HomeMy WebLinkAboutORD 1983-043 1980-1984BILL No. 1022
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE NO. 83 43
AN ORDINANCE RELATING TO CANCELLATION OF ASSESSMENT
INSTALLMENTS AND REFUNDS £OR COUNTY OF HAWAII
IMPROVEMENT DISTRICT NO. 11 (DISCOVERY HARBOR AND
ADJACENT LANDS, WAIOHINU, KA'U).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
Section 1. Cancellation of Installments 12 through
15. Installments 12 through 15 of Improvement District
No. 11, Discovery Hazbor and Adjacent Lands, are hereby
cancelled.
Section 2. Effect of Cancellation of Installments 12
through 15. The cancellation of Installments 12 to 15 shall
not affect that part of the assessment which is represented
in Installments 1.through 11, nor shall said cancellation
affect the assessment lien or the right to enforce said lien
represented in Installments 1 through 11.
Section 3. Cash Refunds for Installments 12 through
15. Cash refunds shall be made to the persons who are the
owners at the time of actual refund of those lots for which
payments, were collected for Installments 12-15; provided,
that refunds may be made to other persons who are able to
prove ownership rights to the cash refunds.
(a) Said refunds shall be made on an "available cash"
basis; for purposes of this section 3, "available cash"
shall be that amount of cash which is available and not
needed for purposes of bond redemption or to pay the accrued
or reasonably anticipated expenses of the Improvement
District.
(b) For purposes of payment of this cash refund to a
particular lot, the payment shall be based upon the
following formula:
Available Cash Prepaid Installment Refund for
Total Cash Paid X for the Lot = Lot;
on Installments
12-15
the total cash paid on Installments 12-15 shall be
determined by the Finance Director prior to the initial
refund; such determination shall be based upon the total
cash collected by the County on Installments 12-15 until
such time and shall thereafter be adjusted as necessary for
any such additional collections; the total refunds thus made
shall not exceed the total cash paid on Installments 12-15
as adjusted; nor shall the total refunds for a particular
lot exceed the amount paid on Installments 12-15 for that
particular lot.
(c} The Finance Director shall make such cash refunds
in such amounts and at such times as he finds are
reasonable; provided, that such cash refunds shall be
consistent with the foregoing provisions of this section.
Section 4. Cancellation of Installment 11.
Installment 11 of Improvement District No. 11, Discovery
Harbor and Adjacent Lands, shall be cancelled when the
Finance Director has sufficient available cash to assure a
full refund as provided in paragraph 3 above.
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The cancellation of Installment 11 shall not affect
that part of the assessment which is represented in
Installments 1-10, nor shall said cancellation affect the
assessment lien or the right to enforce said lien
represented in Installments 1-10.
Section 5. Cash Refunds for Installment 11. After
cancellation of Installment 11, cash refunds shall be made
to the persons who are the owners at the time of actual
refund of those lots for which payments were collected for
Installment 11; provided, that refunds may be made to other
persons who are able to prove ownership rights to the cash
refunds.
(a) Said refunds shall be made on an "available cash"
basis; for purposes of this section, "available cash" shall
be that amount of cash which is available and not needed foz
purposes of bond redemption or to pay .the accrued or
reasonably anticipated expenses of the Improvement District.
(b) For purposes of payment of this cash refund to a
particular lot, the payment shall be based upon the
following formula:
Available Cash 11th Installment Refund for
Total Cash Paid X Paid for the Lot = Lot;
on 11th Installment
the total cash paid on Installment 11 shall be determined by
the Finance Director prior to the initial refund; such
determination shall be based upon the total cash collected
by the County on Installment 11 until such time and shall
thereafter be adjusted as necessary for any such additional
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collections; the total refunds thus made shall not exceed
the total cash paid on Installment 11 as adjusted; nor shall
the total refunds for a particular lot exceed the amount
paid on Installment 11 for that particular lot.
(c) The Finance Director shall make such cash refunds
in such amounts and at such times as he finds are
reasonable; provided, that such cash refunds shall be
consistent with the foregoing provisions of this section_
Section 6. Refund Procedures and Lapse of Unclaimed
Refund Amounts of All Cancelled Installments. The Finance
Director shall mail a notice of eligibility for refund to
the appropriate parties or shall otherwise notify such
persons of the refunds. The Finance Director may establish
such procedures for refund of monies as provided herein as
he finds necessary and may require of any persons claiming
refunds that they present such information as he finds
necessary to establish theiz entitlement to such refund. If
refund amounts are unclaimed or if satisfactory information
to establish entitlement to refund is not provided within
two (2) years of the time that notice is first given that
the refund is available, then such refund amounts shall be
treated as funds surplus to the Improvement District and
shall be disposed of in the manner set forth in Chapter 16,
Hawaii County Code.
Section 7. If any portion of this ordinance is
declared invalid, such invalidity shall not affect the other
parts of this ordinance.
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Section 8. Effective Date. The provisions of this
ordinance shall be effective upon its approval and upon the
occurrence of the conditions contained herein.
INTRODUCED BY:
Hilo, Hawaii
Date of Introduction:
Date of Adoption:
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COUNCIL MFSiBER, COUNTY O HAWAII
October 14, 1983
November 2, 1483
Effective Date: November 4, 1483
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