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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. 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