HomeMy WebLinkAboutCOM 0597.002 2006-2008 ~v,w
Harry Kim c~ ~ William Taltaba
Mayor Direcmr
Nancy E. Crawford
. • Deputy Director
•~O! M•
County of Hawaii
Finance Department
25 Aupuni Street, Room 118 • Hilo, Hawaii 96720 r.. ,
(808) 961-8234 • Faz (808) 961-8248 -
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August 24, 2007
rv-
Pete Hoffmann, Chairman and
Members of the Hawaii County Council
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Re: BILL No. 150, Draft 2
We request that you replace Bill No. 150 with the enclosed Draft 2 of this same bill.
Bill No. 150 amends Chapter 32 Articles 2, 5, and 6 of the Hawaii County Code 1983
(2005 Edition, amended), relating to Community Facilities Districts. The purpose of this
measure is to amend Chapter 32 of the Hawaii County Code regarding required
appraisals of properties within community facilities districts established pursuant to such
chapter and to clarify the applicability of special taxes under such chapter to certain
leasehold and other possessory interests. However, when it was originally submitted, the
first sentence in the paragraph under section 32-54(a) contained references to fee title
interest, which should have been placed in the second sentence.
Draft 2 of Bill No. 150 corrects this clerical error. For information purposes, a ramseyer
version of the draft 2 changes of section 32-54(a), (deleted text is bracketed with
strikethrough and added text is underlined) is as follows:
If a public body owning property, including property held in trust for any beneficiary, which is
exempt from a special tax pursuant to section 32-53, directly or indirectly grants a leasehold
or other possessory interest in the property to a nonexempt person or entity, the special tax
shall, notwithstanding section 32-32 or 32-53 or any other provision of this chapter, be levied
and constitute a lien on ]the leasehold or possessory interest
and shall be payable by [ ' the owner of the
leasehold or possessory interest In addition, in the
case of property owned by a person or entity other than a public body, if such person or
entity directly or indirectly grants a leasehold or other possessory interest in the property to a
nonexempt person or entity, the applicable ordinance of formation, ordinance of
consideration or ordinance of annexation may provide, notwithstanding section 32-32 or 32-
53 or any other provision of this chapter, that the special tax shall be levied and constitute a
lien on either the fee title interest or the leasehold or other possessory interest in such
property and shall be payable by either the owner of the fee title interest or the owner of the
leasehold or possessory interest, as is specified in the applicable ordinance. r1
`~tt~ Ig 0~ .O r, eZ~ Comm. No. S a 1. L-
Hawai'i County is an Equal Opportunity Provider and Employer Ref. TOs CO Ul {1 G'.
Ref. Date AUG 2 7 2007
Pete Hoffmann, Chairman
and Members of the Hawaii County Council
Page 2
August 24, 2007
We apologize for any inconvenience that this change may cause. Should you have any
questions, please feel free to call Nancy Crawford, Deputy Director of Finance. Thank you
very much.
;.Q
Willia Takaba
Director of Finance
APPROVED:
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Harry Kim
°t, Mayor
Enc.