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Home My WebLink AboutORD 1977-310 1976-1980BILL NO. 292 (AMENDED) COUNTY OF HAWAII - STATE OF HALVAII ORDINANCE N0. 31"' AN ORDINANCE AMENDING CHAPTER 16 OF THE HAWAII COUNTY CODE RELATING TO IMPROVEMENTS BY ASSESSMENTS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAV]AII: SECTION 1. Section 1-D-7 of Article 1, Section 1 relating to construction and installation of utility facilities is amended to read as follows: "7. The construction and installation of underground or overhead utility facilities including gas, electrical, telephone or television facilities, as the case may be, and the removal, relocation, replacement or reconstruction /of the utility facilities required to be placed under- ground? thereof." SECTION 2. Section 2, Method, of Article 1 is hereby amended to read as follows: "Section 2. METHOD "A. Whenever in the opinion of the Council it is desirable to make any special improvement, as hereinabove defined, in any improvement district, such special improve- ment shall be made and done under the provisions of this chapter/; and the%_ 1. The cost /thereof,? of the special improvement including the cost (if not assumed by the county in the manner provided k>y section 1 of Article 2) of acquiring, whether prior to or after the commencement of the proceedings for such improvements, any new land therefor, shall be assessed against the land specially benefited /, either on the basis of the following: on a frontage basis, or according to area of the land within an improvement district, or /on both an area and frontage basis; and% the permissible number of units assigned to each parcel in the improvement district under applicable zoning provisions. 2. In the case of a parking improvement district, any method as deemed appropriate by the Council, including but not limited to the following or any combination thereof: on a floor area basis, proximity of lands specially benefited to the parking improvement, the type of usage of lands benefited, land area basis or frontage basis. "B. The county may issue and sell bonds to provide the funds for such improvements, which bonds shall be secured by such assessments as a lien upon the lands assessed; and for such purpose the Council may create, define and establish frontage improvements or improvement districts; all according to the provisions of this chapter." SECTION 3. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the bracketed material or the underscoring need not be included. SECTION 4. Severability Clause In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 5. Effective Date This ordinance shall take effect upon its approval. INTRODUCED BY: ~~ uncil Memb County of Hawaii Date of Introduction: April 6, 1977 Date of Adoption Effective Date: October 16, 1977 October 31, 1977 -2- Hilo, Hawaii Date: April 6, 1977 FIRST READING AYES NOES A/E Dahlberg X Domingo x Fujil X Garcia g Kawahara X - Lai X Sameshlma x Yamashiro X Chr. Tajiri x 8 1 Hilo, Hawaii Date: October 19, 1977 SECOND & FINAL READING AYES NOES A/E Dahlberg g Domingo X Fujii X Garcia - Kawahara x x - Lai 7c Sameshima X Yamashiro x Chr. Tajiri g -_9__ Publication Date: April 10, 1977 Publication Dote: November 4, 1977 We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. f T`o I ~( s AA ~' ~' ! Via. Cran.~.a. ~ynN %. . Council Cha' man County Clerk /'~~ Approved/_ ed this -day of ~~ ~~ C~ ~. Mayor, County of Hawaii Bill No..._ 292 _ Reference: PWC-7 M.B. No. /~ Ord. No. __ SL- ~t~' ~~I,, , t_j_:_- OFFICE OF THE COUNTY CLERK HAWAII COUNTY lUIIDING COUNTY Of HAWAII MIlO, HAWAII 96770 April 7, 1977 Refer: Bill 292 To: SECRETARY TO COUNCIL COMNIITTEI'sS Re: Bill 292 -RELATING TO IMPROV11~Tf1•S BY ASSESSMENT The following is the action of the Hawaii County Council adopted at its meeting held April 6, 1977 Adopted on F'irat Reading and referred back to Co>ffiDi.ttee on Public: Works. COUNTY CJ.,ERK OFFICE INFORMATION ONLY Meeting: April 20, 1977 (PWC) Action: Defer Re: Bill 292 OFFICE INFORMATION ONLY Meeting: Augtat 17, 1.977 (PWC) Action: Defer pending opinion from. corporation Counsel. Re: Bi 11 292 (Amended ) BILL NO. 292 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 16 OF THE HAWAII COUNTY CODE RELATING TO IMPROVEMENTS BY ASSESSMENT. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 1-I)-7 of Article 1, Section 1 relating to construction and installation of utility facilities is amended to read as follows: "7. The construction and installation of underground or overhead utility facilities including gas, electrical, telephone or television facilities, as the case may be, and the removal, relocation, replacement or reconstruction [of the utility facilities required to be placed underground] thereof." SECTION 2. Section 1-D of Article 1, Section 1 is amended by adding a new section thereto to read as follows: "8. The acquisition of any of the improvements or facilities referred to in Sections 1-D-1 through 7, inclusive, to the end that the County shall be permitted to acquire at a cost not exceeding the reasonable value thereof, any improvement or facility it may otherwise construct or install herein, including contracts for the ennstrnetinn tharanf_" SECTION 3. Sections 1-D-8 and 1-D-9 of Article 1, Section 1 are hereby renumbered to 1-D-9 and 1-D-10, respectively. SECTION 4. Section 1-E of Article 1, Section 1 is hereby amended to read as follows: "E. 'Costs' means the cost, either estimated or actual, as the case may be, of the improvements to be opened, constructed, or improved in proceedings taken pursuant to this ordinance for which assessments are to be levied. There may be included within the definition o£ 'cost' amounts for construction contingencies, acquisition of improvements or facilties, bond discounts, reserve funds and incidentals." SECTION 5. Section 2, Method, of Article 1 is hereby amended to read as follows: "Section 2. METHOD "Whenever in the opinion of the Council it is desirable to make any special improvement, as hereinabove defined, in any improvement district, such special improvement shall be made and done under the provisions of this chapter; and the cost thereof, including the cost (if not assumed by the county in the manner provided by section 1 of Article 2) of acquiring, whether prior to or after the commencement of the proceedings for such improvements, any new land therefor, shall be assessed against the land specially benefited, [either] on a frontage basis, or according to area of the land within an improvement district, or based upon the permissible number of units assigned to each parcel in the improvement district under applicable zoning provisions or [on both an area and frontage basis;] -2- by any combination of the above three methods; and the county may issue and sell bonds to provide the funds for such improvements, which bonds shall be secured by such assessments as a lien upon the lands assessed; and for such purpose the Council may create, define and establish frontage improvements or improvement districts; all according to the provisions of this chapter. SECTION 6. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the bracketed material or the underscoring need not be included. SECTION 7. Severability Clause In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 8. Effective Date This ordinance shall take effect upon its approval. Date of Introduction: April 6, 1977 Date of Adoption: Effective Date: -3- HERBERT T. MATAYOSHI MAYOR COUNTY OF HAWAII OFFICE OF THE CORP OF2ATION COUNSEL 25 AUPUNI .STREET HILO. HAWAII 96720 March 10, 1977 Honorable Stephen K. Yamashiro Chairman, Public Works Committee Hawaii County Council Hilo, HI 96720 Dear Mr. Yamashiro: CLIFFORD H. F. LUM CORPORATION COUNSEL TELEPHONE NO. 961.8251 Transmitted for your consideration and adoption is an ordinance amending Chapter 16 of the Hawaii County Code relating to Improvements by Assessment. Very truly yours, = - i STEP~I-EN G. BESS Acting Corporation Counsel SGB:pa Enclosure cc: Council Chairman Mayor R. B. Legaspi C.OUNTV CLERK i{r \~ ~r ~y'"~ • •' i iH'~' DFFICE OF THE COUNTY CLERK COUNTY OF HAWAII HILO, HAWAII 9672^ Mayor Herbert T. Matayoshi County o£ Hawaii Hilo, HI I hereby transmit Ordinance Bill No. 292 Yasuki Arakaki DEPUTY COUNTY CLERK Harry A. Taka hasnl LEGISLATIVE AUDITOR passed by the County Council on second final reading. COUNTY CLERK Encl. Dated: October 20, 1977 Bill No. 292 - 1977 AN ORDINANCE AMENDING CHAPTER 16 OF THE HAWAII COUNTY CODE RELATING TO IMPROVEMENTS BY ASSESSMENT. This Bill amends Chapter 16 of the Hawaii County Code relating to Improvements by Assessment. Date Introduced: April 6, 1.977 Copies of the foregoing Bill., in full, are on file in the Office of the County Clerk for uses and examination by the public. I hereby certify that the foregoing Bill passed first reading at the meeting of the County Council on April 6, 1977, by the following aye and no vote: AYES: Councilmen Domingo, Fujii, Garcia, Kawahara, Lai, Sameshima, Yamashiro and Chairman Tajiri - 8. NOES: None. ABSENT AND EXCUSED: Councilman Dahlberg - 1. ~ /~ _ (9`~ . ~. ,~9. COUNTY CL C/ COiJNTY OF H WAII ORDINANCE N0. 310 (Bill No. 2.92-1977) AN ORDINANCE AMENDING CHAPTER 16 OF THE HAWAII COUNTY CODE RELATING TO IMPROVEMENTS BY ASSESSMENTS. Date Approved: October 19, 1977 Date Effective: October 31, 1977 Copies of the foregoing Ordinance, in full, are on file in the Office of the County Clerk fox- use and examination by the public. I hereby certify that the foregoing Urdinance passed second and final reading at the meeting of the County Council on October 19, 1977, by the following aye and no vote: AYES: Councilmen Dahlberg, I>omingo, Fujii, Garcia, Kawahara, Lai, Sameshima, Yamashiro and Chairman Tajiri - 9. NOES: None. ~ , COiJNTY CL K COUNTY OF WAII