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HomeMy WebLinkAboutRES 550 Draft 01 1964 COUNTY OF HAWAII - STATE OF HAWAII RESOLUTION NO . 550 RESOLUTION RELATING TO "IMPROVEMENT DISTRICT NO . 1 - WAIOHINU", IN THE DISTRICT OF KAU, COUNTY OF HAWAII, APPROVING, ADOPTING AND RATIFYING THE PRELIMINARY REPORT OF THE CHIEF ENGINEER OF THE DEPARTMENT OF PUBLIC WORKS OF THE COUNTY OF HAWAII ON ASSESSMENTS, PROVIDING FOR THE PAYMENT OF ASSESSMENTS AGAINST THE PROPERTY WITHIN THE SAID IMPROVEMENT DISTRICT, AND FOR SUCH BOND ISSUE AS SHALL BE NECESSARY, AND AUTHORIZING A PUBLIC HEARING THEREON . WHEREAS, after due advertisement tenders having been received and opened on October 1, 1964, relating to street and water improvements within "Improvement District No. 1 - Waiohinu", Kau, Hawaii, all as heretofore established; and WHEREAS, the Chief Engineer of the Department of Public Works, as directed by the Board of Supervisors has caused a Corrected Map, Preliminary Assessment Roll and Description of Properties of said "Improvement District No. 1 - Waiohinu", Kau, Hawaii, to be prepared, showing in detail the amount per square foot proposed to be assessed against the property within said improvement district, and a list of all known owners, lessees and/or occupants of the land within said improvement district, all of which are incorporated in the report of the said Chief Engineer, dated October 19, 1964, as provided by law; and WHEREAS, said report and said proposed assessments have now been further and fully considered by this Board, and a public hearing on the basis thereof is desirable and necessary; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF HAWAII: - I - That said preliminary report on assessments of the Chief Engineer of the Department of Public Works, dated October 19, 1964, RES. NO. 550 File No. ______ M. B. No. _____ Date: NOV 4, 1964 including the Corrected Map, Preliminary Assessment Roll and Description of Properties, be and the same are hereby approved, adopted and ratified as and for the Corrected Map, Preliminary Assessment Roll and Description of Properties for "Improvement District No. 1 - Waiohinu", Kau, Hawaii, subject to such alterations, modifications and amendments as may hereafter be adopted according to law; said report being specifically referred to and incorporated herein. - II - That all assessments made against the property within said improvement district as set forth in detail in said Chief Engineer's report shall be payable within thirty ( 30) days after the date of the last publication of the assessment ordinance relating thereto, which shall be hereafter enacted; provided that any such assessments may, at the election of the owners of said land assessed, be paid in twenty ( 20) equal annual installments of principal, together with interest on unpaid principal payable annually at the rate of six per cent ( 670 per annum, the first installment to be due and payable within ( 30) days after the date of the last publication of the ordinance aforesaid; provided, however, that the method and rate of payment can be modified according to law, after the public hearing as hereinafter authorized. - III - That the County of Hawaii may issue sufficient improvement district bonds for "Improvement District No. 1 - Waiohinu", Kau, Hawaii, to raise such amounts as shall be due in deferred installments, said bond to be in such form as shall hereafter be adopted and prescribed by this Board, according to law; said bonds to be payable as described by law and to be for a term not greater than the period 11Qwed for installment payment of assessments; RES. NO. 550 FILE NO. M. B. NO. DATE: NOV 4 1964 -2- provided, however, that the form, terms, interest and payment of said bonds may be modified according to law, after the public hearing as hereafter authorized. - IV - That a public hearing before this Board sitting as a Board of Equalization, be had respecting the amount of said proposed assessment, to be held before said Board at the Boardroom in the County Building, Hilo, Hawaii, on November 18, 1964, at the hour of 9: 30 o'clock a.m. , or as soon thereafter as those interested may be heard. - V - That the County Clerk shall give notice on behalf of the Board, as required by law, to the owners, lessees and occupants of the land within the said improvement district, as heretofore established, showing the total amount of the cost of the improve- ment based upon the bid of the lowest responsible and reliable bidder and the maximum rate per square foot for street and water improvements proposed to be charged to all the land within said improvement district, and that the Corrected Map, Preliminary Assessment Roll, and Description of Properties relating to said improvement district may be seen and examined at the Office of the Chief Engineer of the Department of Public Works during business hours, at any time prior to and during the date fixed for the hearing; and further give notice of the time and place of said public hearing respecting the proposed assessments, at which public hearing the Board will sit as a Board of Equalization to receive complaints or objections respecting the proposed assessments, said notice to be published as provided by law. Dated at Hilo, Hawaii, this 21st day of October, 1964. BOARD}OF SUPERVISORS, COUNTY OF HAWAII Ratified: November 4, 1964 By . CHAIRMAN AND EXECUTIVE OFFICER PRO TEMPORE RES. NO. 550 FILE NO. M. B. NO. DATE: NOV 4 1964 -3- LEGAL NOTICE PUBLIC HEARING 9:30 A.M. Wednesday November 18, 1964 ASSESSMENTS IMPROVEMENT DISTRICT ONE WAIOHINU KAU, HAWAII TO THE OWNERS, LESSEES AND OCCUPANTS OF LANDS TO 6. A Public Hearing will be held before the Board of Super- BE ASSESSED WITHIN SAID IMPROVEMENT DISTRICT visors at the Boardroom in the County Building, Hilo, Ha- AND TO ALL PERSONS INTERESTED GENERALLY: waii, to receive complaints or objections respecting the (Examine the Preliminary Assessment Report for this Improve- amounts of the proposed assessments on November 18, 1964, ment District for yourself and your property, and report any at 9:30 o'clock a.m., or as soon thereafter as those interested errors in area or total assessments to the Chief Engineer of the may be heard. The report of the Chief Engineer of the De- Department of Public Works, County of Hawaii, prior to or at partment of Public Works, dated October 19, 1964, including the Public Hearing.) said Corrected Map and Preliminary Assessment Roll, herein NOTICE IS HEREBY GIVEN in accordance with Resolution No. referred to and incorporated, may be seen and examined at 550, adopted October 21, 1964, that the Board of Supervisors pro- the Office of the Chief Engineer of the Department of Public poses to assess the property within said Improvement District Works, County Building, Hilo, Hawaii, at any time during as provided by the Improvement Statutes and that in conformity business hours prior to and including the date of hearing. with the provisions of Section 146-143, Revised Laws of Hawaii BY ORDER OF THE BOARD OF SUPERVISORS 1955, notice is hereby given of the following: OF THE COUNTY OF HAWAII 1. The DESCRIPTION and the AREA of property subject to MARGARET M. KAAUA assessments as heretofore established by Resolution No. 500, COUNTY CLERK, COUNTY OF HAWAII adopted October 21, 1964, by said Board and as shown in DATE: HILO, HAWAII detail on the Corrected Map, Preliminary Assessment Roll October 21, 1964 and Description of Properties are specifically referred to and incorporated therein. BY AUTHORITY 2. RATE OF ASSESSMENTS TO ALL OWNERS, LESSEES AND OCCUPANTS The rate for street and water improvements and its pro- OF LAND TO BE ASSESSED AND TO ALL rated cost of engineering, inspection, sale of bonds, advertis- OTHERS INTERESTED IN LANDS ABUTTING ON OR ing and incidentals to be assessed uniformly on an area AFFECTED BY THE IMPROVEMENT OF basis against all benefited properties within said Improve- IMPROVEMENT DISTRICT NO. 1 ment District as shown on the Preliminary Assessment Roll WAIOHINU will be $ 0.1100082 per sq. ft. KAU, HAWAII 3. Assessments, either the whole or the first of twenty (20) BY SPECIAL ASSESSMENTS equal annual installments of principal, together with interest A PUBLIC HEARING will be held on November 18, 1964, before on unpaid principal payable annually at six per cent (6%) the Board of Supervisors of the County of Hawaii, at the Board- per annum shall be due and payable within thirty (30) days room at 9:30 A.M., or as soon thereafter as those interested may after the last publication of the ordinance relating thereto, be heard to consider the matter of assessment, as shown in detail which shall be hereafter enacted. in the notice to the left hereof, and the Board will sit as a Board 4. Improvement District Bonds may be authorized as required., of Equalization to receive complaints or objections respecting the 5. The total cost to be assessed against private properties amounts of the proposed assessments. within said Improvement District and their owners, respec- MARGARET M. KAAUA tively, is $1,449,763.00, which amounts to 100% of the total County Clerk of the County of Hawaii cost of the entire improvements. (336—Hawaii Tribune-Herald: Nov. 2, 5, 10, 13, 1964) [notation (pencilled in): C-3097) October 28, 1964 C-3162/Res.550 Mark Twain Estates, Inc. 546 El Camino Real Belmont, CaliZornia Gentlemen: Re: Improvement District No. 1 - Waiohinu -• . As required by law, the County Clerk shall give notice an behalf or the Beard of supervisors of the County of Hawaii to the owners, lessees and eocupants of the land within the above-captioned impropmeant district thawing the total amount of the coat of the improvement based upon the ■ bid of the lowest responsible and reliable bidder and the maximum rate per square foot for street and water improvements proposed to be charged to all the land within said improvement district. I am enclosing, therefore, a copy of Resolution No. 550 and a copy of the Notice of Public Hearing which contains this information as well as other pertinent data in which you may be interested. • Very truly yours, (Mrs.) Margaret I . Kaaua COUNTY cc: Mr. Tamotsu Tanake Letters also to: Howard M. Gleazer Annette F. Felder Cabral 824 North Idaho Street 470 West 7th Street San Mateo, California Claremont, California (Assessment Lot #834) (Assessment Lots #835 & #836) MARGARET M. KAAUA RICHARD M. FUJIE COUNTY CLERK DEPUTY CLERK OFFICE OF THE COUNTY CLERK COUNTY OF HAWAII HILO, HAWAII - 96720 November 18, 1964 Honorable Helene H. Hale Chairman & Executive Officer Members, Board of Supervisors County of Hawaii Hilo, Hawaii Dear Mrs. Hale and Gentlemen: In compliance with section 146-143, Revised Laws of Hawaii 1955, I submit herewith the Affidavits of Publication and Posting with regard to the Notice of Public Hearing for the proposed improvement district with Mark Twain Estates. Very truly yours, (Mrs.) Margaret M. Kaaua COUNTY CLERK w Encls. 2! A F F I D A V I T STATE OF HAWAII ) : ss. COUNTY OF HAWAII) MARGARET M. KAAUA being duly sworn deposes and says that she is the County Clerk of the County of Hawaii, State of Hawaii; That the notices required pursuant to section 146-143, Revised Laws of Hawaii 1955, were duly published in the Hawaii Tribune-Herald on November 2, 5, 10 and 13, 1964, and that notices were caused to be posted approximately every two hundred and fifty feet along the highway or highways proposed to be opened or improved. Further the affiant sayeth not. Dated at Hilo, Hawaii, this 18th day of November, 1964. Subscribed and sworn to before me this 18th day of November, 1964. Notary Public, Third Circuit State of Hawaii, My commission expires Feb. 28, 1965. LEGAL PUBLIC HEARING 9:30 A.M. Wednesday November 18, 1964 ASSESSMENTS IMPROVEMENT DISTRICT ONE WAIOHINU KAU, HAWAII TO THE OWNERS, LESSEES AND OCCUPANTS OF LANDS TO BE ASSESSED WITHIN SAID IMPROVEMENT DISTRICT AND TO ALL PERSONS INTERESTED GENERALLY: (Examine the Preliminary Assessment Report for this Improve- ment District for yourself and your property, and report any errors in area or total assessments to the Chief Engineer of the Department of Public Works, County of Hawaii, prior to or at the Public Hearing.) NOTICE IS HEREBY GIVEN in accordance with Resolution No. 550, adopted October 21, 1964, that the Board of Supervisors pro- poses to assess the property within said Improvement District as provided by the Improvement Statutes and that in conformity with the provisions of Section 146-143, Revised Laws of Hawaii 1955, notice is hereby given of the following: 1. The DESCRIPTION and the AREA of property subject to assessments as heretofore established by Resolution No. 500, adopted October 21, 1964, by said Board and as shown in detail on the Corrected Map, Preliminary Assessment Roll and Description of Properties are specifically referred to and incorporated therein. 2. RATE OF ASSESSMENTS The rate for street and water improvements and its pro- rated cost of engineering, inspection, sale of bonds, advertis- ing and incidentals to be assessed uniformly on an area basis against all benefited properties within said Improve- ment District as shown on the Preliminary Assessment Roll will be $ 0.1100082 per sq. ft. 3. Assessments, either the whole or the first of twenty (20) equal annual installments of principal, together with interest on unpaid principal payable annually at six per cent (6%) per annum shall be due and payable within thirty (30) days after the last publication of the ordinance relating thereto, which shall be hereafter enacted. 4. Improvement District Bonds may be authorized as required. 5. The total cost to be assessed against private properties within said Improvement District and their owners, respec- tively, is $1,449,763.00, which amounts to 100% of the total cost of the entire improvements. 6. A Public Hearing will be held before the Board of Super- visors at the Boardroom in the County Building, Hilo, Ha- waii, to receive complaints or objections respecting the amounts of the proposed assessments on November 18, 1964, at 9:30 o'clock a.m., or as soon thereafter as those interested may be heard. The report of the Chief Engineer of the De- partment of Public Works, dated October 19, 1964, including said Corrected Map and Preliminary Assessment Roll, herein referred to and incorporated, may be seen and examined at the Office of the Chief Engineer of the Department of Public Works, County Building, Hilo, Hawaii, at any time during business hours prior to and including the date of hearing. BY ORDER OF THE BOARD OF SUPERVISORS OF THE COUNTY OF HAWAII MARGARET M. KAAUA COUNTY CLERK, COUNTY OF HAWAII DATE: HILO,HAWAII October 21, 1964 BY AUTHORITY TO ALL OWNERS, LESSEES AND OCCUPANTS OF LAND TO BE ASSESSED AND TO ALL OTHERS INTERESTED IN LANDS ABUTTING ON OR AFFECTED BY THE IMPROVEMENT OF IMPROVEMENT DISTRICT NO. 1 WAIOHINU KAU, HAWAII BY SPECIAL ASSESSMENTS A PUBLIC HEARING will be held on November 18, 1964, before the Board of Supervisors of the County of Hawaii, at the Boar& room at 9:30 A.M., or as soon thereafter as those Interested may be heard to consider the matter of assessment, as shown in detail in the notice to the left hereof, and the Board will sit as a Board of Equalization to receive complaints or objections respecting the amounts of the proposed assessments. MARGARET M. KAAUA County Clerk of the County of Hawaii (336—Hawaii Tribune-Herald: Nov. 2, 5, 10, 13, 1964) • AFFIDAVIT OF PUBLICATION State of Hawaii ) SS: County of Hawaii ) MONTE MORROW being first duly sworn, deposes and says: 1. That he is the GENERAL MANAGER of HAWAII TRIBUNE HERALD a newspaper published in the City of Hilo State of Hawaii . 2. That the " PUBLIC NEARING ASSESSMENTS IMPROVEMENT DISTRICT ONE WAIOHINU KAU, HAWAII " of which a clipping from the newspaper as published is attached hereto , was published in said newspaper on the following date( s ) Nov. 2,5,10,13 1964 ( etc . ) . signature: Monte Morrow Subscribed and sworn to before me this 18th day of November , 1964 / Notary' Public , Third Circuit , State of Hawaii My commission expires 2/15/64 A F F I D A V I T of PUBLICATION BY POSTING STATE OF HAWAII ) ) ss COUNTY OF HAWAII) ARTHUR T. ISEMOTO being duly sworn deposes and says, that he is the Bureau Head, Plans and Surveys, Department of Public Works of the County of Hawaii, State of Hawaii; That the notices required pursuant to section 146-143, Revised Laws of Hawaii 1955, were duly posted approximately every two hundred and fifty feet along the highway or highways proposed to be opened or improved on November 6, 1964. Further the affiant sayeth not. Dated at Hilo, Hawaii, this 17 day of November, 1964. signature: Arthur T. Isemoto Subscribed and sworn to before me this 17th day of November, 1964. Signature: Jennie Yamada Notary Public, Third Judicial Circuit State of Hawaii My commission expires 2/28/65