HomeMy WebLinkAboutBIL 098 Draft 01 2000-2002
COUI®TTY O~ ~IA~VAI`I STATE O~ IIA~VAI`I
SILL NO. 98
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 19, OF THE HAWAII COUNTY
CODE 1983 (1995 EDITION) RELATING TO REAL PROPERTY DISPOSITION.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 2, Article 19, "Real Property Disposition", is amended by adding
the following new sections to be numbered appropriately and to read as follows:
"Section 2 - 19~Iand torn clauses.
~ All rea~roperty agreements shall include clauses that address the following:
Public Purpose
Demise and Premise Descri tp ion
Expiration or Termination Date
Indemnification of the County of Hawaii
Current Insurance Polic~Stipulations
Current Tax-Exempt Status Designation, if applicable
Reporting Requirements
Repair and Maintenance Provisions.
Section 2 - .Central repository.
~ All executed real pro~erty documents wherein the counts a party including but not
limited to leases rental a rg_eements licenses permits and memorandums of agreement,
shall be filed with department of finance.
The finance director shall transmit a county tenancy report annually to the council by July
31 The county tenancy report shall list the name of the tenant, purpose, location by
address and tax map key number type of tenancyterm of tenanc~payment fee, status of
reporting and payments significant improvements by tenant and anv other information
the council or finance director may request."
SECTION 2. Chapter 2, Article 19, Section 2-114 is amended to read as follows:
"Section 2-114. Sale or lease by negotiation.
(a) Real property may be sold or leased through negotiation upon a finding by the council
that the public interest demands it and upon~proval of the minimum conditions and
selection criteria of the council.
(b) After a determination is made to negotiate the disposition, the finance director shall:
(1) Give public notice, in accordance with the procedure set forth in section 2-116 of
the County's intention to sell or lease real property through negotiation setting
forth the minimum conditions thereunder.
(2) Establish reasonable criteria for the selection of the buyer or lessee.
(3) Determine the applicants who meet the criteria for selection, and notify all
applicants of [hisj the determination. Any applicant may examine the basis of the
determination, which shall be in writing, to ascertain whether or not the
conditions and criteria established were followed; provided that if any applicant
does not notify the finance director of [his] the ap lip cant's objections, and the
grounds therefor, in writing within twenty days of the receipt of the notice, [he]
the applicant shall be barred from proceeding to seek legal remedy for any alleged
failure of the finance director to follow the conditions and criteria.
(4) If only one applicant meets the criteria for selection of the buyer or lessee, the
finance director may, after notice as provided in subsection (b)(3) of this section,
dispose of the real property by negotiation. If two or more applicants meet the
criteria for the selection of the buyer or lessee, the finance director shall select the
buyer or lessee who submits the highest offer contained in a sealed bid deposited
with the finance director.
The council may require in the initial resolution that the negotiated a r~ Bement be
accepted by the council."
SECTION 4. If any provision of this ordinance, or the application thereof to any person
of circumstance, is held invalid, such invalidity shall not affect other provisions or applications
of the ordinance which can be given effect without the invalid provision or application, and to
this end, the provisions of this ordinance are declared to be severable.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
. ~
C CILMEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1 S` Reading:
Date of 2°d Reading:
Effective Date:
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