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HomeMy WebLinkAboutORD 1970-350. ~~.:.a,.., BILL NO. F COUNTY OF HAWAII - STACTE OF HAWAII .: :ZeA~ ORDINANCE NO. AN ORDINANCE ADOPTING THE PROVISIONS FOR IMPROVEMENTS BY ASSESSMENT. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. In accordance to the provisions of Article XII, Special Assessment Improvements of the County Charter, the following shall be the ORDINANCE FOR IMPROVEMENT BY ASSESSMENT . ARTICLE 1. General Provisions. 1.1 Definitions. Whenever used in this ordinance: (a) "Improvement District" means and includes any area within the County of Hawaii which has been designated by the Council as an Improvement District for the purposes of this ordinance. (b) "Council" means the legislative body of the County of Hawaii. (c) "County" means County of Hawaii. (d) The terms of expressions "Special Improvement," "Improvement," the "Making of a Special Improvement," "Make any Special Improvement" and equivalent expressions, mean and include any one or more or any combination of any of the following: (1) The establishment, opening, extension, widening or altering of any street, alley or other highway, or sidewalk; (2) The grading, paving, curbing, macadamizing or otherwise improving of the whole or any part of any existing public street, alley, or other highway or sidewalk; (3) The construction of a storm drainage system; (4) The construction of any sanitary sewerage system; (5) The construction of a street lighting system; (6) The construction of a water system; (7) The construction and installation of underground utility facilities and the removal, relocation, replacement or reconstruction of the utility facilities required to be placed underground. (e) "Cost" means the cost, either estimated or actual, as the case may be of the improvements to be opened, constructed, or improved in proceedings taken pursuant to this ordinance for which assessments are to be levied. There may be included within the definition of "cost" amounts for construction contingencies, bond discounts, reserve funds, fees of financial, legal, engineering and surveying consultants. (f) "Incidentals" mean expenses incurred by the County in carrying out proceedings pursuant to this ordinance for preparation of maps, notices, and other documents; posting, mailing and publication costs; preparation and printing of bonds, bond registers and transfer books; fees of financial, legal engineering and surveying consultants; and such other miscellaneous expenses incurred by the County which relate directly to the proceedings. -2- (g) "Premium" means any of the following: (1) An amount payable by a property owner at the time he makes an advance payment of unpaid installments of his assessment in accordance with the provision of Section 4.7 which amount is in addition to the unpaid principal amount of his assessment and the interest thereon to the next subsequent annual date for the payment of installments; (2) An amount payable to the holder of a bond issued pursuant to this ordinance which is called by the Director of Finance for payment before maturity in accordance with the provisions of Section 5.5, and which is in addition to the face amount of such bond and the interest thereon payable to such bondholder; (3) An amount paid by the purchaser of the bonds in excess of the par value of the bonds; (4) Premium under sub-section (1) above may not exceed five per cent (5%) of the unpaid amount; and under sub- section (2) above the premium may not exceed five per cent (5%) of the face amount of the bond. 1.2 Method. Whenever in the opinion of the Council it is desirable to make any special improvement, as hereinabove defined, in any improvement district, such special improvement shall be made and done under the provisions of this ordinance; and the cost thereof, including the cost (if not assumed by the county -3- in the manner provided by section 2.1) of acquiring, whether prior to or after the commencement of the proceedings for such improvements, any new land therefor, shall be assessed against the land specially benefited, either on a frontage basis or according to area of the land within an improvement district or on both an area and frontage basis; and the county may issue and sell bonds to provide the funds for such improve- ments, which bonds shall be secured by such assessments as a lien upon the lands assessed; and for such purpose the Council may create, define and establish frontage improvements or improvement districts; all according to the provisions of this ordinance. 1.3 Sewers, limitations. For the construction of sanitary sewerage systems the lands specially benefited by such improvement shall be assessed according to the area of the lands within an improvement district at the rate of not more than 4 cents per square foot, and the balance of the costs shall be borne by the county, except that, where the construction of any such system is initiated under sections 3.3 or 3.4, the total cost thereof shall be assessed against the lands specially benefited. 1.4 Improvements in other areas. In districts other than the designated improvement districts as defined in section 1.1, the construction of any of the improvements provided for by this ordinance may be -4 - initiated by petition as and in the manner prescribed by sections 3.3 and 3.4. 1.5 Public land or land exempt from taxation, etc.; cost otherwise assessable against borne by county. Whenever any public land, or any land by law exempted from assessments of the character provided for in this ordinance, forms part of any improvemrent district or fronts upon or is situated with relation to any special improvement or area to be so improved in such manner that such land would, if privately owned or not exempt from such assessment, be subject to assessment, the Council shall, nevertheless, without assessing such public or exempted land for any part of the cost of such improvements, by general ordinance appropriate and pay toward such improvements out of general revenues the portion of the cost thereof which would otherwise be assessable against the same in lump sum, or, at the election of the Council, in such equal installments with such interest thereon as the Council shall determine. In the event, however, any part or parts of such exempt lands as desc~ ibed in the preceding sentence, except public lands, may be required for right-of-way or easement purposes within such improvement districts the value thereof shall be chargeable to the improvement district, and upon acquisition the owner shall be compensated therefor in the following manner: (1) where the value of the part taken together with any severance damages exceeds the portion -5- of the cost of the improvements which would otherwise be assessable against the exempt land, the county shall pay the difference to the owner or owners; (2) where the value is less than the portion of the cost of improvements which would otherwise be assessable against such exempt lands, the value of the land shall be deducted therefrom and the county shall pay the balance of the assessment as provided herein. With respect to any such proposed improvement where any part of the cost is thus to be borne by the county, the Council shall have the same right of approval or protest as though the county were the private owner of the public or exempted land so involved. As to such expenditure for public and exempt lands, the county shall be entitled to be reimbursed out of state revenues by appropriations to be made from time to time by the legislature to the extent of fifty per cent of all assessments regularly apportioned against persons, corporations or entities, which are part of any improvement district or frontage improvement and are exempted by law from the payment of such assessments. The county shall be entitled to be likewise reimbursed for the full amount of assessments regularly apportioned against public lands which are a part of any improvement district or frontage improvement, which public lands are owned in fee simple by the United States, or by the State, and which are not set aside for schools maintained by the county, or for county parks, or for other county purposes or for street areas -6- or frontages; provided, that in case any land exempted by law from assessments as herein provided, other than public land, or any part thereof, is sold or leased after the establishment of a frontage improvement or an improvement district, the grantee in the one case and the lessor in the other, shall assume the payment of assessments from the date of such sale or lease in the same manner as if the property had not been exempted from assessments and as if assessments apportionable against the property had been paid in installments to such date of sale or lease; and that all payments received from such grantee or lessor, as the case may be, shall be paid into the permanent improvement fund. Nothing in this section shall be taken to prejudice any rights of the State to reimbursement from the United States for assessments herein assumed by the State, but the latter shall be subrogated to the rights of the county on such assessments so assumed. ARTICLE 2. Costs. 2.1 Certain costs to be borne by county. Except as otherwise provided in this ordinance, the county shall pay out of any funds available for such purposes the entire cost of engineering, incidentals and inspection, and in case of a frontage improvement the cost assessable against the frontage or frontages of any adjoining or cross street or in case of an area improvement district, the cost of improving the area common to both streets at the intersection of any -7- cross street or one-half of the area opposite the intersection of any adjoining street, and thirty-three and one-third per cent of the total cost of general improvements (excluding engineering, incidentals and inspection) upon or along all main or general thoroughfares and upon or along all other streets or highways, except where improvements are initiated under sections 3.3 or 3.4; provided that in the case of a main or general thoroughfare, as hereinafter defined, the county shall assume and pay out of available funds all costs of acquiring all land necessary for roadway in excess of sixty feet in width, and all costs of pavement in excess of twenty feet in width; provided, further, it shall be lawful for the county to assume and pay out of such available funds the cost of widening any street or highway in any district where the costs of construction of the street or highway to be widened were assessed against the lands benefited by such construction in the manner provided by this ordinance. Amain or general thoroughfare within the meaning hereof is any street or highway as is subjected to more than ordinary traffic and travel by the general public or which serves as a generally necessary connecting thoroughfare between substantially different or naturally separated localities or sections of the county. The Council whenever in its judgment the interest of the county will be best served and to protect the county from -8- claims for damages from surface waters, may provide for the collection and disposition of storm waters by proceeding independently of any other improvement proceedings, and, in either event, pay the whole or any part of the cost thereof out of available funds, or may assess the whole or any part of the cost thereof according to the benefits arising there- from and in the manner provided for apportioning assessments for special improvements. It shall be lawful for the county to assume and pay out of such available funds all or any part of the cost of acquiring any new land required for any improve- ment under the provisions of this ordinance. ARTICLE 3. Procedures. 3.1 Initial procedure. The Council shall, by resolution requiring not more than one reading for its adoption, direct the chief engineer, department of public works, to investigate and report to the Council preliminary data concerning the special improvement proposed to be opened, constructed, or improved, the general character and extent of any improvement to be proposed, whether such improvement should be proposed on a frontage or an area basis, whether any new land will be necessary to be acquired, and the estimated cost thereof and the proportion of the cost which should be borne by the county, the materials recommended to meet the conditions of the improvement the boundaries of the improvement to be proposed and any sub- districts or zones therein as to which different portions of -g- the cost should be charged, the estimated cost of the improvement, the portions of the cost to be borne by the county, and the portions of the cost to be specifically assessed against the lands specially benefited with the maximum unit of assessment to be made against the property posed, and to prepare and furnish all necessary drawings and other data, details, and specifications for the improvements and any other matters or details intended to apply thereto. The report, when so furnished and filed with the Council, shall not be acted upon until one week has elapsed from the date of the filing of the same. If the proposed improvement includes the construction or improvement of a water system or the laying or installation of conduits, pipes, hydrants, or any appliance for supplying or distributing a water supply, the chief engineer shall obtain from the Department of Water Supply preliminary plans and estimates for such proposed water system, and the engineer shall furnish the Department of Water Supply with such preliminary plans of the proposed improvement as will enable the Department of Water Supply to make its plans and estimates for the proposed water system. The chief engineer shall incorporate such preliminary plans and estimates of the Department of Water Supply in his report to the Council. Thereafter the Council may, by resolution requiring one reading for its adoption, propose the making of an improvement or improvements specifying the streets, storm drainage, sanitary -10- sewerage system, water system or street lighting system, or combination thereof, to be opened, constructed, or improved; the area, owners, so far as known, and general description and location of new land to be acquired, if any; the materials proposed to be used; the proposed method of assessment including the minimum number of installment payments to be proposed; the maximum term of assessment bonds to be issued to represent unpaid installments; the maximum rate of interest to be borne by said bonds; the premium required to be paid on the advance payment of installments or the call and redemption of any bond prior to its maturity; the amount of the reserve fund either as set forth in the report of the chief engineer or as otherwise determined by the Council; the general boundaries of the district or frontage, subdistricts and zones to be assessed; and the maximum estimated unit of assessment. The Council may adopt the plans and estimates so furnished by the Department of water Supply and incorporated in the report of the chief engineer. If the plans and estimates of the Department of Water Supply are adopted by the Council, the plans and estimates shall be referred to and incorporated by reference in such resolution. The resolution shall refer to and incorporate by reference such surveys, plans, maps, and other data reported by the chief engineer as are approved by the Council. The resolution shall also fix a date of public hearing upon the proposed improvement, which date shall be not less than -11- fifteen days after the first publication of notice thereof in a newspaper of general circulation in the county. After the adoption of the resolution, the county clerk shall cause a notice of the public hearing to be published twice a week for two successive weeks (four publications in all) in a newspaper of general circulation in the county, giving notice, generally, to all owners, lessees, and occupants of land proposed to be assessed or acquired and to all others interested in the general details of the proposed improvements as adopted by the Council and stating the time and place of public hearing and where the resolution and reports and other data may be seen and examined prior to the hearings. Like notices shall be posted conspicuously at least ten days prior to the hearing approximately every two hundred and fifty feet along the highway or highways proposed to be opened or improved. A similar notice of public hearing shall be mailed to all owners, lessees, and occupants of land proposed to be assessed at least two weeks prior to the hearing. Said notice shall contain, in addition to the material contained in the published and posted notices, a description of the property of such owner, lessee, or occupant of land set forth in such manner as to enable such owner, lessee, or occupant to identify same, together with a statement that the property described on said notice is proposed to be assessed to pay for a portion of the cost of the proposed improvements. In case of a storm -12- drainage, sanitary sewerage, water or street lighting system proposed to be constructed or improved independently, like notices shall be posted conspicuously at various places within the area or along the frontage to be assessed. Affidavits of publication both in the newspaper and along the route of improvement, respectively, shall be filed with the Council at the hearing. 3.1.1 Report of Chief Engineer. In preparing the report required by section 3.1, the chief engineer may consult with the County Director of Finance or with such financial consultant as has been specially employed by the Council to assist in the proceedings or who may otherwise be available to the Council, at the direction of the Council. Upon the written advice and recommendation of the Director of Finance or of such a financial consultant, the chief engineer may include such sums as he deems proper for reserve funds, bond discount allowances, and construction contingencies in determining his estimate of the project cost and the amount to be assessed therefor. 3.2 Protests, objections, suggestions. Any owner of property proposed to be assessed may at any time prior to or at the public hearing file in writing, with the Council, any protest, objection or suggestions as to the proposed improvement, stating briefly his reason therefor, or present the same in person orally, at the public hearing. If fifty-five per cent of the property owners of the total -13- frontage or area to be assessed for such improvements, at the hearing or prior thereto, file with the Council written protests, duly acknowledged by such owners, against the making of the improvements or against any part of the plan therefor, the same shall not be made contrary to the protest. If the protest is against the making of any improvement, the same shall not be made, and the proceedings shall not be renewed within six months from the date of closing the public hearing, unless each and every owner protesting withdraws his protest. Any lessee of any property to be assessed under this ordinance, who by the express terms of his lease must pay the kind of assess- ments contemplated by this part shall be subrogated to all the rights of such owner to protest by filing with the Council prior to or at the hearing a certified copy of his lease, together with a citation of the book and page of the public reocrd of the same if it is recorded; provided, that any lessor of such lessee, or any owner of the property to be assessed, may, at any time before the closing of the public hearing, make void the protest or the rights of protest of any lessee of the property on consideration of filing with the Council a duly acknowledged waiver of the stipulation in the lease which required the lessee to pay the special assessment, and a written undertaking by the lessor or owner to pay the special assessment to be made under the proposed improvement. -14- 3.2.1 Waiver of objections. All objections to any act or proceeding occurring prior to the time within which such objections are permitted to be filed in relation to the work, not made in writing and in the manner and at the time specified, shall be waived if the notices required by section 3.1 have been actually mailed, published and posted as required by law. 3.3 Petition of owners. If the owners of not less than sixty per cent of the frontage upon any street, alley or highway designated by them, or of sixty per cent of the area of land designated by them as a proposed improvement district, file with the Council a petition duly acknowledged by the owners requesting the construction of special improvements, together with the surveys, maps, plans and other preliminary data and estimates mentioned in section 3.1 in the case of a proceeding initiated by the Council, the Council shall thereupon proceed thereon in the same manner as though the plan for such improvements had been initiated on its own motion; and the cost of the preliminary surveys, maps and other data, if not in excess of the estimate therefor stated in the petition, shall be deemed part of the cost of the improvement; provided, that upon such petition the Council shall not have the power to abandon the proceedings or make any change or modification of the plans or the details or specifications for the proposed improvements without the -15- written and duly acknowledged consent of the owners of not less than sixty per cent of the frontage or area of the land to be assessed; except that the Council may decline to acquiesce in or may modify any part of the plan which contemplates the payment by the county of any part of the cost of acquiring new land or of any part of the cost of improving any main or general thoroughfare, and in such event, if the owners of not less than sixty per cent of the frontage or property to be assessed acquiesce in writing in the change or modification, the Council shall be bound to proceed with the plan as so modified. 3.4 Petition by owners of one hundred per cent of frontage or area. If a petition is filed and is acknowledged by the owners of one hundred per cent of the frontage upon any street, alley, or highway or of the area of land designated by them as a proposed improvement district, and by all lessees of any property to be assessed under this ordinance, who, by the express terms of the lease, must pay the kind of assessment contemplated by this ordinance, unless the lessor shall, with the petition, file a duly acknowledged waiver of the stipulation in the lease which requires the lessee to pay the special assessments to be made under the proposed improvement, then the Council shall proceed in the same manner as though the plan for the improvement had been initiated on its own motion, excepting -16- that it shall be unnecessary for the Council to give, publish, mail, or post notices of the proposed improvements, as provided for in section 3.1; and in the case of a petition acknowledged by the owners of one hundred per cent as aforesaid, section 3.2 shall be inapplicable thereto, any other provision or section to the contrary notwithstanding; and in the case the owners of one hundred per cent as aforesaid, in writing, consent to the amount and apportionment of the proposed assessments for such improvements, it shall be unnecessary to give the notice or to hold the hearing specified by section 3.8; and the Council may immediately proceed to fix the assessment or assessments in the manner provided by section 4.1. No such improvement shall be approved by the Council unless: (1) the assessed valuation for taxation purposes of the land to be improved is twice the estimated cost of the proposed improvement, or (2) the Council by resolution finds the appraised value of such land in accordance with prevailing standards of appraisal then used by banks for loans thereon is twice the estimated cost of the proposed improvement and that such approval is in the public interest. 3.5 Determination by Councilmen. After the hearing provided in section 3.1, the Council shall consider any protests, objections or suggestions which may have been made or filed and whether sufficient valid protests have been filed to compel it to abandon any part or -17- all of the proposed improvement. If the Council still has jurisdiction to continue it shall then proceed, determine whether or not the proposed improvement shall be made as proposed, or made with modifications, and in the latter event modifications or changes, not substantially reducing the frontage or area to be assessed, and not increasing the maximum estimated unit of assessment, or lessening the unit cost per front foot or square foot may be made without again giving notice of a hearing as provided in section 3.1; provided, such modifications or changes shall not materially alter the general character or plan so advertised; and provided further, that no modification of or change in the plans and estimates furnished by the Department of Water Supply shall be made without the consent of such Department of Water Supply. If, after such initial or further advertisement and hearing when no changes are made which will require further advertisement or hearing, the Council determines to proceed with the improvements, it shall, by resolution requiring not more than one reading for its adoption, create, define and establish the extent of the frontage improvement or the improve- ment district to be assessed, as the case may be, and define the kind, extent and general details of the proposed improvements, describe each parcel of land to be acquired, if any, declare the part or proportion of the cost of the improvement which is to be borne by the county as aforesaid, the method of assessment, and the kinds of materials to be used, and by the -18- resolution further direct the chief engineer to prepare a corrected map of the highway or highways to be improved showing the abutting lands, or of the improvement district showing the highways therein to be improved, or the special improvements to be constructed or improved, as the case may be, and showing the exact location of the improvements, together with final details, plans and specifications for the work; all in such form as will readily permit and encourage genuine competition between contractors in so far as the materials specified will permit of such competition; and the same, when by resolution similarly approved and adopted by the Council, shall be used as the basis for the calling of bids and awarding of a contract or contracts for the work as hereinafter provided. If the proposed improvement includes the construction or improvement of a water system as aforesaid, the Council shall by resolution request the Department of Water Supply to furnish final detail plans and specifications for such water system for such proposed improvement, including plans and specifications for adequate and appropriate conduits, pipes, hydrants and other appurtenances (including reservoirs and booster pumps) necessary for supplying and distributing the water supply for such proposed improvement, and such resolution shall also direct the chief engineer, department of public works, to furnish the Department of Water Supply with such copies of the final surveys, maps and plans covering the proposed -19- improvements, other than for such water system, as may be necessary to enable the Department of Water Supply to prepare the final plans and specifications for such water system. The Department of Water Supply shall furnish such final plans and specifications when so requested; provided, that the Department of Water Supply may refuse to furnish such plans and specifications where funds for the amount the county is obliged to pay towards the contract price have not been included in the budget of the county for such year. Such final plans and specifications so furnished by the Department of Water Supply shall be incorporated in the resolution adopted by the Council and shall be used as the basis for the calling of bids and awarding of a contract or contracts for such work. In case the improvements so determined upon require the acquisition of any new land therefor, the Council shall acquire the same before final award of the contract, either by deed, or other voluntary conveyance from the owners thereof, or it may, at its option, and in the name of the county cause condemna- tion proceedings to be brought to acquire the same in like manner as by law provided, and after the filing of the petition in such proceedings the final award of the contract may be made. If the cost of acquiring such land exceeds the estimate therefor, the Council may provide for the excess cost by general appropriation. In the event that land has been acquired by -20- condemnation under the provisions of Chapter 101, Hawaii Revised Statutes and in the award made on the condemnation there has been deducted from the compensation or damages otherwise payable to the landowner, any amount by reason of the fact that land of such landowner not sought to be condemned would be benefited by the construction of improvements proposed to be made after the condemnation, it shall be unlawful to make any assessments against such land under this ordinance without having first credited against the amount for which land would otherwise have been assessed the amount that has been deducted in the award made on condemnation for benefits by reason of the construction of improvements proposed to be made after condemnation. 3.6 Water system; inspection of work by Department of water Supply; use of system after completion; costs which Department of Water Supply may assume. If any proposed special improvement includes the construction or improvement of a water system as aforesaid, the Department of Water Supply shall maintain an inspector over the work to see that the plans and specifications which it has furnished have been complied with. After the work has been completed and accepted, the water system, pipes, conduits, hydrants and other appurtenances for supplying or distributing water so installed shall constitute a part of the system of the Department of Water Supply and shall at all times thereafter be used, operated and maintained by it as a part of its system. -21- If any proposed special improvement includes the construction or improvement of a water system as aforesaid, the Department of water Supply may, but such requirement is not mandatory, assume and pay out of its funds available for such purpose, the cost of engineering, incidentals and inspection, and not to exceed thirty-three and one-third per cent of the total cost of the construction or improvement of such water system. 3.7 Contract, bids, bonds. All improvements made under the provisions of this ordinance shall be constructed under contract let to the lowest responsible and reliable bidder therefor, after public advertisement by the Council in some newspaper of general circulation in the county twice a week for not less than two weeks, except as provided in sections 103-21 to 103-32, and Part III of Chapter 64, Hawaii Revised Statutes. The Council may either let the work as an entire contract, or, in its discretion, make one or more contracts separately for the different kinds of work to be performed, or for the improvement of different highways or special improvements or parts of highways or special improvements to be improved or constructed under one proceeding. No bid shall be considered unless accompanied by a certified check, or its equivalent payable to the county, for not less than five per cent of the amount of the bid, which check, or its equivalent, shall be forfeited to the county, unless the successful bidder signs the contract and furnishes an approved -22- bond within the time specified by the Council. No bid in excess of the estimated costs shall be accepted by the Council without the written and acknowledged approval of the owners of at least sixty per cent of the frontage or area to be assessed, as the case may be. The Council shall have the right to reject any and all bids and in such case to readvertise for tenders if it deems advisable to do so. No contract shall be made without a bond to the county for the faithful perform- ance of such contract in an amount not less than fifty per cent of the contract price, with at least two sufficient sureties, each of whom shall be worth not less than the full amount of bond over and above all property exempt from execution, and who shall, upon the written demand of the Council or of any owner of property subject to assessment, be required to justify thereon on an examination under oath before the Council; provided that, instead of personal sureties, a duly qualified surety company may be substituted as provided by law. If upon such examination, any surety is held insufficient, a new bond with sufficient surety or sureties shall be filed by the successful bidder within the time specified and allowed by the Council, or the contract to him and the deposit shall be forfeited. Upon the contract being signed and a sufficient bond furnished as aforesaid, the deposit made with the bid shall be returned to the contractor. Any other method of letting contracts shall be illegal and void. -23- The Council may, any other provision of the law to the contrary notwithstanding, let the contract without having the total amount of the contract price available, and if the comple- tion of the contract will extend beyond the fiscal year in which the same is executed it may be let without the Council appropriating the total amount the county is obliged to pay towards the contract price. In the latter event, however, the county must have available and appropriated at the time of letting the contract, if the same is to be completed during the next succeeding fiscal year, at least fifty per cent or if the same by its terms is not to be completed until beyond the next succeeding fiscal year at least thirty-three and one-third per cent of the amount the county is obliged to pay toward the contract price and the balance shall in the first event be a first charge on the revenues of the county for the next succeeding fiscal year and in the latter event shall be a first charge on the revenues of each of the next two succeeding fiscal years in the amount that the same will be required during such fiscal years but in an amount of not less than fifty per cent of the balance at the beginning of the first succeeding fiscal year and the remainder at the beginning of the second succeeding fiscal year. The contract shall not be legal unless, before it is let, the Council by resolution provides for the automatic appropriation at the beginning of the next succeeding fiscal year or years of the amounts herein made a first charge on the -24- revenues of the county for such fiscal year or years and the Director of Finance of the county shall make the appropriations on his books as by the resolution provided. 3.8 Notice of improvement authorized. The Council shall cause to be prepared by the chief engineer, department of public works, a corrected map similar to that required under section 3.1 and a preliminary assessment roll and description of properties to be assessed showing in detail the proportionate amount per front foot, and the exterior boundaries of the lands subject to the assessment, if the assessment is to be made on such basis, or per square foot, if the assessment is to be made according to area, proposed to be assessed against the property in the benefited district or in the several subdistricts or zones thereof, if any, and a list of all known owners, lessees and occupants of the land fronting upon such highway or highways or situate within the improvement district, and shall thereupon by advertisement in the same manner as that provided in section 3.1 give notice of the total amount of the cost of the improvement based upon the bid of the lowest responsible and reliable bidder, the maximum share per front foot or per square foot, as the case may be, proposed to be charged to the benefited district or subdistricts or zones, if any, and that the corrected map, preliminary assessment roll and description of properties may be seen and examined at the office of the chief engineer during -25- business hours at any time prior to and including the date fixed for hearing. In addition to the other material contained on the notice to be mailed as required by section 3.1 and by this section, each mailed notice shall contain the amount proposed to be assessed against the property described therein. The notice shall also fix a date and place when a public hearing will be had and the Council will sit as a board of equalization to receive complaints or objections respecting the total amounts of the proposed several assessments, which date shall not be less than ten days nor more than three weeks after the date of the first newspaper publication of the notice. ARTICLE 4. Assessments. 4.1 Assessments fixed by ordinance. After the hearing, the Council shall forthwith proceed to make such modifications or changes as to them may seem equitable or just, or shall confirm the first proposed assessment, and upon reaching a final decision shall by ordinance, fix the portions of the cost to be assessed against the benefited properties and against the owners thereof respectively, which ordinance shall incorporate by reference the assessment roll as approved by the Council. After the final enactment of such ordinance the amounts of the several assessments so listed, advertised and incorporated and not previously objected to shall be conclusively presumed to be just and equitable and not in excess of the special benefits accruing or to accrue by reason of the improvement to the specific property assessed. -26- 4.2 Notice and collection of assessments. The Director of Finance shall forthwith post notice of assessment upon the land assessed, and notify the several owners, lessees or occupants, respectively, by registered letter with request for a return receipt, of the several amounts assessed on the respective properties and of the date when such assessments are payable. He shall also collect such assessments and set aside all moneys so collected in a special fund or funds for the frontage improvement or improvement district, as the case may be. 4.3 Assessments payable when. All assessments so made shall be due and payable within thirty days after the date of the last publication of the ordinance; provided that any assessments may, at the election of the owner of the land assessed, be paid in installments with interest, as hereinafter provided. Failure to pay the whole of any assessment within the period of thirty days shall be conclusively considered and held an election on the part of all persons interested in such assessments, whether under disability or otherwise, to pay in installments. All persons so electing to pay in installments shall be conclusively considered and held to have consented to the improvement and such election shall be conclusively held and considered as a waiver of any and all right to question all power or jurisdiction of the county to make the improvement, the regularity or the sufficiency of the proceedings, or the validity or correctness of the assessment. _2~_ 4.4 Lien; new assessment. All assessments made pursuant to this ordinance shall be a lien against each lot or parcel of land assessed from the date of the first publication of the ordinance declaring the assessment until paid and shall have priority over all other liens except the lien of property taxes and for other public purposes. The lien of assessments levied pursuant to this ordinance shall be on a parity with the lien of property taxes and liens for other public purposes. As between liens of assessments made pursuant to this ordinance, the earlier lien shall be superior to the later lien. No delay, mistake, error, defect, or irregularity in any act or proceeding authorized by this ordinance shall prejudice or invalidate any assessment; but the same may be remedied by subsequent or amended acts or proceedings and, when so remedied, the same shall take effect as of the date of the original act or proceeding. If in any court of competent jurisdiction any assessment made under this ordinance is set aside for irregularity in the proceedings, the Council may, upon notice as required in making an original assessment, make a new assessment in accordance with the provisions of this ordinance. 4.5 Installments payable when. In case of an election to pay any assessment in installments, the assessment shall be payable in not less than five nor more than twenty equal annual installments of principal, and each _Zg_ annual installment may in turn be made payable in twelve equal monthly installments as hereinafter provided. Interest in all cases shall be paid on the unpaid principal, payable annually at a rate not exceeding six per cent per annum. The number of such annual installments and period of payment and the rate of interest shall be as determined by the Council; provided, that after the annual installments are determined and fixed if it appears to be of advantage to the assessee, the Council may permit the Director of Finance to accept payments in monthly installments as hereinabove provided. 4.6 Payment in bonds. The Director of Finance may accept in lieu of cash in payment of any assessment, installment thereof, interest, penalty, cost, expense or any portion thereof, bonds of the improvement district in which the land is situated, whether such bonds are outstanding or hereafter issued, to a value of par, plus accrued interest to the date of acceptance of such bonds by the Director of Finance. Upon the receipt of such bonds, the Director of Finance shall cancel same and credit the improvement district with the amount allowed on the bonds. 4.7 Effect of failure to pay installment. Failure to pay any installment, whether of principal or interest, when due, shall cause the whole of the unpaid principal to become due and payable immediately and the whole amount of unpaid principal and accrued interest shall thereafter _Z g_ draw interest at the rate of one per cent per month or fraction of a month until the day of sale as hereinafter provided; but at any time prior to the date of sale, the owner may pay the amount of all delinquent installments with interest thereon at one per cent per month or fraction of a month, and all costs and expenses accrued, and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not been made. The owner of any land assessed, not in default as to any installment or payment, may at any time after the expiration of the first thirty-day period, pay the entire unpaid principal with interest thereon to the next subsequent annual date for the payment of the installments, together with any premium required to be paid pursuant to the resolution of the Council adopted pursuant to the provisions of section 3.1. 4.8 Owner of undivided interest. The owner of any undivided interest in any land may pay the whole assessment and may have a joint or several right of action against the other owners of any interest in such land for their proportionate share of the assessments. 4.9 Sale for default. In case of default in the payment of any installment of principal and interest when due, the Director of Finance shall advertise and sell the property concerning which default is made for the whole of the unpaid assessment thereon, interest -30- and costs. The purchaser of such property shall be permitted to pay in cash the total amount of the delinquent installment or installments of principal and interest and penalty, and the balance in equal annual or monthly installments as originally provided. Such sale and advertisement shall be made by the treasurer in the same manner, under the same conditions and penalties and with the same effect as provided by general law for sales of real property for default in payment of property taxes. 4.10 Purchase at sale. At any sale for default in payment of any assessment as aforesaid, the Director of Finance may accept, in lieu of cash, in payment for the land so sold, bonds of such improvement district whether such bonds are then outstanding or hereafter issued, to a value of par plus accrued interest to date of sale. Upon the receipt of such bonds, the Director of Finance shall cancel same and credit the improvement district with the amount allowed on the bonds. 4.11 Certificate by Director of Finance. The Director of Finance shall, on request, give a certificate in writing to any person making request for same, showing in the certificate the balance due on any individual assessment for improvements for principal, with the date of next installment payment, the number of the installment payment and the amount to be due for the installment payment -31- and particulars of interest and penalty on the next installment date to be due and owing. 4.12 Sale of land bid in by Director of Finance at sale. Whenever any land has been bid in by the Director of Finance at any sale for default of the owner thereof, the Director of Finance, in making such sale thereof as may by law be authorized, may sell the same upon the following terms and conditions: (a) A down payment at the sale of twenty per cent of the sale price; (b) The balance payable in monthly installments of not less than one and one-third per cent of the total sale price, plus interest at the rate of five per cent per annum upon all unpaid balances; (c) Failure for thirty days to pay any installment due shall effect an entire forfeiture of the purchaser's right, title and interest in such land and in any payments previously made by him on account thereof; (d) Such building restrictions as the Director of Finance may prescribe; (e) Such land when sold shall be subject to real property taxes. ARTICLE 5. Financing. 5.1 Improvement bonds authorized. In the event of an election to pay all or any part of any such special assessment in installments, the amount required for -32- immediate use to pay the cost of the improvement, or the installments thereof from time to time as they fall due may be advanced out of any funds available in the general fund or the permanent improvement fund; provided that as soon as practicable, the amounts so necessary shall be secured, and repaid if advances have been made, by the issuance of sufficient district improvement bonds of the county to raise such required amount or amounts. Such bonds shall be in such form as may be prescribed by the Council, shall bear the name of the benefited or improved district, shall be payable to bearer in a sufficient period of years to cover the outstanding installment payments determined upon pursuant to the provisions of this ordinance, and shall be subject to call but not prior to the second interest date thereof as hereinafter provided and at such premium, if any, as may have been provided for in the resolution of the Council adopted pursuant to section 3.1. The bonds of each issue shall bear serial numbers, shall be of such denomination, not exceeding $5,000 each, as may be determined by the Council, and shall bear interest at the rate of not more than seven per cent per annum, payable semi- annually, as may be determined by the Council. Such bonds shall be executed by the Director of Finance and issued pursuant to and under the authority and requirements of resolutions of the Council. The bonds shall be countersigned by the chairman of the Council and attested by the clerk and -33- by the seal of the county. Interest coupons shall bear a lithographed or engraved facsimile of the signature of the Director of Finance. The Director of Finance shall preserve a record of the bonds in a suitable book kept for that purpose. The bonds shall be payable only out of the moneys collected on account of assessments made for the improvement for which they are issued or from the reserve fund established pursuant to section 5.2.1, in the event that the moneys collected out of assessments are insufficient to pay the bonds or the interest thereon as they become due, and the county shall not otherwise guarantee payment of any bonds issued under the provisions of this ordinance; provided that interest payments may be advanced by the Council temporarily out of any moneys available in the county treasury. 5.2 Special funds for payment of bonds and certain other expenses. All moneys collected on account of assessments and interest for any improvement after the issuance of any bonds shall be kept by the Director of Finance in a special fund and applied solely to the payment of interest and principal of bonds issued for such improvement until such bonds have been paid. In the event that any surplus remains in any such special fund after the payment of the bonds chargeable against such fund or in case of a premium received on the sale of the bonds, it shall be credited to and become a part of a fund to be known -34- as the improvement district revolving fund, the moneys in which shall be available to make up deficiencies in the proceeds of bonds sold below par, to cover deficiencies in interest realized on account of diminishing balances of installments outstanding, and to advance interest due on bonds outstanding prior to collection of annual assessments, and also for the purpose of paying all expenses in connection with the sale of delinquent improvement district lots and the prices of such delinquent lots as are bid for ark purchased by the Director of Finance for the county, and the Director of Finance may upon such purchase transfer the proper amounts so bid to the proper special funds for the respective improvement districts concerned. In the event that moneys in the special fund prove insufficient at any time to pay the principal and interest, or the interest only, as the case may be, on bonds outstanding, moneys shall be transferred from the reserve fund established pursuant to section 5.2.1, or from the improvement district revolving fund into such special fund in such amounts as will enable the Director of Finance to make the payments of principal or interest, or interest only, as the same becomes due. 5.2.1 Reserve Fund. The Council may provide in the resolution adopted pursuant to section 3.1 that a reserve fund shall be established as additional security for the payment of principal and interest -35- on bonds issued in proceedings taken pursuant to this ordinance. The reserve fund shall be established from the proceeds from the sale of bonds in such amount as is designated by the Council in the aforementioned resolution. Thereafter, moneys in the reserve fund shall be used in accordance with the provisions o£ section 5.2. Moneys in the reserve fund may be used to pay the principal interest or both, in whole or in part, on the last outstanding maturity or maturities of the bonds and in such case assessments or such portions thereof which would otherwise be collected to make such payments shall be cancelled. 5.2.2 Replenishment of reserve fund. When moneys are transferred from the reserve fund to the special fund described in section 5.2, the Council shall replenish the reserve fund by providing for the levy and collection of an annual ad valorem assessment upon the lands assessed in the proceedings. The ad valorem assessment referred to in this section shall be levied, collected and enforced by the county in the same time and manner as the county levies, collects, and enforces property taxes for general county purposes. 5.3 Payment of principal and interest. The principal and interest of the bonds shall be payable at the office of the Director of Finance and may also be made -36- payable at the office of any bank or fiduciary company in such other places as may be determined by the Council. In all cases, the bonds and coupons shall recite the places of payment. In case any bonds are made payable elsewhere than in Hilo, Hawaii, the Director of Finance shall remit the funds necessary to pay the interest and principal when due, of any such bonds, with exchange, to the institution so designated, first assuring himself that such institution is then solvent. 5.4 Use of bonds; sale. Bonds so issued may be used by the Council at par at the time of final acceptance of the contract to pay wholly or in part the contract price of any improvement made as aforesaid, or, in the event that the bonds are not so used, they shall then be sold to the highest bidder or bidders therefor, after public advertisement for tenders for at least once each week for not less than two successive weeks in a suitable newspaper of general circulation in the county, and the proceeds thereof shall be so applied; provided that in the event at an advertised sale only part of the issue so advertised is bid for, thereafter, the Council may authorize the Director of Finance, by resolution requiring one reading for adoption, to sell the whole or any part of the remainder of such issue at the highest bid so received to any person at private sale. In the event no purchaser is found, the county may be the purchaser of any such bonds, using any funds available and unspent. Bonds sold -37- to a purchaser or purchasers other than the county may be sold for such discount as is acceptable to the Council. 5.5 Payment before maturity. On and after the second interest due date of any bonds so issued and annually thereafter, whenever sufficient funds are in the hands of the Director of Finance, exceeding the next interest payment on the unpaid balance of any bonds so issued, the Council may direct the Director of Finance, by resolution, to call for payment, by advertisement for not less than five days in some newspaper of general circulation in the county, such a number of bonds as there are funds to pay. In each case the bonds to be called for payment shall be those of the lowest outstanding serial numbers which serial numbers shall be specified in the advertisement so published. At the expiration of thirty days from the first publication of such notice, interest on the bonds so called for payment shall cease; and the moneys provided for the payment shall be set aside by the Director of Finance in a special deposit to which fund only the owners of the bonds shall thereafter look for payment. 'I`he call price of any bond called for payment before maturity pursuant to this section shall be the principal amount of such bond, interest at the rate stated on the face of the bond from the date on which interest on such bond was last paid to and including the thirtieth day from the first publication of such notice, together with the applicable premium payable, if any. -38- 5.6 Payment at maturity. All bonds not previously paid shall be paid at maturity together with interest thereon as the same become due at the places and in the manner prescribed by this ordinance. 5.7 Bonds not chargeable against general revenues. No bonds issued under the provisions of this ordinance shall be considered as county bonds within the meaning of section 248.2, Hawaii Revised Statutes, nor shall the payment of the same be a charge against the general revenues of the county. ARTICLE 6. Refunding. 6.1 Refunding authorized. The Council may provide for the refunding of the outstanding indebtedness of improvement districts located within the county in the manner hereinafter provided. 6.2 Initiation of refunding. The owners of real property in any improvement district whose property represents seventy-five per cent or more of the outstanding improvement assessments at the time of the filing of the petition shall, if it is desired that the indebtedness of the district be refunded, file with the Council a petition, which petition shall set forth the indebtedness of the district, that it is desired that the indebtedness be refunded, and the proposed method of refunding the outstanding indebtedness. The Council shall thereupon, by resolution requiring not more than -39- one reading for its adoption, direct the chief engineer, department of public works, to investigate and report to the Council the amount of unpaid assessments and the property subject to the same in the improvement district, the detail of any delinquent assessments and of any unpaid penalties, whether the petitioners own real estate representing seventy- five per cent or more of the unpaid assessments in the district, the proposed method of reassessment of the lands subject to existing assessments, a new assessment roll showing the proposed new assessments, the cost of the proposed refunding scheme, and other details which may be necessary to carry into effect the proposed refunding project. Such report of the chief engineer shall be filed with the Council. Within seven days after the filing of the chief engineer's report, the petitioners shall deposit with the Director of Finance a sum sufficient to meet the cost of the refunding project as reported by the chief engineer. Thereafter the Council shall, by resolution requiring one reading for its adoption, propose the adoption of the suggested refunding plan specifying the outstanding indebtedness of the district, that the owners of land representing not less than seventy-five per cent of the unpaid improvement assessments have petitioned that the outstanding indebtedness of the district be refunded, the proposed refunding plan in detail, and the proposed method of reassessment, including the minimum number -40- of installment payments to be proposed, and the maximum estimated unit of assessment. The resolution shall refer to and incorporate by reference the preliminary assessment roll and such other data reported by the chief engineer as shall be approved by the Council. The resolution shall also fix the date of public hearing upon such plan, which date shall not be less than fifteen days after the first publication of notice thereof in a newspaper of general circulation in the county. After the adoption of the resolution, the county clerk shall cause a notice of the public hearing to be published as provided in section 3.1, giving notice generally to all owners, lessees and occupants of the land still under assessment in the improve- ment district, and to all others interested in the general detail of the proposed refunding plan, stating the time and place of the public hearing and where the resolution, preliminary assessment roll and other data may be seen and examined prior to the hearing. Like notices shall be posted in three of the most conspicuous places in the improvement district for which the outstanding bonds are issued. Affidavits of publication, both in the newspaper and of the posting, respectively, shall be filed with the Council at the hearing. 6.3 Protest against refunding. Any owner of property, the assessments on which to pay the outstanding indebtedness have not been fully discharged, may at any time prior to or at the public hearing, file in -41- writing with the Council any protest, objection or suggestion as to the proposed refunding measure, stating briefly the reason therefor, or may present the same in person orally at the public hearing. If the owners of real property representing thirty per cent or more of the outstanding improvement assess- ments shall at the hearing, or prior thereto, file with the Council written protests duly acknowledged by such owners against the proposed refunding project, or against any part of the plan therefor, the same shall not be made contrary to such protest. If the protest is against the adoption of any refunding plan, the same shall not be made, and the proceedings shall not be renewed within one year from the date of closing the public hearing, unless each owner protesting shall sooner withdraw his protest. Any lessee of any property to be assessed under this ordinance who by the express terms of his lease must pay the kind of assessments contemplated by this ordinance shall be subrogated to all the rights of such owner to protest by filing with the Council prior to or at the hearing a certified copy of his lease, together with a citation of the book and page of the public record of the same if it is recorded; provided, that any lessor of such lessee, or any owner of property to be assessed, may, at any time before the closing of the public hearing, make void the protest or the right of protest of any lessee of the property on consideration of filing with the Council a duly acknowledged waiver of the stipulation in the lease which required the lessee to pay the -42- special assessment, and a written undertaking by the lessor or owner to pay the special assessment to be made under the proposed improvement. The Council shall also at the hearing sit as a board of equalization to receive complaints or objections respecting the total amounts of the proposed assessments. 6.4 Determination by Councilmen. After the hearing, the Council shall consider any protests or suggestions which may have been made or filed and whether sufficient valid protests have been filed to compel it to abandon the proposed refunding plan. If the Council still has jurisdiction to continue, it shall then proceed, determine whether or not the refunding plan shall be adopted as proposed, or adopted with modifications, and in the latter event the clerk shall be directed to give notice again of the hearing as provided in section 6.2. If after such initial and further advertisement and hearing the Council determines to proceed with the refunding measure, it shall by ordinance requiring not more than one reading for its adoption, promulgate the refunding measure. Should the refunding project provide for the issuance of new bonds in the improvement district, the ordinance shall provide for the form of new bonds to be issued, approve of the assessment roll, and incorporate the same by reference, which assessment roll as provided in section 3.8, shall contain only the names of the property owners -43- who have not fully paid the assessments originally provided for the payment of the outstanding improvement bonds and shall provide for the levying of new assessments in amounts sufficient to retire the refunding bonds to be issued pursuant to the terms hereof. After the final enactment of the ordinance, the amounts of the several assessments so listed, advertised or incorporated, not previously objected to, shall conclusively be presumed to be just and equitable and not in excess of the special benefits accruing or to accrue by reason of the original improvement project. Upon final passage of the ordinance as provided above, all assessments therein made shall be a lien in the same manner and to the same extent as provided in section 4.4; provided, that in no case shall this new assessment constitute a lien on property which has been discharged from the payment of the original assessment. 6.5 Refunding bonds. Bonds issued for the refunding of the outstanding indebtedness of any improvement district shall bear the name of the improvement district for which they are issued, shall be payable to bearer and shall be in the form and issued and sold and subject to call and under all the other conditions and terms as prescribed by sections 5.1 to 5.7, except as otherwise prescribed in this ordinance. A lower rate of interest than that authorized in the original issue of bonds may be prescribed and the refunding -44 - bonds may be authorized to run for a term not to exceed fifteen years from the maturity date of the outstanding bonds. 6.6 Petition by all owners. If the petition is filed and acknowledged by the owners of land representing one hundred per cent of the unpaid assessments in any improvement district, and by all lessees of any property to be assessed, who, by the express terms of their respective leases must pay the kind of assessments contemplated by sections 6.1 to 6.8, unless the lessor of such lease files with the petition a duly acknowledged waiver of the stipulation in the lease which requires the lessee to pay such special assessments, and a written undertaking by the lessor or owner to pay the special assessments to be made under the proposed refunding plan, then the Council upon the payment to the Director of Finance of the cost of the refunding plan, as estimated by the chief engineer, shall proceed as provided above to have a hearing on the proposed new method of assessment and the assessment roll; provided that in case the owners of one hundred per cent as aforesaid, consent, in writing, to the amount and apportionment of the proposed assessments under the refunding plan, it shall be unnecessary to give the notice or to hold any of the hearings specified above and the Council may immediately proceed to fix the assessment in the manner provided. -45- 6.7 Old bonds canceled. Should the refunding project provide for the retirement of the outstanding bonds of the improvement district, the Director of Finance shall stamp the retired bonds "canceled" and shall keep such canceled bonds in his possession. 6.8 Obligations unimpaired. Nothing in sections 6.1 to 6.7 contained shall be construed as giving the Council or any improvement district authority to impair the obligations of the improvement district under any outstanding improvement district bonds. ARTICLE 7. Limitation on Time to Sue. 7.1 Limitation on Time to Sue. No action or proceeding to review any acts or proceedings or to question the validity or enjoin the performance of any act or the issue or payment of any bonds, or the levy or collec- tion of any assessments authorized by this ordinance, whether band upon irregularities or jurisdictional defects, or otherwise, shall be maintained unless begun within thirty days after performance of the act or the passage of the resolution or ordinance complained of. ARTICLE 8. Severability 8.1 Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect without the invalid provision or -46- application, and to this end the provisions of this ordinance are declared to be severable. SECTION 2. Ratification and Validation. The levy of all special assessments, all outstanding improvement bonds of the County payable from special assessments, and all acts and proceedings heretofore had or taken or purportedly had or taken, by or on behalf of the County under law or under color of law preliminary to and in the authorization, execution, sale, issuance, and payment (or any combination thereof) of all such bonds are hereby validated, ratified, approved and confirmed, including but not necessarily limited to the terms, provisions, conditions, and covenants of any resolution and ordinance appertaining thereto, the redemption of improvement district bonds before maturity and provisions therefore, and the use of the proceeds of such assessments and bonds, notwithstanding any lack of power, authority, or otherwise, other than constitutional, and not withstanding any defects and irregularities, other than constitutional, in such assessments, bonds, acts and proceedings, and in such authorization, execution, sale, issuance, and payment, including without limiting the generality of the foregoing, such acts and proceedings heretofore not been levied nor purportedly levied and issued nor purportedly issued. Such outstanding assessments and bonds are and shall be, and such assessments and bond heretofore not levied nor purportedly levied and issued nor purportedly issued shall be, after such -47- levy or issuance, binding, legal, valid, and enforceable obligations in accordance with their terms and their authorizing proceedings, subject to the taking or adoption of acts are proceedings heretofore not had nor taken, but required by and in substantial and due compliance with laws appertaining thereto. SECTION 3. This Ordinance shall take effect upon its approval. INTRODUCED BY: I _, nci man, County o awaii Honokaa, Hawaii Date of Introduction: October 7, 1970 Date of Adoption: November 5, 1970 -48- BILL N0. 737 Honokaa, Hawaii Date of Introductions Date of Adoptions October 7, 1970 November 5, 1970 First Readin AYES NOES E Car enter X De Luz X Edwards X Greenwell X Mata oshi X Souza X Yadao X Yamada X Chr Hisaoka X 9 0 0 Publication Dates October 14, 1970 Second 8 Final Readin AYES NOES E Ca enter x De Luz X Edwards X Greenwell x Mata oshi X Souza X Yadao Yamada x Chr Hisaoka X 9 0 0 Publication Dates 4"'` ~'~'~° We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. Approved,?^'~~ { -~s~--~, this ~OZ~day of GYZ~erL~ilr~,(tG~/ , 19~. r~~~ c / !l.C/V ~ a or, County of Hawa ~~ a ~ / Council Chairman County Clerk r - 350 8Gl- ;66 -~P~Ia-a"' ;. , _ .October, 7, 1970______ November 9, 1970