Honolulu City Council Policy Resolutions(Link to original Word Processing Version)
93-287
CD-1, FD-1
ESTABLISHING A NEW POLICY FOR DISPUTED PUBLIC HIGHWAYS IN THE
CITY AND COUNTY OF HONOLULU
WHEREAS the State of Hawaii has enacted Act 288, Session
Laws of Hawaii, Regular Session of 1993, the intent of which is
to resolve the jurisdictional dispute between the State and the
counties over ownership of certain disputed public highways; and
WHEREAS said Act 288 provides that, for counties having
population in excess of 500,000 persons, the provision of Section
264-3, Hawaii Revised Statutes, which requires that a county
remit to the State the proceeds from the sale of any county
public highway that was formerly a state public highway, is
abrogated; and
WHEREAS in consideration of the State waiving its right to
have the proceeds from the sale of county public highways
remitted to the State, the City and County of Honolulu is willing
to acknowledge ownership and jurisdiction of all disputed public
highways within its county limits; and
WHEREAS the City and County of Honolulu feels that by
accepting the ownership and jurisdiction of all disputed public
highways within its county limits, the City will finally put to
rest the long-standing dispute with the State over such public
highways and may now begin its earnest efforts to improve these
highways, subject to availability of funds, for the benefit of
the residents of the City and County of Honolulu; and
WHEREAS in order to facilitate improvements and maintenance
of these highways, the City Administration is directed to accept
funding from the State; now, therefore,
BE IT RESOLVED that the City and County of Honolulu
implement the intent of Act 288 and accept all county highways as
defined in Section 264-1, Hawaii Revised Statutes, as public
highways under its ownership and jurisdiction.
BE IT FURTHER RESOLVED that, when transferring title for the
purpose disposal of such county highways, the City and County of
Honolulu shall be responsible for the preparation of the
conveyancing documents which shall include, but not be limited
to, a metes and bounds survey of the abandoned public highways,
if necessary. BE IT FURTHER RESOLVED that former policies of the City and County of Honolulu with respect to disputed public highways as set forth in Resolution Nos. 90-32, 88-426 and 88-425, CD-1, are hereby repealed.
BE IT FINALLY RESOLVED that upon its adoption, the City
Clerk shall transmit a copy of this resolution to the Mayor and
the Governor and to all appropriate agencies.
INTRODUCED BY:
Gary Gill (BR)
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DATE OF INTRODUCTION:
September 1, 1993 ADOPTED this 29 day of September , 1993.
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