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Home My WebLink AboutORD 1973-589Bill No. 993 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE N0. :~7~C~_ AN ORDINANCE PROVIDING FOR THE COST OF IMPROVEMENTS IN "IMPROVEMENT DISTRICT N0. 12 - KAUILA STREET SEWERS,° AND FIXING THE PORTIONS OF THE COST TO BE ASSESSID AGAINST THE BENEFITED PROPERTIES AND AGAINST THE OWNERS THEREOF RESPEC- TIVELY, AND IMPOSING THE LIIN AGAINST EACH LOT OR PARCEL OF LAND ASSESSED A000RD- ING 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 r_onfirm 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 "IMPROVE- MINT DISTRICT N0. 12 - KAUILA STREET SEWERS,' Hilo, Hawaii, and the making of the proposed improvements as set forth and referred to in Resolution No. 413 of 1971, directing the Chief Engineer to submit preliminary report; Resolution No. 479 of 1972, adopting the preliminary report of the Chief Engineer; Resolution No. 556 of 1972 creating, defining and establishing Improvement Districe No. 12; Resolution No. 567 of 1972, adopting final reports of the Chief Engineer; Resolution No. 13 of 1973, conditionally accepting the bid of Moses Akiona, Ltd.; Resolution No. 19 of 1973, 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, ixi respect of which notice and full public hear- ing have heretofore been given and held as required by said Improvement by Assess- ment 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 accuring or to accure therefrom and by this reference incorporated herein and made a part hereof. SECTION 2. CONFIRMING ASSESSMENT. One written protest having been made at the assessment hearing for this Improvement District held on March 6, 1973, 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 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 the respective assessments proposed therefor on the Assessment Ro11, dated Sanuary 22, 1973, and said assessments as contained therein are hereby declared just and equitable both as to the respective total amounts and as to the apportion- ment as so listed and proposed; variations in shapes or depths of lots, if any, being immaterial so far as approximate benefits of this improvement are concerned; and that said several assessments contained in the Assessment Roll accompanying said Chief Engineers Assessment Report, dated January 22, 1973, are hereby confirmed and adopted as and for the assessments against properties in said Improvement District and against the owners or lessees 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 Moses Akiona, Ltd., the lowest responsible bidder for improvements in place complete ($33,124.00), and the cost of engineering, inspection, advertising, and incidentals ($9,500.00) is the total sum of FORTY TWO THOUSAND SIX HUNDRID TWENTY FOUR AND NO/100 DOLLARS ($42,624.00); that of this total cost, the sum of NiNETEIN THOUSAND EIGHTY AND NO/100 DOLLARS ($19,080.00) is hereby charged, assessed and levied against and shall be collected from proper- ties in said Improvement District, privately owned and not specifically exempted by this Ordinance, and the owners or lessees thereof respectively, according to the total amounts heretofore listed, advertised, and computed according to the rates of assessments hereinafter set forth; and the balance of the total sum cost which is to be borne by the County is the sum of TWNYTY THREE THOUSAND FIVE HUNDRED FORTY FOUR AND NO/100 DOLLARS ($23,544.00). SECTION 4. SPECIAL FUND. There is hereby created a special fund to be known as °SPECIAL FUND FOR IMPROVEMENT DISTRICT N0. TWELVE - KAUILA STREET SEWERS,~~ and - 2 - all money collected by the Director of Finance, County of Hawaii, for assess- ments 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 SEWER IMPROVEMENTS. All properties within said Improvement District created as aforesaid, privately owned and not herein specifically exempted, and the owners and/or lessees thereof respectively, are hereby assessed for lands which are specially benefited at the rate of $0.08 per square foot on residential properties, $0.10 per square foot on business or industrial properties, and $0.12 per square foot on hotel-apartmer¢ properties within said Improvement District, all as set forth in said Assessment Map and Assessment Roll heretofore incorporated herein, including all improvements set forth in the proceedings heretofore adopted and confirmed. 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 IN INSTALLMENTS. In case of an election either by act of the owner or by other interested party, or by operation of law to pay an assessment in installments, the assessments herein shall be due and payable to said Director of Finance, County of Hawaii, in twenty (20) equal annual installments of principal, the first of said installments of principal shall be Sue and payable and must be paid to said Director of Finance within thirty (30) days after the date of the last publication of this Ordinance, and all subsequent install- ment of principal, together with interest on the whole of the unpaid balance of principal at the rate of six and one-half per cent (62%) per annum shall be due - 3 - and payable annually thereafter, dating from the date of the last publication of this Ordinance. SECTION 8. This Ordinance shall take effect upon its approval. INTRODUCID BY: . ~- N I , COUNTY OF WAII Hilo, Hawaii Date of Introduction: May 31, 1973 Date of Adoption: June 20, 1973 Effective Date: June 27, 1973 - 4 - Hilo, Hawaii Date: May 31, 1973 FIRST READING AYES NOES A/E Car enter X De Luz X Farias X Fujii X Hisaoka X Kawahara X Matayoshi X Yadao X Chr. Yamada X 9 Publication Date: JUne 5, 1973 Hilo, Hawaii Date: .r,,,, o ~ n i 4 ~ z SECOND & FINAL READING AYES NOES A/E Carpenter X De Luz X Farias X Fujii g Hisaoka X Kawahara X Matayoshi X Yadao X Chr. Yamada 9 JUL 6 1973 Publication Date: We do hereby certify that the foregoing BILL was adopted by The County Council and published as indicated above. APP ~".. ~ ~_ ~~^. O,v I ~, ~.~~ oam: ._~...= ~..... /,1....._...... ~' ~Q~ ed this-._.___ day of 1J ~b~i.~ `be. ~-.~tY-.. Q ~ rl Council Chairman ~~ County Clerk ~ ~ ~ ,/ ~~~~ ~~ ;~,,Ci,i,lL~~~ ~~'~'1~1,~,!VL~.t~,- ~~i Mayor, County of Hawaii Bill No. 99.3 References. _ C-15.3/PWC-10 ~ ~ _ ~ ,~ ~. M.B. No. --..' - _.._- Ord. No.._ _T_____._ Bill No. 993 - 1973 AN ORDINANCE PROVIDING FOR THE COST OF IMPROVEMENTS IN "IMPROVEMENT DISTRICT NO. 12 - KAUILA STREET SEWERS," AND FIXING THE PORTIONS OF THE COST TO BE ASSESSED AGAINST THE BENEFITED PROPERTIES AND AGAINST THE OWNERS THEREOF RESPECTIVELY, AND IMPOSING THF. LIEN AGAINST EACH LOT OR PARCEL OF LAND ASSESSED ACCORDING TO THE ASSESSMENT IN HILO, HAWAII. This Bill provides for the cost of improvements in Improvement District No. 12 - Kauila Street Sewers, and fixes the portions of the cost to be assessed against the benefited properties and against the owners thereof respectively, and imposes the lien against each lot or parcel of land assessed according to the assessment in Hilo, Hawaii. Date Introduced: May 31, 1973 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 May 31, 1973, by the following aye and no vote: AYES: Councilmen Carpenter, De Luz, Farias, Fujii, Hisaoka, Kawahara, Matayoshi, Yadao and Chairman Yamada - 9. NOES: None. ~F~tr.+w-1SR h _N~ KAYrLA /TREET SEWERS," AND FIRING THE PORTIONf OF THE COST TO EE ASfESEED AGAINST THE BENEFITED PROPERTIES AND AGAINST THE OWNERS TNERlOF RESPECTIVELT', AND IMPOSING THE LIEN •OAIN/T [ACN LOT OR PARCEL OF LARD AffE/fED ACCORDING TO TNF ASS[S/NEXT IN NILO, XAWAII. Thla Bill pFOViOes la Me cost N Im~ prMemenis in ImprWement Dlsirict No. -Kauila StreN Sewers, sntl NaN the gortlene N fM lbatM be easassad ageinat tlllbnNlted properties end painst Me oWnlra Mereol 1'Npsclively, and Impoxs the lien epaiml each lot or pNCO N Ieltd .seeNatl xe%Mro to the aefesfinent In Nlb, NrvNl. DNS 1MrMUCed: May ]I, 191] Cepias N Me /erpolbp BIIh in WIh ere an Isla In fna OIIIM N ine County Clerk ler Ise and eKaminNlan by Ins Ovbllc. I hWeby <erM9 Mat tna foregokq BIII pseaed Ilrft reeding at the meNiro Of ine COUntY Council an MaY ]l, 1%], by the bl~Owlro aye and ro vote: AYES::[elmcilmM Cerpenler, De Lux. Far(tl, Fuhl,~ NiWke, Kawenaro, MNayoNi, Yedee~and Chairmen Yemede -- v. NOES: NaM. ' TADASNI SUZUKI COUNTY CLERK COUNTY OF HAWAII Il@9--NawNi irlbune~Nereld: June 5, 1%]) COUNTY CLERKU COUNTY OF HAWAII ORDINANCE NO. 589 (Bill No. 993-1973) AN ORDINANCE PROVIDING FOR THE COST OF IMPROVEMEN'PS IN "IbIPROVEMENT DISTRICT N0. 12 - KAUILA STREET SEWERS," AND FIXING THE PORTIONS OF THE COST TO BE ASSESSED AGAINST THE BENEFITED PROPERTIES AND AGAINST THE O6r1NER5 THEREOF RESPECTIVELY, AND IMPOSING THE LIEN AGAINST EACH LOT OR PARCEL OF LAND ASSESSED ACCORDING TO THE ASSESSMENT IN HILO. HA4•iAII. Date Approved: June 20, 1973 Date Effective: June 27, 1973 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 June 20, 1973, by the following aye and no vote: AYES: Councilmen Carpenter, De Luz, Farias, Fujii, Hisaoka, Kawahara, hiatayoshi, Yadao and Chairman Yamada - 9. NOES: None. ,~~ COUNTY CLERK COUNTY OF HAWAII