RES 072 Draft 01 2014-2016 - Laserfiche WebLink

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WHEREAS, testimony for and against the proposed Improvement District was heard by the Council at the public hearing; and WHEREAS, the County Clerk has advised the Council that written protests were timely received from the owners of 9 assessment units representing 13.4 single family equivalents (SFEs) within the proposed Improvement District, copies of which are available for public inspection at the Office of the County Clerk; and WHEREAS, the written protests received from owners of assessment units constitute less than 50 percent of the total number of SFEs (268.1) in the proposed Improvement District and, in accordance with sections 12-12 and 12-17, Hawaii County Code, the 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: Certain Determinations and Findings. In accordance with the provisions of sections 12-17 and 12-18, Hawaii County Code, the Council hereby determines to proceed with the improvements initiated by Resolution No. 120-11 D2, adopted in Resolution No. 264-14, as amended by Resolution No. 519-14, and as further described in the Director's Report. The Council finds that the establishment of the proposed Improvement District will provide significant benefits to the health, safety and welfare of the residents of the Subdivision, including: a. The installation of underground sewer lines, constructed and installed in accordance with Department of Environmental Management standards, which will eliminate the need for private cesspools and septic systems, alleviate potential leachate problems to the ground water and near shore water quality, and provide residents with a reliable wastewater disposal system; and b. The installation of sewer system will afford compliance with U.S. EPA notices of violations relating to large -capacity cesspools. 2. Creation, Definition and Establishment of the Extent of the Improvement District. The Council hereby creates, defines, and establishes a Sewer System Improvement District consisting of all "assessment units" (as such term is defined in Item 6a below) located within the Subdivision, comprised of TMKs 7-5-003:022, 025, 026; TMKs 7- 5-004:036, 047, 048, 049; and TMKs 7-5-022:053, 056, 059, 060, 062, 063, 064, 069, 071, 076, 078 to 127, 129 to 171. The owners of assessment units within the Improvement District are those persons identified in the "Revised Assessment Roll" attached to this resolution as "Exhibit A." 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 the passage of a bond ordinance to finance the Improvement District. At that time, a final Assessment Roll of owners of assessment units within the