HomeMy WebLinkAboutCOM 0181.000 1998-2000 Petition For Proration Of Original
Assessment On Lot 7D Among Lots Resulting
From The Subdivision Of Said Lot, Located Within , ~
Improvement District No. 17, Kaloko Subdivision,
Kaloko, North Kona, Hawaii
County Council Of The County Of Hawaii
25 Aupuni Street _
Hilo, Hawaii 96720
Petitioner TSA INTERNATIONAL, LIMITED, a Hawaii corporation ('TSA"), being
the owner of all the lots resulting from the subdivision of Lot 7D, located within
Improvement District No. 17, Kaloko subdivision, Kaloko, North Kona, Hawaii, hereby
petition the County Council of the County of Hawaii, pursuant to S12-30, Hawaii County
Code, to prorate the original assessment on Lot 7D among the lots resulting from the
subdivision thereof by an appropriate amendment to the ordinance declaring the
assessment, and in support thereof show the following:
1. Ordinance No. 91-55, effective June 21, 1991, confirmed and adopted the
Final Assessment Roll which declared and established the original assessment on
each of the lots within Improvement District No. 17.
2. The original assessment on Lot 7D was declared to be $2,230,200.
3. On February 11, 1993, final approval was granted by the County of Hawaii for
subdivision No. 6244, which Subdivided Lot 7D into two lots, designated as Lots 7-D-1
and 7-D-2.
4. On July 20, 1993, final approval was granted by the County of Hawaii for
Subdivision No. 93-42, which subdivided Lot 7-D-1 into five lots, designated as Lots A
through E, and subdivided Lot 7-D-2 into two lots, designated Lots F and G.
5. Lots D, E and G were developed in connection with Subdivision No. 93-42 for
public roadway purposes and will be dedicated to the County of Hawaii by TSA.
6. By instrument dated August 6, 1993, recorded at the Bureau of Conveyances
as Document No. 93-128149, TSA conveyed Lot A to Costco.
7. TSA is the owner of Lots B through G.
8. TSA will deposit with the County of Hawaii its agreed-upon share of the
amount determined to be required pursuant to the provisions of S12-30 (a} (1 HCC,
such shares to be in legal tender or by certified check.
File No. (M ~~17
Rer. To: F c
Ref, vats MAR 2
WHEREFORE, the Petitioner respectfully request the County Council of the
County of Hawaii to:
1. Direct the Chief Engineer and the Director of Finance to: (a) determine the
cost of making the apportionment, (b) prorate the original assessment on Lot 7D among
the subdivided Lots A through D based upon the land area of each subdivided lot,
without regard to any improvements constructed on any of the subdivided lots, (c)
recommend the amount of assessment allocable to areas within the subdivision which
will be used for public purposes, together with any interest and prepayment premium
due thereon, pursuant to S12-38, HCC, and (d) send notice of the proposed proration
of the original assessment to bondholders as required by S12-30 (a) (2), HCC.
2. Fix a date, time and place for, and provide notice of, such hearing as may be
required by S12-30 (b) HCC.
3. Prorate the original assessment on Lot 7D among the lots resulting from the
subdivision thereof by adopting an appropriate amendment to Ordinance 91-55.
Petitioners
TSA INTERNATIONAL, LIMITED
By
Hideki,Miayashi
Its Executive Vice President
Dated: Maui, Hawaii M0.~c.li f , 1998