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HomeMy WebLinkAboutRES 312 Draft 02 1994-1996COUNTY OF HAWAII - `STATE OF HAWAII RESOLUTION N0. X12 96 (DRAFT 2) RESOLUTION AUTHORIZING THE EXTENSION OF THE PUBLIC SEWER SYSTEM TO SERVICE THE WAIAKEA CENTER, INC. DEVELOPMENT PROJECT ON HAWAIIAN HOME LANDS IN PANAEWA AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE DEVELOPER FOR REIMBURSEMENT AS PROVIDED FOR IN CHAPTER 21 OF THE HAWAII COUNTY CODE. WHEREAS, Waiakea Center, Inc.(WCI) is currently constructing a commercial shopping complex on Hawaiian Home Lands located in Panaewa which will, when completed, generate thousands of gallons of wastewater per day; and WHEREAS, WCI must dispose of this wastewater in a safe and effective manner, either by connecting to the public sewer system or by constructing a private wastewater treatment plan on their site; and WHEREAS, WCI has voiced its preference, if cost effective, to hook up to the public sewer system in order to avoid the expense and negative impact of a wastewater treatment plant and to prevent the dumping of wastewater into the ground at their site; and WHEREAS, General Growth Properties, Inc.(GGP), owner of the Prince Kuhio Mall site, in response to the numerous problems it has had with its private wastewater treatment plant, has sought a partnership with WCI in an effort to connect the Prince Kuhio Mall site to the public sewer system as well; and WHEREAS, extension of the public sewer system, to service the needs of WCI and GGP, will benefit the community by ensuring that the wastewater produced by these developments are properly treated by County wastewater facilities and by eliminating the foul smell often produced by these treatment plants; and WHEREAS, WCI may pay for the construction of the sewer extension needed to service their development and "for ten years after completion of the extension receive all moneys for sewer service charges collected by the County from other properties connecting to the extension less the costs to serve these properties", including the GGP site, as provided for by Chapter 21, Article 3, Division 4, Section 21-28 of the Hawaii County Code, 1983 as amended; and WHEREAS, WCI will benefit from connection to the public sewer system by eliminating the cost of constructing and operating a private wastewater treatment plant, avoiding the problems associated with a wastewater treatment plant, sharing the cost of constructing the extension with GGP, receiving for ten years reimbursement of sewer fees paid to the County from other properties count to their extension, and securing the ;that would be used for a wastewater plant for tlt, commercial usage instead. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it approves an extension of the public sewer system, from the County sewer line at the intersection of Leilani Street and Laukapu Street, down Laukapu Street to East Kawili Street, along East Kawili Street to its intersection with Holomua Street, along Holomua Street to East Makaala Street, and along East Makaala Street across Kanoelehua Avenue to the WCI development project on Hawaiian Home Lands in Panaewa. BE IT FURTHER RESOLVED that it authorizes the Mayor of the County of Hawaii to execute an agreement with WCI to provide reimbursement for the cost of constructing the sewer extension as provided for by Chapter 21, Article 3, Division 4, Section 21-28 of the Hawaii County Code, 1983 as amended, provided that the agreement is executed prior to connection to the public sewer system and that the agreement shall prohibit any reimbursement to any entity for sewer fees collected from WCI's development. BE IT FURTHER RESOLVED that the clerk of the County of Hawaii transmit copies of this Resolution to the Honorable Stephen K. Yamashiro, Mayor of the County of Hawaii, Mr. Kali Watson, Chairman of the Department of Hawaiian Home Lands, Mrs. Lorraine Shin, Majority Owner of WCI, Mr. Mazk Richazds, President of Maryl Development and Mrs. Donna Fay IC Kiyosaki, Chief Engineer of the Department of Public Works, County of Hawaii. Dated at Hilo, Hawaii this 17thday of~r; ~ , 1996. INTRODUCED B C C MEMBER, COUNTY OF HAWAII 2 COU Cot I hereby certify that the fo vote indicated to the right the County of Hawaii on ATTE~S~T:/~ R OLL CAL L VOTE NTY COUNCIL u1ty of Hawaii AYES NOES ABS EX kilo, Hawaii Arakaki X Bonk-Abramson X regoing RESOLUTION was by the Clvlds }{ hereof ado ted b the COUNCIL of ~ Lima }{ p y A il 17 99 Domingo }{ pr , 1 6 Osorio X _ Rath X •. ~Y ~ ~ Smith X ,~ )LLB ~~~.: ~~ C ~ ~ 7 1 1 0 COUNTY CLERK CHAIRMAN & PRESIDING OFFICER Reference C-1039.16 RESOLUTION NO. a~12i 96 (DRAFT 2 )