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Home My WebLink AboutORD 1998-106 1996-1998 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 228 (DRAFT 3) ORDINANCE NO. 98 106 AN ORDINANCE AMENDING CHAPTER 21 OF THE HAWAII COUNTY CODE 1983 (1995 EDITION), AS AMENDED, RELATING TO SEWERS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 21, Article 3, Division 4, Section 21-28, of the Hawaii County Code 1983 (1995 Edition), as amended, is hereby amended to read as follows: "Section 21-28. Payment of costs; construction by the applicant or by the County. (a) If the applicant chooses to construct the extension, then the applicant shall bear the total cost of the construction. However, the applicant may receive for ten years after completion of the extension one-half of all moneys for sewer charges collected by the County from other properties connecting to the extension [. In addition,] provided the total of such reimbursement shall not exceed the cost incurred by the applicant to construct the extension. Plans to reimburse the applicant for construction of the sewer extension shall require the approval of the County Council by resolution. (b) If the applicant chooses for the County to construct the extension, the applicant shall elect to: (1) Pay the full cost for the extension and for ten years after completion of the extension receive all moneys for sewer charges collected by the County from other properties connecting to the extension. However, the total of such reimbursements shall not exceed the cost incurred to construct the extension. Plans to reimburse applicant for construction of sewer extensions shall require the approval of the County Council by resolution; or (2) Pay for one half of the cost for the extension with the other half of the cost being paid by the County. If the applicant chooses this method of payment the Chief Engineer or designee shall make an estimate of the cost of construction and submit it to the applicant. If the applicant then deposits with the County a sum equal to one-half of such cost, then the matter shall be referred to the Council for review, approval and appropriation of the County's share of the costs." SECTION 2. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material and underscoring need not be included. SECTION 3. Severability. 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 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL ME410%(UNTY OF HAWAII Hilo, Hawaii Date of Introduction : October 7, 1998 Date of 1st Reading : October 7, 1998 Date of 2nd Reading : October 21, 1998 Effective Date : October 28, 1998 R&ERENCC: Comm. 814 . 03 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo , Hawaii P. .1 C L' ROL, CALL VOTE Introduced By: Dominic Yagong (B/R) NOES -ABS EX Date Introduced: October 7, 1998 Arakaki X First Reading: October 7, 1998 Chung X Published: October 16 . 1998 Leithead-Todd X Ray X REMARKS: Reynolds X Santangelo X Smith X Tyler X Yagong X 7 1 1 0 Second Reading: October 21, 1998 ROLL CALL VOTE To Mayor: October 22, 1998 AYES NOES ABS EX Returned: October 28, 1998 Ara` " X Effective: October 28, 1998 Chung X Published: November 6, 1998 Leithead-Todd X Ray X REMARKS: Reynolds X Santangelo X Smith X Tyler X Yagong X 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. APPROVED AS TO FORM AND LEGALITY: iffra CORPORATION COUNSEL NTY OF HAWAII . 410Ir /.' Date OCT 2 6 1998 ' Approved/ ered this 2 day , COUNCIL CHAIRMAN of , 19 qy COUNTY CLERK { 228 (Draft 3 ) M OR, CO TY OF HAWAII Bill No.: Reference: C-814.03/PWPC-126 Ord.No.: 98 106 Bills 228 (Draft 3), 287 (Draft 2), 288 and 289 I hereby certify that the following Bills passed first reading at the meeting of the County Council on October 7, 1998, by vote as listed below: BILL 228 (Draft 3): Amends Chapter 21 of the Hawaii County Code 1983 (1995 Edition), as amended, relating to Sewers. AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Smith, Tyler, Yagong, and Chairman Arakaki - 7. NOES: Councilmember Santangelo - 1. ABSENT & EXCUSED: Councilmembers Chung - 1. BILL 287 (Draft 2) : Amends Chapter 22, Hawaii County Code 1983, relating to the prohibition of coasters, roller skates, roller blades, skateboards, and similar devices in the Downtown Hilo Commercial area; AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Smith, Tyler, Yagong, and Chairman Arakaki - 7. NOES: None. ABSENT & EXCUSED: Councilmembers Chung and Santangelo - 2. BILL 288: Amends Ordinance 98-50, as amended, relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 1998 to June 30, 1999,by increasing the following appropriation in the PUBLIC WORKS Opea/Mamalahoa Bridge Replacement Project from $141,000 to $156,000; funds for this $15,000 appropriation increase shall be provided from the General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources account. AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, Yagong, and Chairman Arakaki - 8. NOES: None. ABSENT & EXCUSED: Councilmember Chung - 1. Bill 289: Amends Ordinance 98-50, as amended, relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 1998 to June 30, 1999, by increasing the following appropriation in the PUBLIC WORKS Kaahakini Bridge Rehabilitation Project from $125,000 to $135,000; funds for this $10,000 appropriation increase shall be provided from the General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources account. AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, Yagong, and Chairman Arakaki - 8. NOES: None. ABSENT & EXCUSED: Councilmember Chung - 1. Copies of these Bills are available in the Office of the County Clerk for use and examination by the public. Donald Ikeda COUNTY CLERK (Hawaii Tribune Herald - October 16, 1998) (West Hawaii Today - October 16, 1998) Ma w 2111 I hereby os,*y Sl reading at the meeting of the county Councn on•� 7,1998,by vote as listed below: BILL 228(Draft 3):Amends Chapter 21 of the Hawaii County Code 1983(1995 Edition),as amended,relating to Sewers.AYES: Councilmembers Leithead- Todd,Ray,Reynolds,Smith,Tyler,Yagong,and Chairman Arakaki-7. NOES: Councilmember Santangelo - 1. ABSENT & EXCUSED: Councilmembers Chung-1. BILL 287(Draft 2): Amends Chaptk12,Hawaii County Code 1983,relating to the prohibition of coasters,roller skates,roller blades,skateboards,and sim- ilar devices in the Downtown Hilo Commercial area;AYES:Councilmembers Leithead-Todd,Ray,Reynolds,Smith,Tyler,Yagong,and Chairman Arakaki- 7. NOES: None. ABSENT & EXCUSED: Councilmembers Chung and Santangelo-2. BILL 288: Amends Ordinance 98-50, as amended, relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 1998 to June 30, 1999,by increasing the following appropriation in the PUBLIC WORKS Opea/Mamalahoa Bridge Replacement Project from$141,000 to$156,000; funds for this $15,000 appropriation increase shall be provided from the General Obligation Bonds,Capital Projects Fund-Fund Balance and/or Other Sources account. AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Santangelo,Smith,Tyler,Yagong,and Chairman Arakaki-8. NOES: None. ABSENT&EXCUSED: Councilmember Chung-1. BILL 289: Amends Ordinance 98-50, as amended, relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 1998 to June 30, 1999, by increasing the following appropriation in the PUBLIC WORKS Kaahakini Bridge Rehabilitation Project from$125,000 to$135,000;funds for this $10,000 appropriation increase shall be provided from the General Obligation Bonds,Capital Projects Fund-Fund Balance and/or Other Sources account.AYES: Councilmembers Leithead-Todd,Ray,Reynolds,Santangelo, Smith,Tyler,Yagong,and Chairman Arakaki-8. NOES: None. ABSENT& EXCUSED:Councilmember Chung-1. Copies of these Bills are available in the Office of the County Clerk for use and examination by the public. Donald Ikeda COUNTY CLERK (No.9397 Wolklawaii Today:October 16,1998) Ordinances 98-106 through 98-108 I hereby certify that the following Ordinances passed second and final reading at the meeting of the County Council on October 21, 1998, by vote as listed below: ORDINANCE 98-106 (Bill 228, Draft 3): An Ordinance amending Chapter 21 of the Hawaii County Code 1983 (1995 Edition), as amended, relating to sewers. AYES: Councilmembers Chung, Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, Yagong and Chairman Arakaki - 9. NOES: None. ORDINANCE 98-107 (Bill 288): An Ordinance amending Ordinance No. 98-50, as amended, relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 1998 to June 30, 1999. AYES: Councilmembers Chung, Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, Yagong and Chairman Arakaki - 9. NOES: None. ORDINANCE 98-108 (Bill 289): An Ordinance amending Ordinance No. 98-50, as amended, relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 1998 to June 30, 1999. AYES: Councilmembers Chung, Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, Yagong and Chairman Arakaki - 9. NOES: None. Copies of these Ordinances are available in the Office of the County Clerk for use and examination by the public. �) Donald Ikeda COUNTY CLERK (Hawaii Tribune Herald -November 6, 1998) (West Hawaii Today -November 6, 1998) AFFIDAVIT OF PUBLICATION State of Hawaii i SS: County of Hawaii ► LEILANI K. R. HIGAKI , being first duly sworn, deposes and says: 1. That she is the BUSINESS MANAGER of HAWAII TRIBUNE-HERALD, LTD. a newspaper published in the City of HILO State of Hawaii. 2. That the " Bills 228 (Draft 3) , 287 (Draft 2) , 288 and 289, etc., of which a clipping from the newspaper as published is attached hereto, was published in said newspaper on the following date(s) October 16, , 19 98 (etc.). #108955 4fa, L Subscribed and sworn to before me this 26th day of October 98 , 19 SHARON H. P. OGATA Notary Public, Third Circuit, State of Hawaii My commission expires IPH Sib 111.1st!LIN pelt w mein.I toole:Or ftrst M� Council on t,MS,by villa n Mind below: BILL 228(Draft 3):Amends Chapter 21 of the Hawaii County Code 1983 (1995 Edition), as amended, relating to Sewers. AYES: Councilmembers Leithead-Todd, Ray, Reynolds,Smith,Tyler,Yagong,and Chairman Arakaki — 7. NOES: Councilmember Santangelo — 1. ABSENT & EXCUSED: Councilmembers Chung—1. BILL 287(Draft 2): Amends Chapter 22,Hawaii County Code 1983,relating to the prohibition of coasters, roller skates, roller blades, skate- boards,and similar devices in the Downtown Hilo Commercial area;AYES:Councilmembers Lekhead-Todd, Ray, Reynolds, Smith Tyler, Yagong, and Chairman Arakaki — 7. NOES: None.ABSENT&EXCUSED:Counclimembers Chung and Santangelo—2. BILL 288: Amends Ordinance 98.50, as amended,relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 1998 tO June 30,1999,by increasing the follow- ing appropriation In the PUBLIC WORKS Opea/Memalahoa Bridge Replacement Project from $141,000 to 3156,000; funds for this $15,000.appropriation increase shall be pro- vided from the General Obligation Bonds, Capital Projects Fund—Balance and/or Other Sources account. AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Santangelo, Smith,Tyler,Yagong,and Chairman Arakakl— 8. NOES: None. ABSENT & EXCUSED: Councilmember Chung—1. Bill 289: Amends Ordinance 98-50, as amended,relating to Public Improvements and Financing Thereof for the Fiscal year July 1, 1998 to June 30,1999,by increasing the follow- ing appropriation In the PUBLIC WORKS Kaahakinl Bridge Rehabilitation Project from $125,000 to 3135,000 funds for this$10,000 appropriation Increase shall be provided from the General Obligation Bonds,Capital Projects Fund—Fund Balance and/or Other Sources account. AYES: Councilmembers Leithead- Todd,Ray,Reynolds,Santangelo,Smith,Tyler, Yagong, and Chairman Arakaki— 8. NOES: None.ABSENT&EXCUSED:Councilmember Chung—1. Copies of these Bilis are available in the Office of the County Clerk for use and examination by the public. Donald Ikeda COUNTY CLERK (108955—Hawaii Tribune-Moak October 18, AFFIDAVIT OF PUBLICATION State of Hawaii ) ) SS: County of Hawaii ) Lorelei Logan ,being first duly sworn, deposes and says: 1. That she is the Advertising Administrative Assistant of WEST HAWAII TODAY a newspaper published in the City of KAILUA-KONA , State of Hawaii. 2. That the " Ordinances 98-106 through 98-108 I hereby certify that the following Ordinances passed second and final reading of which a clipping from the newspaper as published is attached hereto, was published in said newspaper on the following date(s) Nov. 6 , 19 98 tc.) Subscribed and sworn to before me this 11th day of Nov. , 19 98 Notary Public, Third Circuit, State of Hawaii Lana L. Taira My Commission expires Aug• 4, 2001 Ordinances 96109 tlkough 96106 I hereby certify that the following Ordinances passed second and final read_ ing at the meeting of the County Council on October 21.1996,by vote as list- ed below: ORDINANCE 98-106(Bill 228,Draft 3):An Ordinance amending Chapter 21 of the Hawaii County Code 1983(1995 Edition),as amended,relating to sewers. AYES:Councilmembers Chung,Leithead-Todd, Ray,Reynolds,Santangelo, Smith,Tyler,Yagong and Chairman Arakaki-9.NOES:None. ORDINANCE 98-107(Bill 288):An Ordinance amending Ordinance No.98-50, as amended,relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 1998 to June 30, 1999.AYES:Councilmembers Chung, Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, Yagong and Chairman Arakaki-9.NOES:None. ORDINANCE 98-108(Bill 289):An Ordinance amending Ordinance No.98-50, as amended,relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 1998 to June 30, 1999.AYES:Councilmembers Chung, Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, Yagong and Chairman Arakaki-9.NOES:None. Copies of these Ordinances are available in the Office of the County Clerk for use and examination by the public. Donald Ikeda COUNTY CLERK (No.9450-West Hawaii Today:November 6,1998) I AFFIDAVIT OF PUBLICATION State of Hawaii ) SS: County of Hawaii ) Lorelei Logan , being first duly sworn, deposes and says: 1. That she is the _Advertising Administrative Assistant of WEST HAWAII TODAY a newspaper published in the City of KAILUA-KONA , State of Hawaii. 2. That the " Bills 228 (Draft 3) , 287 (Draft 2) , 288 and 289 I hereby certify that the following Bills passed first reading ", of which a clipping from the newspaper as published is attached hereto, was published in said newspaper on the following date(s) Oct. 1 6 , 19 9 8 (etc.) j Ci Subscribed and sworn to before me this 1 9th day of Jan. , 19 99 . L f Notary Public, Third Circuit, State of Hawaii Lana L. Taira My Commission expires Aug. 4, 2001 taws i uV Arl t 9�t or Mt I hereby certify Me IMO MM�C 1j)rat rMrkg et the meeting of life County Counoll an 0011Wtili►7;1111111,itfr rim dle M ed bes+w: BILL 228(Draft 3):Amends Chapter 21 of the Hawaii County Code 1983(1995 Edition),as amended,relating to Sewers.AYES: Councilmembers Leithead- Todd,Ray,Reynolds,Smith,Tyler,•Yagong,and Chairman Arakaki-7. NOES: Councilmember Santangelo -,1. ABSENT & EXCUSED: Councilmembers Chung-1. BILL 287(Draft 2): Amends Chapter 22,Hawaii County Code 1983,relating to the prohibition of coasters,roller skates,roller blades,skateboards,and sim- ilar devices in the Downtown Hilo Commercial area;AYES:Councilmembers Leithead-Todd,Ray,Reynolds,Smith,Tyler,`Ygong,and Chairman Arakaki- 7. NOES: None. ABSENT & EXCUSED: Councilmembers Chung and Santangelo-2. � BILL 288: Amends Ordinance 98-50, as amended, relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 1998 to June 30, 1999,by increasing the following appropriation in the PUBLIC WORKS Opea/Mamalahoa Bridge Replacement Project from$141,000 to$156,000; funds for this $15,000 appropriation increase shall be provided from the General Obligation Bonds,Capital Projects Fund-Fund Balance and/or Other Sources account. AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Santangelo,Smith,Tyler,Yagong,and Chairman Arakaki-8. NOES: None. ABSENT&EXCUSED: Councilmember Chung-1. BILL 289: Amends Ordinance 98-50, as amended, relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 1998 to June 30, 1999,by increasing the following appropriation in the PUBLIC WORKS Kaahakini Bridge Rehabilitation Project from$125,000 to$135,000;funds for this $10,000 appropriation increase shall be provided from the General Obligation Bonds,Capital Projects fund-Fund Balance and/or Other Sources account.AYES: Councilmembers Leithead-Todd,Ray,Reynolds,Santangelo, Smith,Tyler,Yagong,and Chairman Arakald-8. NOES: None. ABSENT& EXCUSED:Councilmember Chung-1. Copies of these Bills are available in the Office of the County Clerk for use and examination by the public. Donald Ladd MOM t EAK (No.9W West Howe Teats addrout*NNW) •