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Home My WebLink AboutORD 1970-305BILL N0. 694 COUNTY OF HAWAII - STAT/E~OCF HAWAII ORDINANCE N0. M`?®~ AN ORDINANCE PROVIDING FOR THE COST OF IMPROVEMENTS IN "IMPROVEMENT DISTRICT N0. 7 - KIMO PLACE ROAD," 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 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 Improve- ment Statutes (Chapter 67, Hawaii Revised Statutes) with respect to the development, creation and establishment of "IMPROVEMENT DL'iTRICT N0. 7 - KIMO PLACE ROAD," Hilo, Hawaii, and the making of the proposed improvements as set forth and referred to in Resolution No. 590 of 1966, and Resolution No. 373 of 1968, directing Chief Engineer to submit preliminary report; Resolution No. 603 of 1968, adopting the preliminary report of the Chief Engineer; Resolution No. 24 of 1969, creating, defining and establishing Improvement District No. 7; Resolution No. 137 of 1969, adopting final reports of Chief Engineer; Resolution No. 173 of 1969, conditionally accepting the bid of Jas. W. Glover, Ltd.; written consents to accept the increase in assessment from thirteen (13) property owners of at least sixty per cent of the area to be assessed, all of which were filed with the County Clerk on November 25, 1969; Resolution No. 187 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 for a more particular and detailed descrip- tion 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 of thirteen (13) 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, approv- ing 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 December 24, 1969, and assessment hearing for this Improvement District having been held on February 4, 1970, and after full and fair hearings having been held in respect thereto, and the method of apportionment heretofore proposed, it was found, and i.t 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 December 24, 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 December 24, 1969, is hereby confirmed and adopted as and for the assessment. - 2 - 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 improvements in place complete ($99,516.00), including relocation of utility poles, and the cost of land acquisition, engineering, surveys, inspection, printing of bonds, advertising and incidentals ($42,506.80) is the total sum of ONE HUNDRED FORTY_7'WO THOUSAND TWENTY_TWO AND 80/100 DOLLARS ($142,022.80); 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 and water improvements, relocation of utility poles, land acquisition, printing of bonds, advertising and incidentals ($44,674.27), including $4,600.00 charge to Department of Water Supply and t:he full cost of engineer- ing, inspection and incidentals ($8,000.00) is the =gum of FIFTY-TWO THOUSAND SIX HUNDRED SEVENTY-FOUR AND 27/100 DOLLARS ($52,674.27); and that the balance of EIGHTY-NINE THOUSAND THREE HUNDRED FORTY-EIGHT AND 53/100 DOLLARS ($89,348..53) 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, anti 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 SEVEN- KIMO PLACE ROAD," and all moneys collected by the Treasurer, Department of Finance, 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 thf= cost of improvements - 3 - in said Improvement District shall be placed in the said SPECIAL FUND. SECTION 5. ASSESSMENT RATE FOR GENERAL IMPROVEMENTS. All proper- ties 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 $0.10223325 per square foot toward the cost of road improvements as set forth in detail in said Preliminary Assessment Roll and Corrected Map heretoforf> incorpo- rated herein, and including all improvements set forth in the proceedings heretofore adopted and confirmed. SECTION 6. ADDITIONAL ASSESSMENT. WATER SYSTEIM 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 $0.04039237 per square foot toward the cost of the water system improve- ment 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 of other interested party or by opera- tion 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.. - 4 - SECTION 8. This Ordinance shall take effect upon its approval. INTRODUCED SY: UN MAN, COUNTY 0 HAWAII Hilo, Hawaii Date of Introduction: February 18, 1970 Date of Adoption: March 11, 1970 - 5 - ORDINANCE N0. 305 (Bill No. 694-1970) AN ORDINANCE PROVIDING FOR THE COST OF IMPROVEMENTS IN "IMPROVEMENT DISTRICT N0. 7 - KIMO PLACE ROAD," 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. Date Approved: March 11, 1970 Date Effective: March 13, 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 March I1, 1970, by the following aye and no vote: AYES: Councilmen De Luz, Edwards, Greenwell, Matayoshi, Souza, Yadao, Yamada and Chairman Hisaoka - 8. NOES: None. ABSENT d EXCUSED; Councilman Carpenter - 1. COUNTY CLERK COUNTY OF HAWAII