HomeMy WebLinkAboutRES 437 Draft 01 1969-1972County of Hawaii—State of Hawaii
Resolution No. 437
RESOLUTION RELATING TO THE PERMANENT IMPROVEMENTS
OF DISCOVERY HARBOR SUBDIVISION AND ADJACENT LANDS
IN WAIOHINU, DISTRICT OF KA'U, HAWAII, ADOPTING
REPORT OF THE CHIEF ENGINEER OF THE DEPARTMENT OF
PUBLIC WORKS, AUTHORIZING CHIEF ENGINEER OF THE
DEPARTMENT OF PUBLIC WORKS TO CALL FOR BIDS ON
WORK, AND PROVIDING FOR COMBINED PUBLIC HEARING
WHEREAS, in accordance with law, the County Council of
the County of Hawaii by Resolution No. 432, adopted December
15, 1971, proposed the making of special improvements in
the District of Ka'u, Hawaii, determined to proceed pur-
suant to sections 3.7.1 and 3.9 of Ordinance 350, as amended,
and directed the Chief Engineer of the Department of Public
Works to prepare a further report for said proposed im-
provements, together with a preliminary assessment roll and
other data; and
WHEREAS, in accordance therewith said Chief Engineer
has prepared and submitted to this Council a report, dated
December 15 , 1971, and filed with the Clerk of the
County of Hawaii on December 15 , 1971, which report
includes the corrected maps, final plans and specifications,
preliminary assessment roll and other data required by the
second paragraph of section 3.5 and by section 3.8 of
Ordinance No. 350, as amended, and is in all respects
in accordance with law and the directions of said Reso-
lution No. 432; and
WHEREAS, said report as aforesaid has been fully con-
sidered by this Council;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COUNCIL
of the County of Hawaii as follows:
I
That said report of said Chief Engineer, including the
corrected maps, plans, profiles, details, specifications,
form of proposal, forms of contract and bond, all in such
form as will readily permit and encourage genuine competi-
tion between contractors insofar as the materials specified
will permit of such competition (except as to the proposed
off-site water facilities), and the preliminary assessment
roll, description of properties and list of all known owners,
lessees and/or occupants of the land within the proposed
improvement district, are hereby approved, adopted and
ratified, and incorporated herein by reference, subject
to such alterations, modifications and amendments as may
hereafter be adopted according to law.
II
That in accordance with paragraph "d" of section 3.9 of
Ordinance 350, as amended, the Chief Engineer of the Depart-
ment of Public Works, on behalf of said County Council,
County of Hawaii, and in the manner prescribed by law, is
hereby authorized and directed to issue a call for tenders
upon the work to be done within the proposed improvement
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district on the basis of the aforesaid report of said
Chief Engineer and the form of proposal included therein,
with bids to be submitted and bid enclosed by 2
o'clock p .m., January 25 , 1972 , being more than
two (2) weeks after the date of the first publication of
the call as aforesaid, including Sundays and holidays;
and that in accordance with paragraph "d" of section 3.7.1
of said ordinance, as amended, said call shall not include
the proposed off-site water facilities, for which bids will
be called at such time as final details, plans and specifi-
cations are prepared and approved by the Department of
Water Supply and this Ccuncil.
III
That in accordance with paragraph "b" of section 3.9
of Ordinance 350, as amended, a combined public hearing
be had before this Council respecting said proposed im-
provements and said proposed assessment, to be held at
the Ccunty Council room on the 2nd day of February
1972, at the hour of 7;30 o'clock p m., or as soon
thereafter as those interested may be heard.
IV
That the Ccunty Clerk shall cause notice to be given
on behalf of this Council, as required by law, to the
owners, lessees, and occupants of lands within the pro-
posed improvement district and proposed to be assessed
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and of lands to be acquired, and to all other persons
interested generally, of the time and place of said com-
bined public hearing respecting said proposed improvements
and said proposed assessment, such notice to be published,
posted and mailed in the form and manner required by sec-
tions 3.1, 3.8 and 3.9 of said Ordinance 350, as amended;
that such notice shall state that the petition for the
improvements, the resolution proposing to make the improve-
ments, the reports of the Chief Engineer of the Department
of Public Works and other data with respect to the proposed
improvements, including corrected maps, preliminary assess-
ment roll and description of properties may be seen and
examined at the offices of the County Clerk and Chief
Engineer of the Department of Public Works at any time
during business hours prior to and including the date of
said combined public hearing; that such notice shall set
forth the general character and extent of the proposed
improvements, the total amount of the cost of the improve-
ments based upon the estimated cost of the work to be
included in bids when received (not upon the bid of the
lowest responsible and reliable bidder), the maximum share
per thousand square feet to be charged to lands within
each zone within the proposed improvement district, the
minimum number of annual installments for unpaid assessments,
and the maximum term and rate of interest for bonds to be
issued: that such notice shall also state that at said
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combined hearing full opportunity will then be given to all
persons interested to present any protests, objections or
suggestions relating to the proposed Improvements or any
part or detail thereof, including changes of grade, and the
County Council will sit as a Board of Equalization to re-
ceive complaints or objections relating to the proposed
assessment, and said Council will consider and determine
whether the owners (or lessee of any property who by the
express terms of his lease must pay the kind of assessment
proposed) of fifty-five percent (55%) of the total area to
be assessed for such improvements file with said Council,
at the hearing or prior thereto, written protests against
the making of such improvements or against any part of the
plan therefor, and that any person interested may file with
the Council a written protest, duly acknowledged, at or prior
to the hearing; that such notice which is mailed shall. contain,
in addition to the aforesaid material to be contained in the
published and posted notices, a description of the property
of such owner, lessee, or occupant of land set forth in such
manner as to enable such owner, lessee, or occupant to
identify same, together with a statement that the property
described on said notice is proposed to be assessed to pay
for a portion of the cost of the proposed improvements and
the amount proposed to be assessed against said property;
that publication of the notice shall be made twice a week
for two successive weeks in a newspaper of general circulation
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in the County, and the first publication thereof shall be
at least 15 days and not more than 21 days prior to the
aforesaid date of hearing; that posting of the notice shall
be made at least 10 days prior to said date of hearing,
conspicuously at least every 250 feet along the streets
to be opened and improved and at various places within
the area to be assessed; and that mailing of the notice
shall be made at least 14 days prior to said date of hearing,
to all owners, lessees and occupants of land proposed to be
assessed.
1971.
Dated at Hilo, Hawaii, this 15th day of December ..—,
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.
December 15, 1971
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ATTEST:
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Tadashi
COUNTY CLERK
ROLL CALL VOTE
Chr.
M.O. No. .... _......: _.............
RESOLUTION NO. .......... 437