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Home My WebLink AboutORD 1964-290BILL NO 329 COUNTY OF HAWAII -STATE OF HAWAII ORDINANCE NO. 290 AN ORDINANCE PROVIDING FOR THE COST OF IMPROVEMENTS IN "IMPROVEMENT DISTRICT NO. 1 - WAIOHINU," AND FIXING THE PORTIONS OF THE COST TO BE ASSESSED AGAINST THE BENEFITED PROPERTIES AND AGAINST THE OWNERS THEREOF RESPECTIVELY, AND IMPOSING THE LIEN AGAINST EACH LOT OR PARCEL OF LAND ASSESSED ACCORDING TO THE ASSESSMENT IN KAU, HAWAII. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF HAWAII: SECTION 1. PRELIMINARY PROCEEDINGS CONFIRMED. The Board of Supervisors does hereby adopt, approve and confirm all and singular the proceedings heretofore had and taken under the Improvement Statutes (Part IX of Chapter 146, Revised Laws of Hawaii 1955) with respect to the development, creation and establishment of "IMPROVEMENT DISTRICT NO. 1 - WAIOHINU," Kau, Hawaii, and the making of the proposed improvements as set forth and referred to in Petition and filed with the County Clerk on May 14, 1962, and amended by letter dated June 6, 1962, and in Resolution No. 546 dated June 6, 1962; Resolution No. 593 of 1962 creating, defining and establishing Improvement District No. 1; Resolutions Nos. 673 of 1962, and 492 of 1964 adopting final reports of Chief Engineer; Resolution No. 536 of 1964 conditionally accepting the bid of Kuwaye Brothers, Inc.; Resolution No. 550 of 1964 adopting Assessment Report of Chief Engineer, including Corrected Map, the list of owners, lessees and occupants (so far as known), a Preliminary Assessment Roll and Description of Properties, in respect of which notice and full public hearings have heretofore been given and held as required by said Improvement Statutes, to all of which reference is hereby made for a more particular and detailed description of said Improvement District, the extent therof, the location of the Ord. No. 290 File No. ______ M. B. No. _____ Date: NOV 2 3 1964 NOV 25 1964 respective parcels of land rated in the assessment and the special benefits accruing or to accrue therefrom by this reference incorporation herein and made a part hereof. SECTION 2. CONFIRMING ASSESSMENT. No protests having been voiced at the assessment hearing for this Improvement district held on November 18, 1964, and afte full and fair hearings having been held in respect thereto, and the method of apportiionment heretofore proposed, it is found, and it is hereby specially found and established that each an every parcel of land rated in or made subject to the assessment in said Improvement District is or will be specially benefited by said improvements to the amount of and in fair proportion to the assessment proposed therefor in the Preliminary Assessment Roll, accompanying the Assessment Report dated October 19, 1964, and said assessment as contained therein is hereby declared just and equitable and variations in shapes or depths of lots, if any, being immaterial so far as approximate benefits of this improvement are concerned. Therefore, the said proposed assessment as contained in the Preliminary Assessment Roll accompnaying tyhe Chief Engineer's Assessment Report of October 19, 1964, is hereby confirmed and adopted as and for the asessement against properties in said Improvement District and against the owners thereof respectively. SECTION 3. COST OF AUTHORIZED IMPROVEMENTS. That it is hereby found and declared that the total cost of the authorized improvements in said Improvement District based upon the bids of James W. Glover, Ltd., the lowest responsible bidder, for clearing the land ($27,000.00) and Kuwaye Brothers, Inc., the lowest responsible bidder, for constructing the paved streets, -2- Ord. No. 290 File No. ______ M. B. No. _____ Date: NOV 2 3 1964 NOV 25 1964 storm drainage system, water system, fire hydrants and other improvements in place complete ($1,087,927.00), an the cost of engineering, surveys, inspection, printing of bonds, advertising, overhead expenses and contingencies including bond discout ($334,836.00) is the total sumof ONE MILLIN FOUR HUNDRED FORTY NINE THOUSAND SEVEN HUNDRED SIXTY THREE DOLLARS ($,1449,763.00); that the total cost of hereby charged, assessed and levied against, and shall be collected from the properties in said Improvement District privately owned and not specifically exempted by this Ordinance, and the owners thereof respectively, according t the total amounts heretofore listed, advertised and computed according to the rates of assessment hereinafter st forth. SECTION 4. PRVIATE LAND NOT SPECIFICALLY ASSESSED. In accordance with paragraph II of the Petition, portion of the area of the golf course, commercial development and residential lots as shown o the Corrected Map and Preliminary Assessment Roll, dated October 19, 1964, and incorporated into the Chief Engineer's Assessment Report of October 19, 1964, shall not be specifically assessed herein even though said area lies within the Improvement District boundaries. SECTION 5. SPECIAL FUND. There is hereby created a speciall fund to be known as "SPECIAL FUND FOR IMPROVEMENT DISTRICT NUMBER ONE - WAIOHINU," and all moneys collected by the County Treasurer of the County of Hawaii for assessments levied by this Ordinance, not required for the payment of interest and sinking fund for bonds sold, an the proceeds of all sales f bonds sold tocover the cost of improvements in said Improvement District shall be placed in the said SPECIAL FUND. -3- Ord. No. 290 File No. ______ M. B. No. _____ Date: NOV 2 3 1964 NOV 25 1964 SECTON 6. REIMBURSEMENTS. Out of all moneys now or hereafter to become availalbe in the "SPECIAL FUND FOR IMPROVE- MENT DISTRICT NUMBER ON - WAIOHINU," the County of Hawaii shall be reimbursed for all moneys heretofore advanced for adverstising and incidental costs for said Improvement District and the sum of ONE MILLION FOUR HUNDRED FORTY NINE THOUSAND SEVEN HUNDRED SIXTY THREE DOLLARS ($1, 449,763.00) is hereby appropriate into an account to be known as "Cost of Improve- ments--Improvement District Number ONE," and in accordance with said Petition filed with the County Clerk on May 14, 1962, and amended by letter dated June 6, 1962, and the minutes of meetings of the Board, the sume of ONE HUNDRED THIRTY SIX THOUSAND SEVEN HUNDRED FIFTY SIX DOLLARS ($136,756.00) is hereby made available for the purpose of reimbursing the Petitioner (Mark Twain Estates, Inc.) for the cost of preparation of said Petition and money advanced for the clearing constract and engineering cost. SECTION 7. ASSESSMENT RATE FOR GENERAL IMPROVEMENTS. All properties within said Improvement District, created as afresaid privately owned and not herein specifically exempted, and the owners hereof respectively, are hereby assessed at a uniform rate of $0.1100082 per square foot toward the cost of general improvements and the prorated cost of engineering,surveys, inspection, printing of bonds, advertising, overhead expenses and contingencies including bond discount for said Improvement District, all as set forth in detail in said Preliminary Assess- ment Roll and Corrected Map heretofore incorporated herein, and including all improvements set forth in the proceedings heretofore adopted and confirmed. SECTION 8. PAYMENT OF ASSESSMENTS IN INSTALLMENTS. In case of an election, either by act of the owner or other interested -4- Ord. No. 290 File No. ______ M. B. No. _____ Date: NOV 2 3 1964 NOV 25 1964 party or by operation of law, to pay an assessment in installments, the assessment sherein made shall be due and must be paid to said County Treasurer in twenty (20) equal annual iinstallments of principal, the first of said install- ments of principal, together with interest at the rate of six per cent (6%) per annum, to be due and payable and must be paid one year after the date of the last publication of this Ordinance; and all subsequent installments of principal, together with interest on the whole of the unpaid balance of principal, at the rate of six per cent (6%) per annum, shall be due and payable annually thereafter onthe anniversay date of the last publication of this Ordinance. SECTION 9. This Ordinance shall take effect upon its approval. INTRODUCED BY: /signed/ ELIAS YADAO Supervisor, 1st Senatorial District. Hilo, Hawaii Date of Introduction: November 23, 1964 Date of Adoption: November 25, 1964 -5- Ord. No. 290 File No. ______ M. B. No. _____ Date: NOV 2 3 1964 NOV 25 1964 The foregoing Bill passed first reading at the meeting of the Board of Supervisors on November 23, 1964 by the following aye and no vote. AYES: Supervisors Higashihara, Hisaoka, Matayoshi, Osorio, Yadao and Chairman Hale - 6. NOES: Supervisor Greenwell - 1. /signed/ Margaret M. Kaaua COUNTY CLERK COUNTY OF HAWAII ' . I) \ ORDINANCE NO. 290 (Bill No. 329 - 1964) AN ORDINANCE PROVIDING FOR THE COST OF IMPROVEMENTS IN "IMPROVEMENT DISTRICT NO. 1 - WAIOHINU," AND FIXING THE PORTIONS OF THE COST TO BE ASSESSED AGAINST THE BENEFITED PROPERTIES AND AGAINST THE OWNERS THEREOF RESPECTIVELY, AND IMPOSING THE LIEN AGAINST EACH LOT OR PARCEL OF LAND ASSESSED ACCORDING TO THE ASSESSMENT IN KAU, HAWAII. This Bill confirms all and singular proceedings heretofore had and taken; confirms the assessment rate; authorizes the cost of improvements of ONE MILLION FOUR HUNDRED FORTY NINE THOUSAND SEVEN HUNDRED SIXTY THREE DOLLARS ( 1,449,763.00); does not specifically assess certain areas of the golf course, commercial development and residential lots; creates a special fund; sets forth the assessment rate for general improvements at $0.1100082 per square foot; and sets forth the method of payment of assessments in installments for improvements in "Improvement District No. 1 - Waiohinu," Kau, Hawaii. Date Introduced: November 23, 1964 - Date Approved: November 25, 1964 - Date Effective: November 25, 1964 Copies of the foregoing Ordinance, in full, are on file in the Office of the County Clerk for use and examination by the public. /signed/ Margaret M. Kaaua COUNTY CLERK COUNTY OF HAWAII November 25, 1964 Res. 565/Ord. 290 Mark Twaiin Estates, Inc. 546 El Camino Real Belmont, California Gentlemen: Re: Improvement District No. 1 - Waiohinu, Kau, Hawaii I am enclosing for your information certified copies of Ordinance No. 290 and Resolution No. 565 which you will find self-explanatory. The Ordinance and Resolution were adopted by the Board of Supervisors of the County of Hawaii at its meeting held today. Very truly yours, (Mrs.) Margaret M. Kaaua COUNTY CLERK Very truly yours, (Mrs.) Margaret M. Kaaua COUNTY CLERK ew:mh Enclosures; 2 cc: Mr. Tamotsu Tanaka