Loading...
HomeMy WebLinkAboutORD 1974-069BILL NO. $~ COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE N0. `}s~ AN ORDINANCE AMENDING CHAPTER 2, HAWAII COUNTY CODE, AS AMENDED, PROVIDING PROCEDURES FOR THE DISPOSITION OF REAL PROPERTY OWNED BY THE COUNTY OF HAWAII. WHEREAS, Section 61-2(2), Hawaii Revised Statutes, gives each county the power to purchase and otherwise acquire, take or lease, and hold real property within its defined boundaries and to manage the same as the interests of the inhabitants tYiereof may require; and WHEREAS, Section 62-36, Hawaii Revised Statutes, provides that unless otherwise provided by law, every legislative act involving the appropriation, lease, or disposition of public property shal7_ be by bill; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION L. Chapter 2, Hawaii County Code, as amended, is further amended by the addition of Article 9, which is as follows: "ARTICLE 9 DISPOSITION AND ACQUISITION OF REAL PROPERTY SEC. 1. DEFINITIONS. As used in this article, unless the context clearly requires otherwise: A. 'Real property' includes lands and structures or fixtures permanently attached thereto, owned by the County of Hawaii. B. 'Lease' means the right to possess and use real property for a term of one year or more. SEC. 2. DISPOSITION OF REAL PROPERTY. Exa=_pt as otherwise provided by law and subject to other provisions of this article, the County Council may, by :resolution approved by a majority of its members: A. Dispose of real property in fee simple or by lease; B. Grant easement for particular purposes subject, however, to reverter to the county upon termination or abandonment of the specific purpose for which it was granted. SEC. 3. AUCTION. Unless the County Council finds substantial reasons to dispose of real property in some other manner, all disposition of real property shall be made at public auction, after public notice as provided in Sec. 7. All such auctions shall be held at the main entrance of the county building in which the main office of the Department of Finance is located or at such other place as is convenient in the district in which the real property is located, and shall be conducted by the Finance Director or by his authorized representative. SEC. 4. SEALED BIDS. Whenever real property are to be sold or leased by call for sealed bids, the Finance Director shall notify by publication for a call for bids as provided in Sec. 7 with such details concerning the call for bids as he shall deem necessary and desirable. All bids shall be sealed and delivered to the Finance Director and shall be opened by him at the time and place stated in the call for bids. The Finance Director may reject any or all -2- bids and waive any defects when in his opinion such rejection or waiver will be for the best interest of the public. SEC. 5. NEGOTIATION. A. Real property may be sold or leased through negotiation upon a finding by the County Council that the public interest demands it. B. After a determination is made to negotiate the disposition, the Finance Director shall: (1) Give public notice, in accordance with the procedure set forth in Sec. 7 of the County's intention to sell or lease real property through negotiation setting forth the minimum conditions thereunder. (2) Establish reasonable criteria for the sel~=_ction of the buyer or lessee. (3) Determine the applicants who meet the criteria for selection, and notify all applicants of his determination. Any applicant may examine the basis of the determination, which shall be in writing, to ascertain whether or not the conditions and criteria est+sblished were followed; provided that, if any applicant does not notify the Finance Director of his objections, and the grounds therefor, in writing, within twenty days of the receipt of the notice, he sha.11 be barred from proceeding to seek legal remedy for any alleged failure of the Finance Director to follow the conditions and criteria. C. If only one applicant meets the criteria for selection of the buyer or lessee, the Finance Director may, -3- after notice as provided in Section SB(3), above, dispose of the real property by negotiation. If two or more applicants meet the criteria for the selection of the buyer or lessee, the Finance Director shall select the buyer or lessee who submits the highest offer contained in a sealed bid deposited with the Finance Director. SEC. 6. EXCHANGES. A. No exchange of real property for private property shall be made except for public purposes, including, but not limited to: (1) Consolidation of holdings of real property; (2) Straightening of boundaries of real property; or (3) Acquisition of adequate access for landlocked real property which have development potential. B. Exchanges shall be effected without public auction. Public notice of any proposed exchange shall be given in accordance with the applicable provisions set forth in Sec. 7. SEC. 7. NOTICES. A. Auctions. Notice of any proposed disposition by auction shall be published at least once in each of three successive weeks in a newspaper of general circulation in the county, the last publication to be not less than five days before the date of the auction. Notice of the auction shall contain the following: (1) Time and place of auction; (2) General description of the real property, including the address and tax map key; -4- (3) Specific use for which the disposition is intended; and (4) Upset price or lease rental to be charged. The maps showing the metes and bounds description and the classification of the land shall be kept in the Office of the Finance Director and shall be open for inspection at all reasonable hours. B. Sealed Bids. Notice of any proposed disposition by sealed bids shall be published at least once in each of three successive weeks in a newspaper of general circulation in the county, the last publication to be not less than five days before the date set for the receipt of proposals. Notice of the call for sealed bids shall contain the following. (1) Time and place for opening of sealed bids; (2) General description of the real property, including the address and tax map key; (3) Location where bid blanks and specifications may be secured. When deemed necessary by the Finance Director, bid deposits shall be prescribed in the public notices inviting- bids. Unsuccessful bidders shall be entitled to return of bid deposits when the Finance Director has required. such. A successful bidder shall forfeit any bid deposit required by the Finance Director upon failure on his part to enter into a required contract within t:en days after the award. C. Negotiation. Notice of a proposed disposition by negotiation shall be published at least once in each of threEa successive weeks in a newspaper of general -5- circulation in the county. Such notice shall invite proposals and state in general terms the size, location, and prices or lease rental of real property to be sold or leased, the terms of sale or lease, and the last date on which application will be received by the Finance Director, which date shall not be less than thirty days after the last date of publication of the notice. The notice shall also state the times and places at which more detailed information with respect to the sale or lease may be secured by interested persons. D. Exchanges. Public notice of disposition of real property by a proposal to exchange real property for private property pursuant to Sec. 6 shall be published at least once in each of three successive weeks in a newspaper of general curculation in the county. The notice shall state in general terms the size and location of the public lands proposed to be disposed. SEC. 8. APPRAISALS. A. Public Auction and Sealed Bids. The appraisal of real property for sale or lease at public auction or by sealed bids for the determination of the upset price may be performed by an employee of the county qualified to appraise lands, or by one but not more than three disinterested appraisers whose services shall be contracted for by the county. No such real property shall be sold or leased for a scim less than the value fixed by appraisal; provided, that for any sale or lease at public auction or by sealed bids, tY.ie Finance Director may establish the upset sale or leases rental price at less than the appraisal value and the real property may be sold or leased at that price. -6- B. Negotiation. The sale price or lease rental of real property to be disposed of by negotiation shall be no less than the value determined by a disinterested appraiser or appraisers whose services shall be contracted for by the county. D. Whenever more than one appraiser is appointed each shall prepare and submit an independent appraisal. All appraisal reports shall be available for study by the public." SECTION 2. This ordinance shall take effect upon its approval. INTRODUCED BY: COU CILMAN, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: October 9, 1974 Date of Adoption: October 23, 1974 Effective Date: November 1, 1974 -7- Hilo, Hawaii Date: October 9, 1974 FIRST READING AYES NOES A/E Car enter AB De Luz x Farias g Fvjii X Hisaoka x Kawahara X NdHddyiYs}t?cxxx xxxxxxx XxXXXXX XxXXX Yadao x Chr. Yamada 7 0 1 Publication Dote: OCt. 13, 1974 Hilo, Hawaii Date: October 23. 1974 SECOND & FINAL READING AYES NOES A/E Carpenter Ag De Luz x Farias x Fujii Hisaoka x Kawahara AB ds¢h6cxxxx xxxxxx xxxxxxx xxxxx Yadao x Chr. Yamada x 6 0 2 Publication Date: ~9Q~ i t 1974 We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. APPRJVED as to FORM a^c~ '''`""'ALITY CORP A '~ i.;~~ C C I 1 ~... _ i~w. ~-,X~, Council Chairman County Clerk Approved/C-is--^-°•--' this1 "!~_day of Mayor, County of Hawaii Bill No. _ 80 Reference: C x],007/ M.B. No. __._ Ord. No. __.....__~~_ Bill No. 80 - 1974 AN GRDINANCE AMENllING CI3APTER 2, HAWAII COUNTY CODE, AS AMENDED, PROVIDING PROCEDURES l.'GR THE DISPOSITION OF REAI. PROPEitTY OY4NL'D BY 'PHE COUNTY OF HAWialI. This Bill amends Chapter 2, Hawaii. County Code, as amender, providing procedures for the disposition of real property owned by the County of Hawaii.. Date Introduced: uctober 9, 1974 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 October 9, 1974, by the following ave and no vote: AYES: Councilmen De Luz, Farias, Fujii, Hisaoka, Kawahara, Yadao and Chairman Yamada - 7. NOES: None. ABSENT AND EXCUSED: Councilman Carpenter - 1. '~ i~~ll ~f~ ~~~i' COUNTY CLERK CoYNT1'.0 MrA G ORDINANCE NO. 69 (Bill No. 80-1974) AN ORDINANCE AMENDIrTG CHAPTER 2, HAWAII COUNTY CODE, AS AMENDED, PROVIDING PROCEDURE:i FOR THE DISPOSITION OF REAL PROPERTY OWNED BY THE COUNTY OF HAWAII. Date Approved: October 23, 1974 Date Effective: November 1, 1974 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 23, 1974, by the following aye and no vote: AYES: Councilmer.~ De Luz, Farias, Fujii, Hisaoka, Yadao and Chairman Yamada - 6. NOES: None. ABSENT AND EXCUSED: Councilmen Carpenter and Kawahara - 2. ~~A.a(/ COUNTY CLERK COUNTY OF HAWAII Ted T. Suzuki Xt4~3F7f ~52Fi?4,7F;x COUNTY CLERK OFFICE OF THE COUNTY CLERK COUNTY OF NAWAII KILO, HAWAII 9672^ Mayor Bruce McCall County o£ Hawaii Hilo, Hawaii Robert Shioji DEPUTY COUNTY CLERK I hereby .transmit Ordinance Bill No. gp passed by the County Council on second and Final reading. o~ n ~~~lJ~ COUNTY CLERK Encl. e~Ci" <' ; 1974 Dated: