Require ATDC to retain and maintain Irwin Memorial Park, subject to reservations and conditions set forth by Helene Irwin Fagan; and to preserve and maintain the existing historic landscape features as a street-level public open space park.

A BILL FOR AN ACT

SECTION 1. The legislature finds that historic Irwin Memorial Park is one of the few remaining public park open spaces in downtown Honolulu, and that the historic features of Irwin Memorial Park remain as a vital landscaped waterfront gateway between historic Aloha Tower and downtown Honolulu.

While the legislature finds that the Aloha Tower Development Corporation has succeeded in transforming the central waterfront area surrounding historic Aloha Tower and in maintaining Irwin Memorial Park, the legislature has frequently expressed concerns regarding the Corporation's repeated attempts to develop Irwin Memorial Park. Such attempts are in direct conflict with the original intent of the donor, Helene Irwin Fagan, and the reservations and conditions set forth in the Deed of Helene Irwin Fagan to the Territory of Hawaii; Governor’s Executive Order 472; section 206J-6, Hawaii Revised Statutes; the Aloha Tower Environmental Impact Statement as adopted by the State of Hawaii; and the designation of Irwin Memorial Park as an historic site listed on the Hawaii state register of historic places.

The purpose of this Act is to require the Aloha Tower Development Corporation to retain and maintain historic Irwin Memorial Park and the memorial to William G. Irwin, subject to the reservations and conditions set forth by Helene Irwin Fagan, to preserve and maintain the existing historic landscape features, including the historic trees, stone curbing, and street-level open space; and to restore this public park as a vital gathering place for the people of Honolulu, residents and visitors alike.

SECTION 2. The Aloha Tower Development Corporation shall preserve, maintain, and restore historic Irwin Memorial Park as a street-level, public open space park for the enjoyment of the people of Honolulu, subject to the reservations and conditions set forth in the deed of Helene Irwin Fagan to the Territory of Hawaii and in conformance with Governor’s Executive Order 472; section 206J-6(c), Hawaii Revised Statutes; the Aloha Tower environmental impact statement as adopted by the State of Hawaii; and the designation of Irwin Memorial Park as a historic site listed on the Hawaii state register of historic places.

SECTION 3. Section 206J-6, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

"(b) The development corporation shall preserve the Aloha Tower as an historical monument and Irwin Memorial Park as an historical landscaped street-level open space park and shall not sell, remove, demolish, deface, or alter the structure and historic landscape features in any reasonable degree to lessen [its] their historical value to the community. However, and notwithstanding any other law to the contrary, repairs, maintenance, relocation of pier platforms, or any essential reconstruction necessary for the preservation of the Aloha Tower as an historical monument, and repairs, maintenance, or any restoration necessary for the preservation of Irwin Memorial Park as an historical public open space park and gathering place shall be permissible.

(c) Irwin Memorial Park shall be retained as a public park subject to the reservations and conditions set forth in the deed of Helene Irwin Fagan to the Territory of Hawaii[.], and preserved and maintained as an historical street-level, public open space park for the enjoyment of the people of Honolulu."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.