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HomeMy WebLinkAboutORD 1971-433BILL N0. 828 (AMENDED ) COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE N0. `~•~~ 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 3.7.1, Article 3, Ordinance No. 350, be added to read as follows: 3.7.1 Contract for off-site water facilities in certain cases. Notwithstanding any other provisions in this ordinance to the contrary, in the event that a portion of the improvements proposed to be made consist of water facilities outside of the boundaries of a proposed improvement district which in whole or in part will serve the land within such improvement district, and if there exists with re- spect to such facilities an arrangement or agreement pursuant to which (1) the responsibility for the costs of such facilities in excess of a specified sum or sums has been fixed, (2) the plans and specifications for such facilities will be approved by said Department, and (3) said plans and specifications will not be prepared nor the contract for construction of such facilities be ready to be advertised and let until a time or times beyond the time or times when the proceedings pursuant to this ordinance for construction of the proposed improve- ments by assessment could otherwise be commenced and prosecuted, then the Council may determine to proceed pursuant to this section, which determination shall be made in the resolution proposing to make the improvements, and the following provisions shall then be applicable to the proceedings: (a) For the purpose of the report provided for in the first paragraph of section 3.1 the preliminary plans for such off-site water facilities need only be general in nature and the estimates therefor shall be the sum or sums specified by the aforementioned arrangement or agreement. (b) The third paragraph of section 3.5 shall not be appli- cable, and for the purpose of the report provided for in the second paragraph of section 3.5 the preliminary plans used for the report provided for in the first paragraph of section 3.1 (general in nature only as provided in "a" above) shall be sufficient, if adopted by the Council in its resolution proposing to make the improvements. (c) For the purpose of section 3.8 the portion of the total amount of the cost of the improvements attributable to such off-site water facilities shall be based upon said sum or sums specified by the aforementioned arrangement or agreement, rather than upon a bid of a lowest responsible and reliable bidder for such off-site water facili- ties. (d) If paragraph "d" of section 3.9 is applicable to the pro- ceedings, the Council need not call for bids on such off-site water facilities. (e) At such time as the final details, plans and specifications for such off-site water facilities are prepared, approved by the De- partment of Water Supply and by resolution approved and adopted by the Council, the contract for construction thereof shall be advertised and let by the Council pursuant to the provisions of section 3.7. All remaining funds after payment of the costs of such facilities shall be transferred to and become a part of the reserve fund. SECTION 2: Section 3.9, Article 3, Ordinance No. 350, be added to read as follows: -Z- 3.9 Combination of hearings authorized. The council may combine the hearings provided for in sections 3.1 and 3. 8. If it does so, such determination shall be made in the resolution proposing to make the improvement or improvements, and the following provisions shall then be applicable to the proceedings: (a) Said resolution need not specify the maximum estimated unit of assessment nor fix the date of public hearing upon the pro- posed improvement, but shall direct the preparation by the chief engineer, department of public works, of the documents and data to be prepared by him as provided in the second paragraph of section 3.5 and in section 3. 8, and if applicable shall include the request and direc- tion provided in the third paragraph of section 3.5. After the combined hearings, if the Council determines to proceed with the im- provements, the resolution specified in the third paragraph of section 3.5 need not again direct preparation by the chief engineer of said documents and data as provided in said second paragraph of section 3.5. (b) The county clerk shall not cause the notices to be given as provided in section 3.1 until said documents and data have been so prepared by the chief engineer, and if applicable, by the Department of Water Supply, and preliminarily approved by the Council, at which time the Council shall by resolution requiring not more than one read- ing for its adoption fix the date of combined hearings. (c) The matters to be contained in the notices provided for in sections 3.1 and 3.8 shall be combined into single notices to be so published, posted and mailed; and for the purpose thereof the total amount of the cost of the improvement shall be based on the estimated cost of the work to be included in bids when received, not upon the bid of the lowest responsible and reliable bidder as specified in section 3. 8. -3- (d) The Council shall call for bids on all improvements to be constructed under contract to be received on or before the date of said combined hearings pursuant to the provisions of section 3.7. SECTION 3: Section 4.5.1, Article 4, Ordinance No. 350, be added to read as follows: 4.5.1 Installment collection expense. The Director of Fi- nance may add to each annual installment on assessments an amount not less than one-half of one percent (1/2%) of the amount of the in- stallment, both principal and interest, to cover the expenses of collection; provided that the Council may increase such percentage to the extent the Council determines from data presented by the Director of Finance that an increased percentage is necessary to cover said collection expenses. Such percentage when collected shall belong to the County. SECTION 4: Section 4.9, Article 4, Ordinance No. 350, is amended to read as follows: 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 within one hundred twenty days after such default commence to advertise and sell the property concerning which default is made for the whole of the unpaid assessment thereon, interest 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, in which event the lien of the unpaid assessment shall remain in full force and effect until final payment of such balance. Such sale and advertisement shall be made by the Director of Finance in the same manner, under the same -4- 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. In the event of the failure of the Director of Finance to so commence and diligently complete advertisement and sale of property pursuant to the provisions of this section, the Director of Finance shall not be personally liable for such failure, but if a default exists in payment of principal or interest upon bonds, issued to represent an assessment or assessments for which any such installment of principal and interest is in default, or if the levy provided for by section 5.2.2 has been made or it appears probable that same will be required to be made, the holder or holders of such bonds in the former case, and any person or persons who are owners, lessees or occupants of land subject to such levy and liable to pay same in the latter case, or both, shall have the right to enforce per- formance of the duties of the Director of Finance hereunder by mandamus, pursuant to the provisions of HRS sections 659-1 through 659-9. SECTION 5 approval. This ordinance shall take effect upon its INTRODUCED BY: Hilo, Hawaii Date of Introduction Date of Adoption: November 3, 1971 November 17, 1971 -5- Hilo, Hawaii Dare: November 3, 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 Publication Date: ^in~i ~97~ Hilo, Hawaii Date: November 17, 1971 SECOND & FINAL READING AYES NOES A/E Carpenter X De Luz X Edwards X Greenwell }i; Hisaoka Souza X Yadao X Yamada Chr Mafayoshi 8 1 0 Publication Date: - r\'- -" _ We do hereby certify that The foregoing BILL was adopted by the County Council and published as indicated above. Approved/Diaopproxad-this `~jP~'~ day of Council Chairman ~, • __~ County Clerk Bill No 828 Reference• PWC-68 __ M. B. No ~ `~-_~- Ord. No~_-~s~-. ~~r ~ ~,~ Bill No. 828 - 1971 AN ORDINANCE AMENDING ORDINANCE N0. 350-1970 RELATING TO IMPROVEMENT BY ASSESSMENT. This Bill proposes to add new sections to Ordinance 350, relating to improvement by assessment, by providing for the establishment of an improvement district where an agreement for the construction of off-site water facilities has been executed; permit a combining of the required public hearings; provide for the assessment and collection of collection expenses by the Director of Finance; amend section 4.9 to require the Director of Finance to commence foreclosure of real property, the assessments upon which are in default, within 120 days after such default and to provide for the right of mandamus in certain cases. Date Inttoduced: November 3, 1971 Copies of the foregoing Bill, 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 Bi11 passed first reading at the meeting of the County Council on November 3, 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. ~~~ ~ ~,~ 0 AI~T ° ~'h .f9Ti7 t COUNTY CLERK 197G COUNTY OF HAWAII RELATING TO IM- PRf%VEMENT BY A88ESSMENT. This Bill proposes to'add new sections to Ordinance 360, reLding to improvanent by aaseasmmt, by provhW~g far the establlsMnent of sn bn- provement dis4let whave ah agreement far the cmm6vctlon i of aH~ite water' EacWEtee has bey a:seated; permit a combining of the requirM, public hefriegs; preside to the asees~„ent and aogectian d collection a:pensee by the Directs of Fhretxe; amend section 4.0 t0 regnlre the Director aR Fis~tnce to comp mence foreclosure of real P~'apa'tY~ ~ aYmm~entt Wan which ere h: defaalt, wiltiia 13D daps after sash detatdt,aad to provide for itm right d mae- damas in osrtain eases. ORDINANCE N0. 433 (Bill No. 828-1971) AN ORDINANCE AMENDING ORDINANCE N0. 350-1970 RELATING TO IMPROVEMENT BY ASSESSMENT. Date Approved: November 17, 1971 Date Effective: November 23, 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 November 17, 1971, by the following aye and no vote: AYES: Councilmen Carpenter, De Luz, Edwards, Greenwell, Hisaoka, Souza, Yadao and Chairman Matayoshi - 8. NOES: Councilman Yamada - 1. DEPUTY COUNTY CLERK COUNTY OF HAWAII sty OF H ~Ja?r; ; gg ul ~y 4* _ ~*€ ~N~\. ~, afP~` OFFICE OF THE COUNTY CLERK H A W A I I COUNTY B U I L D I N G COUNTY OF HAWAII HILO. HAWAII 96740 November 3, 1971 To: SECRETARY TO COUNCIL CONAIITTEES Re: Bills amending Ord. No. 350 relating to improvement by assessment The following is the action of the Hawaii County Council adopted at its meeting held today Bill 808; Defer and refer to PWC for discussion at November 12, 1971 meeting; Bill 822s Defer and refer to PWC for discussion at November 12, 1971 meeting; Bill 828; Approve passage on first reading & refer to PWC. COUNTY CLERK Refer: Bill 828 BILL N0. 828 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE N0. AN ORDINANCE AMENDING ORDINANCE N0. 350-1970 RELATING TO IMPROVEMENT BY ASSESSMENT. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION l: Section 3.7.1, Article 3, Ordinance No. 350, be added to read as follows: 3.7.1 Contract for off-site water facilities in certain cases. Notwithstanding any other provisions in this ordinance to the contrary, in the event that a portion of the improvements proposed to be made consist of water facilities outside of the boundaries of a proposed improvement district which in whole or in part will. serve the land within such improvement district, and if there exists with re- spect to such facilities an arrangement or agreement pursuant to which (1) the Department of Water Supply will pay all costs of such facili- ties in excess of a specified sum or sums, (2) the plans and specifi- cations for such facilities will be approved by said Department, and (3) said plans and specifications will not be prepared nor the con- tract for construction of such facilities be ready to be advertised and let until a time or times beyond the time or times when the pro- ceedings pursuant to this ordinance for construction of the proposed improvements by assessment could otherwise be commenced and prosecuted, then the Council may determine to proceed pursuant to this section, which determination shall be made in the resolution proposing to make the improvements, and the following provisions shall then be applicable to the proceedings: (a) For the purpose of the report provided for in the first paragraph of section 3.1 the preliminary plans for such off-site water facilities need only be general in nature and the estimates therefor shall be the sum or sums specified by the aforementioned arrangement or agreement. (b) The third paragraph of section 3.5 shall not be appli- cable, and for the purpose of the report provided for in the second paragraph of section 3.5 the preliminary plans used for the report provided for in the first paragraph of section 3.1 (general in nature only as provided in "a" above) shall be sufficient, if adopted by the Council in its resolution proposing to make the improvements. (c) For the purpose of section 3.8 the portion of the total amount of the cost of the improvements attributable to such off-site water facilities shall be based upon said sum or sums specified by the aforementioned arrangement or agreement, rather than upon a bid of a lowest responsible and reliable bidder for such off-site water facili- ties. (d) If paragraph "d" of section 3.9 is applicable to the pro- ceedings, the Council need not call far bids on such off-site water facilities. (e) At such time as the final details, plans and specifications for such off-site water facilities are prepared, approved by the De- partment of Water Supply and by resolution approved and adopted by the Council, the contract for construction thereof shall be advertised and let by the Council pursuant to the provisions of section 3.7. SECTION 2: Section 3.9, Article 3, Ordinance No. 350, be added to read as follows: -2- 3.9 Combination of hearings authorized. The council may combine the hearings provided for in sections 3.1 and 3. 8. If it does so, such determination shall be made in the resolution proposing to make the improvement or improvements, and the following provisions shall then be applicable to the proceedings: (a) Said resolution need not specify the maximum estimated unit of assessment nor fix the date of public hearing upon the pro- posed improvement, but shall direct the preparation by the chief engineer, department of public works, of the documents and data to be prepared by him as provided in the third paragraph of section 3.5 and in section 3. 8, and if applicable shall include the request and direc- tion provided in the fourth paragraph of section 3.5. After the combined hearings, if the Council determines to proceed with the im- provements, the resolution specified in the third paragraph of section 3.5 need not again direct preparation by the chief engineer of said documents and data as provided in said third paragraph of section 3.5. (b) The county clerk shall not cause the notices to be given as provided in section 3.1 until said documents and data have been so prepared by the chief engineer, and if applicable, by the Department of Water Supply, and preliminarily approved by the Council, at which time the Council shall by resolution requiring not more than one read- ing for its adoption fix the date of combined hearings. (c) The matters to be contained in the notices provided for in sections 3.1 and 3.8 shall be combined into single notices to be so published, posted and mailed; and for the purpose thereof the total amount of the cost of the improvement shall be based on the estimated cost of the work to be included in bids when received, not upon the bid of the lowest responsible and reliable bidder as specified in section 3.8. (d) The Council shall call for bids on all improvements to be constructed under contract to be received on or before the date of -3- said combined hearings pursuant to the provisions of section 3.7. SECTION 3: Section 4.5.1, Article 4, Ordinance No. 350, be added to read as follows: 4.5.1 Installment collection expense. The Director of Fi- nance may add to each annual installment on assessments an amount not exceeding one-fourth of one percent (1/4%) of the amount of the in- stallment, both principal and interest, to cover the expenses of collection; provided that the Council may increase such percentage up to a maximum of one percent (1%) if and to the extent the Council de- termines from data presented by the Director of Finance that an increased percentage is necessary to cover said collection expenses. Such percentage when collected shall belong to the County. SECTION 4: Section 4.9, Article 4, Ordinance No. 350, is amended to read as follows: 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 within one hundred twenty days after such default commence to advertise and sell the property concerning which default is made for the whole of the unpaid assessment thereon, interest 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, in which event the lien of the unpaid assessment shall remain in full force and effect until final payment of such balance. Such sale and advertisement shall be made by the Director of Finance 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. In the event of the failure of the Director of -4- Finance to so commence and diligently complete advertisement and sale of property pursuant to the provisions of this section, the Director of Finance shall. not be personally liable for such failure, but if a default exists in payment of principal or interest upon bonds, issued to represent an assessment or assessments for which any such installment of principal and interest is in default, or if the levy provided for by section 5.2.2 has been made or it appears probable that same will be required to be made, the holder or holders of such bonds in the former case, and any person or persons who are owners, lessees or occupants of land subject to such levy and liable to pay same in the latter case, or both, shall have the right to enforce per- formance of the duties of the Director of Finance hereunder by mandamus, pursuant to the provisions of HRS sections 659-1 through 659-9. SECTION 5: This ordinance shall take effect upon its approval. INTRODUCED BY: _i~ Hilo, Hawaii Date of Introduction: November 3, 1971 Date of Adoption: -5- Tadashi Suzuki COUNTY CLERK OFFICE OF THE COUNTY CLERK COLINTV ^F HAWAII HILO, HAWAII 9672^ Mayor Shunichi Kimura County of Hawaii Hilo, Hawaii Robert Shioji DEPUTY COUNTY CLERK I hereby transmit Ordinance Bill No. 828 passed by the County Council on second and final reading. ~°~ ~~~~ COUNTY CLERK Encl. Dated; November 17, 1971