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HomeMy WebLinkAboutRES 249 Draft 01 1988-1992COUNTY OF HAWAi~ , ,, ,STATE OF HAWAII RESOLUTION Na. 249 90 (D?AFT 2) RELATING TO PERMANENT IMPROVEMENTS IN THE KALOKO SUBDIVISION, KALOKO, DISTRICT OF NORTH KONA, COUNTY OF HAWAII, ACCEPTING AND ADOPTING THE PETITION AND THE REPORT OF THE CHIEF ENGINEER, DETERMINING THAT APPROVAL AND CONSTRUCTION OF PROPOSED IMPROVEMENTS IS IN THE PUBLiC INTEREST, DETERMINING THAT THE APPRAISED VALUE OF THE. LAND IS MORE THAN TWICE THE ESTIMATED COST OF THE ZMPROVEP;ENTS, PROPOSING TO MAKE THE IMPROVEMENTS, ORDERING REIMBURSEMENT OF PETITIONER FOR CERTAIN COSTS, PROVIDING A RESERVE FUND, DETERMINING THAT NOTICES AND HEARINGS ARE UNNECESSARY, CREATING AND DEFINING "IMPROVEMENT DISTRICT NO. 27 - KALOKO SUBDIVISION," KALOKO, DISTRICT OF NORTH KONA, COUNTY OF HAWAII, PROVIDING FOR THE IMPROVEMENTS, AND DIRECTING THE CHIEF ENGINEER TO PREPARE A FINAL REPORT. WHEREAS, on December 19, 1986, TSA International, Ltd. ("Petitioner") filed a Petition with the County Council in accordance with the provisions of Section 12-16, Hawaii County Code, which Petition was duly acknowledged by Petitioner as the owner of one hundred percent (100$) of the area of land designated in the Petition as a proposed improvement district (there being no lessees of any of the land within the meaning of Section 12-16, Hawaii County Code); and, WHEREAS, the Petition requests construction of the special improvements hereinafter described and contains the surveys, maps, plans and other preli^;inary data and estimates described in Section 12-10, Hawaii County Code, as in the case of a proceeding initiated by the Council pursuant to Sect.on ;.7-10, Hawaii County Code; ard, WHEREAS, the plans, specifications, preliminary assessment roll, description of properties to be assessed and a list of all known owners, lessees and occupants of the land situate within the proposed improvement district, as required by Section 12-27, Hawaii County Code, together with the express consent of the owners of one hundred percent (1008) of the land to be assessed as to the amount and apportionment of the proposed assessments for the improvements, are set forth in the Petition in the manner, form and detail required by law; and, WHEREAS, Section 12-16, Hawaii County Code, provides that the Council shall proceed on the Petition in the same manner as if the plan for the improvements had been initiated on its own motion, except that notices of hearing otherwise required by Section 12-10, Hawaii County Code, shall be inapplicable; and, WHEREAS, Section 12-16, Hawaii County Code, further provides that in the case of the express written consent of one hundred percent (1008) of the owners of the land to be assessed to the amount and apportionment of the proposed assessments for the improvements, the notice and hearing otherwise required by Section 12-27, Hawaii County Code, shall be unnecessary and in such event the Council may immediately proceed to fix the assessments in the manner provided in Section 12-29, Hawaii County Code; and, -2- RESOLUTION N0. ~:`~o'J .~iO WHEREAS, the Chief Engineer of the County of Hawaii, to whom the Petition was duly referred by Resolution No. 158- 90, has submitted to the Council a preliminary report dated October 15, 1990, filed with the Clerk of the County of Hawaii, showing his approval of the Petition as containing the data required by Section 12-10, Hawaii County Code; and, WHEREAS, the Petition, preliminary report of the Chief Engineer and the construction plans and specifications for the improvements have been fully considered by the Council, and it being the opinion of the Council that the improvements are desirable and should be made; NOW, THEREFORE, be it Resolved by the County Council of the County of Hawaii as follows: 1. The Petition is accepted and adopted and the preliminary report of the Chief Engineer is approved, adopted and ratified, subject to such alterations, modifications and amendments as may hereafter be adopted according to law. 2. It is determined and found that the appraised value of the land to be improved and included in the proposed improvement district was appraised in accordance with the prevailing standards of appraisal now used by banks for loan purposes, that the appraised value of the land is more than twice the estimated cost of the improvements and that the approval and making of the improvements is in the public interest. -3- RESOLU'T'ION N0. z~9 ~O 3. The boundaries of the proposed improvement district are as described and shown on Exhibits II-1, II-2, II-3 and II-4 of the Petition, which exhibits are incorporated herein and made a part hereof by reference. 4. The improvements to be made and constructed consist of the following: (a) A roadway to provide ingress and egress to, from and within the Kaloko Subdivision, including all grubbing, grading, excavation, fill, sub-base, base course, asphalt pavement and drainage structures necessary for the construction of the roadway in accordance with the construction plans and specifications. (b) A street lighting and electrical system in accordance with the construction plans and specifications, located within the roadway right-of-way, to serve the lots in the proposed improvement district. (c) A water transmission system in accordance with the construction plans and specifications, located within the roadway right-of-way, to serve the lots in the proposed improvement district. (d) A water storage and booster pumping system in accordance with the construction plans and specifications, located without the roadway right-of-way, to serve the lots in the proposed improvement district. -4- RESOLUTION NO. 24~' 9O (e) All appurtenant and incidental work and materials required to complete the improvements in accordance with the construction plans and specifications. 5. The construction plans and specifications for the improvements, which were approved by the Department of Water Supply and the Department of Public Works and are on file at the Department of Public Works, and the construction cost estimates and estimate for contingencies for the improvements, which are contained in the Chief Engineer's preliminary report, are approved and adopted, subject to such alterations and amendments as shall be hereafter adopted in accordance with law, all of which plans, specifications and estimates are incorporated herein and made a part hereof by reference. 6. The general character, extent and details of the improvements and the materials to be used for the improvements, as shown on the construction plans on file at the Department of Public Works, are approved and adopted and are generally described and defined as follows: (a) Roadway Excavation, Fill and Grading. The roadway within the improvement district shall be excavated, filled and graded to the depth, elevation, width and cross- section as shown on the construction plans and specifications. (b) Roadway Pavement. The roadway pavement shall consist of two inch thick asphaltic concrete surfacing -5- RESOLUTION N0. 249 9~ on a four inch thick aggregate base course and a six inch thick select borrow sub-base course. (c) Roadway Shoulders. The roadway shoulders shall be constructed in accordance with the construction plans and specifications. (d) Street Liqhtinq and Electrical System. Street lighting units, poles and appurtenances and underground electrical transmission lines, transformers and appurtenances shall be installed within the roadway right-of-way in accordance with the construction plans and specifications. (e) Drainage Facilities. Drainage facilities and drywell sumps shall be constructed within the roadway right-of-way in accordance with the construction plans and specifications. (f) Water Facilities. Water transmission facilities within the roadway right-of-way and water storage facilities without the roadway right-of-way shall be constructed in accordance with the construction plans and specifications. One-third of the cost of the water transmission, storage and booster pumping facilities will be paid by the Department of Water Supply in installments as provided in paragraph 11 herein. 7. The details for construction of the improvements shall be substantially as set forth in the construction plans and specifications on file at the Department of Public Works, provided that alterations and changes in work or materials may -6- RESOLUTION N0. 249 9~ be made in the details of any part or parts of the improvements as the Chief Engineer shall deem necessary or advisable to complete the improvements in an efficient and satisfactory manner and without materially altering the general character or plan of the improvements and otherwise consistent with the terms of this resolution and subject always to the approval of the Council. 8. The lands to be acquired for the improvements consist of the roadway right-of-way, sites for water storage facilities and easements as shown on Exhibit I attached to the Petition and on the construction plans. 9. The cost of the preliminary engineering work, surveys, maps, plans, drawings, legal services and other data necessary for the Petition constituting incidental costs shall be deemed part of the cost of the improvements, provided that the Council shall review and approve the amount of such costs. Such costs, to the extent expended by Petitioner, shall be reimbursed to Petitioner when funds therefor are available from the proceeds of improvement district bonds issued for the improvement district. 10. The County of Hawaii shall bear none of the cost of the improvements. 11. The owners of lots within the improvement district shall be permitted to pay assessments, and the Department of Water Supply shall be permitted to pay its share of the cost of the water transmission, storage and booster -7- RESOLUTION N0. 249 9~ pumping facilities, in installments of not more than two hundred forty (240) monthly installments and shall be permitted to prepay the outstanding principal amount of the assessment at any time, provided that the owner making the prepayment or the Department of Water Supply shall then be current in all installment payments and pays a prepayment premium not exceeding five percent (58) of the outstanding principal amount of the assessment. 12. The maximum term of the improvement district bonds to be issued shall be twenty years, at a maximum rate of interest of twelve percent (128), and a maximum premium of five percent (5~) of the unpaid principal amount shall be required to be paid upon call and redemption of any such bond prior to maturity. 13. A reserve fund shall be established, as additional security for the payment of principal and interest on the improvement district bonds, in an amount equal to the maximum annual debt service for the improvement district bonds or ten percent (10~) of the principal amount of the improvement district bonds issued, whichever is less. 14. Pursuant to Section 12-16, Hawaii County Code, neither notices nor hearings upon the improvements, as otherwise required in Sections 12-10 and 12-27, Hawaii County Code, shall be required and no such notices or hearings shall be held. 15. The improvements shall be made and constructed substantially as proposed and as set forth in the Petition, -8- RESOLUTION N0. 249 98 the exhibits attached thereto and the construction plans and specifications on file at the Department of Public Works, without material alteration in the general character or plan and without increasing the maximum estimated units of assessments, except as may hereafter be consented to in writing by the owners of one hundred percent (1008) of the land in the improvement district. 16. An improvement district for the Kaloko Subdivision, Kaloko, North Kona, County and State of Hawaii, is hereby created, defined and established as "IMPROVEMENT DISTRICT NO. 17 - KALOKO SUBDIVISION," the limits and extent of which, and the area to be assessed being more particularly created, defined, established and legally described in Exhibits I and II-1 through II-4 of the Petition, which are incorporated herein and made a part hereof by reference. 17. The entire cost of the improvements within and for "IMPROVEMENT DISTRICT NO. 17 - KALOKO SUBDIVISION" shall be provided by assessment on an area basis according to the area of and against all of the assessable lands within the limits of the improvement district, except that portion of the cost to be paid by the Department of Water Supply as aforesaid. The assessable land within the improvement district shall be within a single zone which is specially benefitted by all of the improvements. The land within the improvement district, consisting of four parcels, are as set forth and shown in the Petition and Exhibit I attached -9- RESOLUTION N0. 249 98 thereto. The assessable land within the parcels totals 57,050,663 square feet. The maximum unit of assessment against the assessable land is $.2855205 per square foot. 18. The Chief Engineer is directed to prepare a final map of the improvement district showing the roadway and other special improvements and the exact location of the improvements, and is further directed to prepare the final details, plans and specifications for the construction of the improvements, all in such form as will readily permit and encourage genuine competition among contractors bidding for the construction contract for the improvements. 19. The Manager of the Department of water Supply is requested to furnish to the Chief Engineer the final details, plans and specifications for the construction of the water transmission and storage facilities within the improvement district. 20. The Clerk of the County of Hawaii shall transmit copies of this resolution to the Petitioner and the Chief Engineer. Dated at Hilo, Hawaii, the 21st day of November 1990. Introc~ced ,bye ` 1 Member,'"C[~unty of Hawaii COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof ad~pted by2t~e CQ~J,jVOCIL of the County of Hawaii on Nove er , tyy yy ATTEST: .Fl ie ' /y~~%~'~- COUNTY LERK HAIRMAN & PRE IDING OFFICER r ROLL CALL VOTE AYES NOES ABS EX DOMINGO HALE ARAKAKI KOKUBUN X LAI X MAKUAKANE RUDDLE X SCHUTTE DE LIMA Reference C-2102/PWC-lg0 RESOLUTION NO. 2 4 9 9 0 ( DRP_FT 2 ) Larry S. Taniu~oto Mayor Richard I. Miyamoto ~y,. Corporation Counsel ~p~+ M M'•Y ~: c~ ~~wY,, Steven Christensen Office of the Corporation Counsel Assistant Corporation Counsel •. ~. Hilo Lagoon Centre • 101 Aupuni Sfreet, Suite 325 • Hilo, Hawaii %720 • (808) 961-8251 ''+ii•;;•N:'i' FAX (808) 969-7049 November 19, 1990 Honorable Merle K. Lai Chairwoman, Public Works Committee County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Chairwoman Lai: Re: Resolution 249-90, Improvement District No. 17, Kaloko Subdivision As you have requested, I have examined the above-named resolution as to form and legality. Only one change was necessary. A final paragraph has been added, which states: BE IT FURTHER RESOLVED, that the Clerk of the County of Hawaii transmit copies of this resolution to the Petitioner and the Chief Engineer. This has been done as a matter of form, and to assure that Petitioner and the Chief Engineer receive notice of the resolution's passage. The Petitioner's attorney has added this required paragraph by reprinting page 10 of Resolution 249-90, which we have submitted to you. Please contact this office if there are any questions. Very truly yours, RICHARD I. MIYAMOTO Corporation Counsel f /' r By /U GG t~ru-r,.v-L~ FREDERICK GIA~NINI Deputy Corporation Counsel FG:ch l (.. ! yY~G!!l~.E~ COUNTY OF HAWAII STATE OF HAWAII RESOLUTION No 249 98 RELATING TO PERMANENT IMPROVEMENTS IN THE KALOKO SUBDIVISION, KALOKO, DISTRICT OF NORTH KONA, COUNTY OF HAWAII, ACCEPTING AND ADOPTING THE PETITION AND THE REPORT OF THE CHIEF ENGINEER, DETERMINING THAT APPROVAL AND CONSTRUCTION OF PROPOSED IMPROVEMENTS IS IN THE PUBLIC INTEREST, DETERMINING THAT THE APPRAISED VALUE OF THE LAND IS MORE THAN TWICE THE ESTIMATED COST OF THE IMPROVEMENTS, PROPOSING TO MAKE THE IMPROVEMENTS, ORDERING REIMBURSEMENT OF PETITIONER FOR CERTAIN COSTS, PROVIDING A RESERVE FUND, DETERMINING THAT NOTICES AND HEARINGS ARE UIQNECESSARY, CREATING AND DEFINING "IMPROVEMENT DISTRICT N0. 17 - KALOKO SUBDIVISION," KALOKO, DISTRICT OF NORTH KONA, COUNTY OF HAWAII, PROVIDING FOR THE IMPROVEMENTS, AND DIRECTIATG THE CHIEF ENGINEER TO PREPARE A FINAL REPORT. WHEREAS, on December 19, 1986, TSA International, Ltd. ("Petitioner") filed a Petition with the County Council in accordance with the provisions of Section 12-16, Hawaii County Code, which Petition was duly acknowledged by Petitioner as the owner of one hundred percent (1000 of the area of land designated in the Petition as a proposed improvement district (there being no lessees of any of the land within the meaning of Section 12-16, Hawaii County Code); and, WHEREAS, the Petition requests construction of the special improvements hereinafter described and contains the surveys, maps, plans and other preliminary data and estimates described in Section 12-10, Hawaii County Code, as in the case of a proceeding initiated by the Council pursuant to Section 12-10, Hawaii County Code; ard, thereto. The assessable land within the parcels totals 57,050,663 square feet. The maximum unit of assessment against the assessable land is $.2855205 per square foot. 18. The Chief Engineer is directed to prepare a final map of the improvement district showing the roadway and other special improvements and the exact location of the improvements, and is further directed to prepare the final details, plans and specifications for the construction of the improvements, all in such form as will readily permit and encourage genuine competition among contractors bidding for the construction contract for the improvements. 19. The Manager of the Department of Water Supply is requested to furnish to the Chief Engineer the final details, plans and specifications for the construction of the water transmission and storage facilities within the improvement district. Dated at Hilo, Hawaii, the day of Introduced by: Cour~il Member, 0 1990. COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on ATTEST: COUNTY CLERK CHAIRMAN & PRESIDING OFFICER ROLL CALL VOTE AYES NOES ABS EX DOMINGO HALE AP.AKAKI KOKUBUN LAI MAKUAKANE RUDDLE SCHUTTE D I L Reference C-2102/PWC RESOLUTION NO. 2~ 9~ RUSSELL S. KOKU9UV Chairman & Presiding Oifieze MERLE K. LAI Vice-Chairwoman ~_U ~1.~T~~ CU(_1,~CIIr Cowity of Hawaii Hnicnii Caunhi Building 25 Aupuni Street Hilu, Hawaii 96720 December 13, 1990 Menezes Tsukazaki Yeh & Moore Attorneys at Law 100 Pauahi St., Suite 204 Hilo, HI 96720 Enclosed is a copy of Resolution No. 249-90 which was adopted by the Council of the County of Hawaii on November 21, 1990. Ohn A. Wagner ~~OUNTY CLERK TA KASHI DOMI'~'GC) HELE\'E H. HALE JAMES Y. ARAKAKI ROBERT H. MAKGAKANE HARRY S. RGDDLE SPE]CER K SCHUTTE BRIAN J. DE LIMA Encl.