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HomeMy WebLinkAboutORD 1971-403Bill No. 786 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE N0. 403 AN ORDINANCE AMENDING ORDINANCE N0. 350-1970 RELATING TO IMPROVEMENT BY ASSESSMENT. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1; Section 4.5, Article 4, Ordinance No. 350, is amended to read as follows: "Section 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 annual installments of principal, provided that the Council may, in its discretion, determine the date on which payment of such annual installments shall commence, which date shall be no more than three years from the 31st day following the last publication of the ordinance required to be enacted pursuant to section 4.1 hereof, said installments to be, respectively, in such amounts as shall be determined by the Council, and each annual install- ment may in turn be made payable in twelve equal monthly installments as hereinafter provided, provided further that principal, interest or both on any bonds outstanding due prior to collection of annual assess- ment shall be paid in accordance with section 5.2, and except as provided in section 5.1 regarding temporary advances, shall not be paid out of any monies available in the County treasury. Interest in all cases shall be paid on the unpaid principal, at a rate not exceeding eight per cent per annum. The date on which such annual installments shall commence, the number of such annual installments, the respective amounts of said annual installments, the 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 Co be of advantage to the assessee, the Council may permit the Director of Finance to accept payments in monthly installments as hereinabove provided". SECTION 2: Section 5.1, Article 5, Ordinance No. 350, is amended to read as follows: "Section 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 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 [he 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 improve- ment 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 and in amounts in those respective years so as to cover the outstanding installment payments determined upon pursuant to the provisions of this ordinance, and the Council, in its discretion, may provide that the amount of principal maturing in each year plus the amount of interest payable in that year will be an aggregate amount that shall be approximately equal each year, except for moneys falling due on the first series of the bonds which shall be adjusted to reflect the amount of interest earned from the date when the bonds bear interest to the date when the first interest is payable on the bonds; or it may make such other determination of the amount of the aggregate principal of the bonds that shall fall due in a year as it shall choose. Such bonds 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 eight per cent per annum, payable semiannually, 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 resolu- tions of the Council. The bonds shall be countersigned by the chair- man of the Council and attested by the clerk and impressed with 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^. SECTION 3: Section 5.4, Article 5, Ordinance No. 350, is amended to read as follows: "Section 5.4. Use of bonds; sale. Bonds so issued may be used by the Council at par to pay wholly or in part the contract price of any improvement made as aforesaid, or, in the event that all of 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 to a purchaser or purchasers other than the county may be sold for such discount as is acceptable to the Council. The Council may provide for payment to the Contractor of the contract price of the improvement by means of progress payments during the period of the work, such payments in bonds at par or in cash or both". SECTION 4: This ordinance shall take effect on its approval. INTRODUCED BY: V I~~'GA/ Counc loran, County of Hawaii Hilo, Hawaii Date of Introduction: April 7, 1971 Date of Adoption: June 2, 1971 -2- Hilo, Hawaii Date: n.,,-+ t ~ 10 ~ i FIRST READING AYES NOES A/E Car enter De Luz y, Edwards X Greenwel I g Hisaoka X Souza X Yadao X Yamada 3: Chr Matayoshi X 8 0 1 Pabhcarian Date: APR 15 ?971 Hilo, Hawaii Date: t,,,,o ~ ia~i SECOND & FINAL READING AYES NOES A/E Carpenter De Luz }{ Edwards X Greenwel) JC Hisaoka X Souza X Yadao X Yamado X Chr Matayoshi X 8 0 1 ,:;_ ;971 Publication Date: We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. i.' / ~ -' f day of 19 ~/. ~ Mayor, County of Hawaii Council Chairman 9F~/ County Clerk Bill No 786 Reference: PwC-53 PWC-56 M. B. No i ~~ 1i',~I~,~3 , .: Ord. No Eil1 ~;o. '86 - 1~~1 AN ORDINANCE AMENDING ORDINAC;CE N0. 350-].970 kELATI:dG TO IMFROVEMENT BY ASSESSMENT. This Dill relates to improvement by assessment by amending Section 4.5, installn:cnis payable ti~hen; Suction 5.1, imprmrerlent bond authorised; and Section 5.4, use of bonds, sale, Sate Introduced: April 7, 19?1 Copies of the foregoing Bill, in full, arc' on 'ile in the Office of t'-le County Clerk fns use and examination by the publ;.c. I hereby certify that the foregoir,e 3i11 pas=ed °irst reading at the :neetiuo of the County Couc.cil on April 7, 191, by the following aye 71nP n^ Vote; .',YES: Councilmen Carpenter, De Luz, Edcazrds, I".isaoka, Souza, Yadac, Yamada x;=.r] Chairma^ I•a:tay~,shi - R. 2?UES: 2:onc, ",ESc.i:T _1i~D ERCCSED: Councilmen Creenwell - 1. ~ 11~ COMITY OF &A4;AII - n }~ IN ~~~~lyi~ r~~t rkM . ~~. ~~IR' ~ ~ IrMEOVKAEMT EY AK~. tms sm relent ro irllpewmmt w rwasmwN OY emerlEllq SKiWII ls. Nl~ stellmwHe MYWIe wMn: !'4flea ImprwemeM lbnE eWlwr Segbn S.t. We el bpkA reM,l DMe IMretlupA: Ap11 Y, 1371 Cepn of rM Mrwelna EIII, In NII, an an liN lrt m~14 ~~Wp k~~ ue .nf,ele,. III. o;.w v~xn rrAMiwnl~iro w~m~ir~ ~as~. ~„e,dl al Syrrv i, lnl, w rolbwln! ave eM'ro Vsw: AY~lrFl~6NI int.~~...U.y.1M~er'aa-I~Y'."G~W1lM~:pI,IrI-EM~n~aMM• Yem~~eNIN~3=1w!1, ~rE1~N' NOES: Mem. M AElENT AND.SFXCISlED: ~III11eA ', [p Nt~Yl O1.EEKl " OUNtY OF.MAWA11 (qr!-MswaU SrIgmFNMaM: ,... Api113, 1M11' ORDINANCE N0. 403 (Bill No. 786-1971) AN ORDINANCE AMENDING ORDINANCE N0. 350-1970 RELATING TO IMPROVEMENT BY ASSESSMENT. Date Approved: June 2, 1971 Date Effective: June 17, 1971 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 June 2, 1971, by the following aye and no vote: AYES: Councilmen Carpenter, De Luz, Greenwell, Hisaoka, Souza, Yadao, Yamada and Chairman Matayoshi - 8, NOES: None. ABSENT AND EXCUSED: Councilman Edwards - 1. DEPUTY COUNTY CORK j COUNTY OF HAWAII RE: MEETING OF: May 1 g , 1 g71 ACTION: Defer and request the proponent of Bill 786 to appear before the Council and the Corporation Counsel and. the Finance Director look into thi..s a litt:Le Yurther. OFFICE INFORMATION ONLY F. Bill /86 Cttrice of the County Clerk Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 I~'fay 20, 197 To: Corporatlon Counsel ~;endell Kimura Refer to: Finance Diraotor Stanley Nakamse Re: Bill 786 The following action was adopTed by the Council at its meeting held ~y ~9+ 1971 Request the Corporation Counsel and the Finanoe Direotor to look into Bill 786 a little ilarther. For your information, the Council bss requested Ydr. Gilbert Nara, Attorney, to disease Bill 786 at Its June 2 meeting. Depaty County Clerk May 20, 1971 rsill 786 Mr. Gilbert It. Hara Attorney 297 IL;iaruenue Avenue Kilo ~ ilawaii. yG720 The Hawaii County Council is desirous of seeking !pore information with regard to the attached bill for an ordinance T?o. 7`?5 axed requests your presence at its Dime 2 rneetin,~_ to discuss their concerns and to compare the proposed bill frith our ;resent ordinance. P].ea.se advise if you would be aLle to be present aroused 10:~n a.m. in the Councilroom to discuss this matter urlth the Council. Robert Shioji DEPUTY COUNTY CLERK Att. CNtice of the County Clerk Hawaii County Building 25 Aupuni Street Hilo, Hawoii 96720 April 7, 1971 To: SECRETARY TO COUNCIL COMMITTEES Re: Bill 786 -Relating to Improvement by Assessment Refer to: gill 786 The following action was adopTed by the Council aT its meeting held _ today _, Adopted on first reading and referred back to Public Works Committee. BILL N0. 786 ,, , COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE N0. AN ORDINANCE AMENDING 0&DINANCE NO. 350 RELATING TO IMPROVEMENT BY ASSESSMENT. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAIIs ,gECTION 1: Section ~.5, Article ~+, Ordinance No. 350 is amended to read as follow s "Section 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 ~equalJ annual installments of principal, provided that the Council may, in its discretion. determine the date on which payment of such annual installments shall commence which date shall be no more than three nears from the "31st davfollowin,? the last publication of the ordinance re4uired to be enacted pursuant to section 4.1 hereof, said installments to be, respectively. in such amounts as shall be determined by the Council, and each annual installment may in turn be made payable in twelve equal monthly installments as hereinafter provided, provided further that principal, interest or both on any bonds outstanding due prior to collection of annual assessment shall be paid in accordance with section 5.2.and except ac,,_provided in section 5.1 re* tn~ temporary advances. sham not be yid out of aryy monies available in the County treasury. Interest in all cases shall be paid on the unpaid principal, ~yable annually] at a rate not exceeding ~six~ eight per cent per annum. The date on which such annual installments shall commence; the number of such annual installments, the respective amounts of said annual installments, ~an~ the 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". SECTION 2s Section $.1, Article $, Ordinance No. 3$0, is amended to read as follows: "Section $.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 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 and in amounts in those respective Years so as to cover the outstanding installment payments determined upon pursuant to the provisions of this ordinance, and the Council, in its discretion, may provide that the amount of principal maturing in each year plus the amount of interest payable in that year will be an aggregate amount that shall be approximately equal each year, except for more ys falling due on the first series of the bonds which shall be adjusted to reflect the amount of interest earned from the date when the bonds bear interest to the date wYe n the first interest is pavable on the -2- bonds• or it may make such other determination of the amount of the a~gre~ate principal of the bonds that shall fall due in a vear as It shall choose.. ~ an~ Such bonds shall be subject to call but not prior to the second interest date thereof as herein- after provided and at such premium, if any, as may have been p rovided 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 X5,000 each, as may be determined by the Council, and shall bear interest at the rate of not more thanCseve ~ eizht 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 impressed with 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 situable 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 dherwise 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". -3- ~~ SECTION 3: Section 5.4, Article 5, Ordinance No. 350, is amended to read as follows: "Section 5.4. Use of BIo-nds; sale. Bonda so issued may be used by the Council at par ~t the time of final acceptance of the contrac~ to pay wholly or in part the contract price of any improvement made as aforesaid, or, in the event that all of 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 therof 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 to a purchaser or purchasers other than the county may be sold for such discount as is acceptable to the Council. The Council may provide for pavmentto the Contractor of the contract price of the improvement by means of progress payments during the period of the work, such payments in bonds at par or in cash or both". SECTION 4: Statutory material to be repealed is bracketed. New material is underscored. In printing this ordinance, the county clerk need not include the brackets, the bracketed materials, and the underscoring. SECTION 5: This ordinance shall take affect on its approval. -4- n,( INTRODUCED BY: ~~ ~d, Councilman, County of hawaii Date of Introduction: April 7, 1971 Date of Adoption: -5- ~, BILL N0. ~~`D ~ _~_ COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE N0. AN ORDINANCE AMENDING ORDINANCE N0. 350-19'70 RELATING TO IMPROVEMENT BY ASSESSMENT. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1: Section 4.5, Article 4, Ordinance No. 350, is amended to read as follows: "Section 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, provided that the Council may, in its discretion. determine the date on which payment of such annual installments shall commence. which date shall be no more than three years frcm the 31st day followinz the last publication of the ordinance required to be enacted pursuant to section 4.1 hereof, said installments to be. respectively. in such amounts as shall be determined by the Council, and each 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, ~ayable annually) at a rate not exceeding ~six~ei~ht per cent per annum. 'Phe date on which such annual Installments shall commence, the number of such annual installments, the respective amounts of said annual installments, Can the 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". -1- ii SECTION 2: Section 5.1, Article 5, Ordinance No. 350, is amended to read as follows: "Section 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 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 improve- ment 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 and in amounts in those respective years so as to cover the outstanding installment payments determined upon pursuant to the provisions of this ordinance, and the Council, in its discretion, may provide that the amount of principal maturing in each year plus the amount of interest payable in that near will be an aa~re~ate amount that shall be approximately equal each year, except for moneys fallinz due on the first series of the bonds which shall be ad.iusted to reflect the amount of interest earned from the date when the bonds bear interest to the date when the first interest is payable on the bonds: or it may make such other determination of the amount of the a~~re~ate principal of the bonds that shall fall due in a veer as it shall choose. C andJ Such bonds sPiall be subject to call but not prior to the second interest date thereof as hereinafter provided and -2- ~;t 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 X5,000 each, as may be determined by the Council, and shall bear interest at the rate of not more than ~seve~ ei?ht per cent per annum, payable semiannually, as may be determined by the Council. Such bonds shall be executed by the. Director of Finance a nd 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 impressed with 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". SECTION 3: Section 5.4, Article 5, Ordinance No. 350, is amended to read as follows: "Section 5.4. Use of bonds; sale. Bonds so issued may be used by the Council at par ~at the time of final acceptance of -3- the contrac~ to pay wholly or in part the contract price of any improvement made as aforesaid, or, in the event that all of 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 to a purchaser or purchasers other than the county may be sold for such discount as is acceptable to the Council. The Council may provide for payment to the Contractor of the contract price of the improvement by means of proeress payments during the period of the work. such payments in bonds at par or in cash or both". SECTION 4: Statutory material to be repealed 1s bracketed. New material is underscored. In printing; this ordinance, the county clerk need not include the brackets, the bracketed materials, and the underscoring. SEC'PION 5: This ordinance shall take effect on its approval. INTRODUCED BY: a ,~,~~, Hilo, Hawaii Counci an, County of Hawaii Date of Introduction: Date of Adoption: -~- S HUNICHI KIM URA ~/ ;~,.y v ~ WENDELL K. K161U Rq MAYOR ~~") ~/~'~ ,CORPORATION COUNSEL I !I _ COUNTY OF fiAWAII OFFICE OF TFiG CORPORATION COUNSEL 23 AUPU NI .STREET F/ILO, HAWAII D6720 April 29, 1971 Mrs. Josephine Yadao, Chairman Public Works Committee County Council Hilo, Hawaii 96720 Dear Mrs. Yadao: Re: Bill No. 706 Transmitted herewith is a revised draft o£ a bill for an ordinance amending Grdinance No. 350, relating tc improvements by assessments. Please note the ne~.a language in Section 1 covering the concerns of the last meeting. This office and the Finance Director have no objection to the present draft. WKK:pa Enc. Ver truly yours, ~' ~ /- , ,,, WENDELL K. KIPNRA J Corporation Counsel 7D: P'vVly Tadashi Suzuki COUNTY CLERK OFFICE OF THE COUNTY CLERK COUNTY OF HAWAII HILO, HAWAII 9672^ Mayor Shunichi Kimura County of Hawaii Hilo Hawaii Robert Shioji DEPUTY COUNTY CLERK I hereby transmit Ordinance Bill No. 786 passed by the County Council on second and final reading. COiJNTY CLERK U Encl. Dated: June 3, 1971