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Home My WebLink AboutBIL 069 Draft 01 2024-2026�J�tY OF M�1 COUNTY OF HAWAI`I •� �• art OFN'� ORDINANCE NO. STATE OF HAWAII BILL NO. 69 AN ORDINANCE PROVIDING FOR THE COST OF PUBLIC WATER SYSTEM IMPROVEMENTS IN "IMPROVEMENT DISTRICT NO. 21 — IKI PLACE WATER SYSTEM IMPROVEMENTS", FIXING THE PORTION OF THE COST TO BE ASSESSED AGAINST BENEFITED ASSESSMENT UNITS, ADOPTING A FINAL ASSESSMENT ROLL, IMPOSING AN ASSESSMENT LIEN AGAINST EACH ASSESSMENT UNIT ASSESSED ACCORDING TO THE ASSESSMENT, PROVIDING FOR PAYMENT OF ASSESSMENTS IN INSTALLMENTS, AND AUTHORIZING FURTHER ACTIONS BY THE DIRECTOR OF FINANCE. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: SECTION 1. Preliminary Proceedings Confirmed. The Council of the County of Hawaii (the "County") does hereby adopt, approve and confirm all and singular proceedings heretofore had and taken under Chapter 12, Hawai`i County Code 1983 (2016 Edition, as Amended) (the "Code"), with respect to the creation of "Improvement District No. 21 — Iki Place Water System Improvements" (the "Improvement District"), and the making of certain proposed public water system improvements (the "Improvements"), all as set forth and described in: (i) Resolution No. 634-16, entitled "A Resolution Relating to a Council Initiated Improvement District to Facilitate Construction of Permanent Improvements to Iki Place at Kohanaiki Homesteads, Kohanaiki, North Kona, Hawaii, including Improvement of the Water Distribution System to County Standards, in accordance with Chapter 12 of the Hawaii County Code 1983 (2005 Edition, as Amended) Relating to Improvements by Assessments" and adopted October 5, 2016; (ii) Resolution No. 164-23, entitled "A Resolution Proposing the Establishment of a Water System Improvement District for Iki Place, Kohanaiki Homesteads" and adopted June 21, 2023; (iii) Resolution No. 542-24, entitled "A Resolution of Determination to Proceed to Create and Define a Water System Improvement District for Iki Place, Kohanaiki Homesteads" and adopted June 19, 2024; and (iv) The Final Assessment Roll, attached as Exhibit "A" hereto; to all of which documents reference is hereby made for a more particular and detailed description of the Improvement District for Iki Place, Kohanaiki Homesteads, the extent thereof, the Improvements to be made, the respective subdivided parcels of land and condominium units to be assessed (each individually hereinafter referred to as an "Assessment Unit") and the special benefits accruing or to accrue therefrom, and all of which by this reference are hereby incorporated herein and made a part hereof. In the event any of the foregoing documents contain provisions inconsistent with the provisions of any other of the foregoing documents, the provisions of the document last adopted shall control. SECTION 2. Confirming Assessment. Pursuant to Section 12-29 of the Code and as set forth in the Final Assessment Roll, it is hereby specifically found and established that: (a) Each and every Assessment Unit in the Improvement District is or will be specially benefited by the Improvements; (b) The method of assessment, based upon equal division of the cost of the Improvements among the Assessment Units, fairly confers the special benefits of a county -dedicated water system among the owners of Assessment Units within the Improvement District; (c) Each and every Assessment Unit is or will be so benefited to the amount of the assessment proposed therefor in the Final Assessment Roll, and in fair proportion to the assessments on each and every other Assessment Unit subject to assessment in the Improvement District; and (d) The assessment as contained therein is hereby declared just and equitable. The proposed assessment as contained in the Final Assessment Roll is accordingly confirmed, adopted and approved as and for the assessment against the Assessment Units in the Improvement District. The amounts set forth in the Final Assessment Roll are hereby fixed as the portions of the cost of the Improvements which are hereby assessed against the benefited Assessment Units. As provided by Chapter 12 of the Code, the amounts of the assessments against the Assessment Units shall be a lien against each of the Assessment Units from the date of first publication of this ordinance. SECTION 3. Net Cost of Authorized Improvements. It is hereby found and declared that the total estimated cost of the authorized Improvements to be supported by the assessments against the Assessment Units, after deduction of other available funds (other than temporary advances of funds) used to fund the Improvements (the "Net Project Cost"), is Two Hundred Seventy -Five Thousand And No/100 Dollars ($275,000), which is expected to be paid from a proposed issue of the County's general obligation bond (the "Bond") in an amount not to exceed Two Hundred Seventy -Five Thousand and No/100 Dollars ($275,000) to the United States of America, acting by and through the United States Department of Agriculture Rural Development on behalf of the Rural Utilities Service ("USDA"). An amount equal to the Net Project Cost, together with interest and other costs and administrative expenses authorized to be charged against Assessment Units hereunder, is hereby charged, assessed and levied against, and shall be collected from the non -governmentally owned Assessment Units in the Improvement District (unless specifically exempted as set forth in the Final Assessment Roll) and the owners thereof, respectively. 0a SECTION 4. Special Fund. There is hereby created a special fund to be known as "Improvement District No. 21 — Iki Place Water System Improvements Fund", into which the funds for the Net Project Cost, as identified in Section 3 hereof, and all money collected by the Director of Finance for assessments levied by this ordinance shall be placed. Amounts so placed in the special fund shall be applied to pay or reimburse the County for: (i) The Net Project Costs of the authorized Improvements as provided in Section 6 hereof; (ii) Payments of the principal of and interest on the Bond; and (iii) Other costs and administrative expenses authorized to be charged against Assessment Units hereunder with respect to the Improvement District and the Bond. Amounts which are not applied or reasonably required to be reserved for such purposes shall be applied in accordance with the provisions of Chapter 12 of the Code. SECTION 5. Payment of Assessments; Installments. A property owner's assessment may be paid to the Director of Finance in full, without additional charges, at any time within thirty (30) days after the date of the last publication of this ordinance. Pursuant to Section 12-33 of the Code property owners who do not pay their assessments in full within such period will be deemed to have elected to pay their assessments in installments as hereinafter provided. In case of an election made or deemed to have been made (as aforesaid) to pay an assessment in installments, such assessment shall be due and must be paid to the Director of Finance over the thirty-five (35) year term of the Bond financing (through USDA) for the Improvement District: (a) Initially, in monthly installments of interest only for the first two (2) years; and (b) Subsequently, in approximately equal monthly installments of principal and interest for the remainder of the thirty-five (35) year term of the Bond financing. The rate of interest shall be the same as the rate of interest on the Bond. The first installment shall be due and payable on or after the date of the Bond closing, as determined by the Director of Finance. Property owners will be permitted to prepay the unpaid balance of their assessments in full, plus a three per cent (3%) premium on the amount to be prepaid (unless waived by the Director of Finance) and interest at the rate on the Bond until they can be redeemed with the assessment prepayment. The Director of Finance may alter the assessment interest rate, amount, frequency, or term to allow for adjustments if the Bond is refinanced, to make up for projected shortfalls, or for any reason to benefit or strengthen the special fund. The Director of Finance may implement a three (3) month prepayment penalty waived period upon thirty (30) days' written notice to property owners if the assessments are increased or otherwise modified to the detriment of the property owners. 3 The Director of Finance shall add the sum of four dollars ($4.00) to the total amount of each monthly installment, both principal and interest, to cover the expenses of collection. SECTION 6. Appropriation for Cost of Improvements. There is hereby appropriated from any moneys deposited in the Special Fund established by Section 4 hereof, all sums necessary to pay or reimburse the County, in accordance with applicable law, for the Net Project Cost of the Improvements and other payments, costs and expenses relating to the Improvements, the Improvement District and the Bond, including, without limitation the payments, costs and expenses specified in Section 3 hereof. SECTION 7. Authority of Director of Finance. The Director of Finance of the County is hereby authorized to take or direct the taking of all such actions as may be necessary or appropriate in order to collect and enforce the collection of the assessments authorized hereunder and otherwise implement and carry out this ordinance fully in accordance with its purpose and intent, all as permitted or required under Chapter 12 of the Code. SECTION 8. Severabilily. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 9. Effective Date. This ordinance shall take effect upon its approval. , Hawai`i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 388 COUNCIL MEMBEACOUNTY OF HAWAI`I M Exhibit A Iki Place Improvement District Final Assessment Roll FIXED TMK OWNER SITE ADDRESS MAILING ADDRESS ASSESSMENT 73019002 AUREN,DEAN TR 73-4518 IKI PL 73-4518 IKI PL KAILUA-KONA, HI 96740-8213 $ 15,277.78 73019003 KORONA,JOHN E JR TR IKI PLACE 511 S ST ASAPH ST ALEXANDRIA, VA 22314-4116 $ 15,277.78 73019004 FITZGERALD,NANCY 73-4526 IKI PLACE 73-4526 IKI PLACE KAILUA-KONA, HI 96740 $ 15,277.78 73019005 THATCHER, DERINDA L TR IKI PLACE PO BOX2044 KAILUA-KONA, HI 96745-2044 $ 15,277.78 73019006 ANDERSON,LEIFJOHN 73-45321KI PLACE 73-45321KI PL KAILUA-KONA, HI 96740-8213 $ 15,277.78 ANDERSON,KAIA KEARSTEN LEARNED,DAVID 73019007 OLD,DAVID W IKI PLACE PO BOX 5306 KAILUA-KONA, HI 96745-5306 $ 15,277.78 73019008 HECHT,DEBORAH ATR 73-45401KI PLACE PO BOX3395 KAILUA-KONA, HI 96745-3395 $ 15,277.78 73019009 SHERMAN,ANNIETSE 73-45441KI PLACE 74-4910 HAO KUNI PL UNIT KAILUA-KONA, HI 96745-8115 $ 15,277.78 73019010 THERIAULT,GARY 73-4550 IKI PLACE PO BOX 5519 KAILUA-KONA, HI 96745 $ 15,277.78 THERIAULT,ELIZABETH 73019012 RUTLEDGE,DANEEN TRUST 73-4547 IKI PLACE 73-4547 MAMALAHOA HWY KAILUA-KONA, HI 96740-8651 $ 15,277.78 73019013 BEN,GERALD A 73-4543 IKI PLACE 73-4543 MAMALAHOA HWY KAILUA-KONA, HI 96740 $ 15,277.78 FUKUMOTO-BEN,RENEE M 73019014 WITH ERSPOON,ANDREW G/BRYN L TR 73-4539 IKI PLACE 73-4539 IKI PL KAILUA-KONA, HI 96740-8212 $ 15,277.78 WITH ERSPO0N,ANDREW WITHERSPOON,BRYN 73019015 NANNESTAD,IEFFREY S/THOMSON,IANE LTR 73-4535 IKI PLACE 73-4535 IKI PL KAILUA-KONA, HI 96740 $15,277.78 THOMSON,JANE NANNESTAD,JEFFREY 73019016 KNOWLTON,ALEXANDER G 73-4531 IKI PLACE 73-4531 IKI PL KAILUA-KONA, HI 96740-8212 $15,277.78 CHRISTENSEN,ANN 73019017 DAVIDSON,TROY E JR 73-4529 IKI PL 73-4529 IKI PL KAILUA-KONA, HI 96740-8212 $ 15,277.78 73019018 TAMASHIRO,ERNEST/NAOMI TRST IKI PLACE 4250-C KANAELE RD KAPAA, HI 96746 $ 15,277.78 73019019 VAUGHN,ADAM DAVID 73-4521 IKI PLACE PO BOX 1671 KAILUA-KONA, HI 96745-1671 $ 15,277.78 DONAHUE,MARIE 73019020 MCCORSTIN,CHRISTYANN 73-45171KI PLACE 73-45171KI PLACE KAILUA-KONA, HI 96740-8212 $ 15,277.78