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HomeMy WebLinkAboutRES 314 Draft 01 1998-2000 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 00 RESOLUTION AUTHORIZING THE INSTALLATION OF CONVEX MIRRORS WITHIN COUNTY RIGHTS-OF-WAY. BE TT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII. WHEREAS, sight distance is a problem that exists where immovable objects impede a motorist's view; and WHEREAS, these problems are sometimes generated at private driveways along entrances to County roadways; and WHEREAS, where all other means have been taken to alleviate the sight distance problem, including, but not limited to, relocation of driveways, cutting vegetation, removing obstructions and excavating slopes, and a sight distance problem still exists, the placement of a convex mirror may help to improve driveway sight distance; and WHEREAS, the Chief Engineer and Chief of Police have worked together to develop a convex mirror permit (Exhibit A) to allow [he placement of convex mirrors within the County's rights-of-way to help alleviate sight distance problems at private driveways; and WHEREAS, section 2-119, Hawaii County Code, allows the Council to direct the Chief Engineer, after consultation with the Chief of Police, to issue licenses or permits through negotiations and without public auction to enter and occupy county highways and rights-of-way owned, maintained or under the jurisdiction of the County under restrictions, conditions and terms which will best serve the interest of the County and the general public; and WHEREAS, the Council finds that this convex mirror program is a practical method to deal with the limited sight distance problems at private driveways, which will increase traffic safety. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Chief Engineer, in consultation with the Chief of Police, is hereby authorized to grant convex mirror installation permits with such restrictions, conditions and terms which will best serve the interests of the County and the general public. BE TI' FURTHER RESOLVED that the Clerk of the County of Hawaii is directed to transmit copies of this resolution to the Chief Engineer and the Chief of Police. DATED: Hilo, Hawaii, INTRODUCED BY: . \ COUNCIL ME E TY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Hllo, Hawaii AYES NOES ABS EX ARAKAKI I hereby certify that the foregoing RESOLUTION was by the CHUNG vote indicated to the right hereof adopted by the COUNCIL of ELARIONOFF the County of Hawaii on JACOBSON LEITHEAD-TODD ATTEST: PIS[CCHIO SMITH TYLER YAGONG Reference C-896/PId&PC COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 314 COUNTY OF HAWAII DEPARTMENT OF PUBLIC WORKS CONVEX MIRROR INSTALLATION PERMIT NO. Street Name(s): Tmk: THIS PERMIT is issued by the CHIEF ENGINEER, as authorized by Hawaii County Council Resolution No. , to , whose address is , hereinafter called the PERMITTEE; WHEREAS, the Permittee has submitted asight-distance study, by a registered professional engineer, that verifies, to the satisfaction of the Chief Engineer, that there are sight-distance limitations at the Permittee's driveway. The sight-distance study is attached to this permit as Exhibit 1; and WHEREAS, the Permittee has demonstrated to the satisfaction of the Chief Engineer that he has considered all usual means of improving sight distance such as relocating his driveway, cutting vegetation, removing obstructions, and excavating slopes, and that a mirror is deemed to be appropriate for his situation; and WHEREAS, the Permittee's engineer has determined the optimum location of the mirror including impacts caused by sunlight and headlight reflections on other drivers, properties and businesses; and WHEREAS, the Permittee has provided a plot plan, drawn to scale, showing location of the Convex Mirror Permit.wpd2/10/00 1 EXHIBIT A mirror, his driveway or road relative to the County road, right-of--way/property lines and all infrastructure in the vicinity, including utilities. The plan is attached to this permit as Exhibit 2; and WHEREAS, the Permittee shall be responsible for installation, proper alignment and maintenance of the minor. NOW, THEREFORE, The Chief Engineer grants to the Permittee the right to place a mirror within the County's right-of--way meeting with all of the conditions stated above and as follows: (1) Before commencing any work to install the mirror, the Permittee, as required by Chapter 22 of the Hawaii County Code, shall obtain from the Department of Public Works a Construction Permit to work within the County's right-of-way, a copy of which shall be attached as Exhibit 3, and shall comply with all of its requirements and conditions. (2) The minor and all of its appurtenances are deemed to be the property ofthe Permittee. (3) This Permit is a license issued to the Permittee only and is not transferrable. (4) The Permittee agrees to hold harmless, indemnify and defend the County of Hawaii, its officers, employees and agents against any and all lawsuits, claims, demands, judgments, liens or costs arising from the placement of the convex mirror within the County's right-of--way. (5) The County of Hawaii shall have no obligation to repair or replace the mirror, even if damaged by County employees. (6) Should the mirror interfere or obstruct any new or existing County improvements, the Permittee shall, at his own cost and expense, temporazily or permanently relocate the mirror to another location that meets with the approval of the Chief Engineer. (7) This permit is automatically cancelled upon termination of use or upon the abandonment of the intended purpose for which this permit is issued. Convex Mirror Pertnitwpd2/]0/00 2 EXHIBIT A (8) This agreement shall continue until terminated in writing by the Chief Engineer. The Chief Engineer may terminate this permit if he finds that the minor is deemed to be a safety hazazd. The Permittee shall immediately remove the minor upon receiving written notification by the Chief Engineer. IN WITNESS WHEREOF, the parties hereto have caused this permit to be duly executed this day of COUNTY OF HAWAII By: Chief Engineer Department of Public Works By: Police Chief Police Department PERMITTEE By: Print Name: Convex Mirror Pertnitwpd2/10/00 3 EXHIBIT A