HomeMy WebLinkAboutORD 1968-149BILL N0. 521
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE N0. 149
AN ORDINANCE PROVIDING FOR THE COST OF IMPROVEMENTS IN
"IMPROVEMENT DIS'T'RICT N0. 3 - OKINO SUBDIVISION," 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
HILO, 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 N0. 3 - OKINO
SUBDIVISION," Hilo, Hawaii, and the making of the proposed
improvements as set forth and referred to in Resolution No. 410
of 1966, directing Chief Engineer to submit preliminary report;
Resolution No. 224 of 1967 adopting the preliminary report of
Chief Engineer; Resolution No. 265 of 1967 creating, defining
and establishing Improvement District No. 3; Resolution No. 331
of 1968 adopting final reports of Chief Engineer; Resolution
No. 467 of 1968 conditionally accepting the bid of Yamada $
Sons, Inc.; written consents dated June 7, 10, 12, 14 and 21,
1968 to increase assessment; Resolution No. 479 of 1968
adopting Assessment Report of Chief Engineer, including
Corrected Map,...the. list of owners, lessees and occupants (so
far as known)., a Prel~nanary Assessment Roil 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
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made for a more particular and detailed description of said
Improvement District, the extent thereof, the location of
the respective parcels of land rated in the assessment and
the special benefits accruing or to accrue therefrom and by
this reference incorporated herein and made a part hereof.
SECTION 2. CONFIRNtING ASSESSMENT. Written consents
dated June 7, 10, 12_, 14 and 21, 1968, duly acknowledged as
required by law by the owners of more than sixty percent of
the area subject to assessment within this Impr wement
District having been filed with the County ~~lerk, approving
the lowest responsible bid which increases the rate of
assessment for construction of the road, drainage and other
improvements as shown on the Preliminary Assessment Roll
submitted by said Chief Engineer in his Assessment Report,
dated July 3, 1968, and no protests having been voiced at the
assessment hearing for this Improvement District held on
August 6, 1968, and after full and fair hearings having been
held in respect thereto, and the method of apportionment
heretofore proposed, it was found, and it is hereby specially
found and established that each and 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 July 3, 1968, 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 accompanying the Chief Engineer's
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Assessment Report of July 3, 1968, is hereby confirmed and
adopted as and for the assessment 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 bid
of Yamada & Sons, Inc., the lowest responsible bidder, for
constructing the road, drainage and other improvements in
place complete ($45,530.50), relocating utility poles ($1,105.00)
and the cost of land acquisition, engineering, surveys, inspection,
printing of bonds, advertising, and incidentals ($9,610.00)
is the total sum of FIFTY-SIX THOUSAND TWO HUNDRED FORTY-FIVE
AND 50/100 DOLLARS ($56,245.50); that the total proportion
of this total sum cost which is to be borne by the County of
Hawaii for 1/3 cost of the road improvements, relocation of
utility poles, land acquisition, printing of bonds, advertising
and incidentals ($18,281.82) and the full cost of engineering,
inspection and incidentals ($1,400.00) is the sum of NINETEEN
THOUSAND SIX HUNDRED EIGHTY-ONE AND 82/100 DOLLARS ($19,681.82);
and that the balance of THIRTY-SIX THOUSAND FIVE HUNDRED SIXTY-
THREE AND 68/100 DOLLARS ($36,563.68) is 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 to the total amounts heretofore
listed, advertised and computed according to the rates of
assessment hereinafter set forth.
SECTION 4. SPECIAL FUND. There is hereby created a
special fund to be known as "SPECIAL FUND FOR IMPROVEMENT
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DISTRICT NUMBER THREE - OKINO SUBDIVISION," and all moneys
collected by the County Treasurer of th e County of Hawaii for
assessments levied by this Ordinance, not required for the
payment of interest and sinking fund for bonds sold, and the
proceeds of all sales of bonds sold to cover the ¢st of
improvements in said Improvement District shall be placed in
the said SPECIAL FUND.
SECTION 5. ASSESSMENT RATE FOR GENERAL IMPROVEMENTS.
All properties within said Improvement District, created as
aforesaid, privately owned and not herein specifically exempted,
and the owners thereof respectively, are hereby assessed at a
uniform rate of $0.08869721 per square foot toward the cost of
road improvements as set forth in detail in said Preliminary
Assessment Roll and Corrected Map heretofore incorporated
herein, and including all improvements set forth in the
proceedings heretofore adopted and confirmed.
SECTION 6. PAYMENT OF ASSESSMENTS IN INSTALLMENTS. In
case of an election, either by act of the owner or other
interested party or by operation of law, to pay an assessment
in installments, the assessments herein made shall be due and
must be paid to said County Treasurer in twenty (20) equal
annual installments of principal, the first of said installments
of principal, together with interest at the rate of six per
cent (6%.) per annum, to be due and payable and must be paid
within thirty (30) days 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 (6~6) per annum, shall
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be due and payable annually thereafter, dating from the
date of the last publication of this Ordinance.
SECTION 7,
approval.
This Ordinance shall take effect upon its
INTRODUCED BY:
Hilo, Hawaii
Date of Introduction:
Date of Adoption:
., ,
/ ~.
i, uper sor, County o Hawaii
August 7, 1968
August 21, 1968
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ORDINANCE NO. 149
(Bill No. 521 - 1968)
AN ORDINANCE PROVIDING FOR THE COST OF IMPROVEMENTS IN
"IMPROVEMENT DISTRICT NO. 3 - OKINO SUBDIVISION," 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
HILO, HAWAII.
This Bill adopts, approves and confirms all and singular
the proceedings heretofore had and taken; confirms the
assessment rates; authorizes the cost of improvements of
FIFTY-SIX THOUSAND TWO HUNDRED FORTY-FIVE AND 50/100 DOLLARS
($56,245.50); creates a special fund; sets forth the
assessment rate for general improvements at $0.08869721
per square foot; and sets forth the method of payment of
assessments in installments for improvements in "Improvement
District No. 3 - Okino Subdivision", Hilo, Hawaii.
Date Introduced: August 7, 1968 - Date Approved:
August 21, 1968 - Date Effective: August 21, 1968.
Copies of the foregoing Ordinance, in full, are on
file in the Office of the County Clerk for use and examinatim
by the public.
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COUNTY CLERK
CUUNTY OF HAWAII