Loading...
HomeMy WebLinkAboutORD 1971-412BILL No. 803 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE No. 412 AN ORDINANCE AMENDING ORDINANCE NO. 350 (1970) RELATING TO IMPROVEMENT BY ASSESSMENT. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 3.3, Article 3, Ordinance No. 350, is amended to read as follows: "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 may reject or accept the petition, and in the latter case, 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 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." SECTION 2. Section 3.4, Article 3, Ordinance No. 350, is amended to read as follows: "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, -2- 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 may reject or accept the petition, and in the latter case, shall proceed in the same manner as though the plan for the improvement had been initiated on its own motion, excepting 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 -3- Hilo, Hawaii Date: Julv 1. 1971 FIRST READING AYES NOES A(E Car enter X De Luz X Edwards X Greenwell X Hisaoka X Souza X Yadao X Yamada X Chr Matayoshi X 9 0 0 Hi 1o, Hawaii Date: July 14. 1971 SECOND & FINAL READING AYES NOES A/E Carpenter X De Luz }t Edwards y, Greenwell X Hisaoka X Souza X Yadao X Yamada X Chr Matayoshi X 6 1 2 Publication Date: July 9, 1971 Publication Date: Jllly 23t 1971 We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. -~ A ~? ~ Council Chairman i (~ County Clerk thi, ~ y day of 19~. Bill No 803 Neterence~ PWC-60 v~---~ - - M. B.No-'~ of Hawaii A~A~i Ord. No `3 1Gr- BILL NO. 803 COUNTY OF HAWAII .STATE OF HAWAII ORDINANCE NO. AN 9~2iSINANCE AMENDING ORDINANCE NO. 350 (1970) RELATING e~ IMPROVEMENT BY ASSESSMENT. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 3.3, Article 3, Ordinance No. 350, is amended to read as follows: "3.3 Petition of owners. If the owners of not less than sixty per cent .of the frontage upon ant 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 may reject or accept the petition, and in the latter case, 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 ctritten 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." SECTION 2. Section 3.4, Article 3, Ordinance No. 350, is amended to read as follows: "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, _Z_ - 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 may reject or accept the petition, and in the latter case, shall proceed in the same manner as though the plan for the improvement had been initiated on its own motion, excepting 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 -3- resolution finds the appraised value accordance with prevailing standards then used by banks for loans thereon cost of the proposed improvement and is in the public interest." SECTION 3. This ordinance shall take approval. INTRODUCED BY: of such land in of appraisal is twice the estimated that such approval effect upon its ~~~'~-; COTTNe-i~;MAN;~ COUNTY' ~F ^HAWAI I /. Date of Introduction: Date of Adoption: ~~. -4- ~••-. p 1~N,m...-- ~t\Iq rNr'" ~. B U I L D I N G A W A I T 96740 CLERK ~i~the action of the Hawaii County Council adopted at held July 1, 1Q'jt Passed first reading and re3erred to Public Works Committee. ~_~ COUNTY CLERK Refer: Bill No. 803 Bi11 No. 803 - 1971 AN ORDINANCE AMENDING ORDINANCE N0. 350 (1970) RELATING TO IMPROVEMENTS BY ASSESSMENT. This Bill proposes to amend Ordinance No, 350, relating to Improvements By Assessment, by amending the following sections: (Copy from the attached sheets) Date Introduced: July 1, 1971 Copies of the foregoing B111, 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 Bill passed first reading at the meeting of the County Council on July 1, 1971, by the following aye and no vote: AYES: Councilmen Carpenter, De Luz, Edwards, Greenwell, Hisaoka, Souza, Yadao, Yamada and Chairman Matayoshi - 9. NOES: None. J \/i ~~ COUNTY CLERK COUNTY OF HAWAII ORDINANCE N0. 412 (Bill No, 803-1971 ) AN ORDINANCE AMENDING ORDINANCE NO. 350 (1970) RELATING TO IIdPROVEMENT BY ASSESSMENT, Date Approved: July 19, 1971 Date Effective: July 19, 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 July 14, 1971, by the following aye and no vote: AYES: Councilmen De Luz, Greenwell, Hisaoka, Yadao, Yamada and Chairman Matayoshi - 6. NOES: Councilman Edwards - 1, ABSENT AND EXCUSED: Councilmen Carpenter and Souza - 2, ~d llEPUTY COUNTY CLERK COUNTY OF HAWAII ~- e ~~. IM-~RN . ~11th1 M`l0 I .HOMY tM ~, Dyy AgNwM: JWY. B, inl Ope EHgfiYe: JuIY 1/. 1W1 cope m flee Io~oH,y Gryy~~It~ m IWI; elM /INMIMpfIIC~q'H~y Cppm., CNrk .for uM Nq. NwmFafNn I!Y 11w glNic. I MrtlY tMHy fMf Np Nr100111! M~ Gnsnn VlltoC NSaMmq/b,l nrWny~f Mr m,p6p p HN TiCN11Y CWnc110n lWY 11. M1;dY/ llt Ap~llplll lYl m1Y ho WYIC. ~YE6t LMxICINfN,I Ck 1414 NINDI11„YWp, YatmoM ,nO (jIH~ hYf~ye~Ml--t NOES: LamclMUn lararM-1. AblNT AMD'~ICUE6O: CoMMIIHIOn IfM-Nxvtll TrlpuM.NVpp; JWY 4J. lAll Tadashi Suzuki COUNTY CLERK OFFICE OF THE COUNTY CLERK COUNTY ^F HAWAII H ILO, HAWAII 9672^ Mayor Shunichi Kimura County of Hawaii Hilo, Hawaii Robert Shioji DEPUTY COUNTY CLERK I hereby transmit Ordinance Bill No. 803 passed by the County Council on second and final reading. ~...~..a.,i COUNTY CLERK Encl. Dated: July 15, 1971 ~~cs,,.: SHUNICHI KIMURA ~al'h ~ WENDELL K. KIMURA MAYOR * * CORPORATION COUNSEL COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 23 AUPU NI STREET HILO, HAWAII ®6]20 June 30, 1971 Mr. Dante Carpenter Councilman County of Hawaii Hilo, Hawaii 96720 Dear Mr. Carpenter: Re: Ordinance No. 350 Transmitted is an Ordinance amending Ordinance 350, Sections 3.3 and 3.4. Very truly yours, ~/ Corporation Counsel WKK:MNK Enc.