HomeMy WebLinkAboutBIL 029 Draft 01 2008-2010COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 29
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 32, ARTICLE 2, SECTION 32-24 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 I. Chapter 32 of the Hawaii County Code provides for the formation of
community facilities districts. Pursuant to Ordinance No. 07-146, Sections 32-18 and 57 of the
Hawaii County Code have heretofore been amended for the purpose of modifying the property
appraisal requirements specified in Chapter 32. The purpose of this measure is to amend Section
32-24 of the Hawaii County Code, pertaining to the waiver of notice and heazing by petition, so
as to eliminate an inconsistent reference to the property appraisal requirements for community
facilities districts and thereby give full effect to the modifications to such requirements
previously approved pursuant to Ordinance No. 07-146.
SECTION 2. Chapter 32, Article 2, Section 32-24 of the Hawaii County Code 1983
(2005 Edition, as amended), pertaining to the waiver of notice and hearing by petition, is
amended to read as follows:
Section 32-24. Waiver of notice and hearing by petition.
If a petition is filed by the owners of one hundred percent of the land in the
proposed district and by all lessees having a possessory interest in any property to be
included within the proposed district who, by the express terms of the lease, must pay the
special tax contemplated by this chapter (unless the owner or lessor shall, with the
petition, file a written waiver of the stipulation in the lease which requires the lessee to
pay the special tax to be levied in the proposed district and a written undertaking to pay
the special tax), then it shall be unnecessary for the council to provide any notice of the
hearing, or to conduct a public hearing under this chapter. The council may immediately
proceed to adopt an ordinance of formation pursuant to section 32-29 and to levy and
assess a special tax in the manner provided in this chapter, provided that the council finds
that ('~ , o r, , ,a ,, a- ~: ram o .:.,, Yr :,:..b
.• , - a c ~- a ~ ~z,* °~d=mat] such approval is in the
public interest. The council's findings shall be final and conclusive.
SECTION 3. Material to be repealed is bracketed and stricken.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.
SECTION 4. 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 of this ordinance are declared to be severable.
SECTION 5. This ordinance shall take effect upon its approval.
BY:
COUNCIL MEMBE~2,~COi(~:"~I'JbF HAWAII
Hawaii
Date of Introduction
Date of 1st Reading
Date of 2nd Reading
Effective Date:
REFERENCE, Cantu, 131
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