Aloha Tower Development 

Removes the restriction placed on the corporation's ability to
develop Irwin Park and to appropriate money to acquire the
reversionary interest contained in the deed of Helene Irwin

HOUSE OF REPRESENTATIVES                H.B. NO.           H.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 is
 8 projected to continue unabated. Two new daily excursion cruises
 9 will begin to operate at Pier 8 this year potentially bringing an
10 additional 1,000 passengers to the Aloha Tower complex every day.
11 The Aloha Tower Marketplace continues to attract shopping patrons
12 and the public for special events. Currently, there is
13 insufficient public parking to accommodate the burgeoning
14 economic growth at the Aloha Tower Marketplace and Piers 8, 9, 10
15 and 11. The continued vitality of the many small businesses
16 located at the Aloha Tower Marketplace depends upon the
17 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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                                     H.B. NO.           H.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, negotiated settlement, or eminent domain for the
15 public purpose of providing a park, parking facilities, and
16 related traffic 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. Aloha Tower Development
20 Corporation does not have that flexibility. To be consistent with
21 other redevelopment authorities, new language will be added to

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                                     H.B. NO.           H.D. 1        

 1 permit Aloha Tower Development Corporation to appoint exempt
 2 employees.
 3      SECTION 2.  Section 206J-6, Hawaii Revised Statutes, is
 4 amended to read as follows:
 5      "206J-6  Limitations on the powers of the development
 6 corporation.
 7      (a)  The development corporation shall not sell any fast or
 8 submerged lands of the Aloha Tower complex as established by this
 9 chapter.
10      (b)  The development corporation shall preserve the Aloha
11 Tower as an historical monument and shall not sell, remove,
12 demolish, deface, or alter the structure in any reasonable degree
13 to lessen its historical value to the community.  However, and
14 notwithstanding any other law to the contrary, repairs,
15 maintenance, relocation of pier platforms, or any essential
16 reconstruction necessary for the preservation of the Aloha Tower
17 as an historical monument shall be permissible.
18      (c) [Irwin Memorial Park shall be retained as a public park
19 subject to the reservations and conditions set forth in the deed
20 of Helene Irwin Fagan to the Territory of Hawaii.]  The
21 development corporation shall dedicate any redevelopment of the
22 existing Irwin Memorial park as a memorial to William G. Irwin.

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                                     H.B. NO.           H.D. 1        

 1 The redeveloped Irwin Memorial Park will be converted to at grade
 2 and above grade level public open space.  No foundations for the
 3 park, or parking structure shall exceed 15 feet in height.
 4      (d)  The development corporation or its lessees shall not
 5 exercise any jurisdiction over the provided replacement
 6 facilities located within the Aloha Tower complex required for
 7 necessary maritime purposes and activities (hereinafter "maritime
 8 facilities"). Jurisdiction over any such replacement facilities
 9 shall be in the department of transportation.  Facilities
10 functionally related to maritime purposes and the purposes
11 outlined in the development plan for the Aloha Tower complex,
12 such as hotel facilities for maritime passengers and waterfront
13 visitors, concession facilities adjacent to maritime terminal
14 facilities, public parking facilities which are situated on
15 property not currently under the jurisdiction of the department
16 of transportation, and commercial, retail, residential, and
17 office facilities may be under the jurisdiction of the
18 development corporation or its lessees."
19      SECTION 3.  There is appropriated out of the Aloha Tower
20 Special Fund the sum of $ 1 for fiscal year 1999 to 2000, or so
21 much thereof as may be necessary, for the acquisition of the

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                                     H.B. NO.           H.D. 1        

 1 reversionary interest described in the deed of Helene Irwin Fagan
 2 to the Territory of Hawaii.
 3      SECTION 4. Section 206J-5, Hawaii Revised Statutes, is
 4 amended to read as follows:
 5      "206J-5  Powers; generally. (a) The development corporation
 6 shall have all the powers necessary to carry out its purposes,
 7 including the following powers:
 8      (1)  To sue and be sued;
 9      (2)  To have a seal and alter the same at its pleasure;
10      (3)  To make and execute contracts and all other instruments
11           necessary or convenient for the exercise of its posers
12           and functions under this chapter;
13      (4)  To make and alter bylaws for its organization and
14           internal management;
15      (5)  To adopt rules under chapter 91 necessary to effectuate
16           this chapter in connection with its projects,
17           operations, properties, and facilities;
18      (6)  Through its chief executive officer, to appoint
19           officers, agents and employees, prescribe their duties
20           and qualifications and fix their salaries, consistent
21           with chapters 76 and 77; its chief executive officer
22           may also appoint officers, agents and employees,

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                                     H.B. NO.           H.D. 1        

 1           prescribe their duties and qualifications and fix their
 2           salaries, without regard to chapters 76 and 77;"
 3      SECTION 5.  Statutory material to be repealed is bracketed.
 4 New statutory material is underscored.
 5      SECTION 6.  This Act shall take effect on January 1, 2010.