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HomeMy WebLinkAboutCOM 0488.027 2008-2010 , DOMINIC YAGONG Councd Member Councd District I . . Phone (808) 961-8264 Fax' (808) 961-8912 Emml dyagong@co hawall hi us Mallmg Address (Former County BUilding) 25 AupunI Street Hllo, HawQl'1 96720 Business Address 333 Kflauea Avenue, Second Floor Ben Franklin Building Hllo, Hawm 'I 96720 Hawai'i County Council County of Hawai 'i ..-.~ 1 , .' ,. , September 15,2009 " -) ,- . c.:_') C0 r 1 ' -0 To: J Yoshimoto, Chair and Members of the Hawai'i County Council Dominic Yagong, Council Member ~~ >--' 'f: "l' ..3 From: , -' ;'-.) Re: " .) Proposed Amendments to Bill 132, Draft 2, Relating to Council Approval ffif Certain County Land Transactions Please find attached proposed amendments to Bill 132, Draft 2, which amends Hawai'i County Code sections 2-112 through 2-114. The amendments are illustrated below via Ramseyer format with respect to the contents of Bill 132; material to be added is underlined. 1. Subsection (b) of section 2-112 is amended to read as follows: "(b) Prior to disposition, any disposition by auction of real property that i&.ill ten acres or larger, or (2) appraised in value at or in excess of $500.000; shall be approved by council through a resolution as submitted by the director of finance. The resolution shall include the final bid price, intended use of property, and the name or names of the prospective buyer. This section shall not apply to real property obtained by the County through foreclosure due to non- payment of real property taxes." 2. Subsection (b) of section 2-113 is amended to read as follows: "(b) Prior to disposition, any real property ten acres or larger or appraised in value at or in excess of $500,000 to be sold or leased by call for sealed bids shall be approved by council through a resolution as submitted by the director of finance. The resolution shall include the bid price or terms of the bid lease, the intended Comm. No. 4 i'ff. :t. 7 Ref. To: -PI Ft:- ~ Ref. Date SEP 1 5 70nQ Serving the Interests of the People of Our Island Hawm'l County IS an Equal Opportunity Provider and Employer .. September 15,2009 Page 2 012 . . use of property, and the name or names of the prospective buyer or lessee. This section shall not apply to real property obtained by the County through foreclosure due to non-payment of real property taxes. " 3. Subsection (e) of section 2-114 is amended to read as follows: "(e) Notwithstanding subsection (c), prior to disposition, any real property ten acres or larger or appraised in value at or in excess of $500.000 to be sold or leased through negotiation shall be approved by council through a resolution as submitted by the director of finance. The resolution shall include the negotiated sale price or lease terms, the intended use of property, and the name or names of the prospective buyer or lessee. This section shall not apply to real property obtained by the County through foreclosure due to non-payment of real property taxes." A draft copy of Bill 132, Draft 3, with these proposed amendments incorporated therein, is attached. The attached draft copy of Bill 132, Draft 3, illustrates amendments via Ramseyer format with respect to the existing provisions of the Hawai'i County Code. DY Au , AN ORDINANCE TO I:ND CHAPTER 2, ARTICLE 19, !, AI'I COUNTY CODE 1983 (2005 EDITION, AS AMENDED) RELATING TO COUNCIL APPROVAL FOR CERTAIN COUNTY LAND TRANSACTIONS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAW AI'I: SECTION 1. Chapter 2, article 19, section 2-112 of the Hawai'i County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Section 2-112. Disposition by auction. W Unless the council finds substantial reasons to dispose of real property in some other manner, all disposition of real property shall be made at public auction, after public notice as provided in section 2-111. All such auctions shall be held at the main entrance of the County building in which the main office of the department of finance is located or at such other place as is convenient in the district in which the real property is located, and shall be conducted by the finance director or by the finance director's authorized representative. (Q} Prior to disposition, any disposition by auction of realvroperty that is: (1) ten acres or larger, or (2) appraised in value at or in excess of $500,000: shall be approved bv council through a resolution as submitted by the director of finance. The resolution shall include the final bid price, intended use of property, and the name or names of the prospective buyer. This section shall not apply to real property obtained bv the County through foreclosure due to non-payment ofrealvroperty taxes." SECTION 2. Chapter 2, article 19, section 2-113 of the Hawai'i County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Section 2-113. Sale or lease by sealed bids. W Whenever real property are to be sold or leased by call for sealed bids, the finance director shall notify by publication for a call for bids as provided in section 2-116 with such details concerning the call for bids as the finance director shall deem necessary and desirable. All bids shall be sealed and delivered to the finance director and shall be opened by the finance director at the time and place stated in the call for bids. The finance director may reject any or all bids and waive any defects when in the finance director's opinion such rejection or waiver will be for the best interest of the public. (Q} Prior to disposition, any real property ten acres or larger or appraised in value at or in excess of $500,000 to be sold or leased by call for sealed bids shall be approved by council through a resolution as submitted bv the director of finance. The resolution shall include the bid price or terms of the bid lease, the intended use of propertv, and the name or names of the prospective buyer or lessee. This section shall not apvly to real property obtained by the County through foreclosure due to non-payment of real property taxes." \ . . SECTION 3. Chapter 2, article 19, section 2-114 of the Hawai'i County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Section 2-114. Sale or lease by negotiation. (a) Real property may be sold or leased through negotiation upon a finding by the council that the public interest demands it and upon approval of the minimum conditions and selection criteria of the council. (b) After a determination is made to negotiate the disposition, the finance director shall: (1) Give public notice, in accordance with the procedure set forth in section 2-116 of the County's intention to sell or lease real property through negotiation setting forth the minimum conditions thereunder. (2) Establish reasonable criteria for the selection of the buyer or lessee. (3) Determine the applicants who meet the criteria for selection, and notify all applicants of the determination. Any applicant may examine the basis of the determination, which shall be in writing, to ascertain whether or not the conditions and criteria established were followed; provided that if any applicant does not notify the finance director of the applicant's objections, and the grounds therefor, in writing, within twenty days of the receipt of the notice, the applicant shall be barred from proceeding to seek legal remedy for any alleged failure of the finance director to follow the conditions and criteria. (c) If only one applicant meets the criteria for selection of the buyer or lessee, the finance director may, after notice as provided in subsection (b )(3) of this section, dispose of the real property by negotiation. If two or more applicants meet the criteria for the selection of the buyer or lessee, the finance director shall select the buyer or lessee who submits the highest offer contained in a sealed bid deposited with the finance director. (d) The council may require in the initial resolution that the negotiated agreement be accepted by the council. UD. Notwithstanding subsection (c). prior to disposition. any real property ten acres or larger or appraised in value at or in excess of $500.000 to be sold or leased through negotiation shall be approved by council through a resolution as submitted by the director of finance. The resolution shall include the negotiated sale price or lease terms. the intended use of property. and the name or names of the prospective buyer or lessee. This section shall not apply to real property obtained by the County through foreclosure due to non-payment of real property taxes." SECTION 4. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. 2 ", . . SECTION 5. Severability. If any provision of this ordinance or the application thereof to any person or circumstance, is held invalid, such invalidity does 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 to be severable. SECTION 6. This ordinance shall take effect upon its approval. 3