HomeMy WebLinkAboutCOM 0488.001 2008-2010
DOMINIC YAGONG vv or M Phone: (808) 961-8264
Council Member"•• 'ky Fax: (808) 961-8912
Council District I ~lui6~ Email: dyagong@co.hawaii.hi.us
Mailing Address: Business Address:
(Former County Building) 333 KFlauea Avenue, Second Floor
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25 Aupuni Street Ben Franklin Building
Hilo, Hawai'i 96720 Hilo, Hawaii 967A
Hawai `i County Council
County of Hawai `i
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August 26, 2009 °
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To: J Yoshimoto, Chair
and Members of the Hawaii County Council
From: Dominic Yagong, Council MemberX..-
Re: Proposed Amendments to Bill 132, Relating to Council Approval for Certain
County Land Transactions
Please find attached proposed amendments to Bill 132, which amends Hawaii County Code
sections 2-112 through 2-114.
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The amendments change each instance of the word "perspective" to "prospective," and are
illustrated via Ramseyer format; material to be deleted is bracketed and stricken through, material
to be added is underlined.
1. Subsection (b) of section 2-112 is amended to read as follows:
"(b) Prior to disposition, any disposition by auction of real property ten
acres or larger shall be approved by council through a resolution as
submitted by the director of finance. The resolution shall include
the final bid price, intended use of property, and the name or
names of the [perspective] prospective buyer."
2. Subsection (b) of section 2-113 is amended to read as follows:
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"(b) Prior to disposition, any real property ten acres or larger to be sold
or leased by call for sealed bids shall be approved by council
through a resolution as submitted by the director of finance. The
resolution shall include the bid price or terms of the bid lease, the
intended use of property, and the name or names of the
[perspective] prospective buyer or lessee."
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C ni~n. Pro. f O
Ref. To: FS~..
Serving the Interests ofthe People of Our Island Ref. Dole SEA 1 209
Hawaii County is an Equal Opportunity Provider and Employer
August 26, 2009
Page 2 of 2
3. Subsection (e) of section 2-114 is amended to read as follows:
"(e) Notwithstanding subsection (c), prior to disposition, any real
property ten acres or larger to be sold or leased through negotiation
shall be approved by council through a resolution as submitted by
the director of finance. The resolution shall include the negotiated
sale price or lease terms, the intended use of property, and the
name or names of the [perspective] prospective buyer or lessee."
A draft copy of Bill 132, Draft 2, with these proposed amendments incorporated therein, is
attached.
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An.
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AN ORDINANCE TO AMEND CHAPTER 2, ARTICLE 19, HAWAII COUNTY CODE
1983 (2005 EDITION, AS AMENDED) RELATING TO COUNCIL APPROVAL FOR
CERTAIN COUNTY LAND TRANSACTIONS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 2, article 19, section 2-112 of the Hawaii County Code 1983
(2005 Edition, as amended) is amended to read as follows:
"Section 2-112. Disposition by auction.
(a) Unless the council finds substantial reasons to dispose of real property in
some other manner, all disposition of real property shall be made at public
auction, after public notice as provided in section 2-111. All such auctions
shall be held at the main entrance of the County building in which the main
office of the department of finance is located or at such other place as is
convenient in the district in which the real property is located, and shall be
conducted by the finance director or by the finance director's authorized
representative.
(b) Prior to disposition, any disposition by auction of real property ten acres or
larger shall be approved by council through a resolution as submitted by
the director of finance. The resolution shall include the final bid price,
intended use of property, and the name or names of the prospective buyer."
SECTION 2. Chapter 2, article 19, section 2-113 of the Hawaii County Code 1983
(2005 Edition, as amended) is amended to read as follows:
"Section 2-113. Sale or lease by seal bids.
(a) Whenever real property are to be sold or leased by call for sealed bids, the
finance director shall notify by publication for a call for bids as provided in
section 2-116 with such details concerning the call for bids as the finance
director shall deem necessary and desirable. All bids shall be sealed and
delivered to the finance director and shall be opened by the finance director
at the time and place stated in the call for bids. The finance director may
reject any or all bids and waive any defects when in the finance director's
opinion such rejection or waiver will be for the best interest of the public.
(b) Prior to disposition, any real property ten acres or larger to be sold or
leased by call for sealed bids shall be approved by council through a
resolution as submitted by the director of finance. The resolution shall
include the bid price or terms of the bid lease, the intended use of property,
and the name or names of the prospective buyer or lessee."
SECTION 3. Chapter 2, article 19, section 2-114 of the Hawaii County Code 1983
(2005 Edition, as amended) is amended to read as follows:
"Section 2-114. Sale or lease by negotiation.
(a) Real property may be sold or leased through negotiation upon a finding by
the council that the public interest demands it and upon approval of the
minimum conditions and selection criteria of the council.
(b) After a determination is made to negotiate the disposition, the finance
director shall:
(1) Give public notice, in accordance with the procedure set forth in
section 2-116 of the County's intention to sell or lease real property
through negotiation setting forth the minimum conditions
thereunder.
(2) Establish reasonable criteria for the selection of the buyer or lessee.
(3) Determine the applicants who meet the criteria for selection, and
notify all applicants of the determination. Any applicant may
examine the basis of the determination, which shall be in writing, to
ascertain whether or not the conditions and criteria established were
followed; provided that if any applicant does not notify the finance
director of,the applicant's objections, and the grounds therefor, in
writing, within twenty days of the receipt of the notice, the applicant
shall be barred from proceeding to seek legal remedy for any alleged
failure of the finance director to follow the conditions and criteria.
(c) If only one applicant meets the criteria for selection of the buyer or lessee,
the finance director may, after notice as provided in subsection (b)(3) of
this section, dispose of the real property by negotiation. If two or more
applicants meet the criteria for the selection of the buyer or lessee, the
finance director shall select the buyer or lessee who submits the highest
offer contained in a sealed bid deposited with the finance director.
(d) The council may require in the initial resolution that the negotiated
agreement be accepted by the council.
(e) Notwithstanding subsection (c), prior to disposition, any real property ten
acres or larger to be sold or leased through negotiation shall be approved by
council through a resolution as submitted by the director of finance. The
resolution shall include the negotiated sale price or lease terms, the
intended use of property, and the name or names of the prospective buffer
or lessee."
SECTION 4. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need
not be included.
SECTION 5. Severability. If any provision of this ordinance or the application thereof
to any person or circumstance, is held invalid, such invalidity does not affect other provisions or
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applications of the ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are to be severable.
SECTION 6. This ordinance shall take effect upon its approval.
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