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Home My WebLink AboutORD 2003-156 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. q8 (Draft 2) ORDINANCE NO. ~3 lS~t AN ORDINANCE AMENDING CHAPTER 2, ARTICLE'. 19, OF THE HAWAII COUNTY CODE, 1983 (1995 EDITION) RELATING TO REAL PROPERTY DISPOSITION. BF, IT ORDAINED BY THE COUNCII. OF THG COUNTY OF HAWAI`l: SECTION 1. Chapter 2, Article l9. "Real Property Disposition", is amended by adding the following new sections to be numbered appropriately and to read as follows: "Section 2 - Minimum provisions and clauses. ~ All real property agreements shall include provisions that, at the minimum, address the following: Breach Compliance with Laws Condition of Premise Current Tax-Exempt Status Designation, if applicable Premise Description, including a tax map key number Duration including the Commencement and Termination Dates Fire and Liability Insurance Stipulations, including naming the county as an additionally insured and requiring county notification in case of policy cancellation. Hazardous Materials Improvements Indemnification of the County of Hawaii Lessee Reporting Requirements Liens Payment and renewal provisions Permitted Use Public Purpose Repair and Maintenance Responsibilities Utilities Section 2 - .Central repository. ~ All executed real property documents wherein the count~party including but not limited to leases rental agreements licenses permits and memorandums of agreement, shall be filed with the department of finance. The finance director shall transmit a county tenancy report annually to the council by Juiv 31. The county tenancy report shall list the name of the tenant purpose location address and tax map key number type of tenancy term of tenancy payment fee status of reportme and payments s~~mficant improvements by tenant and any other information the couna] or finance director may request " SEC'T'ION 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 approval of the minimum conditions and selection criteria ofthe 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 2-1 16 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 ~~his] 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 applicant's objections, and the grounds therefor, in writing within twenty days of the receipt ofthe notice, [hey 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 neeotiated at?reement 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. INTRODUCE; t . \r~~~~`Vi`~` COi~1VC .,MEMBER. - LINTY OF HAWAII twra, iawaii \~J Date of Introduction: p~overaber 5, 2003 Date of I" Reading: T;averiner 5, 2003 Date of 2"d Reading: ivoveenber 19, 2003 Effective Date: Decaaber 3, 2003 REPEkENCF: comm. _3~+-~ - . t OI'I'ICE OP THI~: COUNTY CLERK County oh 1 law\,~y[~['~~ad"}~J~([ ~i , - Hilo _HaW~~11 I'i '~~`I '03 DE _ - - - - y. - - - - ROIL CAI,I, VOTI? _ - IntroducedR J. Curtis Tyler, III _ Date Introduced: November 5, 2003 AYES NOES A13ti I:X FirstRcadina: November S, 2003 _ ~~:dkaki;i- i-I~~,1,~~C~~j X Published: November 16, 2003 ('hung X Elarionoff X HF.A-fARIIS, Holschuh X Jacobson - - X - - Rcynolds X Safarik X - - - - - lldang - - X _ - - - - I}ler X - ~ ~ - - - - fi-. Second Reading: November 19, 2003 - "hoMavor; November ,'.4, 2003 ~ ROI-I-CALLVO~T~E Rcwrned: December 3, 2003 nvr s NoLS nlis I~.x - - - - - I'.tlEUivc: December 2003 _ _ _ nial.aki - x Published: December 14, 2003 Chung X ElarionoiT X HF.D1.-iRti"S: ~ Holschuh-- - - - X - , - _ _ _ Jacobson - X - Reynolds X tiafarik X - - - - Tulmg X - - - - Ivlcr X - ~ 0 0 1 DU /lF,RFBY ('F,RTIFS' Ihul the forex>oing BILL irn,c ndn~~lec! by~ the ('a~mlr ('oi~nril published u.~ indicated shore ` APPROVED AS TO ~ FORM AND LEGALITY: (~N~L('lL1/K,11.IN DEPUTY CO ORATION COUNSEL COUNTY O HAWAII , C OUN77~ ('I.BXk' Date 2 Y ~ 98 (Draft 2 (200 L) 3 ~ I3itl No.: ~ (C-327/RiL1 ~~R,/20~IL) 17~7rrurr l)isuP7n~ured dris _ _ ~ _ dcn~ . C-397/FC-l6L Rclercnce: ~~l ~Z(c,~ ~ 'n o 3 - - % - - ~ Ord No.: ~Mi 'may - - - - }Y)R. (Y)UA~T1" OF /1.1 N :4//