HomeMy WebLinkAboutRES 105 Draft 01 2020-2022A RESOLUTION TO INITIATE DESIGNATING AN IMPROVEMENT DISTRICT FOR PERMANENT IMPROVEMENTS OF ROADWAYS IN THE HAWAIIAN ACRES SUBDIVISION IN PUNA, HAWAIʻI, IN ACCORDANCE WITH CHAPTER 12
OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO IMPROVEMENTS BY ASSESSMENTS.
WHEREAS, the Hawaiian Acres Subdivision is a private subdivision platted before December 21, 1966 whose roadways are considered private roads and, as such, are ineligible for public
funding until brought to County standards as prescribed by Chapter 23, Article 6, Division 2 of the Hawai‘i County Code 1983 (2016 Edition, as amended) (hereinafter “the Code”); and
WHEREAS, an improvement district is a government tool to help a community help itself to upgrade substandard infrastructure that specially benefit the community; and
WHEREAS, a community survey completed in 2020 by the Hawaiian Acres Community Association had 714 respondents, 593 of whom favored initiating an improvement district to improve roadways
within the Hawaiian Acres Subdivision and both the Hawaiian Acres Community Association and the Hawaiian Acres Road Corporation composed a formal request, attached hereto by reference
as “Exhibit A”, to initiate an improvement district in the Hawaiian Acres Subdivision; and
WHEREAS, the County Council may create, define, establish and/or initiate improvement districts by resolution as prescribed by Chapter 12 of the Code; and
WHEREAS, Chapter 12, Article 1, Section 12-2 of the Code sets forth that the “County may issue and sell bonds to provide the funds for such improvements, which bonds shall be secured
by such assessments as a lien upon the assessment units assessed”; and
WHEREAS, the first requirement for creating an improvement district is for the Council to direct the responsible director, in this case the Director of the Department of Public Works,
to prepare and submit to the Council a report in accordance with Chapter 12, Article 2, Section 12-10(a) of the Code; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that the Director of the Department of Public Works is hereby directed to prepare and submit to the Council a report that assesses
designating an improvement district for permanent improvements of roadways in the Hawaiian Acres subdivision in Puna, Hawaiʻi and that contains the information as provided in Chapter
12, Article 2, Section 12-10(a), paragraphs 1-8 of the Code.
BE IT FURTHER RESOLVED that the aforementioned findings and reports be provided to the Council by the Director of the Department of Public Works no later than September 1, 2021.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to the Hawaiian Acres Community Association & Hawaiian Acres Road Corporation at P.O. Box 368, Kurtistown,
Hawaii 96760; the Director of the Department of Public Works; the Director of the Department of Finance; and the Office of Management.
Dated at _____________, Hawai‘i, this ______ day of ___________________,20___.
INTRODUCED BY:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
COUNTY COUNCIL
County of Hawai‘i
Hilo, Hawai‘i
ROLL CALL VOTE
AYES
NOES
ABS
EX
CHUNG
DAVID
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawai‘i on _____________________________________.
INABA
KĀNEALI‘I-KLEINFELDER
KIERKIEWICZ
KIMBALL
ATTEST:
LEE LOY
RICHARDS
VILLEGAS
Reference:________________________________________
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER
RESOLUTION NO.________________________________