HomeMy WebLinkAboutORD 1976-241 1976-1980 BILL NO. 251
(AMENDED)
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE NQ._ 241
AN ORDINANCE AMENDING CHAPTER 16 , ARTICLE 3, RELATING TO
IMPROVEMENTS BY ASSESSMENTS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII :
SECTION 1. Section 3, Article 3, Chapter 16 , Hawaii
County Code, Improvements by Assessments , is hereby amended
to read as follows:
"Sec. 3 . Petition of Less Than 100% of Owners.
"Sec. 3 . 01 Petition of 60% of Owners
"If the owners of not less than sixty per cent
of the frontage upon any street, alley or highway
designated by them as a proposed improvement district,
file with the Council a petition duly acknowledged by the
owners requesting the construction of special improvements ,
together with the surveys, maps, plans and other preliminary
data and estimates mentioned in Section 1, Article 3, in the
case of a proceeding initiated by the Council, the
Council may reject or accept the petition, and in the
latter case, shall thereupon proceed thereon in the
same manner as though the plan for such improvements
had been initiated on its own motion; and the cost of
the preliminary surveys, maps and other data, if not in
excess of the estimate therefor stated in the petition,
shall be deemed part of the cost of the improvement;
provided, that upon such petition the Council shall not
have the power to abandon the proceedings or make any
change or modification of the plans or the details or
specifications for the proposed improvements without
the written and duly acknowledged consent of the owners
of not less than sixty per cent of the frontage or area
of the land to be assessed; except that the Council may
decline to acquiesce in or may modify any part of the
plan which contemplates the payment by the County of any part
of the cost of acquiring new land or of any part of the
cost of improving any main or general thoroughfare, and in
such event, if the owners of not less than sixty per cent
of the frontage or property to be assessed agree in
writing to the change or modification, the Council shall
be bound to proceed with the plan as so modified.
"Sec. 3 .02 Petition of 20% of Owners
"If the owners of not less than 20 per cent of the
frontage upon any street, alley or highway designated by
them or of 20 per cent of the area of land designated by
them as a proposed improvement district, file with the Council
a petition duly acknowledged by the owners requesting the
construction of special improvements , together with the
surveys, maps , plans and other preliminary data and estimates
mentioned in Section 1, Article 3, the Council may reject or
accept the petition, and in the latter case, shall proceed
in the manner hereinafter provided. The Council shall
act on the petition provided (a) the petition of 20 per
cent of the owners includes the signatures of at least
50 per cent of the resident owners residing in the proposed
improvement, and (b) a state of emergency is found to exist
by the Council that requires the formation of the improvement
district. The cost of the preliminary surveys , maps and
other data shall be deemed part of the cost of the
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improvement provided 51 per cent of the owners of
the improvement district hereinabove described do
not object to the improvement district. If 51 per cent
or more of the owners involved in the improvement
district oppose the improvement district, all such
cost of the preliminary surveys, maps and other data
shall be borne and other data shall be borne by the
County as if the proceeding had been initiated by
the Council in accordance with Article 3, Section 1.
Upon such petition and prior to the hearing thereon,
the Council shall, at its option, have the power to
abandon the proceedings or make any change or modification
of the plans or the details or specifications for the
proposed improvements without the written consent of
the petitioning owners of the frontage or area of the
land to be assessed. With regard to the petition, the
Council may at any time decline to acquiesce in or
may modify any part of the plan which contemplates the
payment by the County of any part of the cost of acquiring
new land or of any part of the cost of improving any
main or general thoroughfare. Upon receipt of the petition,
the Council shall by resolution requiring not more than
one reading for its adoption, direct the Chief Engineer,
Department of Public Works, to investigate and report
to the Council preliminary data concerning the special
improvements proposed to be opened, constructed, or
improved, the general character and extent of any
improvement to be proposed, whether such improvements
should be proposed on a frontage or an area basis ,
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whether any new land will be necessary to be acquired,
and the estimated cost thereof and the proportion of
the cost which should be borne by the County, the
materials recommended to meet the conditions of the
improvement, the boundaries of the improvement to be
proposed and any subdistricts or zones therein as to
which different portions of the cost should be charged,
the estimated cost of the improvement, the portions of
the cost to be borne by the County, and the portions of
the cost to be specifically assessed against the lands
specially benefitted with the maximum unit of assessment
to be made against the property posed, and to prepare and
furnish all necessary drawings and other data, details,
and specifications for the improvements and any other
matters or details intended to apply thereto. The report,
when so furnished and filed with the Council, shall not
be acted upon until one week has elapsed from the date
of the filing of the same. But if the proposed improvement
includes the construction or improvement of the water
system or the laying or installation of conduits , pipes ,
hydrants , or any appliance for supplying or distributing
a water supply, the Chief Engineer shall obtain from the
Department of Water Supply preliminary plans and estimates
for such proposed water system and the engineer shall
furnish the Department of Water Supply with such preliminary
plans of the proposed improvement as will enable the
Department of Water Supply to make its plans and estimates
for the proposed water system. The Chief Engineer shall
incorporate preliminary plans and estimates of the
Department of Water Supply in his report to the Council.
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The resolution shall also fix a date of public hearing
upon the proposed improvement, which date shall be not
less than 45 days after the first publication of notice
thereof in a newspaper of general circulation in the
County. The hearing shall provide owners of lands within
the improvement district with a reasonable opportunity
to object or approve in writing of the proposed improvement.
"After the adoption of the resolution the County
Clerk shall cause a notice of the public hearing to be
published twice a week for four successive weeks (8
publications in all) in a newspaper of general circulation
in the County, giving notice, generally, to all owners,
lessees and occupants of land proposed to be assessed
or acquired and to all others interested in the general
details of the proposed improvements as adopted by the
Council and stating the time and place of public hearing
and where the resolution and reports and other data may
be seen and examined prior to the hearing. Like notices
shall be posted conspicuously at least 10 days prior to
the hearing approximately every 250 feet along the
highway or highways proposed to be opened or improved.
A similar notice of public hearing shall be mailed to
all owners , lessees , and occupants of land proposed to
be assessed at least 30 days prior to the hearing.
Said notice shall contain, in addition to the material
contained in the published and posted notices , a description
of the property of such owner, lessee, or occupant of
land set forth in such manner to enable such owner,
lessee, or occupant to identify same, together with a
statement that the property described on said notice is
-6-
proposed to be assessed to pay for a portion of the
cost of the proposed improvement. In case of a storm
drainage, sanitary sewerage, water or street lighting
system proposed to be constructed or improved independently,
like notices shall be posted conspicuously at various
places within the area along the place to be assessed.
Affidavits of publication both in the newspaper and
along the route of improvement, respectively, shall be
filed with the Council at the hearing. All notices
referred to hereinabove shall also contain a provision
providing that if the owner, lessee, or occupant of
land proposed to be assessed does not object at or
before the time of hearing, such inaction will be
construed as a conclusive presumption that said owner,
lessee, or occupant does not object to the proposed
improvement and that the improvement district may be put
into effect unless 51 per cent of the owners who will be
assessed as a result of the improvement district object
in writing at or prior to the time of hearing.
"Should 51 per cent or more of the owners of the
land affected by the improvement district fail to
object prior to or at the hearing, the proposed improvement
by assessment shall be approved by Council passing a
resolution requiring one reading for its adoption,
provided, however, that no such improvement shall be
approved unless : (1) the assessed valuation for taxation
purposes of the land to be improved is twice the estimated
cost of the proposed improvement, or (2) the Council by
resolution finds the appraised value of such land in
-7-
accordance with prevailing standards of appraisal and
used by banks for loans thereon is twice the estimated
cost of the proposed improvement and that such approval
is in the public interest. "
SECTION 2 . Section 1, Article 2 , Chapter 16 , Hawaii
County Code, shall be amended by amending the thirteenth and
fourteenth lines of the first paragraph thereof, beginning
after the words " . . . streets or highways, " to read as follows :
. . .except where improvements are initiated under
Sections 3 . 01 or 3 . 02 , or 4 of Article 3; . . . "
SECTION 3. This ordinance shall apply only to subdivisions
created prior to March 1, 1967, and shall take effect upon
its approval.
INTRODUCED BY:
Co9 CI ' MEMBER, CoiNTY OF HAWAII
Date of Introduction: November 4, 1976
Date of Adoption: December 6, 1976
Effective Date: December 16, 1976
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Hilo, Hawaii Hilo, Hawaii
Date: November 4, 1976 Date: December 6, 1976
FIRST READING SECOND & FINAL READING
AYES NOES A/E AYES NOES A/E
Carpenter x Carpenter X
De Luz X De Luz X
Fujii X Fujii X
Hisaoka x Hisaoka X
Kawahara X Kawahara X
Lai X Lai X
_. .
Levin X Levin X
Yadao X Yadao X
- - . —
i
Yamada X Yamada X
9 I 8 1
November 10, 1976
Publication Date: Publication Dote:
We do hereby certify that the foregoing BILL was adopted by the County Council and published
as indicated above. -
-
Council Chairman y
7 ct,
IFC:'..... . . . • • „-.',.: 7'•
_ ileir 2"-s\
C.: • . /
County Clerk
• :I
DE 7 1976 .
Darra
A pproved/Oiterpprovrd-this day of
0 --19--71 -4-%_.; , 19 74 . •
Reference: _C-7 2 0 78/PWC-•86
Mayor, County of Hawaii
HERBERT T. MATAYOSHI
MAYOR
COUNTY OF HAWAII
OFFICE OF THE CORPO RF\TION COUNSEL
25 AUPU NI STREET
HILO, HAWAII 9fi~20
December 1, 1976
County Council
County of Hawaii
Hilo, Hawaii 96720
Council Members:
Re: Bill No. 251 (Amended)
Improvement District
CLIFFORD H. F. LUM
CORPORATION COUNSEL
TELEPHONE NO. 9618251
Pursuant to your request, we have further amended
Bill No. 251.
If it is desired that Section 3.02 only apply in
cases where a state of emergency exists, the following
clause may be added between the words "If" and "the" of
the first sentence of Section 3.02:
"a state of emergency is found to exist by the
Council that requires the formation of an improvement
district and".
Very truly yours,
STEP14EN G. BESS
Assistant Corporation Counsel
SGB:ds
Enclosure
cc: Council Chairman
Mayor
* {~~» #
Ted T. Suzuki ~-~.r-°°- ~-
COUNTY CLERK --_ -' Robert Shioji
~~ P DEPUTY COUNTY CLERK
OFFICE OF THE COUNTY CLERK
COUNTY OF HAWAII
HILO, HAWAII 96720
Mayor Herbert T. Matayoshi
County of Hawaii
Hilo, Hawaii
I hereby transmit Ordinance Bill No. aSI
passed by the County Council on second and final
reading.
G~ c
%~,~~~~~t~~
COUNTY CLER
Encl.
Dated: ~a- 7- 7(~
^
OFFICE INFORMATION ONLY
Meeting: December 6, 1976
Action: Amend Section 3 .02 of Bill 251 to change the petition
requirement from 30 percent to 20 percent and to include
language speaking to a state of emergency; and recommend
adoption of said bill, as amended, on second and final
reading .
Re: Bill 251 (Amended )
Bill No. 251 - 1976
AN ORDINANCE AMENDING CHAPTER 16, ARTICLE 3, RELATING TO
IMPROVEMENTS BY ASSESSMENTS.
This Bill amends Chapter 16, Article 3, relating to Improvements
by Assessments.
Date Introduced: November 4, 1976
•
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 November 4, 1976, by the
following aye and no vote:
AYES: Councilmen Carpenter, De Luz, Fujii, Hisaoka, Kawahara,
Lai, Levin, Yadao and Chairman Yamada - 9.
NOES: None.
\_2i411(:;%61ekt;
COUNTY CLERK
COUNTY OF HAWAII
•
- alIt No.2,1;-1t76
AN ORDINANCE 4MENDINO CHAP-
TER 14,:-ARTICLE:a>tt,RELATING TO
IMPROVEMENTS BY-ASSESSMENTS.
This Bill amends Chapter 16,Article 3,
relating to Improvements by
Assessments.
Date Introduced: November 4,1976
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 November 4,1976,by
the following aye and no vote:.
AYES:.Councilmen Carpenter,De Luz,
Hisaoka, Kawahara, Lai, Levin,
Yadao and Chairman Yamada—9. •
NOES: None. -
• TED T.SUZUKI -
•COUNTY CLERK
COUNTY OF HAWAII
(167—Hawaii�friburio-Herald:
Nov.10,;1976;- -
ORDINANCE NO. 241
(Bill No. 251-1976)
AN ORDINANCE AMENDING CHAPTER 16, ARTICLE 3, RELATING TO
IMPROVEMENTS BY ASSESSMENTS.
Date Approved: December 6, 1976
Date Effective: December 16, 1976
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
December 6, 1976, by the following aye and no vote:
AYES: Councilmen Carpenter, De Luz, Fujii , Hisaoka, Lai,
Levin, Yadao and Chairman Yamada - 8.
NOES: Councilman Kawahara - 1.
COUNTY CLF :K
COUNTY OF HAWAII
ORDINANCE NO.241
(B01 No.231.1976)
AN ORDINANE;,'AMEOING'CHAP-
TER 16, ARTICLE 3, RELATING TO
IMPROVEMENTS BY ASSESSMENTS.
Date Approved: December 6,1976
Date Effective: December 16,1976
Copies of the foregoing Ordinance, in-
full,are on file in the Office ofthe County
Clerk for use and examination by the
public.
I hereby certify that the foregoing Or-
dipance passed second and final reading at
the meeting of the County Council on
December 6,1976,by the following aye and
no vote:
AYES: Councilmen Carpenter,De Luz,
Fuji', Hisaoka, Lai, Levin, Yadao and
Chairman Yamada-8.
NOES: Councilman Kawahara-1.
R. B.LEGASPI
COUNTY CLERK
COUNTY OF HAWAII
(160—Hawaii Tribune•Herald: Dec. 22,
1976.),_
BILL NO. 251
(AMENDED)
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE NO.
AN ORDINANCE AMENDED CHAPTER 16 , ARTICLE 3, RELATING TO
IMPROVEMENTS BY ASSESSMENTS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII :
SECTION 1. Section 3, Article 3, Chapter 16, Hawaii
County Code, Improvements by Assessments, is hereby amended
to read as follows:
"Sec. 3 . Petition of Less Than 100% of Owners.
"Sec. 3 . 01 Petition of 60% of Owners
"If the owners of not less than sixty per cent
of the frontage upon any street, alley or highway
designated by them as a proposed improvement district,
file with the Council a petition duly acknowledged by the
owners requesting the construction of special improvements ,
together with the surveys , maps , plans and other preliminary
data and estimates mentioned in Section 1, Article 3, in the
case of a proceeding initiated by the Council, the
Council may reject or accept the petition, and in the
latter case, shall thereupon proceed thereon in the
same manner as though the plan for such improvements
had been initiated on its own motion; and the cost of
the preliminary surveys, maps and other data, if not in
excess of the estimate therefor stated in the petition,
shall be deemed part of the cost of the improvement;
provided, that upon such petition the Council shall not
have the power to abandon the proceedings or make any
change or modification of the plans or the details or
specifications for the proposed improvements without
the written and duly acknowledged consent of the owners
of not less than sixty per cent of the frontage or area
of the land to be assessed; except that the Council may
decline to acquiesce in or may modify any part of the
plan which contemplates the payment by the County of any part
of the cost of acquiring new land or of any part of the
cost of improving any main or general thoroughfare, and in
such event, if the owners of not less than sixty per cent
of the frontage or property to be assessed acquiesce in
writing in the change or modification, the Council shall
be bound to proceed with the plan as so modified.
"Sec. 3 . 02 Petition of 30% of Owners
"If the owners of not less than 30 per cent of the
frontage upon any street, alley or highway designated
by them or of 30 per cent of the area of land designated
by them as a proposed improvement district , file with
the Council a petition duly acknowledged by the owners
requesting the construction of special improvements ,
together with the surveys , maps , plans and other preliminary
data and estimates mentioned in Section 1 , Article 3 . The
Council may reject or accept the petition, and in the
latter case, shall proceed in the manner hereinafter
provided. The cost of the preliminary surveys , maps
and other data shall be deemed part of the cost of
the improvement provided 51 per cent of the owners
of the improvement district hereinabove described do
not object to the improvement district . If 51 per cent
or more of the owners involved in the improvement district
oppose the improvement district, all such cost of the
preliminary surveys , maps and other data shall be borne
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/ _J
specifications for the proposed improvements without
the written and duly acknowledged consent of the owners
of not less than sixty per cent of the frontage or area
of the land to be assessed; except that the Council may
decline to acquiesce in or may modify any part of the
plan which contemplates the payment by the County of any part
of the cost of acquiring new land or of any part of the
cost of improving any main or general thoroughfare, and in
such event, if the owners of not less than sixty per cent
of the frontage or property to be assessed agree in
writing to the change or modification, the Council shall
be bound to proceed with the plan as so modified.
"Sec. 3 . 02 Petition of 30% of Owners
"If the owners of not less than 30 per cent of the
frontage upon any street, alley or highway designated
by them or of 30 per cent of the area of land designated
by them as a proposed improvement district, file with
the Council a petition duly acknowledged by the owners
requesting the construction of special improvements ,
together with the surveys, maps , plans and other preliminary
data and estimates mentioned in Section 1, Article 3, the
Council may reject or accept the petition, and in the
latter case, shall proceed in the manner hereinafter
provided. The petition shall not be acted upon by the
Council, however, if the petition of 30% of the owners
does not include the signatures of at least 50% of the
resident owners residing in the proposed improvement
district. The cost of the preliminary surveys , maps
and other data shall be deemed part of the cost of the
-2-
and other data shall be borne by the County as if the
proceeding had been initiated by the Council in accordance
with Article 3, Section 1. Upon such petition and
prior to the hearing thereon, the Council shall, at its
option, have the power to abandon the proceedings or
make any change or modification of the plans or the
details or specifications for the proposed improvements
without the written consent of the petitioning owners
of the frontage or area of the land to be assessed.
With regard to the petition, the Council may at any
time decline to acquiesce in or may modify any part of
the plan which contemplates the payment by the County
of any part of the cost of acquiring new land or of any
part of the cost of improving any main or general
thoroughfareUpon receipt of the petition, the Council
shall by resolution requiring not more than one reading
for its adoption, direct the Chief Engineer, Department
of Public Works, to investigate and report to the
Council preliminary data concerning the special improvements
proposed to be opened, constructed, or improved, the
general character and extent of any improvement to be
proposed, whether such improvements should be proposed
on a frontage or an area basis , whether any new land
will be necessary to be acquired, and the estimated cost
thereof and the proportion of the cost which should be borne
by the County, the materials recommended to meet the conditions
of the improvement, the boundaries of the improvement to be
proposed and any subdistricts or zones therein as to
-3-
which different portions of the cost should be charged,
the estimated cost of the improvement, the portions of
the cost to be borne by the County, and the portions of
the cost to be specifically assessed against the lands
specially benefitted with the maximum unit of assessment
to be made against the property posed, and to prepare and
furnish all necessary drawings and other data, details,
and specifications for the improvements and any other
matters or details intended to apply thereto. The report,
when so furnished and filed with the Council, shall not
be acted upon until one week has elapsed from the date
of the filing of the same. But if the proposed improvement
includes the construction or improvement of the water
system or the laying or installation of conduits , pipes,
hydrants , or any appliance for supplying ar_distributing
a water supply, the Chief Engineer shall obtain from the
Department of Water Supply preliminary plans and estimates
for such proposed water system and the engineer shall
furnish the Department of Water Supply with such preliminary
plans of the proposed improvement as will enable the
Department of Water Supply to make its plans and estimates
for the proposed water system. The Chief Engineer shall
incorporate preliminary plans and estimates of the
Department of Water Supply in his report to the Council.
"Thereafter the Council may, by resolution requiring
one reading for its adoption, propose the making of an
improvement or improvements specifying the streets,
storm drainage, sanitary sewerage system, water system
-4-
or street lighting system, or combination thereof, to
be opened, constructed, or improved; the area, owners ,
so far as known, and general description and location
of new land to be acquired, if any; materials proposed
to be used; proposed method of assessment including the
minimum number of installment payments to be proposed;
the maximum term of assessment bonds to be issued to
represent unpaid installments; the maximum rate of
interest to be borne by said bond; the premium required
to be paid on the advance payment of installments
for the call and redemption of any bond prior to its
maturity; the amount of the reduced fund either as set
forth in the report of the Chief Engineer or as otherwise
determined by the Council; the general boundaries of
the district or frontage, subdistricts and zones to be
assessed; and the maximum estimated unit of assessment.
The Council may adopt the plans and estimates so furnished
by the Department of Water Supply and incorporated in
the report of the Chief Engineer. If the plans and
estimates of the Department of Water Supply are adopted
by the Council, the plans and estimates shall be referred
to and incorporated by reference in such resolution.
The resolution shall refer to and incorporate by reference
such surveys, plans , maps and other data reported by
the Chief Engineer as are approved by the Council.
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The resolution shall also fix a date of public hearing
upon the proposed improvement, which date shall be not
less than 45 days after the first publication of notice
thereof in a newspaper of general circulation in the
County. The hearing shall provide owners of lands within
the improvement district with a reasonable opportunity
to object or approve in writing of the proposed improvement.
"After the adoption of the resolution the County
Clerk shall cause a notice of the public hearing to be
published twice a week for four successive weeks (8
publications in all) in a newspaper of general circulation
in the County, giving notice, generally, to all owners ,
lessees and occupants of land proposed to be assessed
or acquired and to all others interested in the general
details of the proposed improvements as adopted by the
Council and stating the time and place of public hearing
and where the resolution and reports and other data may
be seen and examined prior to the hearing. Like notices
shall be posted conspicuously at least 10 days prior to
the hearing approximately every 250 feet along the
highway or highways proposed to be opened or improved.
A similar notice of public hearing shall be mailed to
all owners, lessees, and occupants of land proposed to
be assessed at least 30 days prior to the hearing.
Said notice shall contain, in addition to the material
contained in the published and posted notices , a description
of the property of such owner, lessee, or occupant of
land set forth in such manner to enable such owner,
lessee, or occupant to identify same, together with a
statement that the property described on said notice is
-6-
proposed to be assessed to pay for a portion of the
cost of the proposed improvement. In case of a storm
drainage, sanitary sewerage, water or street lighting
system proposed to be constructed or improved independently,
like notices shall be posted conspicuously at various
places within the area along the place to be assessed.
Affidavits of publication both in the newspaper and
along the route of improvement, respectively, shall be
filed with the Council at the hearing. All notices
referred to hereinabove shall also contain a provision
providing that if the owner, lessee, or occupant of
land proposed to be assessed does not object at or
before the time of hearing, such inaction will be
construed as a conclusive presumption that said owner,
lessee, or occupant does not object to the proposed
improvement and that the improvement district may be put
into effect unless 51 per cent of the owners who will be
assessed as a result of the improvement district object
in writing at or prior to the time of hearing.
"Should 51 per cent or more of the owners of the
land affected by the improvement district fail to
object prior to or at the hearing, the proposed improvement
by assessment shall be approved by Council passing a
resolution requiring one reading for its adoption,
provided, however, that no such improvement shall be
approved unless: (1) the assessed valuation for taxation
purposes of the land to be improved is twice the estimated
cost of the proposed improvement, or (2) the Council by
resolution finds the appraised value of such land in
-7-
accordance with prevailing standards of appraisal and
used by banks for loans thereon is twice the estimated
cost of the proposed improvement and that such approval
is in the public interest. "
SECTION 2 . Section 1, Article 2, Chapter 16, Hawaii County
Code, shall be amended by amending the thirteenth and fourteenth
lines of the first paragraph thereof, beginning after the words
" . . . streets or highways, " to read as follows :
" . . .except where improvements are initiated under
Sections 3 .01 or 3 .02 , or 4 of Article 3; . . . "
SECTION 3. This ordinance shall apply to subdivisions
created prior to December 1967, and shall take effect upon its
approval.
INTRODUCED BY:
nci Member, Co y of Hawaii
Date of Introduction:
Date of Adoption:
Effective Date:
-8-
accordance with prevailing standards of appraisal and
used by banks for loans thereon is twice the estimated
cost of the proposed improvement and that such approval
is in the public interest. "
SECTION 2. Section 1 , Article 2, Chapter 16, Hawaii County
Code, shall be amended by amending the thirteenth and fourteenth
lines of the first paragraph thereof, beginning after the words
" . . . streets or highways , " to read as follows :
" . . . except where improvements are initiated under
Sections 3.01 or 3.02, or 4 of Article 3; . . . "
SECTION 3. This ordinance shall take effect upon its
approval .
INTRODUCED BY:
un 1 Member, Co ty of Hawaii
Date of Introduction :
Date of Adoption :
Effective Date :
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+ � t
November 12, 1976
Mr. Clifford H. F. Lum
Corporation Counsel
County of Hawaii
Hilo, Hawaii
From the discussion that was held with regard to till for at
Ordinance 251, the following are requested:
(1) To amend Sec. 3 to state that this shall apply only to
subdivisions which were created prior to Hatch 1, 1967.
(2) To require in Sec. 3. 02 , Petition of 30% of Owners , that
at least half of the residents of an area must approve of
a proposed improvement district and that language be inclu-
ded to prevent huge landowners from imposing an improvement
district on individual landowners.
(3) To look into the question of the 30% petition being accepted
only if it is in a state of emergency, 3.,e. , water system .
at Hawaiian Beaches .
(4) To look into the possibility of changing the word "aate"
to "agreement" or some other language.
(5) To prepare for consideration in the County-initiated section,
a 10% or 20% category in addition to the 33-1/37 category.
(6) To look into and make recommendations for a 100% mandated
improvement district such as is imposed in the City & County
of Honolulu for consideration by the 1976-1980 Council.
I ask that Bill 251 be appropriately amended to convey the above
and be submitted to the Public Works Committee by November 24.
Thank you.
°°�� 7 7�q �
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