HomeMy WebLinkAboutORD 1970-304BILL N0. 691
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE N0. ~$~~}
AN ORDINANCE PROVIDING FOR THE COST OF IMPROVEMENTS IN "IMPROVEMENT DISTRICT
N0. 5 - KISHI 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 KONA, HAWAII.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. PRELIMINARY PROCEEDINGS CONFIRMED. The Council of the
County of Hawaii does hereby adopt, approve and confirm all and singular
the proceedings heretofore had and taken under the Improvement Statutes
(Chapter 67, Hawaii Revised Statutes) with respect to the development,
creation and establishment of "IMPROVEMENT DISTRICT NCI. 5 - KISHI SUBDIVISION,"
Kona, Hawaii, and the making of the proposed improvements as set forth and
referred to in Resolution No. 491 of 1964 and Resolution No. 13 of 1967,
directing Chief Engineer to submit preliminary report; Resolution No. 554 of
1967, adopting the preliminary report of the Chief Engineer; Resolution No. 600
of 1968, creating, defining and establishing Improvement District No. 5;
Resolution No. 122 of 1969, adopting final reports of Chief Engineer;
Resolution No. 167 of 1969, conditionally accepting the bid of J. M. Tanaka
Construction, Inc.; written consents to accept the increase in assessment
from forty-five (45) property owners totaling 549,026 square feet or 63% of
the total assessable area, all of which were filed with the County Clerk on
October 24, 1969; Resolution No. 177 of 1969, 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 fora 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 by forty-five (45)
property owners, duly acknowledged 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 on October 24, 1969,
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 November 20, 1969, and no protests having been
voiced at the assessment hearing for this Improvement District held on
January 7, 1970, 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 the 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 November 20, 1969,
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
November 20, 1969, 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
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hereby assessed at a uniform rate of $0.1598515 per square foot toward the
cost of road improvements 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 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 $0.1158604
per square 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 Treasurer, Department of Finance, County of Hawaii,
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:
~ ~_ ~ -
Hilo, Hawaii UNC LMAN, COUNTY OF WAII
Date of Introduction: February 4, 1970
Date of Adoption: February 18, 1970
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ORDINANCE N0. 304
(Bill No. 691-1970)
AN ORDINANCE PROVIDING FOR THE COST OF IMPROVEMENTS IN "IMPROVEMENT
DISTRICT N0. 5 - KISHI 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 KONA, HAWAII.
Date Approved: February 18, 1970
Date Effective: February 26, 1970
Copies of the foregoing Ordinance, in full, are on file in the Office
of the County Clerk for use and examination by the public.
I hereby certify that the foregoing Ordinance passed second and final
reading at the meeting of the County Council on February 18, 1970, by the
following aye and no vote:
AYES: Councilmen Carpenter, De Luz, Edwards, Greenwell, Matayoshi,
Souza, Yadao, Yamada and Chairman Hisaoka - 9.
NOES: None.
41
COUNTY CLERK
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