RES 105 Daft 01 2020-2022 - Laserfiche WebLink

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COUNTY OF HAWAII STATE OF HAWAII ,T! OF•HP1= RESOLUTION NO. 10.5 2J.' A RESOLUTION TO INITIATE DESIGNATING AN IMPROVEMENT DISTRICT FOR PERMANENT IMPROVEMENTS OF ROADWAYS IN THE HAWAIIAN ACRES SUBDIVISION IN PUNA, HAWAII, IN ACCORDANCE WITH CHAPTER 12 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO IMPROVEMENTS BY ASSESSMENTS. WHEREAS, the Hawaiian Acres Subdivision is a private subdivision platted before December 21, 1966 whose roadways are considered private roads and, as such, are ineligible for public funding until brought to County standards as prescribed by Chapter 23, Article 6, Division 2 of the Hawaii County Code 1983 (2016 Edition, as amended) (hereinafter "the Code"); and WHEREAS, an improvement district is a government tool to help a community help itself to upgrade substandard infrastructure that specially benefit the community; and WHEREAS, a community survey completed in 2020 by the Hawaiian Acres Community Association had 714 respondents, 593 of whom favored initiating an improvement district to improve roadways within the Hawaiian Acres Subdivision and both the Hawaiian Acres Community Association and the Hawaiian Acres Road Corporation composed a formal request, attached hereto by reference as "Exhibit A", to initiate an improvement district in the Hawaiian Acres Subdivision; and WHEREAS, the County Council may create, define, establish and/or initiate improvement districts by resolution as prescribed by Chapter 12 of the Code; and WHEREAS, Chapter 12, Article 1, Section 12-2 of the Code sets forth that the "County may issue and sell bonds to provide the funds for such improvements, which bonds shall be secured by such assessments as a lien upon the assessment units assessed"; and WHEREAS, the first requirement for creating an improvement district is for the Council to direct the responsible director, in this case the Director of the Department of Public Works, to prepare and submit to the Council a report in accordance with Chapter 12, Article 2, Section 12-10(a) of the Code; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that the Director of the Department of Public Works is hereby directed to prepare and submit to the Council a report that assesses designating an improvement district for permanent improvements of roadways in the Hawaiian Acres subdivision in Puna, Hawaii and that contains the information as provided in Chapter 12, Article 2, Section 12-10(a), paragraphs 1- 8 of the Code.