HomeMy WebLinkAboutBIL 132 Draft 03 2008-2010
OFFICE OF THE COUNTY CLERK
County of Hawai'i
Hilo , Hawai'i
Introduced By:
Date Introduced:
First Reading:
Published:
Dominic Yagong
October 21, 2009
November 18, 2009
N/A
REMARKS: 11/18/09 - Close file
11/4/09 - Postponed
11/2/09 - Public hearing held
10/21/09 - Postponed (pending public
hearing to be held at call of Chair)
Second Reading:
To Mayor:
Returned:
Effective:
Published:
REMARKS:
(DRAFT 3)
ROLL CALL VOTE
AYES NOES ABS EX
Enriques X
Ford X
Greenwell X
Hoffmann X
Ikeda X
Naeole X
Onishi X
Yagong X
Yoshimoto X
4 5 0 0
ROLL CALL VOTE
AYES NOES ABS EX
Enriques
Ford
Greenwell
Hoffmann
Ikeda
Naeole
Onishi
Yagong
Yoshimoto
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAI'I
Date
Approved/Disapproved this
day
of
,20
MAYOR, COUNTY OF HAWAI'I
COUNCIL CHAIRMAN
COUNTY CLERK
Bill No.:
132 (Draft 3)
C-488.41/FC-93
Reference:
Ord No.:
COUNTY OF HAWAI'I
STATE OF HAWAI'I
ORDINANCE NO.
BILL NO. 132
(DRAFT 3)
AN ORDINANCE TO AMEND CHAPTER 2, ARTICLE 19, HAW AI'I COUNTY CODE
1983 (2005 EDITION, AS AMENDED) RELATING TO COUNCIL APPROVAL FOR
CERT AIN 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.
.@} 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.
ilil Prior to disposition, any disposition by auction of real property that is: (I)
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."
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.
.@} 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 ofthepublic.
ilil 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 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 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.
~ 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
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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.
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.
m]=
COUNCIL MEMBE
/
F HAWAI'I
, Hawai'i
Date of Introduction:
Date of 151 Reading:
Date of 2nd Reading:
Effective Date:
RE:fERENCE: Comm.
488.41
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