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COUNTY OF HAWAII -r' -.. i STATE OF HAWAII
BILL NO. 55
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 12, ARTICLE 1, 2, AND 5 OF THE
HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
IMPROVEMENTS BY ASSESSMENTS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this ordinance is to amend the chapter to align
and coordinate the respective responsibilities and involvement of various county departments
with respect to improvement districts and to clarify and revise certain provisions relating to such
responsibilities.
SECTION 2. Chapter 12 Article 1, Section 12 -1, Hawai`i County Code 1983 (2005
Edition, as amended), relating to Definitions is amended to read as follows:
Section 12 -1. Definitions.
(a) As used in this chapter:
(1) "Assessment unit" means, with respect to a special assessment, a
subdivided parcel of land and /or condominium unit that will be subject to
such special assessment; provided, however, that every assessment unit
shall have a unique tax map key number.
(2) "Condominium unit" means an "apartment" as defined in section 514A -3,
Hawai`i Revised Statutes, and may include, if so determined by the
council, the common elements and /or limited common elements
appurtenant thereto, as set forth in the declaration of condominium
property regime or horizontal property regime which created such
apartment.
(3) "Cooperating department" means a department of the County, other than
the responsible department, that undertakes or supervises the construction
and installation of a portion of the special improvements for an
improvement district.
[(3 -)](4) "Cost" means the cost, either estimated or actual, as the case may be, of
the improvements to be opened, constructed or improved in proceedings
taken pursuant to this chapter for which assessments are to be levied.
There may be included within the definition of "cost," amounts for
construction contingencies, bond discounts, reserve funds, capitalized
interest, and incidentals.
[(4)](5) "Improvement district" means any contiguous or noncontiguous area
within the County which has been designated by the council as an
improvement district for the purposes of this chapter.
[(-5)](6) "Incidentals" means expenses in carrying out proceedings pursuant to this
chapter for:
(A) Preparation of maps, notices, and other documents;
(B) Posting, mailing and publication costs;
(C) Preparation and printing of bonds, bond registers and transfer
books;
(D) Fees of financial, legal, engineering and surveying consultants; and
(E) Such other administrative or miscellaneous expenses which relate
directly to the proceedings.
[( "' ' . " -- - - - . _ - .. - ... ' .. -
ato pl. ]
(7) "Owner" of an assessment unit means the person to whom the real
property tax for such assessment is assessed, as shown on the real property
tax assessment roll, regardless of whether such person is exempt from the
payment of such tax.
(8) "Premium" means:
(A) An amount payable by a property owner at the time the owner
makes an advance payment of unpaid installments of the
assessment in accordance with the provisions of section 12 -35
(Advance payment of assessment installment) which amount is in
addition to the unpaid principal amount the owner's assessment
and the interest thereon to the next date for the payment of
installments;
(B) An amount payable to the holder of a bond issued pursuant to this
chapter which is called by the director of finance for payment
before maturity in accordance with the provisions of section 12 -54
(Payment of bonds), and which is in addition to the face amount of
such bond and the interest thereon payable to such bondholder; or
(C) An amount paid by the purchaser of the bonds in excess of the par
value of the bonds.
(9) "Responsible department" means: (a) in the case of a water system
improvement district, the department of water supply of the County; (b) in
the case of a sewer system improvement district, the department of
environmental management of the County; and (c) in all other cases, the
department of public works of the County or, if applicable, such other
department of the County as shall have primary responsibility for
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undertaking or supervising the construction and installation of the special
improvements for the improvement district in question.
(10) "Responsible director or manager" means the director or manager of the
responsible department.
Mal) "Special improvement," "improvement," "the making of a special
improvement," "make any special improvement" and equivalent
expressions include any one or any combination of the following:
(A) The establishment, opening, extension, widening, or altering of any
street, alley, or other highway or sidewalk;
(B) The grading, paving, curbing, or otherwise improving of the whole
or any part of any existing public street, alley, or other highway or
sidewalk;
(C) The construction of a storm drainage facility;
(D) The construction of a street lighting system;
(E) The construction of a water system;
(F) The construction and installation of underground or overhead
utility facilities including gas, electrical, telephone or television
facilities, and the removal, relocation, replacement or
reconstruction thereof;
(G) The establishment, extension, or construction of public off - street
parking facilities, pedestrian malls, parks, playgrounds, beach
areas, or other public recreational areas and facilities;
(H) Improvements related to the foregoing, and to otherwise improve
any of the foregoing to an extent exceeding maintenance or repair
thereof;
(I) Any other public improvement, which will specially benefit the
assessment units to be assessed.
(12) "Sewer system improvement district" means an improvement district in
which the improvements to be made are exclusively those to construct a
sewer system or upgrade an existing sewer system, including the
restoration of roadways or other facilities incidental to such construction
or upgrading.
[(x](13) "Storm drainage facility" includes "sanitary sewerage system."
[(11)](14) "Water system improvement district" means an improvement district in
which the improvements to be made are exclusively those to construct a
water system or upgrade an existing water system, including the
restoration of roadways or other facilities incidental to such construction
or upgrading.
SECTION 3. Chapter 12 Article 2, Section 12 -10, Hawai`i County Code 1983 (2005
Edition, as amended), relating to Initiation by council; study of proposed improvement; adoption
of improvement; hearing is amended to read as follows:
Section 12 -10. Initiation by council; study of proposed improvement; adoption of
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improvement; hearing.
(a) The council shall, by resolution requiring not more than one reading for its
adoption, direct the responsible director [of public works,] or [the] manager [in
- _. - . . - - -- • -- _ . -- - . • ,] to prepare and submit to the
council a report containing the following:
(1) Preliminary data concerning the special improvement proposed to be
opened, constructed, or improved;
(2) The general character and extent of any improvement to be proposed;
(3) The proposed assessment unit and method of assessment;
(4) Whether any new land will be necessary to be acquired, and the estimated
cost thereof and the proportion of the cost which should be borne by the
County;
(5) The materials recommended to meet the conditions of the improvement;
(6) The boundaries of the proposed improvement district and any subdistricts
or zones therein as to which different portions of the cost of improvements
should be charged;
(7) The estimated cost of the improvement, the portions of the cost to be
borne by the County, and the portions of the cost to be assessed against the
assessment units specially benefited with the maximum unit of assessment
to be made against each assessment unit to be assessed; and
(8) All necessary plans and other data, details, and specifications for the
improvements and any other matters or details intended to apply thereto.
The report of the responsible director [of public works,] or [of the]
manager [. - . - . . . - - •- • -- - •- - - • ], when so
furnished and filed with the council, shall not be acted upon until one
week has elapsed from the date of the filing of the report with the council.
(b) If the proposed improvement district includes the construction [or improvement of
. - - • . - ... _ . : . . - ... ] and installation of
improvements to be undertaken or supervised by a cooperating department, the
responsible director [of public works] or manager shall obtain from the
cooperating department[ f water °upp'_ ] preliminary plans and estimates for such
cooperating department's proposed [water system] improvements, and the
responsible director [of public works] or manager shall furnish the cooperating
department [of-water-supply] with such preliminary plans of the proposed
[improvement] improvements, other than those of the cooperating department, as
will enable the cooperating department [of water supply] to make its plans and
estimates [ : - - - . - - . - - - ]. The responsible director [of public
works] or manager shall incorporate such preliminary plans and estimates of the
cooperating department [of water supply] in the report to the council.
(c) Thereafter the council may, by resolution requiring one reading for its adoption,
propose the making of an improvement or improvements, specifying:
(1) The special improvements to be opened, constructed, or improved;
(2) The area, owners, so far as known, and general description and location of
new land to be acquired, if any;
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(3) The materials proposed to be used;
(4) The proposed assessment unit and method of assessment including the
minimum number of installment payments to be proposed;
(5) The maximum term of assessment bonds to be issued to represent unpaid
installments;
(6) The maximum rate of interest to be borne by the bonds;
(7) The maximum premium required to be paid on the advance payment of
installments or the call and redemption of any bond prior to its maturity;
(8) The maximum amount of the reserve fund either as set forth in the report
of the responsible director [of public works] or manager or as otherwise
determined by the council;
(9) The general boundaries of the district or frontage, subdistricts and zones to
be assessed; and
(10) The maximum estimated units of assessment.
The resolution shall refer to and incorporate by reference such surveys,
plans, maps, and other data reported by the responsible director [of public works]
or [the] manager [ - - . - . - . - -• • - • -- - • • • ] as are
approved by the council. The resolution shall also fix a date of public hearing
upon the proposed improvement, which date shall be not less than fifteen days
after the first publication of notice thereof in at least one newspaper of general
circulation in the County.
(d) The council may adopt the plans and estimates so furnished by [the] any
cooperating department [of water supply] and incorporated in the report of the
responsible director [of public works.] or manager. If the plans and estimates of
[the] a cooperating department [of water supply] are adopted by the council, the
plans and estimates shall be referred to and incorporated by reference in such
resolution.
(e) After the adoption of the resolution, the County clerk shall:
(1) Cause a notice of the public hearing to be published twice a week for two
successive weeks (four publications in all) in at least one newspaper of
general circulation in the County, giving notice, generally, to all owners of
assessment units proposed to be assessed or land to be acquired and to all
others interested in the general details of the proposed improvements as
adopted by the council and stating the time and place of public hearing
and where the resolution and reports and other data may be seen and
examined prior to the hearings;
(2) Post copies of the notice described in the preceding paragraph at least ten
days prior to the hearing at a public place in the district in which the
proposed improvement district is located; and
(3) Mail a notice of public hearing to all owners of the assessment units
proposed to be assessed at least two weeks prior to the hearing. The notice
to be mailed shall contain:
(A) The material contained in the published and posted notices;
(B) A description of the assessment unit of such owner set forth in
such manner as to enable such owner to identify the assessment
unit;
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(C) A statement that the assessment unit described on said notice is
proposed to be assessed to pay for a portion of the cost of the
proposed improvements;
(D) A statement that the testimony of all interested persons and owners
of assessment units for or against the establishment of the district,
the extent of the district, and the levy of the special assessment will
be heard; and
(E) A statement that a protest against making all or part of the
proposed improvements or against the methods by which such
assessments are to be made, or the inclusion of certain costs therein
must be submitted in writing, in accordance with section 12 -12 of
this chapter, to be considered by the council.
(f) The clerk of the County shall file with the council on or before the hearing an
affidavit by the clerk of the County attesting that the clerk of the County
completed the publication, posting, and mailings described in the preceding
section 12 -10(e) in accordance with the requirement thereof; provided, however,
that the failure of the clerk to timely file such affidavit shall not invalidate the
proceedings held thereafter.
(g) Any failure to post, mail, or receive the notice described above, shall not
invalidate the proceedings held thereafter.
(h) No improvement district shall be approved unless:
(1) The assessed valuation for taxation purposes of the assessment units to be
improved is at least twice the estimated costs of the proposed
improvement; or
(2) The council finds the appraised value of such assessment units as
improved is at least twice the estimated cost of the proposed improvement.
The appraisal shall be conducted in accordance with prevailing standards
for appraisals used by banks for loans.
(i) No improvement district shall be approved unless the council finds that such
improvement is in the public interest.
SECTION 4. Chapter 12, Article 2, Section 12 -11, Hawai`i County Code 1983 (2005
Edition, as amended) relating to Report of director of public works or manager is amended to
read as follows:
Section 12 -11. Report of responsible director [of-public-works] or manager.
In preparing the report required by section 12 -10, the responsible director [e€
public works,] or [the] manager [ - . - - . . - - -- • • - - •- . - • • ,] may
consult with the director of finance or with such financial consultant as has been specially
employed by the council to assist in the proceedings or who may otherwise be available
to the council, at the direction of the council. Upon the written advice and
recommendation of the director of finance or of such a financial consultant, the
responsible director [of public works,] or [the] manager [in the case of a water system
improvement district,] may include such sums as he deems proper for reserve funds, bond
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discount allowances, and construction contingencies in determining his estimate of the
project cost and the amount to be assessed therefor.
SECTION 5. Chapter 12, Article 2, Section 12 -15, Hawai`i County Code 1983 (2005
Edition, as amended) relating to Petition by twenty percent of owners is amended to read as
follows:
Section 12 -15. Petition by twenty percent of owners.
(a) If the owners of not less than twenty percent of the frontage upon any street, alley
or highway designated by them or of twenty percent of the area of land designated
by them as a proposed improvement district, file with the council a petition duly
acknowledged by the owners requesting the construction of special
improvements, together with the surveys, maps, plans and other preliminary data
and estimates mentioned in section 12 -10, the council may reject or accept the
petition. If the council accepts the petition, it shall proceed in the manner
hereinafter provided. The council shall act on the petition provided:
(1) The petition of twenty percent of the owners includes the signatures of at
least fifty percent of the resident owners residing in the proposed
improvement district; and
(2) A state of emergency is found to exist by the council that requires the
formation of the improvement district.
(b) The cost of the preliminary surveys, maps and other data shall be deemed part of
the cost of the improvement provided fifty -one percent of the owners of the
improvement district hereinabove described do not object to the improvement
district. If fifty -one percent or more of the owners involved in the improvement
district oppose the improvement district, all such cost of the preliminary surveys,
maps and other data shall be borne by the County as if the proceeding had been
initiated by the council in accordance with section 12 -10.
(c) Upon such petition and prior to the hearing thereon, the council shall, at its
option, have the power to abandon the proceedings or make any change or
modification of the plans or the details or specifications for the proposed
improvements without the written consent of the petitioning owners of the
frontage or area of the land to be assessed. With regard to the petition, the council
may at any time decline to acquiesce in or may modify any part of the plan which
contemplates the payment by the County of any part of the cost of acquiring new
land or of any part of the cost of improving any main or general thoroughfare.
(d) Upon receipt of the petition, the council shall by resolution requiring not more
than one reading for its adoption, direct the responsible director [of public works,]
or [the] manager [' - - . - - . . - - -- • -- - -- - - • • 1:
(1) To investigate and report to the council:
(A) Preliminary data concerning the special improvements proposed to
be opened, constructed, or improved;
(B) The general character and extent of any improvement to be
proposed;
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(C) The proposed assessment unit and method of assessment;
(D) Whether any new land will be necessary to be acquired, and the
estimated cost thereof and the proportion of the cost which should
be borne by the County;
(E) The materials recommended to meet the conditions of the
improvement;
(F) The boundaries of the proposed improvement district and any
subdistricts or zones therein as to which different portions of the
cost shall be charged; and
(G) The estimated cost of the improvement, the portions of the cost to
be borne by the County, and the portions of the cost to be
specifically assessed against the assessment units specially
benefited with the maximum unit of assessment to be made; and
(2) To prepare and furnish all necessary drawings and other data, details, and
specifications for the improvements and any other matters or details
intended to apply thereto. The report when so furnished and filed with the
council shall not be acted upon until one week has elapsed from the date
of the filing of the same.
(e) If the proposed improvement district includes the construction [or improvement of
appliance for supplying or distributing a water supply] and installation of
improvements to be undertaken or supervised by a cooperating department, the
responsible director [of public works] or manager shall obtain from the
cooperating department [of water supply] preliminary plans and estimates for
such cooperating department's proposed [water-system] improvements, and the
responsible director [of public works] or manager shall furnish the cooperating
department [of water supply] with such preliminary plans of the proposed
[improvement] improvements, other than those of the cooperating department, as
will enable the cooperating department [ofwater supp'.,] to make its plans and
estimates [or the proposed water system]. The responsible director [of public
works] or manager shall incorporate such preliminary plans and estimates of the
cooperating department [of-water-supply] in the report to the council.
(f) The council may, by resolution requiring one reading for its adoption, propose the
making of an improvement or improvements specifying:
(1) The streets, storm drainage, sanitary sewerage system, water system or
street lighting system, or combination thereof, to be opened, constructed,
or improved;
(2) The area, owners, so far as known, and general description and location of
new land to be acquired, if any;
(3) The materials proposed to be used;
(4) The proposed unit of assessment and method of assessment including the
minimum number of installment payments to be proposed;
(5) The maximum term of assessment bonds to be issued to represent unpaid
installments;
(6) The maximum rate of interest to be borne by the bond;
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(7) The premium required to be paid on the advance payment of installments
for the call and redemption of any bond prior to its maturity;
(8) The amount of the fund either as set forth in the report of the responsible
director [of public works] or manager or as otherwise determined by the
council;
(9) The general boundaries of the district or frontage, subdistricts and zones to
be assessed; and
(10) The maximum amount estimated to be assessed against a unit of
assessment.
(g) The council may adopt the plans and estimates so furnished by [the] a cooperating
department [of-water-supply] and incorporated in the report of the responsible
director [of public works] or manager. If the plans and estimates of [the] a
cooperating department [of-water-supply] are adopted by the council, the plans
and estimates shall be referred to and incorporated by reference in such
resolution. The resolution shall refer to and incorporate by reference such surveys,
plans, maps and other data reported by the responsible director [of public works]
or manager as are approved by the council. The resolution shall also fix a date of
public hearing upon the proposed improvement, which date shall be not less than
forty -five days after the first publication of notice thereof in a newspaper of
general circulation in the County. The hearing shall provide owners of assessment
units within the improvement district with a reasonable opportunity to object or
approve in writing of the proposed improvement.
(h) After the adoption of the resolution, the County clerk shall:
(1) Cause a notice of the public hearing to be published twice a week for two
successive weeks (four publications in all) in at least one newspaper of
general circulation in the County, giving notice, generally, to all owners of
assessment units proposed to be assessed or acquired and to all others
interested in the general details of the proposed improvements as adopted
by the council and stating the time and place of public hearing and where
the resolution and reports and other data may be seen and examined prior
to the hearing;
(2) Post copies of the notice described in the preceding paragraph at least ten
days prior to the hearing at a public place in the district in which the
proposed improvement district is located; and
(3) Mail a notice of public hearing to all owners of the assessment units
proposed to be assessed at least two weeks prior to the hearing. The notice
to be mailed shall contain:
(A) The material contained in the published and posted notices;
(B) A description of the assessment unit of such owner set forth in
such manner as to enable such owner to identify the assessment
unit;
(C) A statement that the assessment unit described on said notice is
proposed to be assessed to pay for a portion of the cost of the
proposed improvements;
(D) A statement that the testimony of all interested persons and owners
of assessment units for or against the establishment of the
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improvement district, the extent of the improvement district, and
the levy of the special assessment will be heard; and
(E) A statement that any protest, objection, or suggestion relating to
the making of all or part of the proposed improvements or against
the methods by which such assessment are to be made, or the
inclusion of certain costs therein must be submitted in writing, in
accordance with section 12 -12 of this chapter, to be considered by
the council.
(i) The clerk of the County shall file with the council on or before the hearing an
affidavit by the clerk of the County attesting that the clerk of the County
completed the publication, posting, and mailings described in the preceding
section 12 -15(h) in accordance with the requirement thereof; provided, however,
that the failure of the clerk to timely file such affidavit shall not invalidate the
proceedings held thereafter. Any failure to post, mail, or receive the notice
described above shall not invalidate the proceedings held thereafter.
(j) All notices referred to in this section shall also contain a provision providing that
if the owner does not object in writing at or before the time of hearing, such
inaction will be construed as a conclusive presumption that said owner does not
object to the proposed improvement and that the improvement district may be put
into effect unless fifty -one percent of the owners who will be assessed as a result
of the improvement district object in writing at or prior to the time of hearing.
(k) Should fifty -one percent or more of the owners of the assessment units affected
by the improvement district fail to object prior to or at the hearing, the proposed
improvement by assessment shall be approved by council passing a resolution
requiring one reading for its adoption, provided, that no such improvement shall
be approved unless:
(1) The assessed valuation for taxation purposes of the assessment units to be
improved is twice the estimated cost of the proposed improvement; or
(2) The council by resolution finds the appraised value of such assessment
units in accordance with prevailing standards of appraisal and used by
banks for loans thereon is twice the estimated cost of the proposed
improvement and that such approval is in the public interest.
(1) This section shall apply only to subdivisions created prior to March 1, 1967.
SECTION 6. Chapter 12, Article 2, Section 12 -18, Hawai`i County Code 1983 (2005
Edition, as amended) relating to Resolution to define extent of improvement is amended to read
as follows:
Section 12 -18. Resolution to define extent of improvement.
If, after initial or further advertisement and hearing when no changes are made
which will require further advertisement or hearing, the council determines to proceed
with the improvements, it shall, by resolution requiring not more than one reading for its
adoption:
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(1) Create, define, and establish the extent of the frontage improvement or the
improvement district to be assessed;
(2) Define the kind, extent, and general details of the proposed improvements;
(3) Describe each parcel of land to be acquired, if any;
(4) Declare the part or proportion of the cost of the improvement which is to
be borne by the County;
(5) Describe the assessment units and method of assessment;
(6) Describe the kinds of materials to be used;
(7) Direct the responsible director [of public works,] or [the] manager [in the
case of a water system improvement district,] as provided in section 12-
19; and
(8) If the proposed improvement includes construction or improvements of a
water system, make requests as provided in section 12 -20.
SECTION 7. Chapter 12, Article 2, Section 12 -19, Hawai`i County Code 1983 (2005
Edition, as amended) relating to Director of public works, or manager in the case of a water
system improvement district, to prepare map showing improvements, details, plans and
specifications is amended to read as follows:
Section 12 -19. [Director of pub"^ works,] Responsible director or manager [in--the
• . . • • •• •• . . • •• • • • ,] to prepare map showing
improvements, details, plans and specifications.
The council shall, by resolution required by section 12 -18 direct the responsible
director [of public works,] or [the] manager [. - • - . - . . . - • -• .. •- -
di t,] to prepare a corrected map of the highways to be improved, showing the
abutting lands or, of the improvement district showing the highways therein to be
improved, or the special improvements to be constructed or improved, and showing the
exact location of the improvements, together with final details, plans and specifications
for the work, all in such form as will readily permit and encourage genuine competition
between contractors in so far as the materials specified will permit of such competition.
These maps, final details, plans, and specifications, by resolution similarly approved and
adopted by the council, shall be used as the basis for the calling of bids and awarding of a
contract for the work as provided in this chapter.
SECTION 8. Chapter 12, Article 2, Section 12 -20, Hawai`i County Code 1983 (2005
Edition, as amended) relating to Water system and specifications from department of water
supply is amended to read as follows:
Section 12 -20. [Water system pl] Plans and specifications from cooperating
department [of water ° ply].
(a) If the proposed improvement district includes the construction [or improvement of
a water system] and installation of improvements to be undertaken or supervised
11
by a cooperating department, the council shall by resolution required by section
12 -18 request the cooperating department [of water supply] to furnish final detail
plans and specifications for such [water system for the proposed improvement,
including plans and specifications for adequate and appropriate conduits, pipes,
ievementd improvements. The resolution shall also direct the responsible
director [of public works] or manager to furnish the cooperating department [e€
water supply] with such copies of the final surveys, maps and plans covering the
proposed improvements, other than [for such water system] those of the
cooperating department, as may be necessary to enable the cooperating
department [ef water supply] to prepare the final plans and specifications for
[such water system] its improvements.
(b) The cooperating department [of water supply] shall furnish such final plans and
specifications when requested, provided that the cooperating department [of water
supply] may refuse to furnish such plans and specifications where funds for the
amount the County is obliged to pay towards the contract price have not been
included in the budget of the County for such year. The final plans and
specifications so furnished by the cooperating department [of water supply] shall
be incorporated in the resolution adopted by the council and shall be used as the
basis for the calling of bids and awarding of a contract for such work.
SECTION 9. Chapter 12, Article 2, Section 12 -24, Hawai`i County Code 1983 (2005
Edition, as amended) relating to Bidding; award of contract is amended to read as follows:
Section 12 -24. Bidding; award of contract.
(a) The bid process for the construction of special improvements shall be
administered by the responsible department [of public works or by the department
of water supply in the case of a wat- - -- • - .. -- - • ] in accordance
with procedures and requirements applicable to County of Hawai`i projects and
the state Procurement Code.
(b) The bid specifications shall contain provisions that specify that the award of the
contract will not occur until the improvement district is created and the necessary
funds for construction are appropriated.
(c) The responsible department [of public works or the department of water supply,
as the case may be,] may award the work as an entire contract or, in its discretion,
make one or more contracts separately for the different kinds of work to be
performed.
SECTION 10. Chapter 12, Article 2, Section 12 -27, Hawai`i County Code 1983 (2005
Edition, as amended) relating to Corrected map; preliminary assessment roll and description;
notice of authorized improvement is amended to read as follows:
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Section 12 -27. Corrected map; preliminary assessment roll and description; notice
of authorized improvement.
(a) The council shall have the responsible director [of public works,] or [the]
manager [in the case of a water system improvement district,] prepare a corrected
map, a preliminary assessment roll, description of assessment units to be assessed,
a list of all known owners of the assessment units within the improvement district,
and the responsible director's or manager's estimate of cost or the bid of the
lowest responsible and reliable bidder (if such bid is made).
(b) The preliminary assessment roll and description of assessment units to be
assessed shall contain for the assessment units in the proposed improvement
district or in the several subdistricts or zones, if any, the following:
(1) Where assessments are based on frontage, the maximum proposed amount
per foot of frontage;
(2) Where assessments are based on area, the maximum proposed amount per
square foot;
(3) Where assessments are based on methods other than frontage or area, the
method of assessment and the amount of which each unit of assessment
shall be assessed;
(4) The maximum proposed amount of assessment for each assessment unit;
and
(5) A list of all known owners of the assessment units within the proposed
improvement district.
(c) Upon receipt of the corrected map, preliminary assessment roll, and description of
assessment units, the council shall give notice of the following:
(1) The total cost of improvements as established by the estimate of the
responsible director [of public works] or manager or by the bid of the
lowest responsible and reliable bidder, or as otherwise provided in this
chapter;
(2) The contents of the preliminary assessment roll;
(3) The availability of the corrected map, preliminary assessment roll and
description of assessment units for inspection at the office of the
responsible director [of public works] or manager during business hours at
any time prior to and including the hearing date; and
(4) The time, date, and place of the public hearing to be held concerning said
items; provided that the date shall not be less than ten days nor more than
three weeks after the date of the first newspaper publication of the notice.
(d) The notice of improvement and hearing shall be advertised, mailed, and posted in
the same manner as provided in section 12 -10.
(e) At the public hearing, the council shall act as a board of equalization to receive
complaints or objections concerning the amounts of the proposed assessments.
SECTION 11. Chapter 12, Article 2, Section 12 -28, Hawai`i County Code 1983 (2005
Edition, as amended) relating to Combination hearing; applicable proceedings is amended to
read as follows:
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Section 12 -28. Combination hearings; applicable proceedings.
(a) The council may combine the hearings provided for in sections 12 -10 and 12 -27.
If it does so, such determination shall be made in the resolution proposing to
make the improvement or improvements, and the following provisions shall then
be applicable to the proceedings:
(1) The resolution need not specify the maximum estimated amount to be
assessed on the unit of assessment nor fix the date of public hearing upon
the proposed improvement, but shall direct the preparation by the
responsible director [of public works,] or [the] manager [in the case of a
. - -• • - .. -- • . • • ,] of the documents and data to be
prepared by such person as provided in sections 12 -18 and 12 -19 and in
section 12 -27 and if applicable shall include the request and direction
provided in section 12 -20. After the combined hearings, if the council
determines to proceed with the improvements, the resolution specified in
section 12 -20 need not again direct preparation by the responsible director
[of public works] or manager of the documents and data as provided in
sections 12 -18 and 12 -19. The clerk shall not cause the notices to be given
as provided in section 12 -10 until the documents and data have been so
prepared by the responsible director [of public works] or manager, and if
applicable, by [the] each cooperating department [ef water pply], and
preliminarily approved by the council, at which time the council shall by
resolution requiring not more than one reading for its adoption fix the date
of combined hearings.
(2) The matters to be contained in the notices provided for in sections 12 -10
and 12 -27 shall be combined into single notices to be so published, posted
and mailed; for the purpose thereof the total amount of the cost of the
improvement shall be based on the estimated cost of the work to be
included in bids when received, not upon the bid of the lowest responsible
and reliable bidder as specified in section 12 -27.
(3) The council may request the responsible director [of public works or the
-- - - ..: ] or manager, [as the case may be,] to call for
bids on all improvements to be constructed under contract to be received
on or before the date of the combined hearings pursuant to the provisions
of sections 12 -23,* 12 -24 and 12 -25.*
(4) The responsible director [of public works, or the] or manager [in the case
of a water system improvement district,] shall prepare an amended
preliminary assessment roll based on any revisions in the estimate of the
responsible director [of public works or the] or manager or on the results
of the bids received for improvements as the case may be and shall send
said amended assessment roll to the council on or before the public
hearing.
(A) If the amended preliminary assessment roll shows a proposed
amount of assessment for any of the assessment units to be
assessed which is more than that shown on the preliminary
assessment roll, then, unless the affected owner shall waive the
same, the council shall postpone the public hearing and readvertise
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and mail an amended notice of hearing containing the amended
preliminary assessment roll. Said readvertisement and mailing
shall be done under the provisions of sections 12 -27(c) and (d).
Said postponed public hearing shall be conducted in the same
manner as provided in section 12- 27(e).
(B) If the amended preliminary assessment roll shows a proposed
amount of assessment for each of the assessment units to be
assessed which is the same or less than the preliminary assessment
roll, the public hearing shall be held as scheduled and the amended
preliminary assessment roll shall be considered at said public
hearing.
SECTION 12. Chapter 12, Article 5, Section 12 -59, Hawai`i County Code 1983 (2005
Edition, as amended) relating to Initiation of refunding is amended to read as follows:
Section 12 -59. Initiation of refunding.
(a) The owners of assessment units in any improvement district whose assessment
units represent seventy -five percent or more of the outstanding improvement
assessments at the time of the filing of the petition shall, if it is desired that the
indebtedness of the district be refunded, file with the council a petition, which
petition shall set forth the indebtedness of the district, that it is desired that the
indebtedness be refunded, and the proposed method of refunding the outstanding
indebtedness.
(b) The council shall thereupon, by resolution requiring not more than one reading for
its adoption, direct the director of [public works] finance to investigate and report
to the council:
(1) The amount of unpaid assessments and the assessment units subject to the
assessment in the improvement district;
(2) The detail of any delinquent assessments and of any unpaid penalties;
(3) Whether the petitioners own assessment units representing seventy -five
percent or more of the unpaid assessments in the district;
(4) The proposed method of reassessment of the assessment units subject to
existing assessments;
(5) A new assessment roll showing the proposed new assessments;
(6) The cost of the proposed refunding scheme; and
(7) Other details which may be necessary to carry into effect the proposed
refunding project.
(c) The report of the director of [earks] finance shall be filed with the council.
petitioners shall deposit with the dircctor of finance a sum sufficient to meet the
cost of the refunding project as reported by the dircctor of public works.]
(d) Thereafter the council shall, by resolution requiring one reading for its adoption,
propose the adoption of the suggested refunding plan specifying:
(1) The outstanding indebtedness of the district;
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(2) That the owners of assessment units representing not less than seventy -
five percent of the unpaid improvement assessments have petitioned that
the outstanding indebtedness of the district be refunded;
(3) The proposed refunding plan in detail; and
(4) The proposed method of reassessment, including the minimum number of
installment payments to be proposed, and the maximum amount to be
assessed against a unit of assessment.
The resolution shall refer to and incorporate by reference the preliminary
assessment roll and such other data reported by the director of [public-works]
finance as shall be approved by the council. The resolution shall also fix the date
of public hearing upon such plan, which date shall not be less than fifteen days
after the first publication of notice thereof in a newspaper of general circulation in
the County. In addition, the resolution may require the petitioners to deposit with
the director of finance, within seven days after adoption of such resolution, a sum
sufficient to meet the cost of the refunding project as reported by the director of
finance, in which case the holding of the public hearing and any other actions of
the County with respect to the refunding shall be conditioned on the making of
such deposit within such period.
(e) After the adoption of the resolution, the clerk shall cause a notice of the public
hearing to be published as provided in section 12 -10, giving notice generally to all
owners of the assessment units still under assessment in the improvement district,
stating the time and place of the public hearing and where the resolution,
preliminary assessment roll and other data may be seen and examined prior to the
hearing. Like notices shall be posted in three of the most conspicuous places in
the improvement district for which the outstanding bonds are issued. Affidavits of
publication, both in the newspaper and of the posting, respectively, shall be filed
with the council at the hearing.
SECTION 13. Chapter 12, Article 5, Section 12 -63, Hawai`i County Code 1983 (2005
Edition, as amended) relating to Petition by all owners is amended to read as follows:
Section 12 -63. Petition by all owners.
If the petition is filed and acknowledged by the owners of assessment units representing
one hundred percent of the unpaid assessments in any improvement district, and by all
lessees of any assessment unit to be assessed, who, by the express terms of their
respective leases must pay the kind of assessments contemplated by this article, unless
the lessor of such lease files with the petition a duly acknowledged waiver of the
stipulation in the lease which requires the lessee to pay such special assessments, and a
written undertaking by the lessor or owner to pay the special assessments to be made
under the proposed refunding plan, then the council [upon the payment to the director of
- - - - -.•,. - - . - ,]
shall proceed as provided above to have a hearing on the proposed new method of
assessment and the assessment roll; provided that in case the owners of assessment units
representing one hundred percent of the unpaid assessment as provided in this section
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consent, in writing, to the amount and apportionment of the proposed assessments under
the refunding plan, it shall be unnecessary to give the notice or to hold any of the
hearings specified above and the council may immediately proceed to fix the assessment
in the manner provided[.-]; and provided further that the council may by resolution require
the petitioners to deposit with the director of finance, within seven days after adoption of
such resolution, a sum sufficient to meet the cost of the refunding project as reported by
the director of finance, in which case the holding of the public hearing (if applicable) and
any other actions of the County with respect to the refunding shall be conditioned on the
making of such deposit within such period.
SECTION 14. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material and
underscoring need not be included.
SECTION 15. Severability. If any provision of this ordinance, or the application
thereof to any person or circumstance, is held invalid, such invalidity shall not affect
other provisions or 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
declared to be severable.
SECTION 16. This ordinance shall take effect upon its approval.
HAWAII
Hilo, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
June 15, 2011
June 15, 2011
July 7, 2011
July 20, 2011
REFERENCE' Comm. 216
INTRODUCED BY:
c`-
COUNCIL MEMBER, COUNTY OF
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