ORD 2007-146 2006-2008 - Laserfiche WebLink

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SECTION 3. Article 2, Section 32-21, Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: Section 32-21. Reports of facilities. At the time of the adoption of the resolution of intention to establish a district, the council shall direct the director of public works, department of public works, or other appropriate department, officer or officers who is or will be responsible for providing or maintaining one or more of the proposed types of facilities to be financed by the district, if it is established, to study the proposed district and, at or before the time of the hearing (or within 60 days after adoption of the resolution of intention, or such eazlier date established by the council, if the hearing is waived pursuant to section 32-24), file a report with the council containing a brief description of the proposed facilities by type which will in their opinion be required to adequately meet the needs of the district, and their estimate of the cost of providing those facilities[, ~ _a a' a ~ t, ni~~«.. non-.an~an «F n« 4~u« Y- In prepazing the report, the department or officer may consult with other officers of the County or the State and with any financial feasibility or other consultant retained by the County or any property owner to assist in the procedure or otherwise available. If the purchase of completed facilities or the payment of incidental expenses is proposed, the council shall direct the appropriate officer to estimate the fair and reasonable cost of those facilities or incidental expenses. All of those reports shall be made a part of the record of the hearing on the resolution of intention to establish the district. SECTION 4. Chapter 32, Article 5, Section 32-54, Hawaii County Code 1983 (2005 Edition, as amended), is hereby amended to read as follows: Section 32-54. Levy of special tax on leasehold or possessory interest in [e~npt] Property[ ~ (a) If a public body owning property, including property held in trust for any beneficiary, which is exempt from a special tax pursuant to section 32-53, directly or indirectly grants a leasehold or other possessory interest in the property to a nonexempt person or entity, the special tax shall, notwithstanding section 32-32 or 32-53 or any other provision of this cha ter, be levied and constitute a lien on the leasehold or possessory interest and shall be payable by the owner of the leasehold or possessory interest. In addition in the case of pronerty owned by a person or entity other than a public body, if such person or entity directly or indirectly exants a leasehold or other possessory interest in the property to a nonexempt uerson or entity the applicable ordinance of formation. 2