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Home My WebLink AboutORD 1968-150BILL N0. 522 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE N0. 150 AN ORDINANCE PROVIDING FOR THE COST OF IMPROVEMENTS IN "IMPROVEMENT DISTRICT N0. 4 - POHAKULANI STREET," AND FIXING THE PORTIONS OF THE COST TO BE ASSESSED AGAINST THE BENEFITED PROPERTIES AND AGAINST THE CXJNERS 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. 4 - POHAKULANI STREET," Hilo, Hawaii, and the making of the proposed improvements as set forth and referred to in Resolution No. 411 of 1966, directing Chief Engineer to submit preliminary report; Resolution No. 223 of 1967, adopting the preliminary report of the Chief Engineer; Resolution No. 264 of 1967, requesting Chief Engineer to amend preliminary report to include a water system; Resolution No. 341 of 1968, adopting the amended preliminary report of the Chief Engineer; Resolution No. 359 of 1968, creating, defining and establishing Improvement District No. 4; Resolution No. 417 of 1968, adopting final reports of Chief . __~____._.._~r~u Engineer; Resolutivnr,33o.r~~~ of 1968, conditionally accepting the bid of Jas. W. Glover, Ltd.; written consents dated June 17, 18, 19,"2b'2.~, 2'2 ~n~ 24, 1968, to increase assessment; Vad. Nv. ----..._._.__ File Nv..._.._.._....~ ~s. s, Ho. .379 -5`t'~. ,. ,,~ ,_ ,- ~ ,_. Resolution No. 478 of 1968, 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 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. CONFIRMING ASSESSMENT. Written consents dated June 17, 18, 19, 20, 21, 22 and 24, 1968, duly acknowl- edged as required by law by the owners of more than sixty percent of the area subject to assessment within this Improvement District having been filed with the County Clerk, approving the lowest responsible bid which increases the rates of assessment for construction of the road, water system, 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 assess- ment in said Improvement District is or will, be specially benefited by said improvements to the amount of and in fair -2- 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 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 Jas. W. Glover, Ltd., the lowest responsible bidder, for constructing the road, water system, drainage and other improve- ments in place complete ($60,514.00), relocating utility poles ($1,401.00) and the cost of land acquisition, engineering, surveys, inspection, printing of bonds, advertising and incidentals ($9,000.00) is the total sum of SEVENTY THOUSAND NINE HUNDRED FIFTEEN AND NO/100 DOLLARS ($70,915.00); 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 ($16,642.33) and the full cost of engineering, inspection and incidentals ($1,400.00} is the sum of EIGHTEEN THOUSAND FORTY- TWO AND 33/100 DOLLARS ($18,042.33); and that the balance of FIFTY-TWO THOUSAND EIGHT HUNDRED SEVENTY-TWO AND 67/100 DOLLARS -3- ($52,872.67) 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 DISTRICT NUMBER FOUR - POHAKULANI STREET," 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, and the proceeds of all sales of bonds sold to cover the cost 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 $0.0609466 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. ADDITIONAL ASSESSMENT. WATER SYSTEM IMPROVEMENT. All properties within said Improvement District created as aforesaid, privately owned and not herein specifically exempted, and the owners thereof respectively, are hereby further and separately assessed at a uniform rate of $0.0364694 per square -4- foot toward the cost of the water system improvement within said Improvement District, all as set forth in said Preliminary Assessment Roll and Corrected Map heretofore incorporated herein. SECTION 7. 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%) per annum, shall be due and payable annually thereafter, dating from the date of the last publication of this Ordinance. SECTION 8. This Ordinance shall take effect upon its approval. INTRODUCED BY: ~~~ ~~ ., IS R, C OF All Hilo, Hawaii Date of Introduction: August 7, 1968 Date of Adoption: August 21, 1968 -5- ORDINANCE NO. 150 (Bill No. 522 - 1968) AN ORDINANCE PROVIDING FOR THE COST OF IMPROVEMENTS IN "IMPROVEMENT DISTRICT NO. 4 - POHAKULANI STREET," 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, HAVTAII. 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 SEVENTY THOUSAND NINE HUNDRED FIFTEEN AND NO/100 DOLLARS ($70,915.00); creates a special fund; sets forth the assessment rate for general improvements at $0.0609466 per square foot; and sets forth the method of payment of assessments in installments for improvements in "Improvement District No. 4 - Pohakulani Street", 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 examination by the public. COUNTY CLERK COUNTY OF HAV~II i