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HomeMy WebLinkAboutORD 1995-022 1994-1996COUNTY OF HAWAII STATE OF HAWAII BILL NO. $ ORDINANCE NO. ns 22 AN ORDINANCE AMENDING CHAPTER 12, RELATING TO IMPROVEMENTS BY ASSESSMENTS, BY ALLOWING SUPERVISION OF WATER SYSTEM IMPROVEMENT DISTRICTS BY THE DEPARTMENT OF WATER SUPPLY. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. At the present time, Chapter 12 of the Hawaii County Code, which regulates improvement districts, requires that all improvement districts be supervised by the Department of Public Works. Several recent improvement district proposals have centered on water system improvement projects; however, under the law, the Department of Water Supply may not supervise these projects, despite the nature of the work. The Department of Public Works acts as a "middleman," simply carrying out the Department of Water Supply's wishes. The present bill amends Chapter 12 by allowing the Department of Water Supply to be the supervising agency where the improvement district is classified as a "water system improvement district." A "water system improvement district" is defined by a new definition as an improvement district in which the improvements are all for the purpose of creating a new water system or upgrading a present one. The primary changes, in'addition to the definitions, are in Article 2 of the chapter, in those sections describing actions that presently must be taken by the "chief engineer," such as $$12-10, 12-11, 12-15, 12-18, 12-19, 12-24, 12-27 and 12-28. The wording in these sections has been changed to allow the actions normally required of the chief engineer to be done by the manager of the Department of Water Supply in those situations involving a "water system improvement district." SECTION 2. Chapter 12, Article 1, Section 12-1 of the Hawaii County Code 1983, relating to definitions is hereby amended by adding new definitions to be appropriately numbered and to read as follows: 1 "Manager" means the manager of the County of Hawaii Department of Water Supply. S 1 "Water System Improvement District" means an improvement district in which the improvements to be made are exclusively those to construct a water svstem or upgrade an existing water system. SECTION 3, Chapter 12, Article 2, Section 12-10 of the Hawaii County Code 1983, relating to the procedure for initiation and adoption of an improvement district by the County Council, is hereby amended to read as follows: Section 12-10. Initiation by council; study of proposed improvement; adoption of improvement; hearing. (a) The council shall, by resolution requiring not more than one reading for its adoption, direct the chief engineer. or the manager in the case of a water svstem improvement -2- district, to prepare and submit to the council a report containing the following: (1) Preliminary data concerning the special improvement proposed to be opened, constructed, or improved; (2) The general character and extent of any improvement to be proposed; (3) The proposed method of assessment whether on a frontage, area or other basis; (4) 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; (5) The materials recommended to meet the conditions of the improvement; (6) The boundaries of the proposed improvement district and any subdistricts or zones therein as to which different portions of the cost of improvements should be charged; (7) 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 assessed against the lands specially benefitted with the maximum unit of assessment to be made against each lot to be assessed; and (8) All necessary plans and other data, details, and specifications for the improvements and any other matters or details intended to apply thereto. The report of the chief engineer, or of the manager in the case of a water system improvement district, 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 report with the council. (b) if the proposed improvement includes the construction or improvement of a water system or the laying or the installation of conduits, pipes, -3- 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 such preliminary plans and estimates of the department of water supply in his report to the council. (c) Thereafter the council may, by resolution requiring one reading for its adoption, propose the making of an improvement or improvements, specifying: (1) The special improvements to be opened, constructed, or improved; (2) The area, owners, so far as known, and general description and location of new land to be acquired, if any; (3) The materials proposed to be used; (4) The proposed method of assessment including the minimum number of installment payments to be proposed; (5) The maximum term of assessment bonds to be issued to represent unpaid installments; (6) The maximum rate of interest to be borne by the bonds; (7) The maximum premium required to be paid on the advance payment of installments or the call and redemption of any bond prior to its maturity; (8) The maximum amount of the reserve fund either as set forth in the report of the chief engineer or as otherwise determined by the council; (9) The general boundaries of the district or frontage, subdistricts and zones to be assessed; and, -4- (10) The maximum estimated units of assessment. The resolution shall refer to and incorporate by reference such surveys, plans, maps, and other data reported by the chief engineer or the manager in the case of a water system improvement district as are approved by the council. The resolution shall also fix a date of public hearing upon the proposed improvement, which date shall be not less than fifteen days after the first publication of notice thereof in a newspaper of general circulation in the County. (d) 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. (e) After the adoption of the resolution, the County clerk shall cause a notice of the public hearing to be published twice a week for two successive weeks (four publications in all) in a newspaper of general circulation in the County, giving notice, generally, to all owners 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 an reports and other data may be seen and examined prior to the hearings. Like notices shall be posted at least ten days prior to the hearing at a public place in the district in which the proposed improvement district is located. A similar notice of public hearing shall be mailed to all owners of land proposed to be assessed at least two weeks prior to the hearing. The notice to be mailed shall contain: (1) The material contained in the published and posted notices; -5- (2) A description of the property of such owner, lessee, or occupant of land set forth in such manner as to enable such owner, lessee, or occupant to identify the property; and, (3) A statement that the property described on said notice is proposed to be assessed to pay for a portion of the cost of the proposed improvements. (f) Affidavits of publication in the newspaper and posting at the public place, respectively, shall be filed with the council on or before the hearing. (g) Any failure to post, mail, or receive the notice described above, shall not invalidate the proceedings held thereafter. (h) No improvement district shall be approved unless: (1) The assessed valuation for taxation purposes of the land to be improved is at least twice the estimated costs of the proposed improvement; or (2) The council finds the appraised value of such land as improved is at least twice the estimated cost of the proposed improvement. The appraisal shall be conducted in accordance with prevailing standards for appraisals used by banks for loans. (i) No improvement district shall be approved unless the council finds that such improvement is in the public interest. SECTION 4. Chapter 12, Article 2, Section 12-11 of Hawaii County Code 1983, relating to report of chief engineer, is hereby amended to read as follows: Section 12-11. Report of Chief Engineer or Manager. Zn preparing the report required by Section 12-10, the chief engineer, or the manager in the case of a water system improvement district. may consult with the director of finance -6- or with such financial consultant as has been specifically employed by the council to assist in the proceedings or who may otherwise be available to the council, at the direction of the council. Upon the written advice and recommendation of the director of finance or of such a financial consultant, the chief engineer, or the manager in the case of a water svstem improvement district, may include such sums as he deems proper for reserve funds, bond discount allowances, and construction contingencies in determining his estimate of the project cost and the amount to be assessed therefor. SECTION 5. Chapter 12, Article 2, Section 12-15 of the Hawaii County Code 1983, relating to petitions by twenty percent of owners, is hereby amended to read as follows: Section 12-15. Petition by twenty percent of owners. (a) If the owners of not less than twenty percent of the frontage upon any street, alley or highway designated by them or of twenty percent 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 12-10, the council may reject or accept the petition. If the council accepts the petition, it shall proceed in the manner hereinafter provided. The council shall act on the petition provided: (1) The petition of twenty percent of the owners includes the signatures of at least fifty percent of the resident owners residing in the proposed improvement; and (2) A state of emergency is found to exist by the council that requires the formation of the improvement district. -7- (b) The cost of the preliminary surveys, maps and other data shall be deemed part of the cost of the improvement provided fifty-one percent of the owners of the improvement district hereinabove described do not object to the improvement district. If fifty-one percent 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 by the County as if the proceeding had been initiated by the council in accordance with section 12-10. (c) 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. (d) Upon receipt of the petition, the council shall by resolution requiring not more than one reading for its adoption, direct the chief engineer[:], or the manager in the case of a water system improvement district: (1) To investigate and report to the council: (A) Preliminary data concerning the special improvements proposed to be opened, constructed, or improved; (B) The general character and extent of any improvement to be proposed; -8- (C) Whether such improvements should be proposed on a frontage or an area basis; (D) 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; (E) The materials recommended to meet the conditions of the improvement; (F) The boundaries of the improvement to be proposed and any subdistricts or zones therein as to which different portions of the cost shall be charged; and (G) 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 (2) 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. (e) 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 -9- 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. (f) The council may, by resolution requiring one reading for its adoption, propose the making of an improvement or improvements specifying: (1) The streets, storm drainage, sanitary sewerage system, water system or street lighting system, or combination thereof, to be opened, constructed, or improved; (2) The area, owners, so far as known, and general description and location of new land to be acquired, if any; (3) Materials proposed to be used; (4) Proposed method of assessment including the minimum number of installment payments to be proposed; (5) The maximum term of assessment bonds to be issued to represent unpaid installments; (6) The maximum rate of interest to be borne by the bond; (7) The premium required to be paid on the advance payment of installments for the call and redemption of any bond prior to its maturity; (8) The amount of the fund either as set forth in the report of the chief engineer or as otherwise determined by the council; (9) The general boundaries of the district or frontage, subdistricts and zones to be assessed; and (l0) The maximum estimated unit of assessment. (g) The council may adopt the plans and estimates so furnished by the department of water -10- 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. The resolution shall also fix a date of public hearing upon the proposed improvement, which date shall be not less than forty-five 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. (h) 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 (eight 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 ten days prior to the hearing approximately every two hundred fifty 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 thirty days prior to the hearing. The notice to be mailed shall contain: (i) The material contained in the published and posted notices; (2) 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 the property; and, -li- (3) A statement that the property described on said notice is 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. (i) Affidavits of publication both in the newspaper and along the route of improvement, respectively, shall be filed with the council at the hearing. (j) All notices referred to in this section 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 fifty-one percent 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. (k) Should fifty-one percent 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, 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 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. (1) This section shall apply only to subdivisions created prior to March 1, 1967. -12- SECTION 6. Chapter 12, Article 2, Section 12-18, Hawaii County Code 1983, relating to resolution to define extent of improvement, is hereby amended to read as follows: Section 12-18. Resolution to define extent of improvement. If, after initial or further advertisement and hearing when no changes are made which will require further advertisement or hearing, the council determines to proceed with the improvements, it shall, by resolution requiring not more than one reading for its adoption: (1) Create, define, and establish the extent of the frontage improvement or the improvement district to be assessed; (2) Define the kind, extent, and general details of the proposed improvements; (3) Describe each parcel of land to be acquired, if any; (4) Declare the part or proportion of the cost of the improvement which is to be borne by the County; (5) Describe the method of assessment; (6) Describe the kinds of materials to be used; (7) Direct the chief engineer, or the manager in the case of.a water system improvement district, as provided in section 12-19; and, (8) If the proposed improvement includes construction or improvements of a water system, make requests as provided in section 12-20. SECTION 7. Chapter 12, Article 2, Section 12-19, of the Hawaii County Code 1983, relating to chief engineer preparing maps -13- showing improvements, details, plans, and specifications is hereby amended to read as follows: Section 12-19. Chief engineer to prepare map showing improvements, details, plans and specifications. The council shall, by resolution required by section 12-18 direct the chief engineer. or the manager in the case of a water svstem improvement district. to prepare a corrected map of the highways to be improved, showing the abutting lands or, of the improvement district showing the highways therein to be improved, or the special improvements to be constructed or improved, and showing the exact location of the improvements, together with final details, plans and specifications for the work, all in such form as will readily permit and encourage genuine competition between contractors in so far as the materials specified will permit of such competition. These maps, final details, plans, and specifications, by resolution similarly approved and adopted by the council, shall be used as the basis for the calling of bids and awarding of a contract for the work as provided in this chapter. SECTION 8. Chapter 12, Article 2, Section 12-24 of the Hawaii County Code 1983, relating to bidding, is hereby amended to read as follows: Section 12-24. $iddinq_ (a) The bid process for the construction of special improvements shall be administered by the Department of Public Works or by the accordance with procedures and requirements applicable to County of Hawaii projects. (b) The bid specifications shall contain provisions that specify that the award of the contract will not occur until the improvement district is created and the necessary funds for construction are appropriated. -14- SECTION 9. Chapter 12, Article 2, Section 12-27, Hawaii County Code 1983, relating to corrected map, preliminary assessment roll and description, and notice of authorized improvement is hereby amended to read as follows: Section 12-27. Corrected map; preliminary assessment roll and description; notice of authorized improvement. (a) The council shall have the chief engineer, or the manager in the case of a water system improvement prepare a corrected map, a preliminary assessment roll, description of properties to be assessed, a list of all known owners of the land within the improvement district, and the chief engineer's or manager's estimate of cost or the bid of the lowest responsible and reliable bidder (if such bid is made). (b) The preliminary assessment roll and description of properties to be assessed shall contain for the land in the proposed improvement district or in the several subdistricts or zones, if any, the following: (1) Where assessments are based on frontage, the maximum proposed amount per foot of frontage; (2) Where assessments are based on area, the maximum proposed amount per square foot; (3) Where assessments are based on methods other than frontage or area, the maximwn unit of assessment to be applied; (4) The maximum proposed amount of assessment for each property; and (5) A list of all known owners of the properties within the proposed improvement district. -15- (c) Upon receipt of the corrected map, preliminary assessment roll, and description of properties, the council shall give notice of the following: (1) The total cost of improvements as established by the estimate of the chief engineer or by the bid of the lowest responsible and reliable bidder, or as otherwise provided in this chapter; (2) The contents of the preliminary assessment roll; (3) The availability of the corrected map, preliminary assessment roll and description of properties for inspection at the office of the chief engineer during business hours at any time prior to and including the hearing date; and (4) The time, date, and place of the public hearing to be held concerning said items; provided that the date shall not be less than ten days nor more than three weeks after the date of the first newspaper publication of the notice. (d) The notice of improvement and hearing shall be advertised, mailed, and hosted in the same manner as provided in section 12-10. (e) At the public hearing, the council shall act as a board of equalization to receive complaints or objections concerning the amounts of the proposed assessments. SECTION 10. Chapter 12, Article 2, Section 12-28, Hawaii County Code 1983, relating to combination hearings and applicable proceedings is hereby amended to read as follows: Section 12-28. Combination hearings; applicable proceedings. (a) The council may combine the hearings provided for in sections 12-10 and 12-27. If it does so, such determination shall be made in the -16- resolution proposing to make the improvement or improvements, and the following provisions shall then be applicable to the proceedings: (1) The resolution need not specify the maximum estimated unit of assessment nor fix the date of public hearing upon the proposed improvement, but shall direct the preparation by the chief engineer or the manaaer in the case of a water system improvement district of the documents and data to be prepared by him as provided in sections 12-18 and 12-19 and in section 12-27 and if applicable shall include the request and direction provided in section 12-20. After the combined hearings, if the council determines to proceed with the improvements, the resolution specified in section 12-20 need not again direct preparation by the chief engineer of the documents and data as provided in sections 12-18 and 12-19. The clerk shall not cause the notices to be given as provided in section 12-10 until the documents and data have been so prepared by the chief engineer, and if applicable, by the department of water supply, and preliminary approved by the council, at which time the council shall by resolution requiring not more than one reading for its adoption fix the date of combined hearings. (2) The matters to be contained in the notices provided for in sections 12-1o and 12-27 shall be combined into single notices to be so published, posted and mailed; for the purpose thereof the total amount of the cost of the improvement shall be based on the estimated cost of the work to be included in bids when received, not upon the bid of the lowest responsible and reliable bidder as specified in section 12-27. (3) The council may call for bids on all improvements to be constructed under contract to be received on or before the date of the combined hearings pursuant to the provisions of sections 12-23, 12-24 and 12-25. -17- (4) The chief engineer or the manager in district shall prepare an amended preliminary assessment roll based on any revisions in the estimate of the chief engineer or the manager. or on the results of the bids received for improvements as the case may be and shall send said amended assessment roll to the council on or before the public hearing. (A) If the amended preliminary assessment roll shows a proposed amount of assessment for any of the properties to be assessed which is more than that shown on the preliminary assessment roll, then, unless the affected owner, lessee and occupant shall waive the same, the council shall postpone the public hearing and readvertise and mail an amended notice of hearing containing the amended preliminary assessment roll. Said readvertisement and mailing shall be done under the provisions of section 12-27 (c) and (d). Said postponed public hearing shall be conducted in the same manner as provided in section 12-27(e). (S) If the amended preliminary assessment roll shows a proposed amount of assessment for each of the properties to be assessed which is the same or less than the preliminary assessment roll, the public hearing shall be held as scheduled and the amended preliminary assessment roll shall be considered at said public hearing. SECTION 11. Chapter 24, Article 3, Section 12-30, Hawaii County Code 1983 is hereby amended to read as follows: Section 12-30. Amended assessments upon consolidation or subdivision of lot. (a) In the event that a lot previously assessed is subsequently subdivided or consolidated with any other lot within the improvement district, the council, upon petition by the owners of such lots as may be subdivided or -18- consolidated, or upon petition by the lessees of such lots who by the express terms of their leases are obligated to pay the kind of assessments covered by this chapter, may prorate the original assessments among the lots resulting from the subdivision or consolidate the assessments upon the component lots and assess the consolidated lot therefor, by an appropriate amendment to the ordinance declaring the assessment; provided that prior to the introduction of the amendment to the ordinance declaring the assessment: (1) The subdivider or consolidators shall deposit with the County legal tender or a certified check in an amount sufficient to be used to cover the cost of making such allocation, and to cover the assessment allocable to areas used or to be used for purposes that are public in nature, such as, but not limited to, roadways, parks, school sites, sewage treatment plant sites and reservoir sites, developed in connection with the subdivision or consolidation (together with any interest and premium payable thereon pursuant to section 12-38 by reason of prepayment of unpaid principal); and, (2) The [chief engineer] director of finance shall send notice of the proposed proration or consolidation by certified mail to the original purchaser of any bonds which may be outstanding for the improvement district involved, together with a notice that unless a written request for a hearing thereon is received within fourteen days from the date of mailing of such notice the proration or consolidation will be presented to the council for approval and amendment of the original assessment ordinance in accordance therewith. (b) If a written request for a hearing is received, the council shall fix a date, time and place of such hearing, notice of which shall be mailed by certified mail to each person making such request. Such notice shall be so mailed at least fourteen days prior to the hearing. An affidavit of mailing shall be filed with the clerk. -19- (c) The cost of making the reallocation of assessments, when determined by the [chief engineer] director of finance and approved by the council, shall be paid into the general fund of the County. The amount of the assessment allocable to areas used or to be used for purposes that are public in nature, and developed in connection with the subdivision or consolidation, together with the above specified premium and interest, as recommended by the chief engineer and approved by the council, shall be credited to the special fund described in section 12-49. The amended assessments shall be a lien upon the subdivided lots or consolidated lots as of the date of the first publication of the original ordinance declaring the assessment. (d) The amended asssessments shall be paid in installments equal in number to that remaining under the original assessment, at the same rates of interest, and each of such installmen*..s for the respective amended assessments shall be its pro rata share of the corresponding installment that would have been payable upon the original assessment, or, in the case of consolidation the total of the corresponding installments that would have been payable upon the original assessments, if proration of the original assessment or consolidation of the original assessments had not been made. SECTION 12. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material and underscoring need not be included. SECTION 13. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. -20- SECTION 14. This ordinance shall take effect upon its approval. INTRODUCED BY: i/ %=~%• , COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: January 20, 1995 Date of 1st Reading: January 20, 1995 Date of 2nd Reading: February 1, 1995 Effec tive Date: February 9, 1995 06241/FG ;• - i ~, i ~/~ ~ / _'1J S15 ~.-.- . Si. ''~ ~~ / cC~J/Nry ,~P !'AVV~1il Date.: /~~~~____..__„._...___.. -21- OFFICE OF THE COUNTY CLERK County of Hawaii Hilo Hawaii'' ~~- ' Introduced By: Keola Childs Date Introduced: Januar y 20, 1995 First Reading: Januar y 20, 1995 Published: Januar y 27, 1995 REMARKS: Second Reading: Fe r To Mayor: February 2 , 1995 Returned: Februarv 10. 1995 Effective: February 9 , 1995 Published February 17, 1995 REMARKS: I DO HEREBFY that the ore o' indicated a6o e. APPROVED as o PORt c LlTY O::"~..~?tuN COUNSEL CC'JNTY Or HA\'r'All Dale FFEB 9 1995 Ayyrovc~/IIisaPprcved this ~i day _. -.` Vr~~ MAYOR, COIIN7Y OF IiA II __ ~ - ROLL CALL 110TE AYES NOES ABS EX ~~~ X Bonk-Abnauon X Q~~ X De Liao X Do o X Chorio X Rath X Ra X Smith X 9 0 0 0 ROLL CALL VOTE AYES NOES ABS EX Arakaki }{ Bonk-Abramson }{ Childs X De Lima X Domino X Osorio X Rath X Ray X Smith X 9 0 0 0 was adopted 6y the County Council and published as Bill No.: f3 Referrnce: C-40/PC-11 Ord No.: