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Home My WebLink AboutORD 2007-146 2006-2008 /~~V ~ ~4 /G ry\ i ` COUNTY OF HAWAII ~~:yr. STATE OF HAWAII ,.~r{;a~~;" r BILL NO. 1so Draft 2 ORDINANCE NO. 146 AN ORDINANCE AMENDING CHAPTER 32 ARTICLES 2, 5 AND 6 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING TO COMMUNITY FACILITIES DISTRICTS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The purpose of this measure is to amend Chapter 32 of the Hawaii County Code regazding 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. SECTION 2. Chapter 32, Article 2, Section 32-18, Hawaii County Code 1983 (2005 Edition, as amended), relating to the institution of procedures, is amended to read as follows: Section 32-18. Institution of Procedures. (a) The procedure for the establishment of a district may be instituted by the council on its own initiative and shall be instituted by the council at its next regulaz meeting for which notice has not yet been given, after receipt by the clerk of a petition requesting the institution of the procedure signed by the landowners owning the requisite portion of the azea of the proposed district, as specified in pazagraph (d) of section 32-19, accompazried by the payment of a fee (if any) which the County determines is necessary to compensate the County for costs expected to be incurred by the County in conducting the procedure to create a district pursuant to this chapter. (b) No district shall be established unless the council finds that [the-appraised 1 C 1. 7 .7 ' •l.~i F~ n .....in«n.. ...:al- Y..n n:l:«b n~n...i.....in ..4' ......4 4~-.. n..a : u..4 nwa 11.n4 n .nb • w...... -w.«~...ru«. . v .u~ vuuu.a.w.. w... j....j.....-.- .j.~... T ~1] the establishment of such district is in the public interest. The council's findings shall be final and conclusive. SECTION 3. Article 2, Section 32-21, Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: Section 32-21. Reports of facilities. At the time of the adoption of the resolution of intention to establish a district, the council shall direct the director of public works, department of public works, or other appropriate department, officer or officers who is or will be responsible for providing or maintaining one or more of the proposed types of facilities to be financed by the district, if it is established, to study the proposed district and, at or before the time of the hearing (or within 60 days after adoption of the resolution of intention, or such eazlier date established by the council, if the hearing is waived pursuant to section 32-24), file a report with the council containing a brief description of the proposed facilities by type which will in their opinion be required to adequately meet the needs of the district, and their estimate of the cost of providing those facilities[, ~ _a a' a ~ t, ni~~«.. non-.an~an «F n« 4~u« Y- In prepazing the report, the department or officer may consult with other officers of the County or the State and with any financial feasibility or other consultant retained by the County or any property owner to assist in the procedure or otherwise available. If the purchase of completed facilities or the payment of incidental expenses is proposed, the council shall direct the appropriate officer to estimate the fair and reasonable cost of those facilities or incidental expenses. All of those reports shall be made a part of the record of the hearing on the resolution of intention to establish the district. SECTION 4. Chapter 32, Article 5, Section 32-54, Hawaii County Code 1983 (2005 Edition, as amended), is hereby amended to read as follows: Section 32-54. Levy of special tax on leasehold or possessory interest in [e~npt] Property[ ~ (a) 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 cha ter, 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 pronerty owned by a person or entity other than a public body, if such person or entity directly or indirectly exants a leasehold or other possessory interest in the property to a nonexempt uerson or entity the applicable ordinance of formation. 2 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. (b) When entering into a lease or other written contract creating a possessory interest that may be subject to taxation pursuant to subsection (a), the public body or other lessor or rg antor shall include, or cause to be included, in the contract a statement that the [~eperEy] possessory interest may be subject to special taxation pursuant to this chapter, and that the party in whom the possessory interest is vested may be subject to the payment of special taxes levied on the possessory interest. Failure to comply with the requirements of this section shall not, however, invalidate the contract or affect the validity or enforceability of the special tax or the obligation of the party in whom the possessory interest is vested to pay the special tax. Section 5. Chapter 32, Article 6, Section 32-57, Hawaii County Code 1983 (2005 Edition, as amended), is amended by adding a new section to be appropriately designated and to read as follows: (cl The principal amount of bonds issued and outstanding for a district pursuant to this article shall not exceed one-third of the value of the real property upon which a special tax is levied for payment of the debt service on the bonds. The "value of the real property" shall be the fair mazket value of the land and special improvements to be constructed within or financed by the district, as evidenced by an appraisal of the subject property made by a certified general real property appraiser who is a Member of the Appraisal Institute (MAIL or a reasonably comparable professional organization of real gropert~appraisers. Notwithstanding the foregoing, such requirement shall not apply if the council finds and determines by a vote of not less than two-thirds of its members that the proposed bond issue will assist materially in promoting significant public policies, programs or initiatives of the CountK SECTION 6. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material and underscoring need not be included. 3 SECTION 7. If any provision of this ordinance, or the application thereof to any person or circumstance is held invalid, such invalidity shall not effect other provisions or applications of the ordinance which can be given effect without the provision or application, and, to this end, the provisions ofthis ordinance are declared to be severable. SECTION 8. This ordinance shall take effect upon its approval. INTRO CED BY: (/W--_ COUNCIL MEMBER, C F HAWAII Kea , Hawaii Date of Introduction : Septenber 6, 2007 Date of 1st Reading Septanber 6, 2007 Date of 2nd Reading; Septanber 19, 2007 Effective Date: October 10, 2007 icctEkENCE~ Ccxntp. ~597.2~ 4 OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii (Draft 2) Introduced By: Dominic Yagong ROLL CAL V~jTE Date Introduced: September 6, 2007 S ' NbES ABS EX First Reading: September 6, 2007 Ford X Published: September 15, 2007 Higa X Hoffmann X REMARKS: Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimo[o X S 0 1 0 Second Reading: September 19, 2007 To Mayor: September 27, 2007 ROLL CALL VOTE Returned: October 10, 2007 AYES NOES ABS EX Effective: October 10, 2007 Ford X Published: October 18, 2007 Higa X Hoffmann X REMARKS: Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X S 0 1 0 1 DO HEREBYCERTIFYthat the foregoing BILL was ado ted b the Cou Council published as indicated above. APPROVED AS TO FOR AND LEGALITY: COU C/L ' DEPU ORPORATION UNSEL COUN Y OF HAWAII COUNT CLERK Date Oii'T - ~nn~ 150 (Draft 2) Bill No.: C-597.2/FC-155 Reference: A prove Disapproved this I ~ day Ord No.: Dol-~br„~ _,zo ~'I d2At1'OR, C'O ~ OF FIAWAI7