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Home My WebLink AboutBIL 137 Draft 02 2012-2014 .'J�tY,OF N,. COUNTY OF HAWAII +(4? _'__�.*j STATE OF HAWAII •,• '\OF NP BILL NO. 137 (DRAFT 2) ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 12,ARTICLE 2, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE PROCEEDINGS FOR THE FORMATION OF IMPROVEMENT DISTRICTS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this ordinance is to amend certain provisions of Chapter 12, Article 2, of the Hawai`i County Code 1983 (2005 Edition, as amended),pertaining to the proceedings for the formation of improvement districts. SECTION 2. Chapter 12, article 2, section 12-17 of the Hawai`i County Code 1983 (2005 Edition, as amended) is amended to read: "Section 12-17. Determination by council. After the hearing provided in section 12-10, the council shall consider any protests, objections or suggestions which may have been made or filed and whether sufficient valid protests have been filed to compel it to abandon any part or all of the proposed improvement. If the council still has jurisdiction to continue it shall then proceed, determining whether or not the proposed improvement shall be made as proposed, or made with modifications[..-] or with changes in the estimated costs of the improvements set forth in the resolution adopted pursuant to section 12-10(c). In the latter event modifications or changes[, not substantially reducing the frontage or area to the unit cost per front foot or square foot] may be made without again giving notice of a hearing as provided in section 12-10[-]; provided that [Such] such modifications or changes shall not materially alter the general character or plan so advertised[.-] or increase the total estimated costs of the improvements by more than ten percent. No modification of or change in the plans and estimates furnished by the [department of water supply] responsible department or cooperating department shall be made without the consent of [the department of water supply.] such department." SECTION 3. Chapter 12, article 2, section 12-19 of the Hawai`i County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Section 12-19. Responsible director or manager to prepare map showing improvements, details, plans and specifications. The council shall, by resolution required by section 12-18 direct the responsible director or manager to prepare a corrected map of the highways to be improved, showing the abutting lands or, of the improvement district showing the highways therein to be improved, or the special improvements to be constructed or improved, and showing the exact location of the improvements, together with final details, plans and specifications for the work, all in such form as will readily permit and encourage genuine competition between contractors in so far as the materials specified will permit of such competition. These maps, final details, plans, and specifications, as approved in accordance with the applicable policies and procedures of the responsible department or as otherwise approved by resolution [ '- . . .. . : . -:] adopted by the council, shall be used as the basis for the calling of bids and awarding of a contract for the work as provided in this chapter." SECTION 4. Chapter 12, article 2, section 12-20 of the Hawai`i County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Section 12-20. Plans and specifications from cooperating department. (a) If the proposed improvement district includes the construction and installation of improvements to be undertaken or supervised by a cooperating department, the council shall by resolution required by section 12-18 request the cooperating department to furnish final detail plans and specifications for such improvements. The resolution shall also direct the responsible director or manager to furnish the cooperating department with such copies of the final surveys, maps and plans covering the proposed improvements, other than those of the cooperating department, as may be necessary to enable the cooperating department to prepare the final plans and specifications for its improvements. (b) The cooperating department shall furnish such final plans and specifications when requested, provided that the cooperating department may refuse to furnish such plans and specifications where funds for the amount the County is obliged to pay towards the contract price have not been included in the budget of the County for such year. The final plans and specifications so furnished by the cooperating department, as approved in accordance with the applicable policies and procedures of the coordinating department or as otherwise approved by resolution adopted by the council, [shall be incorporated in the resolution adopted by the council and] shall be used as the basis for the calling of bids and awarding of a contract for such work." 2 SECTION 5. Chapter 12, article 2, section 12-28 of the Hawai`i County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Section 12-28. Combination hearings; applicable proceedings. (a) The council may combine the hearings provided for in sections 12-10 and 12-27. If it does so, such determination shall be made in the resolution proposing to make the improvement or improvements, and the following provisions shall then be applicable to the proceedings: (1) The resolution need not specify the maximum estimated amount to be assessed on the unit of assessment nor fix the date of public hearing upon the proposed improvement, but shall direct the preparation by the responsible director or manager of the documents and data to be prepared by such person as provided in sections 12-18 and 12-19 and in section 12- 27 and if applicable shall include the request and direction provided in section 12-20. After the combined hearings, if the council determines to proceed with the improvements, the resolution specified in section 12-20 need not again direct preparation by the responsible director or manager of the documents and data as provided in sections 12-18 and 12-19. The clerk shall not cause the notices to be given as provided in section 12-10 until the documents and data have been so prepared by the responsible director or manager, and if applicable, by each cooperating department, and preliminarily approved by the council, at which time the council shall by resolution requiring not more than one reading for its adoption fix the date of combined hearings[.-]; provided that the map, details and plans and specifications specified in sections 12-19 and 12-20 shall be deemed to satisfy this requirement if such documents are determined by the responsible director or manager to be in such form and contain such information as is reasonably necessary to inform the owners and other interested parties at least generally of the nature and scope of the proposed special improvements. (2) The matters to be contained in the notices provided for in sections 12-10 and 12-27 shall be combined into single notices to be so published, posted and mailed; for the purpose thereof the total amount of the cost of the improvement shall be based on the estimated cost of the work to be included in bids when received, not upon the bid of the lowest responsible and reliable bidder as specified in section 12-27. (3) The council may request the responsible director or manager,to call for bids on all improvements to be constructed under contract to be received on or before the date of the combined hearings pursuant to the provisions of[sections 12 23, 12 21 and 12 25.] section 12-24. (4) The responsible director or manager shall prepare an amended preliminary assessment roll based on any revisions in the estimate of the responsible director or manager or on the results of the bids received for improvements as the case may be and shall send said amended assessment roll to the council on or before the public hearing. 3 (A) If the amended preliminary assessment roll shows a proposed amount of assessment for any of the assessment units to be assessed which is more than that shown on the preliminary assessment roll, then, unless the affected owner shall waive the same, the council shall postpone the public hearing and readvertise and mail an amended notice of hearing containing the amended preliminary assessment roll. Said readvertisement and mailing shall be done under the provisions of sections 12-27(c) and (d). Said postponed public hearing shall be conducted in the same manner as provided in section 12-27(e). (B) If the amended preliminary assessment roll shows a proposed amount of assessment for each of the assessment units to be assessed which is the same or less than the preliminary assessment roll, the public hearing shall be held as scheduled and the amended preliminary assessment roll shall be considered at said public hearing." SECTION 6. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material and underscoring need not be included. SECTION 7. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall 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 declared to be severable. SECTION 8. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm., 452.2 4