RES 099 Draft 01 2010-2012 - Laserfiche WebLink

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of the Corporation Counsel; Nancy E. Burns, P.E. , LLC, Project Design Engineer; and Jamae K.K. Kawauchi, County Clerk; and WHEREAS, testimony for and against the proposed Improvement District was heard by the Council at the Public Hearing and the audio -taped proceedings of the Public Hearing have been subsequently transcribed (attached to this Resolution as "Exhibit B "); and WHEREAS, the County Clerk has advised the Council that written protests were timely received from the owners of four (4) assessment units within the proposed Improvement District, copies of which are attached to this Resolution as "Exhibit C;" and WHEREAS, the written protests received from owners of assessment units constitute less than fifty percent of the total number of assessment units (81) in the proposed Improvement District and, in accordance with Sections 12 -12 and 12 -17, Hawai`i County Code 1983 (2005 Edition, as amended), Council may proceed to approve the proposed improvement by assessment. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII AS FOLLOWS: 1. Certain Determinations and Findings. In accordance with the provisions of Sections 12 -17 and 12 -18, Hawai`i County Code 1983 (2005 Edition, as amended), the Council hereby determines to proceed with the improvements proposed in Council Resolution 74 -11, and further described in the Manager's Report. The Council finds that the establishment of the proposed Improvement District will be in the public interest and will provide significant benefits to the health, safety and welfare of the residents of the Subdivision, including: a. The installation of underground waterlines, constructed and installed in accordance with Department of Water Supply standards, which will eliminate the need for private catchment systems, alleviate potential leakage problems associated with long overland pipes currently serving a portion of the Subdivision, and provide residents with a reliable water supply and regular water pressure; and b. The installation of fire hydrants in the Subdivision, which will afford a greater measure of public safety and homeowner security in the Subdivision, and may potentially result in lower fire insurance premiums for owners within the Subdivision. 2. Creation, Definition and Establishment of the Extent of the Improvement District. The Council hereby creates, defines, and establishes a Water System Improvement District consisting of all "assessment units" (as such term is defined below) located within the Subdivision, comprised of TMKs 7 -2- 008:1 -41 (excluding lot 39, which is not part of the Subdivision) and TMKs7 -2- 09:1 -42 (excluding lot 41, which is the road lot). The owners of assessment units within the Improvement District are those persons identified in the "Proposed Assessment Roll" attached to this resolution as "Exhibit D." The Council acknowledges that changes in property ownership and the recordation of ownership of assessment units by the County of Hawaii Real Property Tax Division may be subject to change and /or revision prior to 3