HomeMy WebLinkAboutCOM 0488.045 2008-2010
Mailing Address:
(Former County Building)
25 Aupuni Street
Hilo, Hawai'i 96720
Phone: (808) 961-8571
Fax: (808) 961-8912
Email: donishi@co.hawaii.hi.u~
DENNIS "FRESH" ONISHI
Council Member
Council District 4
Hawai'i County Council
County of Hawai 'i
Business Address:
333 Kflauea Avenue, Second Floor
Ben Franklin Building
Hilo, Hawai'i 96720
DATE:
October 21, 2009
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FROM:
Dennis "Fresh" Onishi, Council Member
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TO:
J Yoshimoto, Council Chair
And Members of the Hawai'i County Council
SUBJECT:
Proposed Amendments to Bill No. 132
Please see proposed amendments to Bill No. 132. The proposed amendments below are
illustrated in Ramseyer format with respect to the current version of the Hawaii County Code,
and are in bold for illustrative purposes only with regards to changes in Draft 3.
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.
(a) 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.
(b) Prior to disposition, any disposition by auction of real property that is: (1)
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 as provided in section 2-111. The [resolation shall
include the] final bid price, intended use of property, and the name or
names of the prospective buyer shall be a public record available for
inspection at the Finance office. This section shall not apply to real
property obtained by the County through foreclosure due to non-payment
of real property taxes."
Serving the 1nterests of the People of Our 1sland
Hawai'i County is an Equal Opportunity Provider and Employer
Comm. No. 4'6r. ...,.~
Ref. To: 1'T(~~L
Ref. Date .oCT 21 2nn~
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.
ill 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.
(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 as provided in section 2-111. The fresel-ation 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 shall be
a public record available for inspection at the Finance office. 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.
(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 as provided in section 2-
111. 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 shall be a public record available for inspection at the
Finance office. 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.
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