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HomeMy WebLinkAboutBIL 311 Draft 03 2002-2004OFFICE INFORMATION ONLY Meeting: September 15, 2004 - Council Meeting (44th Session) Action: Filed Bill 311, Draft 3 PEMC Report 18 transmitted the above bill with a recommendation to "approve" the bill. Re: C-730.3/BILL 311, DRAFT 3/PEMC-18 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo ,Hawaii tnoacm z1 Introduced By: _ Lae Reynolds Datelntroduced. September 15, 2004 First Reading: September 15, 2004 Published: n/a RF.WARK5: Lack of aye votes at 1st reading on September 15, 20C4 - Close File. Note: Draft 4 was circulated but motion to amend with draft failed_) PFMC-18 was not adopted. Second Reading: To Mayor'. Returned. _ Effective: _ Published: REMARKS: _ ROLL CALL VOTE FA,,k.k, AYES NOES ABS EX Chung X ElanonwT X _ Ifolschuh X Jacobson X Tu).ang X Reynolds R Safari, X Tyler x ROLL CA LI. VOTE AYES NOES ABS EX Arakakt Chung Elanonoff Holschuh El Jacobson Tulam,_ Reynolds Safarik Tyler I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council publisher) as indicated above. APPROVED AS TO FORM AND LEGALITY: DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII Appro,erl/DLeapprooed an all of 20 MAYOR, COUNTY OF HA WAII COUNCIL CHAIRMAN COUNTY CLERK 311 (Draft 3) Bill No.: _ C-730.3/11EMC-18 Reference'. Out No.: s„,..dv Coy,„, ,a„v,awdr, .,I rmvmre,_ AN ORDINANCE AMENDING CHAPTER 21, OF THE HAWAI'1 COUNTY CODE 1983 (1995 EDITION), RELATING TO APPROVAL OF EXTENSIONS OF THE PUBLIC SEWER SYSTEM. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 21, Article 3, Division 4, section 21-26.1 is amended as follows: SECTION 2. Chapter 21. Article 3, Division 4, section 21-28 is amended to read as follows: Section 21-28. Payment of costs; construction by the applicant or by the County. (a) If the applicant chooses to construct the extension, then the applicant shall bear the total cost of the construction. However, the applicant may receive for ten years after completion of the extension one-half of all moneys for sewer charges collected by the County from other properties connecting to the extension provided the total of such reimbursement shall not exceed the cost incurred by the applicant to construct the sewer extension. [fie ] (b) If the applicant chooses for the County to construct the extension, the applicant shall elect to: (1) Pay the full cost for the extension and for ten years after completion of the extension receive all moneys for sewer charges collected by the County from other properties connecting to the extension. However, the total of such reimbursements shall not exceed the cost incurred to construct the extension. [ eenstigie-fien of sewer- extensions sh—all.-M.-u-iff-e the appr-eyal efthe County U., reselutiee]; or (2) Pay for one-half of the cost for the extension with the other half of the cost being paid by the County. If the applicant chooses this method of payment the director or designee shall make an estimate of the cost of construction and submit it to the applicant. If the applicant then deposits with the County a sum equal to one-half of such cost, then the matter shall be referred to the council [for- review,] and, subject to their approval and appropriation of the County's share of the costs. the extension shall be built as soon as possible. SECTION 3. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material and underscoring need not be included. SECTION 4. If any provision of this ordinance, or the application thereof to any person or 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. SETION 5. This ordinance shall tak Hawaii Date of Introduction Date of 1" Reading: Date of 2"d Reading: Effective Date: RUNCE: Comm. 730.3,,,,__„