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HomeMy WebLinkAboutORD 1970-308BILL N0. 697 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE N0. ~~~ AN ORDINANCE PROVIDIPJG FOR THE. COST OF IMRP.OVEh!FNTS IN "Ih^PROVEMFNT DISTRICT N0. 6 - HOONANEA 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, HP,WAII. BE IT ORDAINED BY THE COUNCIL OF THE OOIJNTY OF HAWAII: SECTION i. PRELH~4INARY 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 N0. 6 - HOONANEA STREET," Hilo, Hawaii, and the making of the proposed improvements as set forth and referred to in Resolution No. 589 of 1966 and Resolution No. 372 of 1968, directing Chief Engineer to submit preliminary report; Resolution No. 602 of 1968, adopting the preliminary report of the Chief Engineer; Resolution No. 23 of 1969, creating, defining and establishing Improvement District No. 6; Resolution No. 136 of 1969, adopting final reports of Chief Engineer; Resolution No. 188 of 1970, conditionally accepting the bid of Jas. l^~. Glover, Ltd.; written consents to accept the increase in assessment from nineteen (19) property owners of at least sixty per cent of the area to be assessed, all of which were filed with the County Clerk on December 7.3, 1969; Resolution No. 194 of 1970, adopting Assessment P.eport 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 of nineteen (19) property owners duly acknowledged as required by law by the owners of more than sixty per cent of the area subject to assessment within this Improvement ~i=_,trict 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 January 9, 1970, and assessment hearing for this Improvement District held on March 11, 1970, and after full and tair 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 fa4r proportion to the assessment proposed therefor in the Preliminary Assessment Roll, accompanying the Assessment Report dated January 9, 1970, and said assessment as contained therein is hereby declared just and equitable and variations °n 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 January 9, 1970, 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 improvements 2 - in place complete ($122,768.50), including relocation of utility poles and the cost of land acquisition, engineering, surveys, inspection, printing of bonds, advertising and incidentals ($46,981.60) is the total sum of ONE HUPJORFD SIXTY- NINE THOUSAND SEVEN HUNDRED FIFTY AND 10/100 DOLLARS ($169,750.10); that the total proportion of this total sum cost which is to be borne by the County of Hawaii for I/3 cost of the road improvements, relocation of utility poles, land acquisition, printing of bonds, advertising and incidentals ($54,01(1.70), including $5,100.00 charge to Department of Water Supply, and the full cost of engineering, inspection and incidentals ($8,000.00) is the sum of SIXTY-TWO THOUSAND SIXTEEN AND 70/IOO DOLLARS ($62,016.70); and that the balance of ONE HUNDRED SEVEN THOUSAND EIGHT HUNDRED THIRTY-THREE AND 40/100 D01_LARS ($107,833.40) is hereby charged, assessed and levied against, and shall he 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 IMPROVFPAENT DISTRICT NO. SIX - HOONANEA STREET," and all moneys collected by the Treasurer, Department of Finance, County of Hawaii, for assessments levied by thus Ordinance, not required for the payment of interest and sinking fund for bonds sold, and the proceeds of aIM sales of bonds sold to cover the cost of improvements in said Improvement Oi<.>trict shall be placed in the said SPECIAL FUND. SECTION 5. ASSESSMENT RATE FOR GENERAL IMPROVEMENTS. All properties within said Improvement District, created as atoresaid, privately owned and not herein specifically exempted, and the owners thereof respectively, are hereby assessed at a unitorm rate of $0.11067946 per square toot toward the cost of road improvements as set forth in detail in said Preliminary Assessment Roll - 3 - and Corrected Map heretofore incorporated herein, and including all improvements set torth 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 anri not herein specifically exempted, and the owners thereof respectively, are hereby further and separately assessed at a uniform rate of $0.03967081 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 Elawaii, in twenty (20) equal annual installments of principal, the first of said install- menu of principal, together with interest at the rate of six per cent (6°O per annum, to be due and payable and must he 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. INTRODIJCED RY: ~~ j/ ~. r i i /~ Hilo, Hawaii Date of Introduction Date of Adoption: COUNCILMAN, COUNTY OF H~IX March 11, 1970 March 25, 1970 - 4 - ORDINANCE N0. 308 (Bill No. 697-1970) AN ORDINANCE PROVIDING FOR THE COST OF IMPROVEMENTS IN "IMPROVEMEN'[' DISTRICT N0. 6 - HOONANEA 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, HAWAII. Date Approved: March 25, 1970 Date Effective: March 31, 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 25, 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. a~ ..__., ASttffMtN} ry MLII. rr • Def.APRrOV10: A1RC* 9s,if9o ~ '. DN1 EfNCWv1: NIIRM91, 1116 CIpNa N MI, lnrpppp OrtliMnn. M NII, Ir1 on flb In IM OMw N K,1 CWnty CINII bf HI Mtl.NymNINIM by fllf pu011c. tlNM11C ~ I ~ ~ bI1/1111y ~~ IM mNiMpqp~ 1fAf1~111tl YW WKSi r'rItlSKIN AUraI1fl.)Ml,MMf 4NKI99. CNNKII In voh: IYI IAEM AYES: CIVnc11mM CIf11nf1ir DI LVS. FIwY!~..-:417111WNL Mf/N,11111, SIVt1, YW~p,. YImW~, N~tl CTllrmen HbaNU~-I. -. NOES: NNN. TAOASNI fU2UK1 COUNTY CLE WK COUNTY OR NAWAII If9/f1 NaVWP TrltiyM'~NNNtl: ApYll ), COUNTY CLERK COUNTY OF HAWAII