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COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 601 18
(DRAFT 2)
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A REVOCABLE
NON-EXCLUSIVE RIGHT OF ENTRY AGREEMENT WITH THE STATE OF HAWAII,
COMPTROLLER,DEPARTMENT OF ACCOUNTING AM) GENERAL SERVICES,
FOR THE MAINTENANCE OF THE KING KAMEHAMEHA THE GREAT STATUE
LOCATED IN KAPA'AU,NORTH KOHALA,ISLAND OF HAWAII.
WHEREAS, Hawai`i Revised Statutes Section 46-7 requires that County departments
obtain the consent of the Council to enter into agreements with the federal or state governments
respecting action to be taken pursuant to any of the powers granted by law to furnish, expend,
and receive any funds or other assistance in connection with projects being or to be undertaken
pursuant to those powers; and
WHEREAS, in 1878, the Legislature of the Kingdom of Hawai`i commissioned a
sculpture of King Kamehameha the Great in the form of a statue ("the statue") which is located
in Kapa'au,North Kohala, on the Island of Hawai`i,the birthplace of King Kamehameha; and
WHEREAS, the property upon which the statue is located was once owned by the State
of Hawai`i ("State"), but is currently owned by the County of Hawai`i ("County"); and
WHEREAS, it is unclear whether the ownership of the statue transferred to the County
and, as a result, the responsibility for maintenance of the statue is in dispute; and
WHEREAS, the statue has been maintained in the past by community efforts and not by
County or the State; and
WHEREAS, such maintenance, which included repainting the statue every seven to ten
years, is becoming more costly, making it increasingly difficult for the community to continue
maintaining the statue; and
WHEREAS, the State is willing to assume the maintenance responsibilities of the statue,
provided that County is willing to grant the State access for such maintenance activities; now
therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that in
accordance with Hawai`i Revised Statutes Section 46-7, the Mayor of the County of Hawai`i is
authorized to execute, on behalf of the County, an intergovernmental agreement with the State,
by its Comptroller, Department of Accounting and General Services, to grant a revocable non-
exclusive right of entry agreement for the purpose of maintaining the statue.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to Parks and Recreation Director Roxcie Waltjen,Mayor Hairy Kim, and the
Comptroller,Department of Accounting and General Services.
Dated at Hilo , Hawai`i,this 21st day of May , 2018.
INTRODUCED C •
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COUNCIL ME t EIS, COUNTY OF HAWAI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo, Hawai`i CHUNG x
DAVID X
I hereby certify that the foregoing RESOLUTION was by EOFF X
the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA
County of Hawaii on May 21, 2018 X
LEE LOY X
O'HARA X
ATTEST: POINDEXTER X
RICHARDS X
RUGGLES
X
•, ' \ 8 0 1 0
I - � Reference: C-908.2/FC-116
COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 601 18
(DRAFT 2)
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