HomeMy WebLinkAboutREP PWC 113 06/12/1979 1976-1980 b ,fid i V
411
REPORT OF THE
COMMITTEE ON PUBLIC WORKS
June 12, 1979
•
Chairman and Members •
Hawaii County Council
Hilo, Hawaii
Your Committee on Public Works to which was referred:
l omm. 964. 1: CALABASH PLANTERS FOR DOWNTOWN
Bill 481) From Corporation Counsel Stephen G. Bess dated
May 3, 1979 clarifying any misunderstandings which
have arisen regarding their position with respect
to the acceptance of the calabash planters and the
County' s liability for claims and damages based
upon the placement of the planters on public
sidewalks.
Informs with the acceptance, the County of Hawaii ,
as the owners of the planters will be responsible
for any damages and injuries due to the failure of
the County to exercise a reasonable standard of
care as the owners of the planters; however there
are two areas that must be considered which may
limit the extent of the County' s liability and/or
provide for the liability of others ; (1) Section 9 ,
Article 2 , Chapter 3 of the Hawaii County Code
imposes certain duties upon persons whose property
abuts sidewalks; in light of the language contained
in Section 9 . 05 and in response to the donors '
concerns regarding liability, recommends that the
Code by amended and submits a proposed ordinance
for .consideration." (2) In order to minimize
exposure to liability upon the abutting landowners
agreeing to maintain the donated planters after they
have been accepted by the County, recommends that
landowners pay a maintenance fee and that the County
expend such funds for the proper maintenance of
the planters. It is their understanding that this
avenue will be followed by the landowners and has
been agreed to by the Chief Engineer;
411
- 2
(Comm. 964. 1 - continued)
recommends the communciation be placed on file; and approve and
adopt on first reading, Bill 481 amending Section 9. 05 , Article 2 ,
Chapter 3 , Hawaii County Code, relating to the care of sidewalks.
•
HAWAII COUNTY COUNCIL - HILO, HAWAII
I DO HEREBY CERTIFY that the foregoing Committee Report was COMMITTEE TTEE ON
adopted by the Council of the County of Hawaii on JUN 2 0 1979 •
PUBLIC "WORKS
ATTEST:
R. B. Legaspi
/rep en K Yamashiro REPORT NO. 113
COUNTY CLERK COUNCIL IRMAN
REPORT OF THE
COMMITTEE ON PUBLIC WORKS
June 12, 1979
Chairman and Members
Hawaii County Council
Hilo, Hawaii
Your Committee on Public Works submits for approval
Committee Reports dated June 12 , 1979 and numbered 113 , 114, 115 ,
116, 117, 118 , 119 and 120.
TOMIO FUJII, CHAI 1f44'
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MERL K. LAI, VI& CHAIRMAN JA S L. K. DAHLBERG, MEMBER
' '0, Iiie"to
TAKASHI DOMI 0, MEtr:ER MUNEO SAMESHIMA, MEMBER
eport_,N®....1I3 /(o
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