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Home My WebLink AboutORD 1972-524 r~I~~z No a 928 ORDINANCE N0. ir)j•i AN ORDINANCE PROVIDING FOR THE COST OF IMPROVEMENTS IN °IMPROVEMENT DISTRICT NUMBER 10, NORTH KONA, HAWAII, AND FIXING THE PORTIONS OF THE COST TO BE ASSESSED AGAINST THE BENEFITED PROPERTIES AND AGAINST THE OWNERS THEREOF RESPECTIVELY, AND IMPOSING A LIEN AGAINST EACH LOT OR PARCEL OF LAND ASSESSED ACCORDING TO THE RESPECTIVE ASSESSMENTS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. PRELIMINARY PROCEEDINGS CONFIRMED. The Council does hereby adopt, approve and confirm all and singular the proceedings here- tofore had and taken under Ordinance No. 350, as amended, of the County of Hawaii adopted November 5, 1970 (herein °Ordinance No. 350~~), with respect to the development, creation and establishment of ~~IMPROVEMENT DISTRICT NUMBER 10, NORTH KONA, HAWAII, and the making of the proposed improvement as set forth and referred to in Petition No. C-1602, filed with the Clerk on September 14, 1971, and in Resolutions of said Council Nos. 412 (1971) and 424 (1971), 452 (1972), 513 (1972), 544 (1972), 547 (1972) and the minutes of meetings of said Council as heretofore adopted, the final report of the Chief Engineer, dated May 8, 1972, the Assessment Report of said Chief Engineer, dated August 9, 1972, accompanying which were the Corrected Map of said Improvement District, the list of owners, lessees and occupants (so far as known) and, a Preliminary Assessment Roll and Description of Properties, in respect of which notice and full public hearing have heretofore been given and held as required by Ordinance No. 350 and to all of which reference is hereby made and by this reference incorpo- rated herein and made a part hereof. SECTION 2. CONFIRMATION OF ASSESSMENTS. No objections having been made and filed at the assessment hearing for this Improvement District held on September 27, 1972 and full and 'fair hearings having been held in respect thereto and after careful consideration of the facts relating 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 assessments in said Improvement District is or will be specially benefited by said improvements to the amount of and in fair proportion to the respective assessments proposed therefor in the Preliminary Assessment Roll, submitted with the Assessment Report of Agusut 9, 1972, and said several assessments as contained therein are hereby declared just and equitable both as to the respective total amounts and .as to the apportionment as so listed and proposed; variations i.n shapes or depths of Lots, if any, being immaterial so far as approximate benefits of this improvement are concerned; and that said several proposed assessments contained in said Preliminary Assessment Roll, accompanying said Chief Engineers Assessment Report, dated August 9, 1972, are hereby confirmed and adopted as and for the assessments against properties 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 S. M. Tanaka Construction, Inc., the lowest responsible and reliable bidder, including the cost of grading, paving, traffic markings, drainage, local water system, street lighting system and other improvements in place complete being THREE MILLION FOUR HUNDRED FORTY-EIGHT THOUSAND ONE HUNDRED NINETY-SEVEN AND 62/100 DOLLARS ($3,448,197.62); the cost of land and damages required for said street rights- of-way and easements being $3,000; the cost of engineering, incidentals and inspection being $664,802.38; and the cost of bond discount being $84,000.00; is the total sum cost of FOUR MILLION TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($4,200,000.00) and this amount is hereby charged, assessed and levied against, and shall be collected from properties in said Improvement District privately owned and not specifically exempted by this Ordinance, according to the total amounts heretofore listed, advertised and computed according to the rates of assessments hereinafter set forth. SECTION 4. IMPROVEMENT DISTRICT ASSESSMENT FUND. All moneys collected by the Director of Finance of the County of Hawaii for assessments levied by - 2 - this Ordinance, not required for 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 a fund hereby established and designated as the IMPROVEMENT DISTRICT ASSESSMENT FUND. SECTION 5. APPROPRIATIONS BY COUNTY. Any moneys heretofore advanced by the County for engineering and incidental costs and/or for acquisition of street rights-of-way and easements for said Improvement District shall be reimbursed from said IMPROVEMENT DISTRICT ASSESSMENT FUND to the appropriate fund accounts; and out of all moneys now or hereafter to become available in the IMPROVEMENT DISTRICT ASSESSMENT FUND, the sum of FOUR MILLION TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($4,200,000.00) is hereby appropriated into an account to be known as ~~Cost of Improvements -Improvement District Number 10~~ and in accordance with said Petition No. C-1602 and the Final Assessment Report of August 9, 1972, the sum of TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($200,000.00) is hereby made available for the purpose of reimbursing the Petitioners and/or Kaloko Services Corp. for incurring the cost of prepa- ration of said Petition No. C-1602. SECTION 6. ASSESSMENT LIEN. All assessments made on properties within said Improvement District shall be a lien against each assessed lot or parcel in its entirety from the date of the first publication of this Ordinance declaring the assessment until paid and shall have priority over all other liens except the lien of property taxes and for other public purposes. SECTION 7. PAYMENT OF ASSESSMENTS. All assessments made on properties within said Improvement District shall become due and payable thirty (30) days after the last publication of this Ordinance. SECTION 8. PAYMENT OF ASSESSMENTS IN INSTALLMENTS. In case of an elec- tion, 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 Director of Finance in fifteen (15) approxi- mately equal annual installments of principal and interest, the first of said - 3 - installments of principal to be due and payable within thirty (30) days after the date of the last publication of this Ordinance; and all subsequent installments of principal and interest at a rate of eight per cent (87) per annum shall be due and payable annually hereafter from the date of the last publication of this Ordinance. The Director of Finance shall add to each annual installment an amount equal to one half of one per cent (127.) of the total amount of the installment, both principal and interest to cover the expense of the collection. SECTION 9. This Ordinance shall take effect upon its approval. INTRODUCED BY ~~~~ ounci an ~~% HILO, HAWAII DATE OF INTRODUCTION: September 27, 1972 DATE OF ADOPTION: October 4, 1972 - 4 - it~: Bill No. 92H - 1972 AN ORDINANCE PROVIDING FOR THE COST OF II~ROVEMENTS IN "IMPROVEMENT DISTRICT NUMBER 10, NORTH KONA, HAWAII,"AND FIXING THE PORTIONS OF THE COST TO BE ASSESSED AGAINST THE BENEFITED PROPERTIES AND AGAINST THE OWNERS THEREOF RESPECTIVELY, AND IMPOSING A LIEN AGAINST EACH LOT OR PARCEL OF LAND ASSESSED ACCORDING TO THE RESPECTIVE ASSESSMENTS. 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 respect to the development, creation and establishment of "IMPROVEMENT DISTRICT N0. 10, NORTH KONA, HAWAII"; confirms the said proposed assessment as contained in the Preliminary Assessment Roll accompanying the Chief Engineer's Assessment Report of August 9, 1972, and adopts as and for the assessment against properties in said Improve- ment District and against the owners thereoY respectively; finds and declares that the total cost of the authorized improvements in said Improvement District, based upon the bid of J. M. Tanaka Construction, Inc. the lowest responsible bidder, including the cost of grading, paving, traffic markings, drainage, local water system, street lighting system and other improvements in place complete being THREE MILLION FOUR HUNDRED FORTY-EIGHT THOUSAND ONE HUNDRID NINN'PY-SEVEN AND 62/100 DOLLARS ($3,448,197.62); the cost of land and damages required for said street rights-of-way and easements being $664,802.38; and the cost of bond discount being $84,000.00; is the total sum post of FOUR MILLION TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($4,200,000.00) is hereby charged, assessed and levied against, and shall be collected from 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; creates a special Hind to be known as "IMPROVEI~NT DISTRICT ASSESSMENT FUND", and all moneys collected by the Treasurer, Department of Finance, County of Hawaii, for assessments levied by this Ordinance, 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 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: September 27, 1972 IRLV f6v qam... ....__., _. S.M. AANt ANtlrFACbry -IMtiAAA AAAEAY ANO E -KAREN AEE 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 September 27, 1972, by the follow- ing aye and no vote: AYES: Councilmen Carpentc>r, H:dward", .~isaoka, Souza, and Chairman riataVoshi - S. NOES: Count_lman Greenwel7 - 1. A3Si:'?I' A'SD 13XCUSFD: Councilmen De Luz, Yadao, and Yamada - 3. //'~ ~J C COUNTY OF HAWAII ORDINANCE NO. 524 (Bill No. 928-1972) AN ORDINANCE PROVIDING FOR THE COST OF IMPROVEMENTS IN "IMPROVEMENT DISTRICT NUMBER 10, NORTH KONA, HAWAII, AND FIXING THE PORTIONS OF THE COST TO BE ASSESSED AGAINST THE BENEFITED PROPERTIES AND AGAINST THE OWNERS THEREOF RESPECTIVELY, AND IMPOSING A LIEN AGAINST EACH LOT OR PARCEL OF LAND ASSESSED ACCORDING TO THE RESPECTIVE ASSESSMENTS. Date Approved: October 4, 1972 Date Effective: October 4, 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 October 4, 1972, by the following aye and no vote: AYES: Councilmen Carpenter, De Luz, Edwards, Hisaoka, Souza and Chairman Matayoshi - 6. NOES: None. ABSENT AND EXCUSED: Councilmen Greenwell, Yadao and Yamada - 3. iii" AN ORDINANCE PROVIDING FOR THE COST QF Dd- PR(7VLMENTS IN "IM- PROYEI[R1YT'' DISTRICT NUA~ER 19, NORR~fi XONA, HAWAII, ANb FIXING THE PbR1RQNS Og'i C03f TO HE AShESSED AGAINST TAE ~0\ ~eta~u/~y~ CJ COUNTY CLERK COUNTY OF HAWAII AGAII~ISST A LIEN LOT OR Date. Approved: October 9, 1972 Date Effective; Oei~er 4, 1978 "~~ e+ tt~ ~~~~~y r Vos~'sysea P"tc ~q ~~`pe~s~~ o~,~' ~~ ~ , ,~ -~,~ ._:- Tadashi Suzuki _ '' COUNTY CLERK '_F.i OFFICE OF THE COUNTY CLERK COLINTV OF HAWAII HILO, HAWAII 96720 Mayor Shunichi Kinura County of Hawaii Hilo, Hawaii I hereby transmit Ordinance Eill No, ~~~ the County Council on second and final reading, Robert Shioji DEPUTY COUNTY CLERK pass_d by ~~~ ,, COUl~~`CY CLERK Encl. Dated; Octoher 4, 1972 Iii lo, ;iawaii Date: September. ??, 1977 FIRST READING AYES NOES A/E Car enter :{ De Luz X Edwards t Greenwell Hisaoka ` Souza Yadao f Yamada Chr Matayoshi ^ 5 1 3 Publication Date September 29, 172 iii lo, ;la~~a Date: Ocroher_ ~! i977 SECOND & FINAL READING AYES NOES A/E Carpenter X De Luz X Edwards X .._ . Greenwell X Hisaoka X Souza X Yadao Yamada X X Chr Matayoshi X 6 U 3 Publication Dafe: nCt'rnl>er (, 1'?73 We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. Council Chairman County Clerk Approved/D'rseppreve/d this L~ - day of (- bb 19 ~ ~ / / Mayor, County of Hawaii Bill No. 9~n __ Reference: -- M.B. No. ?_l_~z_...~.-_~. ORD.7~OINo. __~;~! _._