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HomeMy WebLinkAboutRES 432 Draft 01 1969-1972County of Hawaii—State of Hawaii Resolution No. 412 RELATING TO THE PERMANENT IMPROVEMENTS OF DISCOVERY HARBOR SUBDIVISION AND ADJACENT LANDS IN WAIOHINU, DISTRICT OF KAIU, HAWAII, PROPOSING TO MAKE SAID IMPROVEMENTS, ADOPT- ING THE PETITION THEREFOR AS INCORPORATED BY REFERENCE IN THE PRELIMINARY REPORT OF THE CHIEF ENGINEER OF THE DEPART- MENT OF PUBLIC WORKS, ORDERING REIMBURSEMENT OF PETITIONER FOR CERTAIN COSTS, PROVIDING FOR RESERVE FUND, DETERMINING TO PROCEED PURSUANT TO SECTIONS 3.7.1 AND 3.9 OF ORDINANCE NO. 350, AND DIRECTING PREPARATION OF FURTHER REPORT BY SAID CHIEF ENGINEER. WHEREAS, on November 9, 1971, a petition was filed with the County Council of the County of Hawaii in accordance with the provisions of section 3.3, Ordinance No. 350, as amended, of the County of Hawaii, an Ordinance For Improve- ment By Assessment, which petition is duly acknowledged by the owner of more than sixty percent of the area of land designated in said petition as a proposed improvement district and requests construction of the special improve- ments hereinafter described and contains the surveys, maps, plans and other preliminary data and estimates mentioned in section 3.1 of said Ordinance No. 350, as amended, in the case of a proceeding initiated by this Council, in all respects in the manner, form and detail as required by law; and WHEREAS, said section 3.3 provides that this Council shall proceed on said petition in the same manner as though the plan for such improvements had been initiated on its own motion; and WHEREAS, by Resolution No. 426, adopted by said Council on the 17th day of November, 1971, the Chief Engineer of the Department of Public Works was ordered and directed to investigate and report to said County Council preliminary data concerning said improvements, and in accordance there- with said Chief Engineer has prepared and submitted to this Council a preliminary report thereon, dated November 29 1971, and filed with the Clerk of the County of Hawaii on the29th day of November , 1971, which report shows the necessary preliminary surveys, maps, plans, drawings and other data, details and specifications for the pro- posed improvements, together with detailed estimates of the probable cost thereof, in all respects in the . manner, form and detail as required by law, and as directed in said Resolution No. 426; and WHEREAS, said plans for said improvements have been fully considered by this Council, and in the opinion of this Ccuncil said improvements are desirable and should be made; and WHEREAS, a portion of said improvements consist of water facilities outside of the boundaries of the pro- posed improvement district which in whole or in part will serve the land within said district, and Exhibit V to said petition is an agreement pursuant to which the Department of Water Supply will pay all costs of the construction of such off-site water facilities in excess of $285,000.00, EP41 9 if any, and the petitioner will pay all costs of engineering, incidentals and inspection for such off-site water facili- ties in excess of $30,000.00, if any, and will contribute the cast, if any, of the right-of-way for the same, and it appears that the final plans and specifications for such facilities when prepared will be approved by the Department of Water Supply but that said plans and specifications will not be prepared nor the contract for conc-truction of such facilities be ready to be advertised and let until a time beyond the time when proceedings for the other proposed improvements could be commenced and prosecuted, by reason of which it is the opinion of this Council that it should proceed pursuant to section -3.7.1 of Ordinance No. 350, as amended; and WHEREAS, it is the opinion of this Council that the hearings provided for in sections 3.1 and 3.8 of Ordi- nance No. 350, as amended, should be combined, pursuant to section 3.9 of said ordinance, as amended; NOW, THEREFORE, BE IT RESOL17ED BY THE COUNTY COUNCIL of the County of Hawaii as follows: I That the improvements proposed to be made and constructed consist of streets, including grading, base course and pavement and necessary drainage, street light- ing, and a water system to serve Discovery Harbor Subdivi- sion and lands adjacent thereto, being the area within the -3- i proposed improvement district, as hereinafter described; that the preliminary plans, specifications and estimates therefor as contained in said petition (including the exhibits made a part thereof) and in said Chief Engineer's preliminary report, including those approved by the De- partment of Water Supply, be and the same are hereby approved and adopted subject to such alterations and amendments as shall be hereafter adopted in accordance with law, a]_1 of which are hereby incorporated herein and made a part hereof by reference; and that the making of said improvements is hereby proposed. II That the boundaries of the proposed improvement district are as legally described on Exhibit I of said Chief Engineer's report and as shown on Exhibit II of said Chief Engineer's report, which are hereby incorporated herein and made a part hereof by reference. III That proposed zones within said proposed improve- ment district are as follows, to wit: Zone 1 - land specially benefited by all improvements, with substantial frontage abutting and overlooking golf course, Zone 2 - land specially benefited by all improvements, without substantial frontage abutting and overlooking golf course, -4- Zone 3 - land specially benefited by water system facilities other than distribution lines, Zone 4 - land specially benefited by entire water system, excluding golf course, Zone 5 - land specially benefited by entire water system, golf course, and that the specific parcels of land included in each of said zones are as set forth in said Chief Engineer's report and shown on Exhibit II of said Chief Engineer's report. IV That no contribution or payment of any part of the costs of said improvements, or the cost of acquiring land (or interests therein), shall be made by the County of Hawaii or the Department of Water Supply, except that said Department will contribute to the cost of the water system the amount, if any, by which the cost of construc- tion of the off-site water line exceeds $285,000.00; and that said petitioner shall contribute and pay the amount, if any, by which the cost of engineering, incidentals and inspection for said off-site water line exceeds $30,000.00 and the cost, if any, of acquiring the right-of-way for said off-site water line. V That it is proposed that all other costs of said improvements be assessed on an area basis, for which purpose the area within each lot or parcel of land subject to assess- ment shall be rounded to the nearest 500 square feet, and -5- property in Zone 1 shall be assessed for each improvement which benefits such property at a rate one-tenth higher than property in Zones 2, 3 and 4 which are benefited by such improvements and property in Zone 5 shall be assessed for the water system at a rate forty-nine fiftieths lower than property in Zones 2, 3 and 4 are assessed for the portions of the water system which benefit such property; and that the maximum estimated unit of assessment against property in each of said zones is as follows, to wit: Zone 1 $356.44383 per Msq.ft. Zone 2 $324.03985 per Msq.ft. Zone 3 $ 40.98093 per Msq.ft. Zone 4 $161.47611 per Msq.ft, Zone 5 $ 3.22952 per Msq.ft. VI That lands to be acquired for said improvements consist of street rights-of-way, easements for water lines and drainage, and reservoir sites as shown on Exhibits II and IV of said Chief Engineer's Report, all of which except Road "M" and the easement and water reservoir site for the off-site water line are owned by said petitioner and are proposed to be dedicated to the County ofHawaii at no cost to said County; Road "M" and the easement and water reservoir site for the off-site water line will be acquired by eminent domain, the cost of which is included in the cost of the improvement district or will be contributed by the peti- tioner. VII That the materials proposed to be used for said improvements are as follows: 1. Not less than 6 inches thick base and sub- base course for streets, 2. 2 inches thick asphaltic concrete or asphaltic macadam pavement for streets, 3. Redwood headers, 4. 1811 and 2111 diameter galvanized corrugated metal drainage pipes, 5. 4119 6119 811 and 1211 ductile iron waterpipe, Class 2, cement lined, push -on -joint and/or mechanical joint and/or flange joint, 6. Cast iron fittings, Class 250, mechanical joint or push -on -joint, 7. Copper pipe no less than 111, Type K, soft tempered, with copper or brass fittings, 8. 12111 8119 611 and 411 gate valves or approved butterfly valve, 175 or 250 lb. water working pressure, with valve boxes, 9. Type A, B, and C copper service laterals of various standard lengths, 10. Air relief valves with valve boxes, 11. Concrete blocks or anchor, 12. 100,000 gallon or larger reinforced concrete reservoirs, with controls and appurtenances -7- i VIII That the cost of the preliminary engineering, surveys, maps, drawings and other data requisite to said petition, the estimate therefor as stated in said petition being $172,500, shall be deemed part of the cost of said improvements, if such cost is not in excess of said estimate; and that such cost shall be reimbursed to the petitioner when funds therefor are available from the proceeds of improvement bonds issued for said proposed improvement district. IX That it is vroposed to permit owners to pay assessments, if they elect to pay same in installments, in not less than fifteen annual installments, and that a premium of four percent (4%) of the unpaid principal balance be required to be paid upon advance payment of such install- ments; and that the maximum term of the assessment bonds to be issued to represent such unpaid installments shall be fifteen (15) years, at a maximum rate of interest of eight percent (8%), and that a premium of four percent (4%) of the unpaid principal be required to be paid upon call and redemption of any such bond prior to its maturity. X That a reserve fund shall be established, as additional security for the payment of principal and interest on said assessment bonds, in the sum of $6442000.00; -8- and that there shall be added to said reserve fund any unexpended moneys, from the proceeds of the bonds and of assessments paid within the thirty -day period provided in section 4.3 of said Ordinance No. 350, as amended, which remain after completion and acceptance of said improvements and payment of all costs and expenses therefor. XI That in accordance with sections 3.7.1 and 3.9 of Ordinance No. 3502 as amended, the Council will proceed in this matter pursuant to said section 3.7.1 and the hearings in these proceedings, provided for in sections 3.1 and 3.8 of said ordinance, as amended, shall be combined as pro- vided in said section 3.9. XII That the Chief Engineer of the Department of Public Works be and he is hereby ordered and directed to prepare a corrected map, together with final plans and specifications for the work, all as provided in and in accordance with the second paragraph of section 3.5 of Ordinance No. 350, as amended, and to prepare a corrected map, preliminary assessment roll and other data, all as provided in and in accordance with section 3.8 of said ordinance, as amended; that the report of said Chief Engineer as above directed may adopt and incorporate by reference all such maps, plans and specifications, assess - mens roll and other data as contained in said filed petition for construction of said improvements, insofar as same are approved by said Chief Engineer; that for the purpose of said report the preliminary plans for the off-site water facilities as set forth in said petition (Exhibit V thereto) and heretofore approved by said Chief Engineer and herein adopted by this Council, shall be sufficient and the third paragraph of section 3.5 of said ordinance shall not be applicable; and that for the purpose of said report and said combined hearings the total amount of the cost of the improvement and said preliminary assessment roll shall be based upon the estimated cost of the work to be included in bids when received, except with respect to said off-site water facilities, for which the estimated cost shall be based upon the sums specified in said Exhibit V, being $2851000.00 for construction and $30,000.00 for engineering. XIII That the County Clerk be directed to forthwith furnish said Chief Engineer with a copy of this resolution. Dated at Hilo, Hawaii, this 15th day of December , 1971. IN MODUC ED BY: unc i"�an, Co�nty of H ii COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on. ATTEST: Tadashi Suzuki COUNTY CLERK ___________________ December 15_,x___ 19,7 ................ Herberf T. Matayo i CHAIRMAN & PR DING OFFICER ROLL CALL VOTE AYES NOES A/E Carpenter X De Luz X Edwards x Greenwell X Hisaoka X Souza X Yadao X Yamada X Chr. _Mata oshi x 8 1 0 Reference:...............................................................-12l M.B. No.......!... .I ....`............................................ 432 RESOLUTION NO . ...............................................