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Home My WebLink AboutORD 1971-424BILL N0. 817 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO., 4:~~ AN ORDINANCE PROVIDING FOR THE COST OF IMPROVEMENTS IN "IMPROVEMENT DISTRICT N0. 8 - LOT 718 SUBDIVISION ROAD OFF KOMOHANA STREET," AND FIXING THE PORTIONS OF THE COST TO BE ASSESSED AGAINST THE BENEFITED PROPERTIES AND AGAINST THE OWNERS THEREOF RESPECTIVELY, AND IMPOSING THE LIEN AGAINST EACH LOT OR PARCEL OF LAND ASSESSED ACCORDING TO THE ASSESSMENT IN HILO, HAWAII. BE IT ORDAINED PY Tt1E COUNCIL OF TfiE COUNTY OF HAWAII: SECTION 1. PRELIMINARY PROCEEDINGS CONFIRMED. The Council of the County of Hawaii does hereby adopt, approve and confirm all and singular the proceed- ings heretofore had and taken under the Improvement by Assessment Ordinance (Ordinance No. 350) with respect to the development, creation and establish- ment of "Ih1PROVEMENT DISTRICT NO. 8 - LOT 718 SUBDIVISION ROAD OFF KOP40HANA STREET," Hilo, Hawaii, and the making of the proposed improvements as set forth and referred to in Resolution No. 710 of 1967, directing the Chief Engineer to submit preliminary report; Resolution No. 119 of 1969, adopting the preliminary report of the Chief Engineer; Resolution No. 165 of 1969, creating, defining and establishing Improvement District No. 8; Resolution No. 300 of 1970, adopting final reports of the Chief Engineer; Resolution No. 373 of 1971, conditionally accepting the bid of H. Harada Contractor, Inc.; written consents to accent the increase in assessment from nineteen (19) property owners of at least sixty per cent of the area to be assessed, all of which were filed with the County Clerk on July 9, 1971; Resolution No. 379 of 1971, adopting Assessment Report of Chief Engineer, including Corrected Map, the list of owners, lessees and occupants (so far as known), a Preliminary Pssessment Roll and Description of Properties, in respect of which notice and full public hearings have heretofore been given and held as required by said Improvement by Assessment Ordinance, to all of which reference is hereby made for a more particular and detailed description of said Improvement District, the extent thereof, the location of the respective parcels of land rated in the assessment and the special benefits accruing or to accrue therefrom and by this reference incorporated herein and made a part hereof. SECTION 2. CONFIR.MIPiG ASSESSMENT. 4tritten consents of nineteen (19) property owners duly acknowledged as required by law by the owners of more than sixty per cent of the area subject to assessment within this Improvement District having been filed with the County Clerk, apprevinq the lowest responsible bid which increases the rates of assessment for construction of the road, water system, drainage and other improvements as shown on the Preliminary Pssessment Roll submitted by said Chief Engineer in his Assessment Report, dated June 28, 1971, and assessment hearing for this Improvement District held on August 10, 1971, and after full and fair hearings having been held in respect thereto, and the method of apportionment heretofore proposed, it was found, and it is hereby specially found and established that each and every parcel of land rated in or made subject to the assessment in said Improvement District is or will be specially benefited by said improvements to the amount of and in fair proportion to the assessment proposed therefor in the Preliminary Assessment Roll, accompanying the Assessment Report dated June 28, 1971, and said assessment as contained therein is hereby declared just and equitable and variations in shapes or depths of lots, if any, being immaterial so far as approximate bene- fits of this improvement are concerned. Therefore, the said proposed assessment as contained in the Preliminary Assessment Rnll accompanying the Chief Engineer's Assessment Report of June 28, 1971, is hereby confirmed and adopted as and for the assessment against properties in said Improvement District and against the owners thereof respec- tively. SECTION 3. COST OF AUTHORIZED IMPROVEMENTS. That it is hereby found and declared that the total cost of the authorized improvements in said Improvement District, based upon the bid of H. Harada Contractor, Inc., the lowest respon- sible bidder, for constructing the road, water system, drainage and other - 2 - improvements in place complete (345,936.00), including cost of land acquisition, engineering, surveys, inspection, printing of bonds, advertising and incidentals ($6,000.00) is the total sum of FIFTY ONE THOUSAND NINE HUNDRED THIRTY SIX AND NO/100 DOLLARS (351,936.00); that the total proportion of this total sum cost which is to be borne by the County of Hawaii for 1/3 cost of the road improve- ments, land acquisition, printing of bonds, advertising and incidentals ($14,225.00), and the full cost of engineering, inspection and incidentals ($1,500.00) is the sum of FIFTEEN THOUSAND SEVEN HUNDRED TWENTY FIVE AND NO/100 DOLLARS ($15,725.00); and that the balance of THIRTY SIX THOUSAND TWO HUNDRED ELEVEN AND NO/100 DOLLARS ($36,211.00) is hereby charged, assessed and levied against, and shall be collected from the properties in said Improvement District privately owned and not specifically exempted by this Ordinance, and the owners thereof respectively, according to the total amounts heretofore listed, advertised and computed according to the rates of assessment hereinafter set forth. SECTION 4. SPECIAL FUND. There is hereby created a special fund to be known as "SPECIAL FUND FOR IMPROVEMENT DISTRICT NO. EIGHT - LOT 718 SUBDIVISION ROAD OFF KOMOHANA STREET," and all moneys collected by the Treasurer, Department of Finance, County of Hawaii, for assessments levied by this Ordinance, not required for the payment of interest and sinking fund for bonds sold, and the proceeds of all sales of bonds sold to cover the cost of improvements in said Improvement District shall be placed in the said SPECIAL Fl1ND. SECTION 5. ASSESSMENT RATE FOR GF.NFRAL IP1PP.OVEMENTS. All properties within said Improvement District, created as aforesaid, privately owned and not herein specifically exempted, and the owners thereof respectively, are hereby assessed at a uniform rate of 30.06719858 per square foot toward the cost of road improvements as set forth in detail in said Preliminary Assessment Roll and Corrected Map heretofore incorporated herein, and including all improvements set forth in the proceedings heretofore adopted and confirmed. -3- SECTION 6. ADDITIONAL ASSESSMENT. WATER SYSTEM IMPROVEMENT. All properties within said Improvement District created as aforesaid, privately owned and not herein specifically exempted, and the owners thereof respectively, are hereby further and separately assessed at a uniform rate of $0.01745131 per square foot toward the cost of the water system improvement within said Imnrovement District, all as set forth in said Preliminary Assessment Roll and Corrected Map heretofore incorporated herein. SECTION 7. PAYMENT OF ASSESSP4ENTS IN IP!STALLMENTS. In case of an election, either by act of the owner or other interested party or by operation of law, to pay an assessment in installments, the assessments herein made shall be due and must be paid to said Treasurer, Department of Finance, County of Hawaii, in twenty (20) equal annual installments of principal, the first of said install- ments of principal, together with interest at the rate of six per cent (5%) per annum, to be due and payable and must be paid within thirty (30) days after the date of the last publication of this Ordinance; and all subsequent install- ments of principal, together with interest on the whole of the unpaid balance of principal, at the rate of six per cent (6%) per annum, shall he due and payable annually thereafter, dating from the date of the last publication of this Ordinance. SECTION 8. This Ordinance shall take effect upon its approval. INTRODUCED BY: Hilo, Hawaii Date of Introduction Date of Adoption d ~~ a August 11, 1971 -4- Hilo Hawaii Date: Au?ust 11, 1971 FIRST READING AYES NOES A/E Car enter R De Luz X Edwards Y` Greenwell g Hizaoka `Y `Y Souza X Yadao X Yamada Chr Matayoshi '~ 8 0 1 Publication Date: hUG 1 ~~ Ig7f Hilo, Ilaweii Date: !!ugust 25, ~ 971 SECOND 6 FINAL READING AYES NOES A/E Carpenter De Luz - Edwards ~~- Greenwell -~ Hisaoka Souza Yadao ' Yamada Chr Matayoshi C o Publication Date: SEP ~ 1971 We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. this~day of ~, 19 ~ ! Bill No 817 Mayor Beferenee~ M. B.No ~" ora. No. , :424 County Clerk Bi11 PIo, `317 - 1971 AN ORDINANCE PROVIDING FOR THE COST OF' IMPROVEt+fENTS I:d "iNrF'kOVE- MEiJ`P DISTRICT N0. $ -LOT 718 SUBDIVISION ROAD OFF KOMUHANA STRUT," AP7D FIXING THE PORTIONS OF TIME COST TO BE ASSESSED AGAINST 'TI?E BENEFITED PkOPERTIES AND AGAINST THE OWNER; THI:REbF RESPECTIVELY, AND It~1POSING THE LIEN AGAINST EACH LOT Ok PARCEL OF LAND ASSESSED ACCORDING TO THE ASSESSMEP]T IN HII~O, fAWAII. This Bill confirms and adopts the proposed assessment for improvements in "Improvement District No, 8 -hot 718 Subdivision Road Off Komohana Street," construction of the road, ~~rtter system, drainaCe and other improvements, to be assessed against the property o~mers; creates a Special F1:Lnd and E;rovides for the payment of assessment in instalments, Date Introduced: August 11, 1971 Copies of the foregoin;~ Bill, in full, are on file .n the Office of the County Clerk for use and examination b~~ the pub7_i.c, I hereby certi°y that the Foregoing Bill passed first reading at the meeting of the County Council on August 11, 1971, by the follow- ing aye and no vote: AYES: Councilmen De Liz, Edwards, Greenwell, Hisaoka, Souza, Yadao, Yamada and Chairman Matayoshi - 8, NOES: None, ABSENT AND EXCUSED: Councilman Carpenter - 1, COUNTY CLERK COUNTY OF HAWAII TTR RRI pMrRr!'~'~' °• mew ~ M•, e.ae/ Tt! 511lx1dllen R!N W RlnNMlR >iMM•" tR!ltlYCrNx M ~ IxMn ,. !1!« bMNle M!I oM M o1Y1MIN 6NrM •R NNMM~PwN~p~MrM~F Nei. xN pN , Dpi IMfaluolNt AMWN 11, p7r cops a xN ~ ti rux.. !^ m NIl In mlONt!!' BN l!!rlrly Cllfxler u~hm~Ia~pymmMlgl~flw~'M RR 7NNk• . pnfltl IkMpfMMWY MEMN couMV cw~x !n n, rpr,. w. rx. wxorTlno ww•• .nE n AYES: CouAdNMR'DY'W!' lx1o MlNiwNl. NNnxh ~.. rinse. RM cwlx,nlo~ MpNOp!-+. NGE6: NMl. AlL3ENT ANO ERCY~D: Ca^' dxn~ CYPMdM-1. TAOASNI lUZVxI IMFfl ~lµ. ~.. H. Mid , ORDINANCE P70. [~?4 (Bill No, 817-1971) AIQ ORDINANCE PROVIDING FOR THE COST OF IMPROVEMENTS IN °IMPROVEMENT DLSTRICT N0. B -LOT 718 SUBDIVISION ROAD OFF KOMOHANA STREET," AND FIXING THE PORTIONS OF THE COST TO BE ASSESSID AGAINST THE BENEFITED PROPERTIES AND AGAINST THE OWNERS THEREOF RESPECTIVELY, AND IMPOSING THE LIEN AGAIPJST EACH LOT OR PARCEL OF LAND ASSESSED ACCORDING TO T}iE ASSESSMENT IN HILC, HAWAII. Date Approved: August ?~, 1971 llate Effective: AuF,^.xst '1, 191 Copies of the £orego:i.ng Ordinance, ir. full, are or: file in ?;he Office of the County Clerk £or use and examination by the public, I hereby certify that the foregoing Grdinance passed second and °inal reading at the meeting of the County Council on August 25, 1971, by the following aye and ^o vot;e: AYES: Councilmer. Carpenter, De Luz, Edwards, Greenwell, }Pisa.oka, Souza, Yadao, Yamada and Chairman Nk2taposhi - 9. T~iOES: Plon~, COUNTY CLERK COUNT'r OF ??A'NAII Nil 0171 ~[111CiM: ' AOPN1 71. ml 1 Claw M N11 ~yM~A1MN1E7Na4YywN71,. in lwl.lr~W17IN xi ON OfE ql IAI C1017v CNrI 117 Whbl OY M1 OWiI. _ I MnM' C111NY MM NN Mn0/Iq a' OI1IgOwwI~M1aMOMNML~wMnO et 11N mw7ME OM 'MN Cww11Y Cor1cE w Au01M >b, 1A7: W IM IW11NIlE M III ntllwn: AYES: Cag1IIMM1C17pwM..Df Lux. EONIiw. OgwwML NN11IU Swx1• Yww. YMllaw Ild ChINM1l ,A1701yN1-9. NOSE: NpN. `TApAENI SUIURI COUNTY CLENE ' COUNTY OF HAWAII NM-MwwU TNWnbN~'aw: 5107. 1, lal.l ~i ~ h (~( \~' f R T,idashi Sur_uki r ~% (:BOUNTY CLFR.K of H OFFICE OF THE COUNTY CLERK COIJNTV ^F HAWAII I~ILO, HAWAII 9692^ Mayor Shunichi Kimura County of Hawaii Hilo, Hawaii Robert ihio~I oEr~urv couNrv CLERK I hereby transmit Ordinance Bill No. 817 passed by the County Council on second and final reading, _/'.r~-a~~'' U COUNTY CLERK Encl. Dated: ,1u~~st ~E, 1'71