HomeMy WebLinkAboutORD 1972-472BILL N0. y.'3
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE N0. ~~~~
AN ORDINANCE PROVIDING FOR THE COST OF IMPROVEMENTS IN "IMPROVEMENT DISTRICT
N0. 9 - CONSTRUCTION OF WATER LINE FOR CAPTAIN COOK HEIGHTS SUBDIVISION, UNIT
I", IN THE DISTRICT OF SOUTH KONA, COUNTY OF HAWAII, 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 BY THE COUNCIL OF THE 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 'IMPROVEMENT DISTRICT N0. 9 -CONSTRUCTION OF WATER LINE FOR CAPTAIN
COOK HEIGHTS SUBDIVISION, UNIT I'~, in the district of South Kona, County of
Hawaii, and the making of the proposed improvements as set forth and referred
to in Resolution No. 420 of 1971, directing the Chief Engineer to submit prelimi-
nary report; Resolution No. 427 of 1971, adopting the preliminary report of the
Chief Engineer; Resolution No. 428 of 1971, creating, defining and establishing
Improvement District No. 8; Resolution No. 436 of 1971, adopting final reports
of the Chief Engineer; Resolution No. 485 of 1972, conditionally accepting the
bid of Corps Construction, Limited; written consents to accept the increase in
assessment from owners of the twenty-three properties comprising one hundred
per cent of the area to be assessed, all of which were filed with the County
Clerk on April 28, 1972; Resolution No. 499 of 1972, adopting Assessment Report
of Chief Engineer, including Corrected Map, the list of owners, lessees and
occupants (so far as known), a Preliminary Assessment Roll and Description of
Properties, and in respect of the one hundred per cent petition for improvement
district no notice for full public hearing is necessary as provided for 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. CONFIRMING ASSESSMENT. Written consents of owners of the
twenty-three properties comprising one hundred per cent of the area to be
assessed, duly acknowledged as required by law by the owners of one hundred
per cent of the area subject to assessment within this Improvement District,
having been filed with the County Clerk, approving 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 Assessment
Ro11 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 Ro11,
accompanying the Assessment Report dated April 11, 1972, 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 benefits of
this improvement are concerned.
Therefore, the said proposed assessment as contained in the Preliminary
Assessment Roll accompanying the Chief Engineers Assessment Report of April
11, 1972 is hereby confirmed and adopted as and for the assessment against proper-
ties in said Improvement District and against the owners thereof respectively.
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 Corps Construction, Limited, the Lowest responsible
- 2 -
bidder, for constructing the water system improvements in place complete
($22,153.80), including cost of land acquisition, engineering, surveys,
inspection, printing of bonds, advertising and incidentals ($4,654.07) is
the total sum of TWENTY SIX THOUSAND EIGHT HUNDRED SEVEN AND 87/100 DOLLARS
($26,807.87); that the total proportion of this total sum cost which is to
be borne by the County of Hawaii for the full cost of engineering, inspection
and incidentals is the sum of ONE THOUSAND FOUR HUNDRED AND NO/100 DOLLARS
($1,400.00); and that the balance of TWENTY FIVE THOUSAND FOUR HUNDRED SEVEN
AND 87/100 DOLLARS ($25,407.87) 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 N0. NINE - CONSTRUCTION OF WATER
LINE FOR CAPTAIN COOK HEIGHTS SUBDIVISION, UNIT I", 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
FUND.
SECTION 5. ASSESSMENT RATE FOR GENERAL IMPROVEMENTS. 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 $0.0736458 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.
SECTION 6. PAYMENT OF ASSESSMENTS IN INSTALLMENTS. In case of an election,
either by act of the owner or other interested party or by operation of law, to
- 3 -
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
installments of principal, together with interest at the rate of six per cent
(6%) 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 subse-
quent installments 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
be due and payable annually thereafter, dating from the date of the last publi-
cation of this Ordinance.
SECTION 7. This Ordinance shall take effect upon its approval.
INTRODUCED BY:
cfd~0`~
C I , COUNTY OF dAII
Hilo, Hawaii
n
Date of Introduction: I`'aY 3+
Date of Adoption: May 17, 1972
- 4 -
Hilo, Hawaii
Date: Ma.y z , i
FIRST READING
AYES NOES A/E
Car enter
De Luz X
Edwards X
Greenwell X
Hisaoka X
Souza X
Yadao ;{
Yamada ~
Chr Matayoshi X
n c
Publication Date:
I~AY ~ »~~
Hilo, Hawai
Date: Mav 17. 1972
SECOND & FINAL READING
AYES NOES A/E
Carpenter X
De Luz X
Edwards X
Greenwell X
Hisaoka X
Souza X
Yadao }{
Yamada X
Chr Matayoshi X
9 0 0
Publication Date: May 2S, 197
We do hereby certify that the foregoing BILL was adopted by the County Council and published
as indicated above.
Council Chairman
County Clerk
Approved app~eved
~ iq
day of
,isyy.
~ ~
r~/ ~r?~
~ ~' 1 t-~b G Z- ~~ '~~ '_ Reference:
Mayor, County of Hawaii M.B. Nn.. /7-3 1. /7.E l
Bill No.__ "`
Bill No. 873 - 1972
AN ORDINANCE PROVIDING FOR THE COST OF IMPROVEMENTS IN "IMPROVEMENT DISTRICT
N0. 9 - CONSTRUCTION OF WATER LINE FOR CAPTAIN COOK HEIGHTS SUBDIVISION, UNIT
I", 7N THE DISTRICT OF SOUTH KONA, COUNTY OF HAWAII, 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.
This Bill states that the Council of the County of Hawaii does hereby adopt,
approve and confirm all and singular the proceedings heretofore had and taken under
the Improvement by Assessment Ordinance (Ordinance No. 350) with respecttp the
development, creation and establishment of "IMPROVEMENT DISTRICT N0. 9 - CONSTRUC-
TION OF WATER LINE FOR CAPTAIN COOK HEIGHTS SUBDIVISION, UNIT I", in the district
of South Kona, County of Hawaii; confirms the said proposed assessment as contained
in the Preliminary Assessment Roll accompanying the Chief Engineer's Assessment
Report of April 11, 1972, and adopts as and for the assessment against properties
in said Improvement District and against the owners thereof respectively; finds
and declares that the total cost of the authorized improvements in said Improve-
ment District, based upon the bid of Corps Construction, Limited, the lowest
responsible bidder, for constructing the water system improvements in place
complete ($22,153.80), including cost of land acquisition, engineering, surveys,
inspection, printing of bonds, advertising and incidentals ($4,654.07) is the
total sum of TWENTY SIX THOUSAND EIGHT HUNDRED SEVEN AND 87/100 DOLLARS
($26,807.8'7); that the total proportion of this total sum cost which is to be
borne by the County of Hawaii for the full cost of engineering, inspection and
incidentals is the sum of ONE THOUSAND FOUR HUNDRED AND NO/100 DOLLARS ($1,400.00);
and that the balance of TWENTY FIVE THOUSAND FOUR HUNDRED SEVEN AND 87/100
DOLLARS ($25,407.87) is hereby charged, assessed and levied against, and shall
be collected from the properties in said Improvement District privately awned
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; creates a special fund to be
known as "SPECIAL FUND FOR IMPROVEMENT DISTRICT N0. NINE - CONSTRUCTION OF WATER
LINE FOR CAPTAIN COOK HEIGHTS SUBDIVISION, UNIT I", and all moneys collected by
the Treasurer, Department of Finance, County of Hawaii, fox• asse=sments levied by
this Ordinance, not required for the payment of interest and sinksing 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 FUND; and sets
forth the method of payment of assessments in installments all properties within
said Improvement District, created as aforesaid, privately owned and not herein
specifically exempted, and the owners thereof respectively, at a uniform rate of
$0.0736458 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.
Date Introduced: May 3, 1972
Bill No. 873 - 1972
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 Bill passed first reading at the meeting
of the County Council on Nay 3, 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.
COUNTY CT.F.RK U
COUNTY OF HAWAII
oI
s-C
FOR
caMirms In! YW PopDfaO aaewtment as
contalnae in Me PrellminarY AfaMimptt
Rotl accempenYlnp ins QIeF EngiMer't
AtsDetmMt Rtperl N Apll ll. Ipt, one
anR apumt Ma owners
tlvelYi tines arM UaclNa{ ryy) Me~pyl
cost N tna agMOyl[W ImgavMllanh. in
sale ImDlbvemeni DlatNCt, WsaO YRNt the
Cie N CarDa ComlrucibR, Linlitatl. Me
rawest reaponsiCfa CItlWr, M coMMUNinp
Me wafer sYSiem iml%wamenN In glace
comDlero ftrl,iSS.agl, IMIUtMIp cget N
rone acRYisltron, engitwerillq, Wrveyt,
inspKtion, prMRrlp of aolltle, iNMwtitinp
and incitlentala (f1.W.W l N the Mal tym
.N TW NTY SI% THOUSAND .EfOHT
HUND~ED SEVEN AND Q.Igq
IMLLARS IfY6,egl.Al: Mat Me itNil
Weportlon of Mb rolal wm cost welch N ro
Ce Mr11e CY iM CalmiY M Hawaii M ins
fYll [MI M wn~n.-.~ , ..
Of
one nal..a ••• ~~. Pr~valwY awwM
pY[INI:iIIY lvamptatl by Mls
Ortlinance, Me the owners thbe0l
respectively, accortlinq to ins total
amONlt3 nNIINpM I(stW, atlvHtlaetl arq
rnmpyfetl accorNnp to Me rams N
m{e9ammrnlrNMNlr sN rorMJ rrY}ey
a sDtcial fund robe knownm "SPECIAL
FUND FOR IMPROVEMENT DISTRICT
NO. NINE - CONSTRUCTION OF
WATER LINE FOR CAPTAIN COOK
NEIOHTS SUBDIVISION, UNIT I", atltl
for assestmenN IevlNl by Mis Orelnarlce,
not requirM for the paYmmr N interest
anp sinking IYntl ror bontls bM, one Me
proceaps M all 41st of bontlt mltl to coyer
me cost of improvemenN In ai0 Im~
povemmt Oisirici mall Ce ph<etl in Me
saie SPECIAL FUND: one yell Mtn ins
metnotl of paYmMt of abXNminb in
installmMts all propHiiet Wlinin saitl
Improvemint OiairlCL Craarea as
aferw:n ,.....~,~,.. _..__~ __ .
Tnis sill states iMl ins Council a Me
CoumtY N Hawaii tloes nNepY etlopi,
approve an0 caMMm all aM singular Me
pocMlrlgs haratdonnatl aM taken
untkr Me ImDrovemaM by AataMment~
Oltllnance (OrtlManp No. SID} rriM
respect ro the Mveloemant. cre.na•, ...
w....... ..... m.,..~,
v
NOES: None.
TADASHI SUZUNI
COUNTY CLERK
COUNTY OF HAWAII
110J Hawdil Tribune Heraltl.
May 8, 19721
ORDINANCE NO. 472
(Bill No. 873-1972)
AN ORDINANCE PROVIDING FOR THE COST OF IMPROVEMENTS IN "IMPROVE-
MENT DISTRICT NO. 9 - CONSTRUCTION OF WATER LINE FOR CAPTAIN
COOK HEIGHTS SUBDIVISION, UNIT I", IN THE DISTRICT OF SOUTH KONA,
COUNTY OF HAWAII, 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.
Date Approved: May 17, 1972
Date Effective: May 19, 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
May 17, 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.
w
a,.SNTf N'1 "IM
,'~PROVEMENT DISTRIOT ~'/0. 9-
CONSTRUCTION OF WATER LINE FOR
CAPTAIK COOK HEIGHTS 6UB~
DIYISIGN. UNIT 1", IN THE DISTRICT
OF SOUTH KONA, COUNTY OF NAWAI I,
AND FI%ING THE PORTiON3 OF THE
C08T TO BE ASSESSED AGAINST THE
BENEFITED PROPlRTIES AND
AGAINST THE OWNERS THEREOF
RESPECTIVELY, AND IMPOSING THE
LIEN AGAINST EACH LOT~OR PARCEL
W LAND ASSESSED ACCORDING TO
THE ASSESSMENT IN KILO. HAWAII.
Dale ApyWed: May la,-19M
DeN ENMivc May 19, 19/a
Caplee N Ms "ceppMp OrdNRnca, In
roll, are on Rla in Me OHke of NN CanlY
CIWk for use'and eaaminMi"I by Nw
Wklic.
I herepy cer0ly mat me laelainR.
OrdlnancepeeeM eeCOM and ilMl fNUNy
al IM mMhq b Me County CpncN On
Hey 17, IWa, pY Me IpIIOWMp aye and m
wlc
AYES: Councilmen CarpMer, W Lu:,
Etlwarde. GreenwNi. H16aWa. Spun.
YtleO, Yamads ark Galrman MHSweki
-9.
NOES: None
. 4rc~ CJ
COUNTY CLERK
COUNTY OF HAWAII
Tbaehi wrokl
COUNTY CLERK,
COUNTY OF HAWAII
(W-Hawaii Tripune~Mxald: May a5.
IWa.I
Tadashi Suzuki
COUNTY CLERK
OFFICE OF THE COUNTY CLERK
COUNTY OF HAWAII
MIlO, HAWAII 9672^
?Mayor Shunichi Kimura
County of Hawaii
file, llawaii
Robert Shioji
DEPUTY COUNTY CLERK
I hereby transmit Ordinance Bi11 No, _ 873 pass _d by
the County Council on sacond aad finzl -reading,
~(~~-~LL-cll~n. ~~,Glr ,t/'
~ ~
COUN'PY C1.EBK
GncL,
Dated: May 18, 1972 ;~ ,.y,
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