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Home My WebLink AboutRES 216 Draft 01 2008-2010 COUNTY OF HAWAI'I STATE OF HAWAI'I RESOLUTION NO. 2jl6 09 RESOLUTION AUTHORIZING THE SALE OF CERTAIN FORMER HAMAKUA SUGAR COMPANY, INC. LANDS NOW UNDER COUNTY OWNERSHIP BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: WHEREAS, in 1994, the Council of the County of Hawai'i agreed to accept approximately 4,400 acres of land by Commissioner's Quitclaim Deed as a settlement for retroactive real property taxes among Western Farm Credit Bank, the County of Hawai'i and Hamakua Sugar Company, Inc.; and WHEREAS, the Council of the County of Hawai'i, pursuant to Resolution No. 196- 97, adopted on January 16, 1998, requested that the Mayor develop a disposition plan for the former Hamakua Sugar Company, Inc. lands now under County ownership; and WHEREAS, on May 1,1998, the Council approved Resolution No. 267-98, which requested the approval of a disposition plan that proposed land exchanges with private landowners on a value-for-value basis in order to expand or improve the Ho'olulu Park Complex, Kahalu'u Beach Park parking, Honoli'i Beach Park, and the Ahalanui Park, and to construct the proposed Kalopa Sand Gulch Bypass Road, a new Kaiwiki water tank and the Kaiwiki Road realignment project and other lands as they may become available or may be necessary; and WHEREAS, the Council approved Resolution No. 309-98 on August 17, 1998, which requested the authorization to lease the former Hamakua Sugar Company, Inc. lands now under County ownership for diversified agriculture, eco-tourism and pastoral uses by negotiations; and WHEREAS, written and oral public testimony received by the Council supported an array of disposition methods, including sale of the County parcels, lease of County lands for a variety of purposes, exchange of County parcels for purposes proposed in Resolution No. 267-98, and sublease to the State of Hawaii for agricultural purposes; and WHEREAS, the Council of the County of Hawaii, by Resolution No. 333-98 (Draft 2), as amended, which was adopted on October 7,1998, requested that the Mayor reformulate a partial or total disposition plan in accordance with the provisions of Chapter 2, Article 19, Hawaii County Code, for the former Hamakua Sugar Company, Inc. lands now under County ownership. Said plan to include but is not limited to the following: 1. To lease or sublease a portion of the important agricultural lands for diversified agriculture, eco-tourism, and pastoral uses. 2. To exchange a portion of these lands on a value-for-value basis for purposes of expanding existing County-priority parks, roads, water projects or other infrastructural systems or facilities. 3. To sell a portion of these lands. WHEREAS, the County Council adopted Resolution No. 113-99 on September 9, 1999, which authorized the Finance Director todispose/exchange former Hamakua Sugar Company, Inc. properties with properties listed in that resolution; however, no disposition and/or transfer was ever completed; and WHEREAS, the County Council adopted Resolution No. 161-02 on January 24, 2002, which directed the Finance Director or authorized representative to proceed with the sale by auction or negotiations for land exchange on avalue-for-value basis, of so much as may be necessary of the former Hamakua Sugar Company, Inc. lands now under County ownership; and WHEREAS, the County Council adopted Resolution No. 209-02 on June 19, 2002, which further approved of and directed the Finance Director or authorized representative to proceed with the sale of the subject properties through sale by negotiation, as long as the public interest demands it, pursuant to Section 2-114(a), Hawaii County Code, in addition to other previously authorized methods of disposition; and WHEREAS, the County Council adopted Resolution No. 60-07 on March 9, 2007, which requested postponement of the pending sale by auction of TMK's: 4-3-07:01, 4-3- 09:19, 4-3-09:24, 4-3-11:01 and 4-3-11:02, Pa'auilo, Hamakua, Hawaii until formulation of a land disposition plan to meet affordable housing needs; and WHEREAS, the County Council adopted Resolution No. 202-07 on May 16, 2007, in which the Council requested that the Mayor abandon the public auction of the Hamakua lands in Pa'auilo identified as of TMK's: 4-3-07:01, 4-3-09:19, 4-3-09:24, 4-3- 11:01 and 4-3-11:02; and WHEREAS, the County Council adopted Bill No. 36, Draft 4 creating the County operating budget for Fiscal Year 2009-10, which was further signed into law by the Mayor on June 10, 2009 and identified as Ordinance 09-64, and which contained an item for revenue from Sale of Real Property in the amount of $8,210,000; and WHEREAS, Chapter 2, Article 19, Sections 2-112 and 2-113 of the Hawaii County Code provide that the Council may, by resolution approved by a majority of its members, direct the Director of Finance todispose of real property in fee simple by public auction or sealed bids, respectively; and WHEREAS, it is the desire of the County Council to sell so much of these properties as is necessary to insure the revenue needs of the County are met and to return the former Hamakua Sugar Company, Inc. lands to the tax rolls and to a more productive use; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, through its authority under Sections 2-112, 2-113, of the Hawaii County Code, that it approves of and directs the Finance Director or authorized representative to proceed with the sale by auction or sale by sealed bid, of so much as may be necessary of the former Hamakua Sugar Company, Inc. lands now under County ownership which are delineated on the list labeled Exhibit "A". BE IT FURTHER RESOLVED that copies of this resolution be transmitted to the Honorable William P. Kenoi, Mayor of the County of Hawaii, and the Director of Finance. Hila , Hawai"i, this 18th day of Dated at r-bvember ,2009. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI"I COUNTY COUNCIL County of Hawai 'i Hilo, Hawai'i I hereby certIfy that the foregomg RESOLUTION was by the vote mdlcated to the fight here(lra~opted_bYJhe COUNCIL of the County of Haw aI' 1 on __~<:>yember 18,}009 ATTEST: .K.~ ~. ~UNTY CLERK CHAIRPERSON & PRESIDING OFFICER ROLL CALL VOTE AYES NOES ASS EX ENRIQUES --X FORD X GREENWELL X HOFFMANN X IKEDA X NAEOLE X ONISHI X YAGONG X YOSHIMOTO X 6 3 0 0 Reference' C-452/FC-105 RESOLUTION NO. 2j.6 () 9 EXHIBIT "A" Tax Map Key: Description: Acreage: 4-3-007:001 Pa'auilo Homesteads 2nd Series, Hamakua, Hawaii 92.047 4-3-009:024 Pa'auilo Homesteads, 1st Series, Hamakua, Hawaii 105.153 4-3-009:053 Pa'auilo Homesteads, 1st Series, Hamakua, Hawaii 23.337 4-3-009:054 Pa'auilo Homesteads, 1st Series, Hamakua, Hawaii 20.191 4-3-009:055 Pa'auilo Homesteads, 1st Series, Hamakua, Hawaii 16.224 4-3-009:056 Pa'auilo Homesteads, 1st Series, Hamakua, Hawaii 16.307 4-3-009:057 Pa'auilo Homesteads, 1st Series, Hamakua, Hawaii 15.334 4-3-009:058 Pa'auilo Homesteads, 1st Series, Hamakua, Hawaii 18.551 4-3-009:059 Pa'auilo Homesteads, 1st Series, Hamakua, Hawaii 20.231 4-3-009:060 Pa'auilo Homesteads, 1st Series, Hamakua, Hawaii 19.353 4-3-011:001 Pohakea and Por. 2nd Series Pa'auilo Homesteads, Hamakua, Hawaii 56.730 4-3-011:002 Pohakea and Por. 2nd Series Pa'auilo Homesteads, Hamakua, Hawaii 109.720 4-3-011:061 Pohakea and Por. 2nd Series Pa'auilo Homesteads, Hamakua, Hawaii 103.977 4-3-011:062 Pohakea and Por. 2nd Series Pa'auilo Homesteads, Hamakua, Hawaii 74.347 4-3-011:063 Pohakea and Por. 2nd Series Pa'auilo Homesteads, Hamakua, Hawaii 12.800 4-3-011:064 Pohakea and Por. 2nd Series Pa'auilo Homesteads, Hamakua, Hawaii 33.000 TOTAL 737.302 acres