HomeMy WebLinkAboutRES 021 Draft 01 2012-2014OFFICE INFORMATION ONLY
Meeting: Council — February 6, 2013
Action: Withdrawn on the floor by introducer (Poindexter).
20 l2 - 2014
Re: Res, 21-13; Comm. 28; (2808-2@ioterm); Waived PWIRC
COUNTY OF HAWAII
RESOLUTION NO.
STATE OF HAWAII
21 13
RESOLUTION AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY
EMINENT DOMAIN, TAX MAP KEY: (3) 2-2-014-010:0057 (POR.), SUITE 229B, SITUATED
AT HILO LAGOON CENTRE, FOR THE DEPARTMENT OF LIQUOR CONTROL
RESTORATION PROJECT.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII:
WHEREAS, the Department of Liquor Control, County of Hawaii ("Department"), as part of
its restoration project, will be making improvements to its office at the Hilo Lagoon Centre and said
improvements will require the acquisition of additional space abutting it to enlarge and relocate the
Liquor Commission Conference Room to meet Americans with Disabilities Act (ADA) requirements
that are required with any improvements to the facility and to better accommodate the meetings of the
Liquor Commission, the Liquor Control Adjudication Board, the officers and employees of the
Department; and
WHEREAS, this conference room is used not only by the Department of Liquor Control and
its respective board and commission, but by many of the other boards and commissions of the various
County Departments for their respective meetings; and
WHEREAS, the improvements will require the acquisition by the Department of currently
vacant property owned by Alvin M. Inoue, Sharon K. Scheele and Della E. Yamashiro, flea Della E.
Allison, identified as being a portion of Suite 229 located on the second floor (or lobby level) of the
Hilo Lagoon Centre, a portion of Tax Map Key: (3) 2-2-014-010:0057, adjacent to the current
Department of Liquor Control Conference Room, containing an area of 909 square feet, and more
specifically delineated on Exhibit "A," attached hereto, referred to as Suite 22913; and
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WHEREAS, it is necessary for the public use and purpose, to wit: to meet current Americans
with Disabilities Act requirements and to increase the conference room area to take, acquire and
condemn Suite 22913, as described above, in order to complete the Department's proposed
improvements; and
WHEREAS, Section 101-13 of the Hawaii Revised Statutes requires that a condemnation
action by the County must be authorized by a resolution of the County Council.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it is
necessary for the public use and purpose, to wit: the improvements of the office of the Department of
Liquor Control at the Hilo Lagoon Centre, to take, acquire and condemn that certain private property
identified as Tax Map Key: (3) 2-2-014:010:0057 (por.), containing an area of 909 square feet, and
delineated on Exhibit "A" attached hereto, referred to as Suite 22913, for the purposes of meeting
Americans with Disabilities Act (ADA) requirements and increase of the conference room area.
BE IT FURTHER RESOLVED that the Corporation Counsel of the County of Hawaii be
and is hereby authorized and empowered to initiate proceedings in eminent domain, as provided by
law, for the taking, acquisition and condemnation of the aforesaid private property.
BE IT FURTHER RESOLVED that in the process of said proceedings in eminent domain,
the Corporation Counsel be and is hereby authorized and empowered to negotiate terms of settlement
in accordance with the approval of the court before which such proceedings are prosecuted, or take any
further actions necessary to secure access to the aforesaid private property, and is further requested to
transmit written notification to the Council when the County has acquired Suite 22913.
BE IT FINALLY RESOLVED that the Clerk of the County of Hawaii is directed to transmit
copies of this resolution to (1) the Honorable William P. Kenoi, Mayor of the County of Hawaii;
(2) the Department of Liquor Control; (3) Senior Deputy Corporation Counsel Joseph K. Kamelamela;
(4) the Finance Director; and (5) Alvin M. Inoue, Sharon K. Scheele and Della E. Yamashiro, flea
Della E. Allison, c/o Inoue Hawaii Realty Corp 101 Aupuni Street, Suite 1001, Hilo, Hawaii 96720.
Dated at
Hawaii, this day of , 2013.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Publication:
Effective Date:
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
ATTEST:
RnI 1 CA11. VOTE.
AYES NOES ABS EX
EOFF
FORD
(LAGAN
KANUHA
KERN
ONISHI
POINDEXTER
WILLS
YOSHIMOTO
Reference: C-28/FC
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 21 :13
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