HomeMy WebLinkAboutResolution No. 2022-19COUNTY COUNCIL
COUNTY OF KAUA'I
~esolution No. 2022-19
RESOLUTION AMENDING RESOLUTION NO. 32, DRAFT 1 (1985), AS
AMENDED BY RESOLUTION NOS. 27 (1987), 75 (1988), 45 (1989), AND
RESOLUTION NO. 2000-21 RELATING TO TRAFFIC REGULATIONS AT
PRINCEVILLE
SECTION 1. Resolution No. 32, Draft 1 (1985), as amended by
Resolution Nos. 27 (1987), 75 (1988), 45 (1989), and Resolution No. 2000-21 is
hereby amended as follows:
"WHEREAS, Section 46-16 of the Hawai'i Revised Statues (hereinafter
"HRS") empowers the council of any county to impose and enforce traffic
regulations and place appropriate traffic control devices on any private street
which has been continuously used by the general public for a period of not
less than six months; provided, however, that in such cases the county shall
not be responsible for the maintenance and repair of the private street and
that no adverse or prescriptive rights shall accrue to the general public; and
WHEREAS, Ka Haku Road, Lei-O-Papa Road, Albert Road, Emmalani
Drive, Honoiki Road, Kapi'olani Loop, Kaweonui Road, Kekaulike Lane,
Keoniana Road, Liholiho Road, Namakeha Loop, Pepelani Loop, Pokii Lane,
and Punahele Road are private roads located in Princeville, District of
Hanalei, County of Kaua'i, which are owned by the Princeville At Hanalei
Community Association (hereinafter "Association"), and a portion of Ka Haku
Road, from Kiihio Highway to Kekaulike Road being owned by Princeville
Corporation, all of which have been continuously used by the general public
for a period in excess of six months; and
WHEREAS, The Association has requested the Council of the County
of Kaua'i to exercise its powers under HRS Section 46-16 and to establish
speed limits and stop signs on Ka Haku Road, Lei-O-Papa Road, Albert Road,
Emmalani Drive, Honoiki Road, Kapi'olani Loop, Kaweonui Road, Kekaulike
Lane, Keoniana Road, Liholiho Road, Namakeha Loop, Pepelani Loop, Pokii
Lane and Punahele Road and to otherwise enforce all applicable State and
County traffic regulations on said roads; and
WHEREAS, The Association and Princeville Corporation are willing to
pay all of their respective costs for constructing, installing, repairing and
maintaining the necessary traffic control devices; and
WHEREAS, The Association and Princeville Corporation are willing to
indemnify, defend, and hold harmless, the County of Kaua'i, and obtain
liability insurance protecting the County of Kaua'i from any liability
resulting from its actions in this matter; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUA'I,
STATE OF HAWAI'I:
Section 1. A maximum speed limit of 30 miles per hour is hereby
established for the entire length of Ka Haku Road from its intersection with
Kuhio Highway to Princeville Sheraton.
Section 2. A maximum speed limit of 25 miles per hour is hereby
established and made official at the following locations:
1. Albert Road (entire length).
2. Emmalani Drive (entire length).
3. Honoiki Road (entire length).
4. Kapi'olani Loop (entire length).
5. Kaweonui Road (entire length).
6. Kekaulike Lane (entire length).
7. Keoniana Road (entire length).
8. Liholiho Road (entire length).
9. Namakeha Loop (entire length).
10. Pepelani Loop (entire length).
11. Pokii Lane (entire length).
12. Punahele Road (entire length).
Section 3. A maximum speed limit of 30 miles per hour is hereby
established on the entire length of Lei-O-Papa Road.
Section 4. Stop signs are hereby established and made official at the
following locations:
[A. On Emmalani Drive at its intersection with Ka
Haku Road.]
[B.] A. On Wyllie Road at its intersection with Ka Haku
Road.
[C.] B. On Kekaulike Lane at its intersection with Ka
Haku Road.
[D.] C. On Kamehameha Road at its intersection with Ka
Haku Road.
[E.] D. On Pepelani Loop at its intersections with Ka Haku
Road.
[F.] E. On Lei-O-Papa Road at its intersection with Ka
Haku Road.
[G.] F. On Lei-O-Papa Road at its intersection with
Hanalei Plantation Road.
[H.] G. On Punahele Road at its intersections with Ka
Haku Road.
[I.] H. On Liholiho Road at its intersection with Ka Haku
Road.
[J.] L. On Kekaulike Lane at its intersection with
Emmalani Drive.
[K.] J. On Albert Road at its intersection with Pepelani
Loop.
[L.] K. On Albert Road at its intersections with Kaweonui
Road.
[M.] L. On Kaweonui Road at its intersection with
Pepelani Loop.
[N.] M. On Keoniana Road at its intersections with
Kaweonui Road.
[O.] N. On Kapiolani Loop at its intersections with
Punahele Road.
[P.] 0. On Namakeha Loop at its intersections with
Punahele Road.
[Q.] P. On Honoiki Road at its intersection with Liholiho
Road.
[R.] Q.,_ On Pokii Lane at its intersection with Honoiki
Road.
[S.] R. On Pokii Lane at its intersection with Liholiho
Road.
[Section 5. A map showing roads subject to the proposed speed limit
restrictions and locations of the intersections where the stop signs are to be
installed is attached hereto as Exhibit A and incorporated into this
resolution.]
Section 5. A roundabout with yield control on all entries and where
traffic is required to circulate counterclockwise around a central island is
hereby established at the intersection of Ka Haku Road, Emmalani Drive,
and Queen Emma's Drive.
Section 6. A map showing roads subject to the proposed speed limit
restrictions, locations of the intersections where the stop signs are to be
installed, and the proposed roundabout is attached hereto as "Exhibit A" and
incorporated into this resolution.
Section [6.] L. All State and County traffic laws, ordinances,
statues, rules and regulations governing the use by any person of public
streets, roadways or highways shall apply to all persons using Ka Haku
Road, Lei-0-Papa Road, Albert Road, Emmalani Drive, Honoiki Road,
Kapi'olani Loop, Kaweonui Road, Kekaulike Lane, Keoniana Road,
Liholiho Road, Namakeha Loop, Pepelani Loop, Pokii Lane, or Punahele
Road to the same extent as though these roads were public streets, roadways,
or highways.
Section [7.] 8. The Association and Princeville Corporation are
hereby authorized to construct, install, repair and maintain the traffic control
devices authorized by the resolution, subject to the prior review and approval
of the County Engineer. All costs and labor associated with the construction,
installation, repair and maintenance of the aforesaid traffic control devices
shall be the sole responsibility of the Association and Princeville Corporation.
Section [8.] 9. The Association and Princeville Corporation shall
construct, install, repair and maintain the traffic control devise in accordance
with the Standard Details for Public Works Construction dated September
1984, as amended, the Manual on Uniform Traffic Control Devices, 1988, as
amended, and any other applicable governmental standards.
Section [9.] 10. The Kaua'i Police Department shall be empowered
to enforce the provisions of this resolution. Enforcement of the provisions of
this resolution by the Kaua'i Police Department shall be subject to the
availability of patrol resources. This resolution does not commit the County
to increase patrol resources. Any person convicted of violating any provision
of this resolution shall be subject to the penalties prescribed in Title VI,
Chapter 16, Section [16-21.8] 16-21.6, Kaua'i County Code 1987, the penalties
prescribed in HRS Section 291C-161, or such other penalties as may be
appropriate.
Section [10.] 11. At all times during which this resolution is in force,
the Association and Princeville Corporation shall maintain comprehensive
liability insurance with coverage limits for bodily injury and property damage
combined of at least One Million Dollars ($1,000,000), or such higher amount
as the Director of Finance of the County of Kaua'i may determine to be
reasonable and necessary, naming the County of Kaua'i as an additional
insured with respect to any liability arising out of the use by any person of
the roads subject to this resolution. All policies shall provide for prior written
notice to the Director of Finance of the County of Kaua'i of material change in
coverage, cancellation or non-renewal and coverages shall be primary and not
excess or contributory to any similar coverage carried by the Association or
Princeville Corporation. The Association and Princeville Corporation shall
furnish the County with certificates of insurance evidencing the above
insurance coverage on a timely basis.
Section [11.] 12. The County of Kaua'i shall not be responsible for
the maintenance and repair of the roads subject to the resolution. At all
times during which this resolution is in force, the Association and Princeville
Corporation shall maintain the roads subject to this resolution in good repair
and condition.
Section [12.] 13. Upon the recommendation of the County Engineer
and upon the giving of three months notice, or upon the failure of the
Association or Princeville Corporation to comply with the provisions of this
resolution, the County Council may repeal this resolution.
Section [13.] 14. This resolution shall take effect upon its adoption
and the posting of appropriate signs indicating the effective provisions of this
resolution.
BE IT FURTHER RESOLVED, That copies of this resolution and
attachment be distributed to the Princeville At Hanalei Community
Association, Princeville II Community Association, Chief of Police of the
Kaua'i Police Department, and County Engineer."
SECTION 2. Resolution No. 32, Draft 1 (1985), as amended by
Resolution Nos. 27, (1987), 75 (1988), 45 (1989), and Resolution 2000-21 is hereby
amended by deleting "Exhibit A" that was attached to Resolution No. 2000-21 and
incorporating herein by reference the map attached hereto as "Exhibit A."
SECTION 3.
is underlined.
SECTION 4.
Material to be deleted is bracketed. Material to be added
This Resolution shall take effect upon its approval.
Introduced by: ~ C,owdet,
~ICIA COWDEN
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