ATDC; Irwin Park

Authorizes ATDC to redevelop Irwin Memorial Park as public
parking.  (SD1)

THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The legislature finds that the Irwin Memorial
 2 Park is a valuable asset to downtown Honolulu and the State of
 3 Hawaii.  The legislature also finds that Irwin Memorial Park is
 4 currently under utilized as a public park and inefficiently
 5 designed as a parking facility.  The cruise ship industry has
 6 experienced tremendous growth in the number of port calls in
 7 Honolulu at piers 9, 10, and 11 in recent years and that growth
 8 is projected to continue unabated.  Two new daily excursion
 9 cruises will begin to operate at pier 8 this year potentially
10 bringing an additional 1,000 passengers to the Aloha Tower
11 complex every day.  The Aloha Tower Marketplace continues to
12 attract shopping patrons and the public for special events.
13 Currently, there is insufficient public parking to accommodate
14 the burgeoning economic growth at the Aloha Tower Marketplace and
15 piers 8, 9, 10, and 11.  The continued vitality of the many small
16 businesses located at the Aloha Tower Marketplace depends upon
17 the availability of convenient parking.  In addition, future
18 developments of the Aloha Tower complex will be greatly enhanced
19 if more public parking is available at Irwin Memorial Park.

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                                     S.B. NO.           S.D. 1

 1      The legislature further finds that several years after
 2 Helene Irwin Fagan conveyed 24,303 square feet of land to the
 3 Territory of Hawaii in 1930 to create the Irwin Memorial Park,
 4 limited public parking was permitted at the park.  Mrs. Fagan
 5 subsequently agreed and consented in 1939 to allow public
 6 parking, with or without parking fees.  The public has used the
 7 park since that time for parking.
 8      The purpose of this Act is to authorize the Aloha Tower
 9 Development Corporation to work creatively with private entities
10 to redevelop, as well as more efficiently utilize Irwin Memorial
11 Park as a public park and parking facility.  The legislature
12 authorizes the Aloha Tower Development Corporation to acquire the
13 reversionary interest held by the heirs of Helene Irwin Fagan by
14 way of purchase or negotiated settlement for the public purpose
15 of providing a park, parking facilities, and related traffic
16 improvements.
17      In addition, the legislature finds that most redevelopment
18 agencies are permitted to appoint officers, agents, and employees
19 without regard to chapters 76 and 77, Hawaii Revised Statutes.
20 Aloha Tower Development Corporation does not have that
21 flexibility.  To be consistent with other redevelopment
22 authorities, this Act adds language to permit the Aloha Tower
23 Development Corporation to appoint exempt employees.

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                                     S.B. NO.           S.D. 1

 1      SECTION 2.  Section 206J-5, Hawaii Revised Statutes, is
 2 amended by amending subsection (a) to read as follows:
 3      "(a)  The development corporation shall have all the powers
 4 necessary to carry out its purposes, including the following
 5 powers:
 6      (1)  To sue and be sued;
 7      (2)  To have a seal and alter the same at its pleasure;
 8      (3)  To make and execute contracts and all other instruments
 9           necessary or convenient for the exercise of its powers
10           and functions under this chapter;
11      (4)  To make and alter bylaws for its organization and
12           internal management;
13      (5)  To adopt rules under chapter 91 necessary to effectuate
14           this chapter in connection with its projects,
15           operations, properties, and facilities;
16      (6)  Through its chief executive officer, to appoint
17           officers, agents, and employees, prescribe their duties
18           and qualifications, and fix their salaries, consistent
19           with chapters 76 and 77; provided that its chief
20           executive officer may also appoint officers, agents,
21           and employees, prescribe their duties and
22           qualifications, and fix their salaries, without regard
23           to chapters 76 and 77;

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                                     S.B. NO.           S.D. 1

 1      (7)  To prepare or cause to be prepared a development plan
 2           for the Aloha Tower complex, incorporating the needs of
 3           the department of transportation and accommodating the
 4           plans, specifications, designs, or estimates of any
 5           project acceptable to the development corporation;
 6      (8)  To own, lease, hold, clear, improve, and rehabilitate
 7           real, personal, or mixed property and to assign,
 8           exchange, transfer, convey, lease, sublease, or
 9           encumber any project or improvement, including
10           easements, constituting part of a project within the
11           Aloha Tower complex, except that required for necessary
12           maritime purposes, including leases or other agreements
13           for the rehabilitation, repair, maintenance, and
14           operation of the Aloha Tower;
15      (9)  By itself, or in conjunction with qualified persons, to
16           develop, construct, reconstruct, rehabilitate, improve,
17           alter, or repair or provide for the development,
18           construction, reconstruction, rehabilitation,
19           improvement, alteration, or repair of any project,
20           including projects or any portion thereof under the
21           control or jurisdiction of qualified persons; to own,
22           hold, assign, transfer, convey, exchange, lease,
23           sublease, or encumber any project, including projects

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                                     S.B. NO.           S.D. 1

 1           or any portion thereof under the control or
 2           jurisdiction of qualified persons;
 3     (10)  Notwithstanding any other provision of law to the
 4           contrary, to arrange or initiate appropriate action for
 5           the planning, replanning, opening, grading, relocating,
 6           or closing of streets, roads, roadways, alleys,
 7           easements, piers, or other places, the furnishing of
 8           facilities, the acquisition of property or property
 9           rights, or the furnishing of property, development
10           rights, or services in connection with a project;
11     (11)  To grant options or renew any lease entered into by it
12           in connection with any project, on terms and conditions
13           as it deems advisable;
14     (12)  To prepare or cause to be prepared plans,
15           specifications, designs, and estimates of project cost
16           for the development, construction, reconstruction,
17           rehabilitation, improvement, alteration, or repair of
18           any project, and from time to time to modify such
19           plans, specifications, designs, or estimates;
20     (13)  To provide advisory, consultative, training, and
21           educational services, technical assistance, and advice
22           to any person, partnership, or corporation, either
23           public or private, in order to carry out the purposes

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                                     S.B. NO.           S.D. 1

 1           of this chapter, and engage the services of consultants
 2           on a contractual basis for rendering professional and
 3           technical assistance and advice;
 4     (14)  To procure insurance against any loss in connection
 5           with its property and other assets and operations in
 6           such amounts and from such insurers as it deems
 7           desirable;
 8     (15)  To contract for and accept gifts or grants in any form
 9           from any public agency or from any other source;
10     (16)  To pledge or assign all or any part of the moneys,
11           rents, charges, or other revenues and any proceeds
12           derived by the development corporation from proceeds of
13           insurance or condemnation awards, less guarantees to
14           the harbor special fund for the loss of revenues or
15           incurrence of costs and expenses because of any action
16           taken by the development corporation; and
17     (17)  To issue bonds of the development corporation for the
18           purpose of providing funds for any of its corporate
19           purposes."
20      SECTION 3.  Section 206J-6, Hawaii Revised Statutes, is
21 amended to read as follows:
22      "206J-6  Limitations on the powers of the development
23 corporation.(a)  The development corporation shall not sell any

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                                     S.B. NO.           S.D. 1

 1 fast or submerged lands of the Aloha Tower complex as established
 2 by this chapter.
 3      (b)  The development corporation shall preserve the Aloha
 4 Tower as an historical monument and shall not sell, remove,
 5 demolish, deface, or alter the structure in any reasonable degree
 6 to lessen its historical value to the community.  However, and
 7 notwithstanding any other law to the contrary, repairs,
 8 maintenance, relocation of pier platforms, or any essential
 9 reconstruction necessary for the preservation of the Aloha Tower
10 as an historical monument shall be permissible.
11      [(c) Irwin Memorial Park shall be retained as a public park
12 subject to the reservations and conditions set forth in the deed
13 of Helene Irwin Fagan to the Territory of Hawaii.
14      (d)] (c) The development corporation or its lessees shall
15 not exercise any jurisdiction over the provided replacement
16 facilities located within the Aloha Tower complex required for
17 necessary maritime purposes and activities (hereinafter "maritime
18 facilities"). Jurisdiction over any such replacement facilities
19 shall be in the department of transportation.  Facilities
20 functionally related to maritime purposes and the purposes
21 outlined in the development plan for the Aloha Tower complex,
22 such as hotel facilities for maritime passengers and waterfront
23 visitors, concession facilities adjacent to maritime terminal

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                                     S.B. NO.           S.D. 1

 1 facilities, public parking facilities which are situated on
 2 property not currently under the jurisdiction of the department
 3 of transportation, and commercial, retail, residential, and
 4 office facilities may be under the jurisdiction of the
 5 development corporation or its lessees."
 6      SECTION 4.  There is appropriated out of the Aloha Tower
 7 fund the sum of $ 1 for fiscal year 1999-2000, or so much thereof
 8 as may be necessary, for the acquisition of the reversionary
 9 interest described in the deed of Helene Irwin Fagan to the
10 Territory of Hawaii.
11      SECTION 5.  Statutory material to be repealed is bracketed.
12 New statutory material is underscored.
13      SECTION 6.  This Act shall take effect upon its approval.