HomeMy WebLinkAboutORD 2009-033 2008-2010 i
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COUNTY OF HAWAII _ STATE OF HAWAII
BILL NO. 29
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ORDINANCE NO. 09 33
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 1. 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 hearing 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
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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 mariner provided in this chapter, provided that the council finds
that [the appraised value of the land in the distfiet (in aceefdanee with ...-,,....:1:«a
A ..1 instittAiafls f ' loans the n) at least t....
standards of appfaisal then used-by fithe estimated of ch rxa F;RVpOs°cd a'rinpiv'v 'cxn°c... nt and tl. ..t
ri.n vr such approval 1S In the
public interest. The council's findings shall be final and conclusive.
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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.
INT DUCED BY:
COUNCIL MEMBE CO F HAWAII
Kona Hawaii
Date of Introduction March 3, 2009
Date of Ist Reading March 3, 2009
Date of 2nd Reading March 18, 2009
Effective Date: April 1, 2009
REFERENCE: Comm. 131
2
OFFICE OF THE COUNTY CLERK
County of Hawaii
Kona Hawaii M9 BPR 3 A 1 .1 13
Introduced Be: Dominic Yagong ROCCitALL';VbT
- ,Ft n
Date Introduced: March 3, 2009 AVW1 41 NOES ABS EX
First Reading: March 3, 2009 Enriques X
Published: March 13, 2009 Ford X
Greenwell X
RE.711ARKS. Hoffmann X
Ikeda X
Naeole X
- Onishi X
- Yagong X
Yoshimoto X
Second Reading: March 18, 2009 8 0 1 0
To Mayor: March 27, 2009
Returned: -April 3, 2009 ROLL CALL VOTE
Fffective: April 1, 2009 AYES NOES ABS EX
Published: April 14, 2009 -
- Enriques X
Ford X
RE!U,I RKS.
Greenwell X
Hoffmann X
Ikeda X
Naeole X
- Onishi X
Yagong X
Yoshimoto x 1
9 0 0 0
:j
1 DO l!ERE8Y' CERTIFF" (hat the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND ALITY:
C'OUNC(L CHAIRPERSON
DEPUT ORPORATION COUNSEL
CO Y OF HAWAII
COUNTY CLERK
Date
Bill No.: 29
C-131/FC-31
Reference:
rl >>ed'Dic,q~ med hi.' _ dap
~,i - =00 Ord No.: 09 303
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