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HomeMy WebLinkAboutRES 372 Draft 01 1988-1992 ~, COUNTY OF HAVi~~=` ,'.,~~ATE OF HAWAII RESOLUTION No. 37Z 91 WHEREAS, pursuant Hawaii County code, as governmental agencies, housing developers, th Director to dispose of or permit; and to Chapter 2, Article 19, Section 2-120, amended, Disposition to government, non-profit organizations, and affordable County Council may direct the Finance real property in fee, by lease, license, WHEREAS, Section 46-66, Hawaii Revised Statutes (HRS), authorizes each county, subject to the approval of its council, to grant, sell or otherwise dispose of any easement for any public utility purpose by negotiation without public auction; and WHEREAS, Chapter 2, Article 19, Section 2-111(a)(2), Hawaii County code, as amended, provides that the Council may by resolution approve by a majority of its members, direct the Finance Director or Chief Engineer to grant an easement for particular purposes, subject, however, to reverter to the County upon termination or abandonment of the specific purpose for which it was granted, provided that any easement may be granted by direct negotiation and without recourse to public auction when the sale price of such easement is less than $1,000.00; and WHEREAS, the County has acquired the land through a Revocable License upon which the Kawaihae Homeless Shelter Project is located; and WHEREAS, the County Council by Resolution No. 126, enacted in 1981, specifically stated that the production of a sufficient number of housing units which are affordable by low- and moderate-income households shall have the highest priority among all development types; and WHEREAS, Mauna Kea Land Corp. and the Queen Emma Foundation has agreed to provide the project site (TMK: 6-2-01: Por: 60) to the County for the purpose of developing a temporary homeless shelter project; and WHEREAS, Catholic Charities is a certified non-profit organization; and WHEREAS, the Office of Housing and Community Development now desires to negotiate lease terms with the Catholic Charities; and WHEREAS, in order to assure success of the Project, the Council finds that it is in the public interest to negotiate lease terms with the Catholic Charities rather than to offer the lease at public auction; and WHEREAS, the County desires to give the necessary consent to grant an easement to any public utility company which, in the future, desires to provide service to the Kawaihae Homeless Shelter Project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that the Finance Director and Housing Administrator are hereby directed to negotiate lease terms with the Catholic Charities to further the development of the Project; and BE IT FURTHER RESOLVED, that in accordance with the provision of Section 46-66, Hawaii Revised Statutes, and Chapter 2, Article 19, Section 2-111(a)(2), Hawaii County Code, as amended, the Finance Director is authorized to grant easements on County property to public utility companies for the purpose of providing service to the Kawaihae Homeless Shelter project, subject however, to reverter to the County upon termination or abandonment of the specific purpose for which this easement is granted. BE IT FURTHER RESOLVED, that a copy of this resolution be transmitted to the Department of Finance; and the Office of Housing and Community Development. Dated at Hilo, Hawaii this 18th 1991. day of September INTRODUCED BY: COUNTY COUNCIL County of Hawaii Hilo, Hawaii 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 September 18, 1991 , ATTEST: ~~~7~""_ OUNTY CLERK CHAIRMAN & PRESIDING OFFICER ROLL CALL VOTE AYES NOES ABS EX ARAKAKI X DE LIMA DOMINGO HALE X KOKUBUN X LAI X MAKUAKANE X RUDDLE X SCHUTTE X Reference RESOLUTION NO. _ 372 91