of settlement, subject to the approval of the Council and
the Court before which such proceedings are prosecuted.
BE IT FURTHER RESOLVED that the Clerk of the County of
Hawaii is directed to transmit copies of this resolution
to the Bureau of Conveyances of the State of Hawaii, the
Honorable Stephen K. Yamashiro, Mayor of the County of
Hawaii, the Chief Engineer of the Department of Public
Works, the Corporation Counsel and the Director of Finance.
Dated at Hilo, Hawaii, this 17th day of Aoril 1996.
Intr duced y
UNCZL MHER, COUNTY OF HAWAII
COUNTY COUNCIL
County of Hawaii
Hilo. Hawaii
I hereby certify that the foregoing RESOLUTION wes by the
vote indicated to the right hereof adopted by the COUNCIL of
the County of Hawaii on ~1pri 1 17 . 1996
~~
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER
I I A~ I xoss I Ass I >~ I
Reference r_o~Er-2"lt
RESOLUTION NO. 266 9F