The URL can be used to link to this page

Home My WebLink AboutORD 1972-444BILL No. g39 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE No. 444 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. Ordinance No. 350 (1970) is hereby amended by adding a new section thereto, to read as follows: "Section 1.6. General Powers of County Council. "Any provision of law to the contrary notwithstanding, the County Council hereby reserves the following powers over any improvement district proposal, whether County- initiated under Section 3.1 hereof, or initiated by petition of owners under Section 3.3 or 3.4 hereof: "1. If, for any reason whatsoever, the improvement district bonds authorized under Article 5 are not sold or cannot be sold to any acceptable purchaser or purchasers within a reasonable time, then the County Council shall have the power and authority to terminate the entire improvement district project, or any part thereof. In the event that the project is terminated, in the case of petitions by owners under Section 3.1 and 3.4 hereof, the petitioners shall be responsible for all costs incurred by the County for such improvement district. The County may assure such repayment by requiring reasonable deposits therefor. "2. In addition to the foregoing, at any time during the proceedings of any improvement district proposal up to and including the adoption of the assessment ordinance under Section 4.1 hereof, the County Council shall have the power and authority to terminate the entire improvement district project, or any part thereof, if it determines that said improvement district project is not in the public interest. "3. In addition to the foregoing, at any time during the proceedings of any improvement district proposal up to and including the adoption of the assessment ordinance under Section 4.1 hereof, the County Council shall have the power and authority to require the inclusion of costs of off-site improvements such as roads, water, sewers, drainage, which may be outside the improvement district boundaries but which service said improvement district. In the event that such costs are to be so included, the appropriate resolutions and ordinances shall be amended accordingly." SECTION 2. This ordinance shall become effective upon its approval. INTRODUCED BY: NCI T, COUNTY HAWAII Hilo, Hawaii Date of Introduction: January 6, 1972 Date of Adoption: January 18, 1972 -2- Hilo, Hawaii Date: January 6. 1972 FIRST READING AYES NOE$ 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: i--. ) Waimea, Hawaii Date: January 18. 1979 SECOND & FINAL READING AYES NOES A/E Carpenter X De Luz X Edwards X Greenwell X Hisaoka X Souza X Yadao Yamada Chr Matayoshi 9 0 0 Publication Date: ter.,.. ; '~ We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. r 6 ~ Council Chairman Gr1 ir/ County Clerk ~~u c ~ ,~ r of Hawoii ~!O ;ah Bill No any Reference• PWC-71wwr-72 M. B. No /5.. ~~ ~~ ~ l S r l-C-' ora. No 444 _day of 19 ~ -/ _....._........,....~... ..~~..w..., uern mr ILL NO. $39 COUNTY OF HAWAII STATE OF HAWAII ORDZN NO. AN ORDINANCE ING ORDINANCE NO. 350 (1970), RELATING TO IMPRO BY ASSESSMENT. ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 350 (1970) is hereby amended by adding a new section thereto, to read as follows: "Section 1.6. General Powers of County Council. "Any provision of law to the contrary notwithstanding, the County Council hereby reserves the following powers over any improvement district proposal, whether County- initiated under Section 3.1 hereof, or initiated by petition of owners under Section 3.3 or 3.4 hereof: "1. If, for any reason whatsoever, the improvement district bonds authorized under Article 5 are not sold or cannot be sold to any acceptable purchaser or purchasers within a reasonable time, then the County Council shall have the power and authority to terminate the entire improvement district project, or any part thereof. In the event that the project is terminated, in the case of petitions by owners under Section 3.1 and 3.4 hereof, the petitioners shall be responsible for all costs incurred by the County for such improvement district. The County may assure such repayment by requiring reasonable deposits therefor. "2. Zn addition to the foregoing, at any time during the proceedings of any improvement district proposal up to and including the adoption of the assessment ordinance under Section 4.1 hereof, the County Council shall have the power and authority to terminate the entire improvement district project, or any part thereof, if it determines that said improvement district project is not in the public interest. "3. In addition to the foregoing, at any time during the proceedings of any improvement district proposal up to and including the adoption of the assessment ordinance under Section 4.1 hereof, the County Council shall have the power and authority to require the inclusion of costs of off-site improvements such as roads, water, sewers, drainage, which may be outside the improvement district boundaries but which service said improvement district. In the event that such costs are to be so included, the appropriate resolutions and ordinances shall be amended accordingly." SECTION 2. This ordinance shall become effective upon its approval. CED EjY,: COUNTY Date of Introduct}.ef: Date of option: -2- ORDINANCE NO. 444 (Bill No. 839-1972) AN ORDINANCE AMENDING ORDINANCE N0. 350 (1970), RELATING TO IMPROVEMENT BY ASSESSMENT. Date Approved: January 18, 1972 Date Effective: January 20, 1972 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 January 18, 1972, by the following aye and no vote: AYES: Councilmen Carpenter, De Luz, Edwards, Greenwell, Hisaoka, Souza, Yadao, Yamada and Chairman Matayoshi - 9. NOES: None. ~~~~ ~:GZ COUNTY CLERK COUNTY OF HAWAII 1 nwwr~iaN ~ ~ Wa!~nNpara ~~iix ~w u~w ro yM,r RYFSi tdiX~ifl+rY•IM Luc ¢MY'Y. Ory,IwNl, NNNM.~SWx4 VriN YlMM~ Mdd/N11W11 GWI~YaO!1 ,, NOES: NtlN. ~ ~ ' ~''.`G'~IN ~. /MW~11. ::NX.•klllll~y,:''T~MIw~X.r>w° ~. p. Im.l SHUNICHI KIM URA ~ WENDELL K. KIM URA MAYOR ~ CORPORATION COUN6EL u~~T c-' COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 2S AUPUNI STREET HILO, HAWAII iET20 January 3, 1972 Public Works Committee County Council County of Hawaii Hilo, Hawaii 96720 Gentlemen: We transmit herewith an ordinance amending Ordinance No. 350 (1970), relating to improvement by assessment, for your consideration. truly yours, //i /L _~ WEND$LL K. KIMURA Corporation Counsel I WKK:ds Enclosure cc: Stanley Nakamae, Director of Finance Tadashi Suzuki COUNTY CLERK OFFICE OF THE COUNTY CLERK COUNTY ^F HAWAII HILC. HAWAII 96'72C Afayor Shunichi I:imura County of Hawaii Hilo, Hawaii I hereby transniC Ordinance Bi11 No. 839 the County Council on second and final reading, Robert Shioji ' DEPUTY COUNTY CLERK passed by COUNTY CLEP.K Encl. Dated: January 19, 1972