HomeMy WebLinkAboutREP FC 337 09/19/2000 1998-2000 REPORT OF THE
COMMITTEE ON FINANCE
DATE: September 19, 2000 Re: Comm. No. 739/Res. No. 243-00
PLACE: Council Chambers
TIME: 10:30 A.M.
Council Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Finance, to which was referred Resolution No. 243-00, reports as follows:
Resolution No. 243-00, transmitted by Deputy Corporation Counsel Steven Christensen, via
Communication No. 739, dated Apri15, 2000, relating to the exchange of real property located at
Keauhou, District of North Kona, Hawaii for Real Property located at Honohononui, District of
South Hilo, Hawaii; to the quitclaim conveyance of the Keauhou sewage collection system
located at Keauhou, District of North Kona, Hawaii; to the granting of sewer line easements in
county-owned road rights-of--way located at Keauhou, District of North Kona, Hawaii; and to
the quitclaim conveyance of, and the granting of easement for, the Kahaluu Beach Park sewage
pumping station and appurtenant force main..
The County Council adopted Resolution No. 466-92 on June 17, 1992, which directed the
County Director of Finance to negotiate the exchange of the County's fee simple interest in and
to the Heeia Wastewater Treatment Plant (WIP) for the grant of the sewerline easement through
Bishop Estate real property, and to submit to the Council for its approval and consent the terms,
conditions and documents of conveyance.
However, the County Council adopted Resolution No. 154-93 on February 9, 1994, which
directed the County Director of Finance to terminate negotiations for the exchange of the Heeia
WTP for an easement through the Bishop Estate real property and to hold such negotiations in
abeyance until pending litigation related to the matter was settled.
The action entitled Keauhou Master Homeowners Association, et al. v. County of Hawaii et al,
Civil No. 95-006K, has been settled by the parties and the County of Hawaii has agreed to
complete the above mentioned exchange, without charge to the Trustees of the Estate of Bernie
Pauahi Bishop; convey by quitclaim bill of sale to Keauhou Community Services, Inc. all right,
title and interest that the County of Hawaii may have, if any, in and to the Keauhou sewage
collection system located at Keauhou, North Kona; grant sewer line easements to KCS for the
Keauhou sewage collection system facilities located within County-owned road rights of way at
Keauhou, North Kona; to convey by quitclaim bill of sale to KCS all right, title and interest the
County of Hawaii may have in and to the Kahaluu Beach Park sewage pumping, and grant an
easement to KCS for the area within Kahaluu Beach Park occupied by the Kahaluu Beach Park
sewage pumping station.
FC REPORT NO. 337
Pursuant to Section 46-66, Hawaii Revised Statutes, the County may, subject to the approval of
the County Council, grant easements for public utility purposes by negotiation without public
auction.
Also pursuant to Section 2-114, of the Hawaii County Code, real property may be sold or leased
through negotiation upon a finding by the County Council that the public interest demands it.
Originally heard in Council on April 19, 2000, Resolution No. 243-00 was referred to the
Finance Committee for further discussion. In the intervening time, Deputy Corporation Counsel
Steven Christensen, referred to Your Committee a second draft which included terms and
conditions similar to documents referred to in the original resolution.
Your Committee on Finance is in accord with the purposes and intent of Resolution No. 243-00,
as amended to Draft 2, and recommends its adoption.
smc
Hues Noes n&e ex Respectfully submitted
CHUNG X
ELARIONOEF X COMMITTEE ON FINANCE
JACOBSON X
LEITHEAD-TODD X
PISICCHIO X l J~ 1l
SMITH X
TvLE6 x AARON S.Y. CHUNG, CHAIR
vncorvc X FC REPORT NO. 337
ARAKAKI, E.O.M. ADOPTED: a'j 0 ~ X088