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HomeMy WebLinkAboutORD 1973-606BILL N0. 1011 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE N0. 60~' AN ORDINANCE PROVIDING FOR THE COST OF IMPROVEMENTS IN "IMPROVEMENT DISTRICT N0. 15 - WILDER ROAD IMPROVE- MENT," KAUMANA, COUNTY OF HAWAII, AND FIXING THE POR- TIONS OF THE COST TO BE ASSESSED AGAINST THE 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. 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 proceedings here- tofore had and taken under Ordinance No. 350 of the County of Hawaii, as amended, Improvements By Assessment, with respect to the creation of "IMPROVEMENT DISTRICT N0. 15 - WILDER ROAD IMPROVEMENT," Kaumana, Hawaii, and the making of the proposed improvements, all as set forth and referred to in the Petition therefor filed in the office of the County Clerk on December 29, 1972, as amended by the Amendment to Petition filed in the office of the County Clerk on March 23, 1973, Resolutions Nos. 47, 54, 59, i~ and 104(1973), the reports of the Chief Engineer of the Department of Public Works which were filed pur- suant to referral of said petition to him and said Reso- lutions Nos. 47 and 54 and which were approved and adopted by this Council by the aforesaid resolutions, the Consent and Request signed and acknowledged by Petitioners, and other owners of lots within said Improvement District, which was filed in the office of the County Clerk on august 3 1973, and the assessment report and preliminary roll filed with said petition, as Exhibit V thereto, as amended by Exhibit V-1 to said Amendment to Petition and as further amended and as set forth in the Amended Assessment Report and Final Assess- ment Roll referred to in the report of the Chief Engineer dated August 3 1973, and filed in the office of the County Clerk on August 3 1973, to all of which ref- erence is hereby made for a more particular and detailed description of said Improvement District, the extent thereof, the improvements to be made, the respective parcels of land assessed and the special benefits accru- ing or to accrue therefrom, and all of which by this reference are hereby incorporated herein and made a part hereof. SECTION 2. CONFIRMING ASSESSMENT. Pursuant to section 3.4 of said Ordinance No. 350, as amended, and the determination in said Resolution No. 54 to immediately pro- ceed to fix the assessments, and in respect to said Final Assessment Roll, filed in the office of the County Clerk on August 3 1973, it is hereby specially found and estab- lished that each and every parcel of land made subject to the assessment in said Improvement District is or will be specially benefited by said improvements, that the only differences in the amounts of the proposed assessments on said parcels of land as set forth in the aforesaid -2- preliminary roll and as set forth in said Final Assessment Roll are decreases and increases in the assessments pur- suant to and in accordance with the aforesaid Consent and Request filed in the office of the County Clerk on August ~_, 1973, and that each and every parcel of land is or will be so benefited to the amount of the assessment pro- posed therefor in said Final Assessment Roll, and in fair proportion to the assessments on each and every other parcel of land subject to assessment in said Improvement District, and said assessment as contained therein is hereby declared just and equitable, variations in shapes of lots being immaterial so far as benefits of this improvement are concerned. Therefore, the said proposed assessment as con- tained in said Final Assessment Roll is hereby confirmed and adopted as and for the assessment against properties in said Improvement District, said Final Assessment Roll is hereby incorporated herein by reference, 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. As provided by said Ordinance No. 350, as amended, said amounts of said assessments against said parcels of land, respectively, shall be a lien against each of said parcels of land, respectively, from the date of first pub- lication of this ordinance. SECTION 3. COST OF AUTHORIZED IMPROVEMENTS. It is hereby found and declared that the total cost of the authorized improvements in said Improvement District, ex- cept the amount, if any, by which the acquisition costs -3- exceed the sum of $30,000 plus any moneys unexpended from the improvement fund after completion and acceptance of the improvements (which excess, if any, will be borne by the Gentry-Hawaiiana Joint Venture), is the sum of One Million Two Hundred Forty-Five Thousand Dollars ($1,245,000.00) and said sum is hereby charged, assessed and levied against, and shall be collected from the prop- erties in said Improvement District privately owned and not specifically exempted by this ordinance, and the owners thereof, respectively. SECTION 4. SPECIAL FUND. There is hereby created a special fund to be known as "SPECIAL FUND FOR IMPROVEMENT DISTRICT N0. 15 - WILDER ROAD IMPROVEMENT," and all moneys collected by the Director of Finance, 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 Dis- trict shall be placed in said SPECIAL FUND. SECTION 5. 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 pay an assessment in installments, such assessment shall be due and must be paid to said Director of Finance, Department of Finance, County of Hawaii, in fifteen (15) annual installments of principal, together with interest on the unpaid balance of principal at the rate of eight percent (8%) per annum, the first of said installments to be due and payable one year from the date of the last publication of this ordinance. -4- The principal amounts of said annual installments shall be an amount in each of said fifteen years, respectively, equal to the same percentage of the principal amount of bonds (hereafter issued and sold pursuant to Article 5 of said Ordinance No. 350, as amended, to pay the cost of said improvements) which mature and become payable in each of said fifteen years, respectively, as the percentage de- termined by dividing the original principal amount of the assessment payable in installments by the total principal of all of said bonds. The Director of Finance shall add to each annual installment an amount equal to one-half of one percent (1/2 of 1%) of the total amount of the installment, both principal and interest, to cover the expenses of collection. SECTION 6. This Ordinance shall take effect upon its approval. Mt. View, Hawaii Date of Introduction: August 15,1973 Date of Adoption: August 29, 1973 Effective Date: August 30, 1973 -5- Mt. View, Hawaii Date: Auaust 15. 1973 FIRST READING AYES NOES A/E Car enter X De Luz X Farias X Fujii X Hisaoka X Kawahara X Matayoshi X Yadao if Chr. Yamada X 8 1 Publication Date: August 23, 1973 F3ilo, Hawaii Date: Auaust 2 9 1 9 7'i SECOND 8r FINAL READING AYES NOES A/E Carpenter X De Luz X Farias }L Fujii g Hisaoka )( Kawahara X Matayoshi X Yadao X Chr. Yamada X 8 1 Publication Dare: September 2, 1973 We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. APPROVED „ ,,, FC)RM r • CC.~J~. _L G]U,uTi ~~ Ian VJ,clf r. .:, r.. Daly .::;._.:.! v~~ f.I Approved/Diaeppreved-ih is- ~ day of f-- ~ , ;i-- Mayor, County of Hawmi .. ~ ~ ~l Council Chairman `--~~~ County Clerk Bill No._ lUll Reference: ___ _ M.B. No. ~' ~~- ~.~~ Ord. No. _--~~F~ 89.11 r,o. loll - 1973 AN OttDINANCE PI20VIDINC; FOR 'T'HE COST OI' IMPROVEMENTS IIS "7r1PROVE- MEN'P DISTRICT id0. 15 - Y7IhDEi2 :ROAD IMPROVEb1ENT," KAUMANA, COUNTY OF FIAWAII, AND F'I:CIr7G 'PHA POK'T'IUr7S OF THE COS'P '10 BE ASSESSEll AGAINST 'PHE BErfEFT'PED PROPER'PIES, '.ZESPEC'PIVELY, :1NI: IMPOSING THE LIED AGAINST F.ACIi LOT OR PARCEL O.T.•' LA27D ASSESSED ACCORDING TO THE ASSESSMEN'T', n'~'D PROVIDING FOR P7~YISENT OF ASSESSMEN'PS IN INSTALLME:?'PS , `"hid 3111 provides meat District No. 15 fixes the portions of '~enefitcd properties, rack lot or parcel of and provides fcr paym £or thc- cost of improvements in "Improve- - Wilder tZOad Improvement," Kaumana, and the 'post to be assessed. against the respectively, and imposes ±:he lien against 'and assessed according to the assessment, ^nt of assessments in installments. Date zn*_roduced: sugust ].5, 1973 {:opies of the foregoing Bill, ir. ful'_, are on rile ir. the 6ff~.ce of the Count:}~ Cler}: fcr Ilse anN examination by the ~ ublic. I hereL}' certif~;• that the foregoing Bill passed first reading at the meeting of the Coanty Council on August 15, 1973, Icy the 'ollowing a,•/_ anal no ~•ote,: :.Y v: '~OUt7r11^.'. i`n Ca Y'pentf'T, 1.1e Lll7, Fari 3S, F''1:J il, lil.r, ~iOka, Kawahar.a, :'-,tayosh9., and Chairman Yamada - 3. NOB':; : ?3one. :1BSENT A27D E7{CUS~D: Councilman Yadao - 1, ~~~ ~w7~i COUN`T'Y CLERK COUN°i Y OF IIAWAI I Tala &H'prwitlas IertM cpf M im~ ptlvemlpfa in "ImpIPYM11Mf DIaVlef Ne. I!-VHltlv Reatl ITprovamenl," KaumOll, entl HKa iM Perfbna W Me mN q. Ga appeal MiIM/ Me MnMIfeO popeNge, rppecfivalY• eM Impoep Me Ilan pyiMf. etch qt et I p1 1Mtl ppepd eCCOrcHlp b Me tlw q.nr, .na PrPYteyy lP. PeYmenY p aeppgap in irgglHnora. Data InlrotlucM: gyppf IS, Iql. CePlp p Me greaelny HIII, in hell, ere. an file In )ae 0111ce p MtC'ePntY Clark qr use antl epminNbn tW Me Py011<. I HpiNY cerMY tMl the greOelnP Bill ~~r~~li talnl gypPyM.r° s iryi,°I~v me bllowaq aye and nP ple: AYES: Dgncllmen Cerpper, M Luz, Fdrlp,LL Ryt14^ Xleaeas; Kawehere, ~~ AFFIDAVIT OF PUBLICATION State of Hawaii ) SS: County of Hawaii ) LEILANI K. R. HIGAKI duly sworn, deposes and says: 1. That she is the ASSISTANT OFFICE MANAGER being first of HAWAII TRIBUNE-HERALD, LTD. a newspaper published in the City of HILO State of Hawaii. 2. That the " 3iL. 1',0. Gll-1';73 ,~: '..,,~IN,u~~~; Yt~.v Jlllli%G rOR ..,,:.;0.1i' ~~c IMi'~r,<)VEM3VTS IDf "II4~120VuTtkIYT ilISTF.ICT id0. lj-WILD~t ROAD IMPOV:Mt~VT," KAUMANA, COUNTY OF HAWAII, etc. ", of which a clipping from the newspaper as published is attached hereto, was published in said newspaper on the following August 23 . ~' ~ , 19 ~~ (etc.). Subscribed and sworn to before me this i2th day of October ,19 73 . ;~ o 1, ~r'='' Notary Public, Third Circuit, State of Hawaii ',~;" My commission expires #' I Ilt1 11Ft t--111 - AN ORDINANE PROVIDTNG FOR THE COST OF,;IMPROVEMENTS. IN "IM- PROVEMENT, DISZRICT NO. 15— WILDER ROAD,MMPROVEMENT," KAUMAN11,COUNTY,OF HAWAII,AND FIXING THE PORTIONS OF THE COST TO BE ASSESSED AGAINST THE BENEFITEDPROPERTIES, 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. This Bill provides for the cost of im- provements in"Improvement District No. 15—Wilder Road Improvement," Kaumana, and fixes the portions of the cost to be assessed against the benefited properties,respectively,and imposes the lien against each lot or parcel of land assessed according to the assessment,and provides for payment of assessments in installments. Date Introduced:August 15,1973. Copies of the foregoing Bill,in full,are on file in the Office of th$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 August 15,1973,by the following aye and no vote: AYES: Councilmen Carpenter,De Luz, Farias, Fujii, Hisaoka, Kawahara, Matayothi,and Chairman Yamada-8. NOES: None. ABSENT AND EXCUSED: Councilman Yadao-1. Tadashi Suzuki COUNTY CLERK COUNTY OF HAWAI I (947—Hawaii Tribune-Herald: Aute 23, 1973.) ORDINANCE NO. 606 (Bill No. 1011-1973) AN ORDINANCE PROVIDING FOR THE COST OF IMPROVEMENTS IN "IMPROVE- MENT DISTRICT NO. 15 - WILDER ROAD IMPROVEMENT, KAUMANA, COUNTY OF HAWAII, AND FIXING THE PORTIONS OF THE COST TO BE ASSESSED AGAINST THE 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: August 29, 1973 Date Effective: August 30, 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 August 29, 1973, by the following aye and no vote: AYES: Councilmen Carpenter, Farias, Fujii, Hisaoka, Kawahara, Matayoshi, Yadao and Chairman Yamada - 8. NOES: None. ABSENT AND EXCUSED: Councilman De Luz - 1. ~~~~~~ COUNTY CLERK COUNTY OF HAWAII AFFIDAVIT OF PUBLICATION State of Hawaii ) SS: County of Hawaii ) LEILANI K. R. HIGAKI duly sworn, deposes and says: being first 1. That she is the ASSISTANT OFFICE MANAGER of HAWAII TRIBUNE-HERALD, LTD. a newspaper published in the City of HILO State of Hawaii. 2. That the " OkJi1+:,NC~ .JO, fiUu iBill .do. 1011-19Ti) ~liV ORDIi+Air'irJ YROVIi~ING F0:4 Tfi;: COST OF IhiPRUV.MESITS IiQ "IAtPROVFY~tEf7T DISTRICT N0, 15-SJILD~ I?OF1D It~ROVL'rfYSIT, KAUMANA, COUNTY OF HAWAII, etc. ", of which a clipping from the newspaper as published is attached hereto, was published in said newspaper on the following ..^,eptember 2 ~~ a ,-y Subscribed and sworn to before me this 12th day of October ,19 73 . J~~ . Notary Public, Third Circuit, State of Hawaii 19 73 (etc.). ,/ ~' ' .. e'" My commission expires 1R �ip i7 ) AN ORDINSII I ROVIDING FOR THE `COST OF IM- PROVEMENTS IN "IM- PROVEMENT DISTRICT NO. 15--WILDER. ROAD IM- PROVEMENT, KAUMANA, COUNTY OF HAWAII, AND FIXING THE PORTIONS OF THE,COST TO BE ASSESSED AGAINST THE BENEFITED PROPERTIES, RESPEC- TIVELY, AND IMPOSING THE LIEN AGAINST EACH LOT OR ,PARCEL OF LAND ASSF.SSED ACCORDING TO THE ASSESSMENT, AND PROVIDING OA PAYMENT OF ASSESSMENTS IN IN-, STALLMENTS. • Date Approved: August 29, 1973 Date Effective: August 30, 1973 Copies of the foregoing Or- dinance,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 August 29, 1973, by the following aye and no vote: AYES: . Councilmen Car- penter, Farias, Fujii, Ilsaoka, Kawahara, Matayoshi, Yadao and Chairman Yamada-8. NOES: None. ABSENT! AND EXCUSED: Councilman De Luz--1. Tadashi Suzuki COUNTY CLERK COULTYT OF HAWAII (110—Hawaii Tribune-Herald: Sept. 2, 1973.) ~~, _- AFFIDAVIT OF PUBLICATION Slate of Hawaii ) SS: County of Hawaii ) LEILANI K. R. HIGAKI duly sworn, deposes and says: I. That she is the ASSISTANT OFFICE MANAGER being first of HAWAII TRIBUNE-HERALD, LTD. a newspaper published in the City of HILO State of Hawaii. 2. That the":,:" C ; Q~ _ ,„';~i:'.'. -;,,~^ JI iI::`" •'i;Io:~S 'wl c~:`, „CO~;:d) 1'.^:: V;~L[" : i'OR TMi'tr ~ ~%;-;riT DIiT iICT 'J0. 15 '!I:,D~4R ROAD II~ROV4~h11~3JT~ IS::Utll,Na COUNTY OF aA1JAII UTAT~ OP HaWaII~ etc. ", of which a clipping from the newspaper as published is attached hereto, was published in said newspaper on the following date(s) ~F'nkomber 19, 26 19 73 (etc.). ~.~' ~¢W Subscribed and sworn to before me this 1''t-r ~I~ day of Q°+~'1-i'r 19 73 Notary Public, Third Circuit, State of Hawaii My commission expires .,, ..,. NOTICE OF ' SALE OF IMPROVEMENT DISTRICT BONDS ', _ • $1,245,000.00 PAR VALUE FOR _ s •, . IMPROVEMENT DISTRICT NO.15 WILDER ROAD IMPROVEMENT,KAUMANA COUNTY OF HAWAII - STATE OF HAWAII • SEALED BIDS will be received by the undersigned for the purchase of all of ap- proximately$1,245,000.00 par value Improvement District No. 15, Wilder Road Im- provement,Kaumana,County of.Hawaii,State of Hawaii,at the office of the Treasury Division,Department of Finance,County of Hawaii,State of Hawaii,up to 10:00 a.m.,. October 5, 1973. ' AUTHORITY FOR ISSUANCE: The Bonds are being issued in accordance with Ordinance No.350 of the County of Hawaii,as amended,and the Charter of the County of Hawaii,pursuant to Resolution No. •118,adopted by the County Council on September 12,1973. DESCRIPTION OF THE BONDS: The Bonds offered for sale will all be dated October 15;1973,will be coupon bonds, without privilege of registration,numbered consecutively,and will bear interest payable . semiannually on April 15 and October 15. MATURITIES: The Bonds will mature on October 15,in the amounts and years,as follows:531,000 in 1974,1975 and 1976;and$96,000 in 1977 through 1988,inclusive(except as noted below).The denomination of all bonds will be 51,000(except as noted below'as to Bond No.1). - t CASH PAYMENT PERIOD: The exact amount of the total bond issue will not be determined until October 2,1973,' upon expiration of the period during which property owners within the improvement district,may pay assessments levied on their property. In the event any of said assessments are paid within such period the total issue shall be decreased by an amount equal to the amount of assessments so paid,as follows: Bond No.1 shall be,if necessary, • 'of the denomination of the number of dollars and cents by which the total amount of - ' assessments so paid is less than an amount evenly divisible by$1,000 and an amount equal to the remaining amount of the assessments so paid shall be eliminated at the rate of $1,000 per year Commencing with the year 1974 and continuing so long as necessary through'the year'1988,and thereafter repeating 1974. through 1988. , ( PLACE OF PAYMENT: • - Both principal and interest will be payable at the principal office of Bank of America National Trust and Savings Association,San Francisco,California,Paying Agent for the bonds. COLLECTION OF ASSESSMENTS: The unpaid assessments will be collected in annual installments,together with interest onthe reducing balances,the principal amounts of which will correspond each year with • the principal amount of bonds which mature in such year.Such installments will be due and payable on September 2 each year.commencing in 1974. The assessments are severally a lien upon the several properties assessed to the extent of the amount of the unpaid assessments thereon,respectively,which lien has priority over all other liens except the lien of property taxes,with which tax lien said assessment lien is on a parity. fW4DS FOR PAYMENT OF BONDS: Moneys collected on account of unpaid assessments constitute the. Improvement District Bond and interest Redemption Fund.'Principal and interest of the bonds shall be payable solely from such moneys and a reserve fund for Improvement District No.15 in the initial sum of$74,700.00. LEGAL OPINION: The legal opinion of Wilson,Jones,Morton&Lynch,San Mateo,California,approving the validity of said bonds will be furnished to the successful bidder without charge. TAX EXEMPT STATUS: • In the opinion of Bond Counsel,interest on the bonds is exempt from taxation by the United States of America under present Federal Income Tax laws;and the bonds are exempt from all state,county and municipal taxation within the State of Hawaii,except • inheritance,transfer and estate taxes. FORM OF BID AND ADDITIONAL INFORMATION: Ail bids must be for not less than all of the bonds offered-and must set4orth the price bid per$100-00 par value and the rate or rates of interest which the bonds shall bear.Bids must be made on the official bid form which may be obtained from the Director of Finance,County of Hawaii,which office will also furnish copy of resolution authorizing the issuance and sale of the bonds,adopted by the Council of the County of Hawaii,in- cluding the conditions of sale,and further information as to the improvement district and the assessments.', • ' Dated this 13th day of September, 1973. • STANLEY A. NAKAMAE • Director of Finance • County of Hawaii ,806 Hawaii'.T!; e I4erakt: Sept; 19,26,1973)