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Home My WebLink AboutORD 1998-119 1996-1998 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 3 0 2 ORDINANCE NO. 98 119 AN ORDINANCE FOR TERMINATION OF IMPROVEMENT DISTRICT NO. 16 AND CANCELLATION OF ASSESSMENT INSTALLMENTS AND RELATING TO REFUNDS FOR COUNTY OF HAWAII IMPROVEMENT DISTRICT NO. 16 (KEAAU AGRICULTURAL LOTS). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Cancellation of Installments 152 through 240. Installments 152 through 240 of Improvement District 16, Keaau Agricultural Lots, are hereby cancelled. SECTION 2. Cash Refunds for Installments 152 through 240. The Director of Finance shall make refunds of the total cash paid on prepaid installments 152 through 240 to the persons who are the owners of the assessed lots at the time of actual refund. SECTION 3. Other Cash Refunds. The Director of Finance is authorized to distribute any cash remaining in the accounts of the improvement district after the refunds authorized in Section 2 above, to the owners at the time of actual refund, a pro rata refund equal to the amount necessary to ensure that each lot has paid the same proportionate share of the original assessment; provided, that the Director of Finance may, in determining the amount of such distribution, reduce said amount to such amount as will facilitate the more efficient and expeditious payment of such distribution; and provided, further, that the Director of Finance may reserve such amounts as he deems necessary to cover any outstanding or anticipated debts or obligations of the improvement district, including the costs and expenses of making said distribution of funds to lot owners; the Director of Finance shall make such cash refunds in such amounts and at such times as he finds are reasonable. SECTION 4. Termination of Improvement District. The Improvement District Construction Fund, Fund 124, is hereby immediately terminated, and all cash remaining in the fund shall be transferred to the Improvement District Agency Fund, Fund 121, to facilitate the refunds authorized in Sections 2 and 3. Fund 121, Improvement District No. 16, Keaau Agricultural Lots Agency Fund, shall be terminated at such time as the Director of Finance has determined that all outstanding or anticipated debts or obligations of the improvement district have been paid or can be satisfied, and refund distributions pursuant to Sections 2 and 3 have been made. SECTION 5. In the event that any provision of this ordinance is declared invalid, the invalidity shall not affect other provisions or applications of this ordinance. SECTION 6. This ordinance shall take effect upon its approval. I f duced by: • COUNCIL MEMBER, C•' TY OF HAWAII Hilo, Hawaii Date of Introduction: October 21, 1998 Date of 15t Reading: October 21, 1998 Date of 2nd Reading: November 6, 1998 Effective Date: November 19, 1998 REFERENCE: Comm, 9 9 6 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo , Hawaii Z Date.___._ County Council ROLL CALL VOTE Introduced By: Aaron S.Y. Chung AYES NOES ABS EX Date Introduced: October 21, 1998 Arakaki X _ First Reading: October 21, 1998 Chung X Published: October 30, 1998 Leithead-Todd X Ray X REMARKS: Reynolds X Santangelo X Smith X Tyler X Yagong X 9 0 0 0 Second Reading: November 6. 1998 ROLL CALL VOTE To Mayor: November 12, 199 8 AYES NOES ABS EX Returned: November 23, 1998 Arakaki X Effective: November 19, 1998 Chung X Published: December 4 , 1998 Leithead-Todd X Ray X REMARKS: Reynolds X Santangelo X Smith X Tyler X Yagong X 8 0 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. APPROVED AS TO F A D LEG DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII /i!�� Date /047'fit''` Approved/ this I? day COUNCIL CHAIRMAN of IQ W-44.1 , 19 qtr . COUNTY CLERK YOR, COUN OF HAWAII Bill No.: 302 Reference: C-996/FC-289 Ord.No.: 98 119 Bills 285, 293, 295, 296 (Draft 2), 297, 298, 302, 303, 304 and 307 I hereby certify that the following Bills passed first reading at the meeting of the County Council on October 21, 1998, by vote as listed below: Bill 285: An ordinance to amend Ordinance 98-49, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 1999; appropriates revenues of$97,177 out and from the Federal Grants - PA Local Law account; and appropriates to the following Local Law accounts: Computer Equipment ($67,500) and Miscellaneous Equipment($29,677).AYES: Councilmembers Chung, Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, Yagong and Chairman Arakaki - 9. NOES: None. Bill 293 (Draft 2): An ordinance amending Ordinance No. 90-85, which reclassified the district classification from Village Commercial (CV-7.5), Multiple Family Residential (RM-1), and Agricultural (A-1 a) to General Commercial (CG-20) at Keopu 1st,North Kona, Hawaii, covered by Tax Map Key 7-5-04:6 and 13 (Wham, Inc., applicant- Area= 11, 591 sq. ft.; 57,922 sq. ft.; 46,464 sq. ft. and 22, 995 sq. ft.). AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, Yagong and Chairman Arakaki - 8. NOES: None. ABSENT & EXCUSED: Councilmember Chung- 1. Bill 295: An ordinance to amend Ordinance 98-49, as amended, the Operating Budget for the County of Hawaii for the Fiscal year ending June 30, 1999; appropriates revenues of$150,000 in the Federal Grants - Special Operations Grant account, and appropriates same to the Special Operations account. AYES: Councilmembers Chung, Leithead-Todd, Ray, Reynolds, Santangelo, Tyler, Yagong and Chairman Arakaki - 8. NOES: None. ABSENT & EXCUSED: Councilmember Smith- 1. Bill 296 (Draft 2): An ordinance amending Ordinance 98-50, as amended, relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 1998 to June 30, 1999; adds the following project: PUBLIC WORKS: Saddle Road/Kaumana Drive Curve Improvement($500,000), Puna Emergency Access Road ($250,000; funds shall be provided from the General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources ($750,000) account. AYES: Councilmembers Chung, Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, Yagong and Chairman Arakaki - 9. NOES: None. Bill 297: An ordinance amending Ordinance 98-50, as amended, relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 1998 to June 30, 1999; adds the following projects: PUBLIC WORKS: Alii Drive Interceptor Sewer E&F - SRF ($63,103.53); Holualoa Bay Sewage Pump Station- SRF ($404,174.94); Disappearing Sands Sewage Pump Station - SRF ($2,000,000.00); Alii Drive Interceptor Sewer C&D - SRF ($24,117.00); funds for these projects shall be provided from the Fund Balance - SRF ($2,491,395.47) account. AYES: Councilmembers Chung, Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, Yagong and Chairman Arakaki - 9. NOES: None. Bill 298: An ordinance to amend Ordinance 98-49, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 1999; appropriates revenues of$57,000 to the Federal Grants - Child Care Development account, and appropriates same to the Child Care Development account.) AYES: Councilmembers Chung, Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, Yagong and Chairman Arakaki - 9. NOES: None. Bill 302: An ordinance for termination of Improvement District No. 16 and cancellation of assessment installments and relating to refunds for County of Hawaii Improvement District No. 16 (Keaau Agricultural Lots). AYES: Councilmembers Chung, Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, Yagong and Chairman Arakaki - 9. NOES: None. Bill 303: An ordinance to amend Ordinance 98-49, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 1999; increases revenues of$85,000 in the Federal Funds - Coordinated Services account; and appropriates to the following CSE accounts: Telephone($5,000), Computer & Office Supplies ($868), Motor Vehicle ($70,000), Computer Equipment($9,132), Program Income Equipment Repairs ($-500), Program Income Motor Vehicle Parts ($-2,000), Program Income Computer Equipment($-3,500), Program Income Miscellaneous Equipment($-4,000), Program Income Telephone ($4,000), and Program Income Motor Vehicle ($6,000). AYES: Councilmembers Chung, Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, Yagong and Chairman Arakaki - 9. NOES: None. Bill 304: An ordinance to amend Ordinance 98-49, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 1999; increases revenues of$49,438 in the Federal Grants, Bicycle Education Program account; and appropriates to the Bike Education Program account. AYES: Councilmembers Chung, Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, Yagong and Chairman Arakaki - 9. NOES: None. Bill 307: An ordinance to amend Ordinance 98-49, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 1999; appropriates revenues of$43,713 in the Federal Grants - Violence Against Women account; and appropriates to the following Violence Against Women accounts: Regular Salaries and Wages ($43,692) and Miscellaneous Salaries and Wages ($21). AYES: Councilmembers Chung, Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, Yagong and Chairman Arakaki - 9. NOES: None. 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 30, 1998) (West Hawaii Today- October 30, 1998) Ordinance 98-110 through 98-122 I hereby certify that the following Ordinances passed second and final reading at the meeting of the County Council on November 6, 1998, by vote as listed below: ORDINANCE 98-110 (Bill 285): Amends Ordinance 98-49, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 1999. AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, Yagong and Chairman Arakaki - 8. NOES: None. ABSENT & EXCUSED: Councilmember Chung - 1. ORDINANCE 98-111 (Bill 290): Amends the State Land Use Boundaries Map, H-25 for the County of Hawaii, by changing the district classification from the Agricultural to the Rural District at Ouli, South Kohala, Hawaii, covered by Tax Map Key 6-2-11:22. AYES: Councilmembers Leithead-Todd, Ray, Santangelo, Smith, Tyler, and Chairman Arakaki - 6. NOES: None. ABSENT & EXCUSED: Councilmember Chung, Reynolds and Yagong .- 3. ORDINANCE 98-112 (Bill 291, Draft 2): Amends Section 25-8-7 (North and South Kohala Districts Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, by changing the district classification from Agricultural (A-5a) to Residential and Agricultural (RA-2a) at Ouli, South Kohala, Hawaii, covered by Tax Map Key 6-2-11:22. AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, and Chairman Arakaki - 7. NOES: None. ABSENT & EXCUSED: Councilmember Chung, and Yagong .- 2. ORDINANCE 98-113 (Bill 293, Draft 2): Amends Ordinance No. 90-85, which reclassified the district classification from Village Commercial (CV-7.5), Multiple Family Residential (RM-1), and Agricultural (A-1 a) to General Commercial (CG-20) at Keopu 1st, North Kona, Hawaii, covered by Tax Map Key 7-5-04:6 and 13. AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, and Chairman Arakaki - 7. NOES: None. ABSENT & EXCUSED: Councilmember Chung, and Yagong .- 2. ORDINANCE 98-114 (Bill 294, Draft 2): Amends Ordinance No. 90-139, which reclassified the district classification from Agricultural (A-20a) to Agricultural (A-3a) at Kahua,North Kohala, Hawaii, covered by Tax Map Key 5-9-08:5. AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Smith, Tyler, and Chairman Arakaki - 6. NOES: None. ABSENT & EXCUSED: Councilmember Chung, Santangelo and Yagong .- 3. anlYnao-111.110 through 9/-122 ing m Public kmipmemerds and Fop ta�wM Oar the Bead Year July 1, I hereby cm*list um fallowing-Ontinences lased Mood and Inn read- 1911 ID June 30, 1999. AYES: IaI idd, Ray, ing at the meeting of the County-Council on November 8,1998,by vote as list- RQlstolde, .Smith,Tyler,and C Amkaid-7. NOES:None. ed below: ABSENT&EXCUSED:Councilmember Chung,and Yagong.-2. ORDINANCE 98-110(Bill 285): Amends Ordinance 98-49,as amended,the ORDINANCE 98-117(Bill 298): Amends Ordinance 98-49,as amended,the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 1999.AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Santangelo, 1999.AYES: Councilmembers Lefthead-Todd, Ray, Reynolds, Santangelo, Smith,Tyler,Yagong and Chairman Arakaki-8. NOES: None. ABSENT& Smith, Tyler, and Chairman Arakaki - 7. NOES: None. ABSENT & EXCUSED: Councilmember Chung-1. EXCUSED: Councilmember Chung,and Yagong.-2. ORDINANCE 98-111(Bill 290): Amends the State Land Use Boundaries Map ORDINANCE 98-118(Bill 301): Amends Chapter 24,of the Hawaii County H-25 for the County of Hawaii,by changing the district classification from the Code 1983 (1995 Edition), relating to Vehicles and Traffic. AYES: Agricultural to the Rural District at Out,South Kohala,Hawaii,covered by Tax Councilmembers Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, Map Key 8-2-11:22.AYES: Councilmembers Leithead-Todd,Ray,Santangelo, Yagong and Chairman Arakaki-8. NOES: None.ABSENT&EXCUSED: Smith,Tyler,and Chairman Arakaki-6.NOES: None.ABSENT&EXCUSED: Councilmember Chung-1. Councilmember Chung,Reynolds and Yagong.-3. ORDINANCE 98-119(8111302): An Ordinance for termination of Improvement ORDINANCE 98-112(Bill 291,Draft 2): Amends Section 25-8-7(North and District No. 16 and cancellation of assessment instalknents and relating to South Kohala Districts Zone Map),Article 8,Chapter 25(Zoning Code)of the refunds for County of Hawaii Improvement District No.16(Keaau Agdcuftund Hawaii County Code,by changing the district classification from Agricultural Lots).AYES: Councilmembers Leithead-Todd, Ray,Reynolds,,Santangelo, (A-5a)to Residential and Agricultural(RA-2a)at Ouli,South Kohala,Hawaii, Smith,Tyler,Yagong and Chairman Arakaki-8. NOES: None. ABSENT& covered by Tax Map Key 6-2-11:22.AYES: Councilmembers Leithead-Todd, EXCUSED: Councilmember Chung-1. Ray,Reynolds,Santangelo,Smith,Tyler,and Chairman Arakaki-7. NOES: ORDINANCE 98-120(Bill 303): Amends Ordinance 98-49,as amended,the None:ABSENT&EXCUSED: Councilmember Chung,and Yagong.-2. Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, ORDINANCE 98-113(Bill 293,Draft 2): Amends Ordinance No.90-85,which 1999.AYES: Councilmembers Leithead-Todd, Ray, Reynolds,Santangelo, reclassified the district classification from Village Commercial (CV-7.5), Smith,Tyler,Yagong and Chairman Arakaki-8. NOES: None. ASSENT& Multiple Family Residential (RM1), and Agricultural (A-1a) to General EXCUSED: Councilmember Chung-1. Commercial(CG-20)at Keopu 1st,North Kona,Hawaii,covered by Tax Map ORDINANCE 98-121(Bill 304): Amends Ordinance 98-49,as amended,the Key 7-5-04:6 and 13.AYES: Councilmembers Leithead-Todd,Ray,Reynolds, Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, Santangelo,Smith,Tyler,and Chairman Arakaki-7.NOES: None.ABSENT 1999.AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Santangelo, &EXCUSED: Councilmember Chung,and Yagong.-2. Smith,Tyler,Yagong and Chairman Arakaki-8. NOES: None. ABSENT& ORDINANCE 98-114(Bill 294,Draft 2):Amends Ordinance No.90-139,which EXCUSED: Councilmember Chung-1. reclassified the district classification from Agricultural(A-20a)to Agricultural ORDINANCE 98-122(Bill 307): Amends Ordinance 98-49,as amended,the (A-3a)at Kahua, North Kohala,Hawaii,covered by Tax Map Key 5-9-08:5. Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Smith, Tyler, and 1999. AYES: Councilmembers Leithead-Todd;Ray,Reynolds,Santangelo, Chairman Arakaki-6.NOES:None.ABSENT&EXCUSED: Councilmember Smith,Tyler,Yagong and Chairman Arakaki-8. NOES: None. ABSENT& Chung,Santangelo and Yagong.-3. EXCUSED: Councilmember Chung-1. ORDINANCE 98-115(Bill 295): Amends Ordinance 98-49,as amended,the Copies of these Ordinances are available in the Office of the County Clerk for Operating Budget for the County of Hawaii for the Fiscal year ending June 30, use and examination by the public. 1999.AYES: Councilmembers Leithead-Todd, Ray, Reynolds,Smith,Tyler, and Chairmen Arakaki - 6. NOES: None. ABSENT & EXCUSED: Ipab and nOceO. 3. Donald Ikeda _ COUNTY ORDINAN 91.11$(61112$1):Amends Ordinance 91-50,as amended,Mat- No.9491-West Hawaii Tenet':Deeendawdt cx CLERK -4 • ORDINANCE 98-115 (Bill 295): Amends Ordinance 98-49, as amended, the Operating Budget for the County of Hawaii for the Fiscal year ending June 30, 1999. AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Smith, Tyler, and Chairman Arakaki - 6. NOES: None. ABSENT & EXCUSED: Councilmember Chung, Santangelo and Yagong .- 3. ORDINANCE 98-116 (Bill 297): Amends Ordinance 98-50, as amended, relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 1998 to June 30, 1999. AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, and Chairman Arakaki - 7. NOES: None. ABSENT & EXCUSED: Councilmember Chung, and Yagong .- 2. ORDINANCE 98-117 (Bill 298): Amends Ordinance 98-49, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 1999. AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, and Chairman Arakaki - 7. NOES: None. ABSENT & EXCUSED: Councilmember Chung, and Yagong .- 2. ORDINANCE 98-118 (Bill 301): Amends Chapter 24, of the Hawaii County Code 1983 (1995 Edition), relating to Vehicles and Traffic. AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, Yagong and Chairman Arakaki - 8. NOES: None. ABSENT & EXCUSED: Councilmember Chung - 1. ORDINANCE 98-119 (Bill 302): An Ordinance for termination of Improvement District No. 16 and cancellation of assessment installments and relating to refunds for County of Hawaii Improvement District No. 16 (Keaau Agricultural Lots). AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, Yagong and Chairman Arakaki - 8. NOES: None. ABSENT & EXCUSED: Councilmember Chung - 1. ORDINANCE 98-120 (Bill 303): Amends Ordinance 98-49, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 1999. AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, Yagong and Chairman Arakaki - 8. NOES: None. ABSENT & EXCUSED: Councilmember Chung - 1. ORDINANCE 98-121 (Bill 304): Amends Ordinance 98-49, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 1999. AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, Yagong and Chairman Arakaki - 8. NOES: None. ABSENT & EXCUSED: Councilmember Chung - 1. ORDINANCE 98-122 (Bill 307): Amends Ordinance 98-49, as amended, the Operating Budget for the County of Hawaii for the Fiscal Year ending June 30, 1999. AYES: Councilmembers Leithead-Todd, Ray, Reynolds, Santangelo, Smith, Tyler, Yagong and Chairman Arakaki - 8. NOES: None. ABSENT & EXCUSED: Councilmember Chung - 1. 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- December 4, 1998) (West Hawaii Today - December 4, 1998)