HomeMy WebLinkAboutCOM 1133.000 1992-1994 •
Stephen K.Yamashiro
Mayor
o�Nty°F........... William G.Davis
`• ��
I Managing Director
} * Office of the Mayor Henry Cho
Deputy Managing Director
• County of Hawaii • 25 Aupuni Street,Ftm.215 • Hilo,Hawaii 96720 • (808)961-8211 • Fax(808)961-6553
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June 8, 1994
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Honorable Spencer Kalani Schutte a> :< r
Chairman, Hawaii County Council .
County of Hawaii = c.
25 Aupuni Street
Hilo, Hawaii 96720
RE: VETO OF BILL 247, COMMUNITY FACILITY DEVELOPMENT DISTRICTS
Dear Chairman Schutte:
Pursuant to Hawaii County Charter §3-12, I am disapproving the
above-noted bill and returning it to you.
This ordinance provides a means by which various improvements
can be financed by the County. The bill further provides that
these improvements can be privately owned if the Council finds
them to serve a public purpose. Such a provision provides an
opportunity for abuse, and a possible violation of the
constitutional prohibition against using the public credit,
directly or indirectly, for a private purpose.
The bill provides that funds created from its application might
be used to construct or improve any real property with an
estimated life of five years or longer . While Section -7
provides a list of beneficial public improvements which would
qualify this list is merely one of the examples . Conceivably,
this bill would permit public funds to be used for projects,
such as hotels . This would not only be unconstitional, but
would be bad policy. It must not be permitted.
In addition, this ordinance covers much the same ground as the
existing procedure for improvement by assessment . A major
difference is that it can be initiated by the owner or owners of
No.._ 4_33
ale o. c.c�� wa
Ref. Tos -othJClL
Ref. Date JUN 1 3 l991
Honorable Spencer ►lani Schutte.
June 8, 1994
Page 2
only twenty five per cent of the property in the district. In
other words, one big landowner could force assessments to
unwanted improvements on smaller neighbors . Once again, I see a
potential for abuse and equity which I cannot accept .
Sincerely,
PHEN K. Y SHIRO
Mayor, County of Hawaii
SKY:RW/bud; 0976
OFFICE INFORMATION ONLY •
Meeting: July 6 , 1994
Action: Bill 247 was overrode by at least 2/3 vote of majority,
and became Ord. 94-77 .
Re: C-1133/Bill 247/Ord. 94-77.