HomeMy WebLinkAboutRES 154 Draft 02 1992-1994COUNTY OF HAWAII- STATE OF HAWAII
RESOLUTION N0. 159 93
(DRAFT 2)
WHEREAS, Resolution 466-92 of the County Council of the County
of Hawaii adopted June 17, 1992, directed the County Director of
Finance to (i) negotiate the exchange of the county fee interest
in the Heeia Wastewater Treatment Plant (WTP) for the grant of a
particular sewerline easement through real property owned by the
Estate of Bernice Pauahi Bishop at Honohononui, South Hilo, and
(ii) to submit to the council, for its approval and consent as to
the negotiated terms, conditions and documents of conveyance; and
WHEREAS, more than eighteen months have elapsed since that
directive was made and no report or submittal of any negotiated
terms, conditions or documents has been provided to the council;
and
WHEREAS, the majority of property owners and residents have
formed a "Master Homeowners Association" to object to the county's
proposed conveyance of this public facility and the manner and
form of privatization of their current public service, and such
association has filed suit against the county to block such course
of action and to seek possession and management of the facility as
a community enterprise; and
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII that negotiations for the exchange of the Heeia Wastewater
Treatment Plant for a Hilo sewerline easement be terminated
immediately by the Director and such proposition be held in
aL•eyance until pending litigation over this matter has been
settled.
BE IT FURTHER RESOLVED that in the event the Trustees of the
Bishop Estate are not agreeable to such abeyance, the Director
instead negotiate the purchase of the necessary Hilo sewerline
easement or otherwise arrange for the purchase of said easement by
condemnation through the county's power of eminent domain, and
propose an appropriate source of funding, including, without
limitation, the sale of the Heeia Wastewater Treatment Plant to a
non-profit organization directed by the residents of Keauhou.
BE IT FURTHER RESOLVED that the Mayor and appropriate
Department Heads negotiate in good faith for a settlement of the
pending litigation brought by the Keauhou Master Homeowners
Association.
BE IT FURTHER RESOLVED that no assignment of any county public
service to private utilities shall be made without prior public
notice and a hearing therefor, and approval by the council.
BE IT FURTHER RESOLVED that the Clerk of the County of Hawaii
transmit copies to Stephen Yamashiro, Mayor, County of Hawaii;
Donna Kiyosaki, Chief Engineer, Department of Public Works; and
William S. Taylor, President, Keauhou Master Homeowners
Association.
Dated at Hilo, Hawaii, this 9th day of February 1994.
INTRO~~ ~~ l
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL
County of Hawaii
Hilo. Hawaii
ROLL CALL VOTE
AYES NOES ABS
EX
I hereby certify that the foregoing RESOLUTION was by the
vote indicated to the right hereof adopted by the COUNCIL of
the County of Hawaii on Febiuar<! 9, 1994 .
ATTEST:
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER
Reference C-769
RESOLUTION NO. Zg4 ai3
(DP,AFP 2 )