HomeMy WebLinkAboutRES 151 Draft 01 1998-2000 COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 151 99
A RESOLUTION REQUESTING THE LEGISLATIVE AUDITOR'S OFFICE TO
PERFORM A SPECIAL STUDY OF THE COUNTY OF THE HAWAI"I'S POLICY
ON LEASE AGREEMENTS WITH NONPROFIT ORGANIZATIONS.
WHEREAS, Chapter 2, Article 19, Section 2-120(a) (2), of the Hawai"i County
Code authorizes the disposition of County properties by lease to nonprofit
organizations at such rentals and on such terms and conditions as deemed
proper; and
WHEREAS, the Hawai"i County Code does not address issues of
indemnification, maintenance, liability or other conditions ordinarily stipulated in
lease agreements; and
WHEREAS, the Council's recent consideration of Resolution No. 140-99 (lease
with East Hawai"i Cultural Council) evoked lengthy discussion about the terms
and conditions of County leases; and
WHEREAS, the Council concludes that a clearer understanding and an accurate
assessment of the County's existing policy, if any, on lease agreements with
nonprofit organizations is necessary.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY
OF HAWAI"I that it requests the Legislative Auditor's Office to conduct a Special
Study of the County Of Hawai"i's lease agreements with nonprofit organizations.
BE IT FURTHER RESOLVED that the scope and objectives of this special study
shall include the following:
1. Identify and compare the terms and conditions of executed lease
agreements between the County of Hawai"i and nonprofit organizations,
including
Location and Property Square Footage
Findings Of Public Purpose
Repair & Maintenance
• Indemnification
• General & Comprehensive Liability
Lease Fee
Termination Practices
2. Examine compliance of the terms and conditions defined in lease
agreements between the County of Hawai"i and nonprofit organizations.
3. Identify lease and rental agreements that the County of Hawai"i has
executed with private entities to house County programs.
4. Examine lease agreement policies of the other three counties within the
State of Hawaii.
BE IT FURTHER RESOLVED that it requests the Office of the Legislative Auditor
to investigate the above-stated scope and objectives and submit a detailed report
to the Council for review by February 15, 2000.
BE IT FURTHER RESOLVED that the Council requests the full cooperation from
the Mayor and affected departments in providing any requested documents and
responses for this special study.
BE tT FINALLY RESOLVED that the Clerk of the County of Hawaii transmit
copies of this resolution to the Legislative Auditor Constance R. Kiriu and the
Honorable Mayor Stephen K. Yamashiro.
Dated at Hilo, Hawaii, this day of , 1999.
INTRODUCED BY:
~.6~~
Council Member, County of Hawaii
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii Aves Noes ABS Ex
Hilo, Hawaii ARAx,axl
c1luNC
I hereby certify that the foregoing RESOLUTION was by ELARIONOFF I
The vote indicated to the right hereof adopted by the COUNCIL of the J.ACOBSON --II
County of Hawaii on
LEITHEAD-TODD
PISICCHLO
ATTEST: .SMITH
TYLER I
YAGONG -F-
Reference: C-468
151 99
COUNTY CLERK CHAIILVIAN & PRESIDING OFFICER RESOLUTION NO.