HomeMy WebLinkAboutORD 1972-446HILL N0, 844
COUNTY OF H/~VVAII - STATE OF HAIVAII
ORDINAPICE i10. [~.'1~
A[3 ORllINANCE PROVIDING FOR Th[E OOST OF lltTF'ROVEP~IENTS I1 "IfdPOVEf.IENT DISTRICT
N0. 11 - DISCOVERY HIiFtI~R SUBDIVISIOi~I .1IQD I:LLTACEt~T LfiidDS~" IIJ 67AIOHINU~
DISTRICT OF KA'U, HAtVAIT, MID FIXING THE POF2TION5 OF THE COST TO BE HSSESSED
AGAITv'S'P THE IIEPJEFITED FROPERTTES, RESPECTIVELY, ,IND TIJtpOSING THE LIEN iIGAINST
E;eCfi LOT OR hARCEL OF LAND ASSESSED ACCORllI;JG TO TI[E ~4SSESSi"s1E;QT, APJD PROVIDIC7G
POT; i',^,'f;,iEJT OF ASSES~d:iENTS If INST,LLFaEPJTS.
BE IT ORDAIt?Ell BY THE COIPJCIL OF TEdE COUi{TY OF 11AJJAII:
SECTIOIJ 1. PRELI::4IN~~RY PRCCEEDIPdGS CONI'IR~AED. The Council of the
County of Hawaii does hereb~.i adopt, approve and confirm a71 and singular the
proceedings heretofore had and taken under Ordinance P~io. X50 of the County of
f?awaii, as amended, Improvements Dy Assessment, with respect to the creation
of "I 1 ROVEP~1EPIT DISTRICT [J0. 11 - DISCOVERY H1~FtII0R SU;3DIVIGIOP: f~dD .~1J,~EIIi'
L~u,l)S," in d'Jaiohinu~ ilistrict of !<a`u, Hawaii, and th,e ma~::ing of the proposed
i.mprov~^_ments, all as set forth and referred to in the Petition therefor tiled
in the Office of tha County Cleri: on Pdovember 9, 1971, Resolutions X10. 426
(1'71), Plo. 432 (19'71), No. 157 (1971) and No. 461 (1972), tno reports of tide
Chief Engineer of the Department of Public duorks which were filed pvrsuan~t to
and in accordance vaith~ and were approved and adopted by this Council by, t:^.e
aforesaid resolutions, and the final assessment roll filed with said Ciiiaf
Engineer's report dated February 11, 7.97'2, to all of whirl; reference is Hereby
made for amore par ocular and detailed description of sa_d lrnprovement District,
the extent thereof, the ir~rovements to b2 made, the respecL-ive parcels of lard
assessed and the special benefits accruing or to accrue t;l;erefrom~ and all of
which by this reference are hereby incorporated herein and Wade apart hereof.
SECTI0;1 2. h`ONFII: SING dS~t 3SP~iF.NT. After £ull ar,d fair hearing having
been held on February 2, 19'!2, in respect to the making of s~iid improvements,
the method of assessment a;u~ the Pre1i_rninary assessment Poll submitted bD said
Chief Engineer in his report dated 7ecember 15, 1971 (by reference to his report
dated "~overnbcr 29, ii71)~ as requirod by said Grdinance Pdo. 3G0, as amended, it
m~as found, and it is hereby specially found and establ.ish<~d that each and every
parcel of land made subject to the assessment in said lmprove~nent District is or
will h~a specially benefited by said inprovemr_nts to the amount of thF+ assessment
proposed tP~erefor in said Pralininiry tissess~~nt ;ova, and ~~ fair proportion to
the as essmcnts on each and every otter parcel of land stiibject t.o the assessment
i^ sai.d Improvement District, and said assessment as contained therein is hereby
declared just and ea~~itable, variations in shapes of lots b~i~x~ inui..teri_a7 so
far as benefits of -this improvement are concerned.
It is hereby furti~er specially found and established that the only
differences in tl:e anounts of tl;e proposed ~ssessnents on said par ~;1s o_ land
as se., fortP~~ :in said Preliminary ssessment Roll and in said Final assessment
Rol]. filed with said Chief Engineer's report dated February 11, 1972, are the
increases in the assessments for ions and parcels owned by G_ii-F~acific iae~sources
of Ha'^iaii, Ttd., pursuant to and in accordance with its written consent ~ind re-
quest for such increases, filed witi~~ the County Clerk on .`ebruary 12, 19''2, and
that each and every parcel. of land so owned by Cal-Pacific l~tesources of ilawaii,
Ltd., is or vdill be specially benefited by said improvements th,e amount of the
assessment proi~osed therefor in said Final tssessment Rolls and said assessment
as contained in saki Final f+~sessment; troll is hereby declaiad '.usi, and e~~n~,i-table.
Therefore, the said proposed assessment as contained in said Final
s sessment Roll is hereby confirmed and adopted as and for I.he assessment; against
proper~cies in said improvement Uistri.ct, said Final ~dssessnent Rota is hereby
incorporated izercin cy references and tine amounts set forte therein ar.e Piereby
fi;ced as tine portions of the cost of said improvements whici~~ are hereby assessed
against sa9_d benefited parcels of land, respectively.
-9-
As provided by said Ordinance ido. 350, as amended, said amounts of
said assessments against said parcels of land, respective]y, shall be a ].icn
against each of said parcels of land, res~~ectively, from the date of first
publication o£ this ordinance.
S~CTIO~~ 3. COST OF AUTHORIZED IP;iPROVL-u~)rNTS. It is hereby found and
declared that the total cost of the authorized improvements in said Improvr~ment
District, :xcept the amount, if any, by which -the construction cost of the off-
site water facilities exceeds the sum of '6285,000 (which c<cess, if any, will be
borne by the Department of b~~iter Supply), and except the suin of $13,096 (nrhich,
if necessary wilt be contributed by Cal-Pacific 'desources of Hawaii, Ltd.,
pursuant to and in accordance witl. its agreement to do so, i,vhich was filed with
t}~e Office of the County Clerk on February 10, 1972), is the sum of Four clillion
Six Hundred Thousand ~Io.llars (u'4,600,000.00) and said sum is i:ereby charged,
assessed and levied against, and shall. be collected from tiu~ properties in said
L~iprovcment District privately owned and not specifically exe^~pted by this
Ordinance, and the owners thereof, respectively.
ECTIO;~ r?. S}'EGIAI. FUND. There is i~ereby created a special fund to
be I:novm as "SPECIAL FUPGD POR IPhPF20V1T~EPJT llIS'PRICT N0. 11 - DISCOVEitY Il.~k,BOR
SUBDIVISIODi AMID .tiD,IraCE,~rI' L.w1DS," and all moneys collected by the Director of
Finance, Department of rinance, County of Hawaii, for assessmcrrts levied by this
Ordinance, not required for the payment of interest and sinking fund for bonds
sold, and the proceeds o£ all sales o£ bonds sold to cover tl~~ cost o£ improve-
ments in said Ing>rovement Districi shall be placed in said SPSCiAL `r'UIdD.
~!:CTiOii j. 1 „Yf:~P;T Ot w5S1 ,df1E7iT5 lli ]:[ICTi~%i.lEf~T~. In case Of an
election, either by act of t1~e owner or other interested party or ny operation
of law, to pay an assessment in instal1men~ts, such assessmcut shall be due and
must be paid to said !%irector of Finance, Department of `rinance, County of Hawaii,
in fifteen (15) annual installments of principal, together with interest on the
-3-
unpaid balance of principal at the rate of eight per cent (b) per annum, the
first of said instalir~lents to be due and payable ono Tear from the date of the
last puplication of this Ordinance. Tlie principal amount., of said annual.
installments shall be an amount in each of said fifteen years, respectively,
e<~ua1 to the same percentage of ti?e principal amount of uonds ~Lereafter issued
and sold pursuant to Hrticle 5 of said Ordinance Wo. 350, as amended, to nay ±he
cost of said implrove~~ents) which clature and uecome p~~~abl;> ;r, 1`act: of said fifteen.
y+~ars, r°spCC~1VE?1'fp a5 the _ICrCC'i1'tag@ CIF!tE."'I:iL1Cd ~7`j dlVlthna i~lc Or1C!lndl
principal amount of the assessment: payable i^ installments uy the total principal
of all of said bonds.
The Director of ;=i~~ance shall add Co each ara.uai installment e~ amount
e_rual to one half of one per cent (1~2;;) of the total amount of t}:e installment,
both principal and interest, to cover the e;;penses of collection.
;E(,T_0[ 6. This 0^~in.;!?~"hall taL~a effec~ upon its app»nval.
IYil.o, ilawaii
Date of Introduction: ,,_iar;~ L, '~^^
Late of tidop-tion: . ,-__ _ ';~"n
_q_
iidT-20DOCE~; BY:
Hilo. Hawaii
Date: Fehruarv 16. 1972
FIR57 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:
Hilo, Hawaii
Date: March 1, 19'72
SECOND & FINAL READING
AYES NOES A/E
Carpenter ~'
De Luz ,~
"-
Edwards
Greenwel I
Hisaoka
Souza --
Yadao '
Yamada --
Chr Matayoshi ~'
g
Publication Date:
MAR ;; 1972
We do hereby certify that the foregoing BILL was adopted by the County Council and published
as indicated above.
Approved/@im¢preysd tl
,~~ 4t-L~3~/
/ ,!'i
day of
19 ~ ~
/~ 7
~'
„~ayor, County of Hawaii
v
FEr, ;; ;;~,~
Bill No 844
Reterence• C-1133.7/PWC-74
M. B. No ~~'
;•~ 4:
Ord. No~_ _
County Clerk
Bill No. 844 - 19'72
AN ORDINANCE PROVIDING FOR THE COST OF IMPROVEMENTS IN "IMPROVEMENT DISTRICT
N0. 11 - DISCOVffi2Y HARBOR SUBDIVISION AND ADJACENT LANDS," IN WAIOHINU,
DISTRICT OF KA'U, HAWAII, AND FLKING THE PORTIONS OF TAE COST TO BE ASSESSED
AGAINST THE BENEFITED PROPERTIES, RESPECTIVELY, AND IMPOSING THE LIEN AGAINST
EACH IAT OR PARCEL OF LAND ASSESSED ACCORDING ~ THE ASSESSMENT, AND PROVIDING
FOR PAYMENT OF ASSESSMENTS IN INSTALLMENTS.
This Bill confirms the preliminary proceedings heretofore had and taken
under Ordinance No. 350 of the County of Hawaii, as amended, Improvements by
Assessment, xith respect to the creation of "IMPROVEMENT DISTRICT NO. 11 -
DISCOVERY HARBOR SUBDIVISION AND ADJACENT LANDS," in Waiohinu, District of
Kau, Hawaii, and the making of the proposed improvements; confirms and adopts
the assessment against properties in said Improvement District as contained
in the Final Assessment Roll and the amounts set forth therein are hereby
fixed as the portions of the cost of said improvements which are hereby assessed
against said benefited parcels of land, respectively, and as provided by
Ordinance No. 350, as amended, said amounts of assessments against said parcels
of land, respectively, shall be a lien against each of said parcels of land,
respectively, from the date of first publication of this ordinance; finds and
declares that the total cost of the authorized improvements in said Improvement
District, except the amount, if any, by which the construction cost of the
offsite water facilities exceeds the sum of $285,000 (which excess, if any, will
be borne by the Department of Water Supply), and except the sum of $13,096
(which, if necessary will be contributed by Cal-Pacific Resources of Hawaii,
Ltd., pursuant to and in accordance with its agreement to do so, which was
filed with the Office of the County Clerk on February 10, 19'72), is the sum of
Four Million Six Hundred Thousand Dollars ($4,600,000) and said sum is hereby
charged, assessed and levied against, and shall be collected from the properties
in said Iaprovement District privately owned and not specifically exempted by
this Ordinance, and the owners thereof, respectively; creates a special fund
to be known as "SPECIAL FUND FOR IMPROVEMENT DISTRICT N0. 11 - DISCOVERY HARBOR
SUBDIVISION AND ADJACENT LANDS." and all moneys collected by the County of
Hawaii's Director of Finance for assessments levied by this Ordinance, not
required for the payment of interest and sinking funds fnr 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 said SPECIAL FUND; and sets forth the
method o£ payment of assessments i.n installments.
Date Introduced: February 16, 1972
Copies of the foregoing Bill, ir. 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 February 16, 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
)S+c~f4~ti
COUNTY CLERK (~
COUNTY OF HAWAII
ORDINANCE N0. 446
(Bill No. 844-192)
AN ORDINANCE PROV ID ING FOR THE COST OF IMPROVEMENTS IN "IMPROVEMENT
DISTRICT N0. 11 - DISCOVERY HARBOR SUBDIVISION AND ADJACENT LANDS,"
IN WAIOHINU, DISTRICT OF KA'U, HAWAII, AND FIXING THE PORTIONS OF THE
COST TO BE ASSESSED AGAINST TAE BENEFITED PROPERTIES, RESPECTIVELY,
AND IMPOSING THE LIEN AGAINST EACH LOT OR PARCEL OF LAND ASSESSED
ACCORDING TO THE ASSESSMENT, AND PROVIDING FOR PAYMENT OF ASSESSMENTS
IN INSTALLMENTS.
Date Approved: March 1, 19'72
Date Effective: March 1, 192
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 March 1, 19`72.
AYES: Councilmen Carpenter, De Luz, Edwards, Greenwell, Hisaoka,
Souza, Yadao, Yamada and Chairman Matayoshi - 9-
NOES: None
COUNTY CLERK
COUNTY OF HAWAII
'~ -'~
oj' ' ~.
~~ 1,r,;L
f
Tadashi Suzuki ~
COUNTY CLERK '~sF H
^FFICE OF THE COUNTY CLERK
COUNTY ^F HAWAII
HILO, HAWAII 9672^
Pfayor Shunichi Kimura
County cf Hawaii
Ffilo, Hawaii
I hereby transmit Ordinance Bi11_ No. 446
the County Council on second and final reading.
Robert Shioji
DEPUTY COUNTY CLERK
passed by
COUNTY CLERK
lincl.
Dated: March 1, 19'72