Loading...
HomeMy WebLinkAboutORD 2020-007 2018-2020 -'r11 OF ht .•v-n \1111/:, i r . i• `k %illfi• COUNTY OF HAWAII �._=! - STATE OF HAWAII BILL NO. 127 ORDINANCE NO. 20 7 AN ORDINANCE AMENDING CHAPTER 12 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE PROCEEDINGS FOR THE FORMATION OF IMPROVEMENT DISTRICTS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this ordinance is to amend certain provisions of Chapter 12 of the Hawai`i County Code 1983 (2016 Edition, as amended), pertaining to the proceedings for the formation of improvement districts. SECTION 2. Chapter 12, article 1, section 12-1 of the Hawai`i County Code 1983 (2016 Edition, as amended) is amended to read: "Section 12-1. Definitions. [(a)] As used in this chapter: "Affected assessment unit" means an assessment unit determined, pursuant to sections 12-2(b), 12-18 and 12-29(a), to be an affected assessment unit with respect to a reasonably anticipated future change in classification or use that will result in increased special benefits conferred on such assessment unit. [(1)] "Assessment unit" means, with respect to a special assessment, a subdivided parcel of land and/or condominium unit that will be subject to such special assessment; provided, however, that every assessment unit shall have a unique tax map key number. [(2)] "Condominium unit" means an "apartment" as defined in section 514A-3, Hawai`i Revised Statutes, and may include, if so determined by the council, the common elements and/or limited common elements appurtenant thereto, as set forth in the declaration of condominium property regime or horizontal property regime which created such apartment. [(3)] "Cooperating department" means a department of the County, other than the responsible department, that undertakes or supervises the construction and installation of a portion of the special improvements for an improvement district. [(4)] "Cost" means the cost, either estimated or actual, as the case may be, of the improvements to be opened, constructed or improved in proceedings taken pursuant to this chapter for which assessments are to be levied. There may be included within the definition of"cost," amounts for construction contingencies, bond discounts, reserve funds, capitalized interest, and incidentals. [(5)] "Improvement district" means any contiguous or noncontiguous area within the County which has been designated by the council as an improvement district for the purposes of this chapter. [(54] "Incidentals" means expenses in carrying out proceedings pursuant to this chapter for: (A) Preparation of maps, notices, and other documents; (B) Posting, mailing and publication costs; (C) Preparation and printing of bonds, bond registers and transfer books; (D) Fees of financial, legal, engineering and surveying consultants; and (E) Such other administrative or miscellaneous expenses which relate directly to the proceedings. [(7)] "Owner" of an assessment unit means the person to whom the real property tax for such assessment is assessed, as shown on the real property tax assessment roll, regardless of whether such person is exempt from the payment of such tax. [(SA "Premium" means: (A) An amount payable by a property owner at the time the owner makes an advance payment of unpaid installments of the assessment in accordance with the provisions of section 12-35 (Advance payment of assessment installment) which amount is in addition to the unpaid principal amount the owner's assessment and the interest thereon to the next date for the payment of installments; (B) An amount payable to the holder of a bond issued pursuant to this chapter which is called by the director of finance for payment before maturity in accordance with the provisions of section 12-54 (Payment of bonds), and which is in addition to the face amount of such bond and the interest thereon payable to such bondholder; or 2 (C) An amount paid by the purchaser of the bonds in excess of the par value of the bonds. [(9-)] "Responsible department" means: (a) in the case of a water system improvement district, the department of water supply of the County; (b) in the case of a sewer system improvement district, the department of environmental management of the County; and (c) in all other cases, the department of public works of the County or, if applicable, such other department of the County as shall have primary responsibility for undertaking or supervising the construction and installation of the special improvements for the improvement district in question. [{-1-0)] "Responsible director or manager" means the director or manager of the responsible department. [(11)] "Special improvement," "improvement," "the making of a special improvement," "make any special improvement" and equivalent expressions include any one or any combination of the following: (A) The establishment, opening, extension, widening, or altering of any street, alley, or other highway or sidewalk; (B) The grading, paving, curbing, or otherwise improving of the whole or any part of any existing public street, alley, or other highway or sidewalk; (C) The construction of a storm drainage facility; (D) The construction of a street lighting system; (E) The construction of a water system; (F) The construction and installation of underground or overhead utility facilities including gas, electrical, telephone or television facilities, and the removal, relocation, replacement or reconstruction thereof; (G) The establishment, extension, or construction of public off-street parking facilities, pedestrian malls, parks, playgrounds, beach areas, or other public recreational areas and facilities; (H) Improvements related to the foregoing, and to otherwise improve any of the foregoing to an extent exceeding maintenance or repair thereof; (I) Any other public improvement, which will specially benefit the assessment units to be assessed. 3 [(12)] "Sewer system improvement district" means an improvement district in which the improvements to be made are exclusively those to construct a sewer system or upgrade an existing sewer system, including the restoration of roadways or other facilities incidental to such construction or upgrading. [(13)] "Storm drainage facility" includes "sanitary sewerage system." [(- )] "Water system improvement district" means an improvement district in which the improvements to be made are exclusively those to construct a water system or upgrade an existing water system, including the restoration of roadways or other facilities incidental to such construction or upgrading." SECTION 3. Chapter 12, article 1, section 12-2 of the Hawai`i County Code 1983 (2016 Edition, as amended) is amended to read: "Section 12-2. Method; authority to issue bond. (a) Whenever in the opinion of the council it is desirable to make any special improvement in any improvement district, the special improvement shall be made and done under the provisions of this chapter. The cost of the special improvement including the cost of acquiring (whether prior to or after the commencement of the proceedings for such improvements) any new land therefor, shall be assessed against the assessment unit specially benefited on the basis of any method or methods which the council finds assesses the assessment unit according to the special benefits conferred thereon, which may include, without limitation, any of the following: (1) Frontage; (2) The area of the assessment unit; (3) The permissible number of dwelling units permitted on each parcel under applicable zoning provisions; (4) The amount of water allotted to each assessment unit; (5) Minimum required sewer capacity of the assessment unit; (6) Traffic generation/usage for road improvements; (7) The square footage of buildings and/or other improvements; or (8) Any other method that the council finds assesses said assessment units according to the special benefits conferred on said assessment units or any combination thereof. 4 (b) Any provision or section to the contrary notwithstanding, in determining the applicable method of assessment for any improvement district under subsection (a) above, the council may, in its discretion, give consideration to the following, if applicable: (1) In the case of assessment units or classes of assessment units having different uses which affect the nature or extent of the special benefits to be conferred thereon by the proposed special improvements, the method of determining the assessments against such assessment units or classes of assessment units may vary based on their respective uses to the extent that the council deems appropriate in order to reflect the special benefits conferred thereon. (2) In addition, if a change in classification or use is reasonably anticipated with respect to specified assessment units that will result in increased special benefits conferred thereon, the council may designate such assessment units as affected assessment units with respect to the anticipated change in classification or use, in which case the assessments against such affected assessment units shall be subject to change upon the effectiveness of the anticipated change in classification or use to reflect the increased special benefits; provided that the change in assessments on the affected assessment units is authorized in the resolution creating the improvement district pursuant to section 12-18 and the ordinance fixing the assessments for the improvement district pursuant to section 12-29. [(b)](c)The County may issue and sell bonds to provide the funds for such improvements, which bonds shall be secured by such assessments as a lien upon the assessment units assessed. For such purpose, the council may create, define and establish improvement districts, all according to the provisions of this chapter." SECTION 4. Chapter 12, article 2, section 12-16 of the Hawai`i County Code 1983 (2016 Edition, as amended) is amended to read: "Section 12-16. Petition by owners of one hundred percent of frontage or area. (a) If a petition is filed and is acknowledged by the owners of one hundred percent of the frontage upon any street, alley, or highway or of the area of land designated by them 5 as a proposed improvement district, then the council may reject or accept the petition. If the petition is accepted, the council shall : : --: •- - . --- --. . -: ._- -- plan for the improvement had been initiated on its own motion, except that it shall be unnecessary for the council to give, publish, mail, or post notices of the proposed improvements, as provided for in section 12 10. In the case of a petition acknowledged by the owners of one hundred percent of the frontage or area designated as an improvement district, section 12 12 shall be where inapplicable thereto, any other provision or section to the contrary notwithstanding. In the case the owners of one hundred percent of the frontage or area of land designated as a the proposed assessments for such improvements,] by resolution requiring not more than one reading for its adoption, direct the responsible director or manager to •re•are and submit to council a re sort meetin• the re.uirements of section 12-10 a and (b) in the same manner as though the plan for the proposed improvement or improvements had been initiated by the council on its own motion. Upon submission of the report of the responsible director or manager, including the plans and estimates of each cooperating department, if applicable, the council may, by resolution requiring not more than one reading for its adoption, approve and adopt such report, including applicable surveys, plans, maps and other data reported by the responsible director or manager and each cooperating department, and create, define and establish the improvement district in accordance with sections 12-18, 12-19, 12- 20 and 12-21. In any such case, any other provision or section to the contrary notwithstanding, it shall be unnecessary to give the notice of or to hold the hearing specified by section 12-10, the provisions of section 12-12 shall be not apply, and it shall be unnecessary to give the notice or to hold the hearing specified by section 12- 27 and the council may immediately proceed to fix the assessments in the manner provided by section 12-29H without further hearings or actions of council pursuant to this chapter. (b) No such improvement shall be approved by the council unless: (1) The assessed valuation for taxation purposes of the assessment units to be improved is twice the estimated cost of the proposed improvement; or 6 (2) The council by resolution finds the appraised value of such assessment units in accordance with prevailing standards of appraisal then used by banks for loans thereon is twice the estimated cost of the proposed improvement [and that such approval is in the public interest.]; and (3) The council finds that such improvement is in the public interest." SECTION 5. Chapter 12, article 2, section 12-18 of the Hawai`i County Code 1983 (2016 Edition, as amended) is amended to read: "Section 12-18. Resolution to define extent of improvement. If, after initial or further advertisement and hearing when no changes are made which will require further advertisement or hearing, the council determines to proceed with the improvements, it shall, by resolution requiring not more than one reading for its adoption: (1) Create, define, and establish the extent of the frontage improvement or the improvement district to be assessed; (2) Define the kind, extent, and general details of the proposed improvements; (3) Describe each parcel of land to be acquired, if any; (4) Declare the part or proportion of the cost of the improvement which is to be borne by the County; (5) Describe the assessment units and method of assessment[;], including, if applicable, any affected assessment units with respect to a reasonably anticipated future change in classification or use and the related changes in assessments to be effective upon such change in classification or use; (6) Describe the kinds of materials to be used; (7) Direct the responsible director or manager as provided in section 12-19; [and] (8) If the proposed improvement includes construction or improvements of a water system, make requests as provided in section 12-20[-]; and (9) If the improvement district includes any affected assessment units, as identified pursuant to paragraph (5) above, approve the change in assessments upon the change in classification or use of such assessment units, provided that (A) the changed assessments are consistent with the assessments against other comparable assessment units within the improvement district, and (B) the 7 changed assessments have the effect of reducing the assessments against assessment units other than the affected assessment units." SECTION 6. Chapter 12, article 2, section 12-24 of the Hawai`i County Code 1983 (2016 Edition, as amended) is amended to read: "Section 12-24. Bidding; award of contract. (a) The bid process for the construction of special improvements shall be administered by the responsible department in accordance with procedures and requirements applicable to County of Hawai`i projects and the state Procurement Code. (b) The bid specifications shall contain provisions that specify that the award of the contract will not occur until the improvement district is created and the necessary funds for construction are appropriated. (c) The responsible department may award the work as an entire contract or, in its discretion, make one or more contracts separately for the different kinds of work to be performed. (d) Notwithstanding the foregoing, if one hundred percent of the assessment units are owned by a single owner, or by two or more owners who have duly designated one owner to act on their behalf as the owners' duly authorized representative, the responsible department may authorize the owner or owner's representative to administer the bid process, award the work and administer the contract or contracts for such work, subject to: (1) The responsible department's oversight; (2) Compliance with all applicable procedures and requirements of the County of Hawai`i; and (3) If progress payments for the work are to be made pursuant to section 12- 53(f), receipt by the County, prior to execution and delivery of the contract(s) for the work, of satisfactory assurances and agreements from the owner or owners' representative and the contractor that the contractor(s) and contract(s) are in the best interest of the County, that the contractor(s) is(are) competent and capable of performing the work, that the work will be performed in compliance with plans and specifications approved by all applicable governmental agencies, including the responsible department 8 and/or the cooperating department, and that adequate performance and payment bonds have been issued to assure that the work will be completed in accordance with the approved plans and specifications and duly paid for." SECTION 7. Chapter 12, article 3, section 12-29 of the Hawai'i County Code 1983 (2016 Edition, as amended) is amended by amending subsection (a) to read: "(a) After the hearing, if applicable, the council shall forthwith proceed to make such modifications or changes as to them may seem equitable or just, or shall confirm the first proposed assessment. Upon reaching a final decision the council shall by ordinance, fix the portions of the cost to be assessed against the benefited assessment units and against the owners thereof respectively. The ordinance shall incorporate by reference the assessment roll as approved by the council. After the final enactment of such ordinance the amounts of the several assessments so listed, advertised and incorporated and not previously objected to shall be conclusively presumed to be just and equitable and not in excess of the special benefits accruing or to accrue by reason of the improvement to the specific assessment unit assessed. Any provision hereof to the contrary notwithstanding, if the improvement district includes any affected assessment units as to which a change in assessments is authorized by the resolution creating the improvement district pursuant to section 12-18, the ordinance shall incorporate the provisions of such resolution for the change in assessments, and shall authorize the director of finance to determine the final amounts of the changed assessments on the affected assessment units based on the actual classification or use thereof, and to revise the assessments on other assessment units downward to reflect the changed assessments on affected assessment units, all without further action or approval by the council, unless the number of affected assessment units is changed by more than ten percent or the aggregate amount of assessments on the affected assessment units is changed by more than ten percent, as compared to the number of affected assessment units or the aggregate assessments thereon contemplated by the resolution creating the improvement district, in which event the change in assessments shall require the approval of council by further resolution requiring not more than one reading for its adoption." 9 SECTION 8. Chapter 12, article 4, section 12-53 of the Hawai`i County Code 1983 (2016 Edition, as amended) is amended by amending subsection (f) to read: "(f) The council may provide for payment to the contractor, or to the owner or the owners' representative designated pursuant to section 12-24(d), of the contract price of the improvement by means of progress payments during the period of the work, such payments in bonds at par or in cash or both." SECTION 9. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not be included. SECTION 10. 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 11. This ordinance shall take effect upon its approval. INTRODUCED BY: iellecie. • COUNCIL M BER, C O • • OF HAWAIW &.... Kona , Hawai`i Date of Introduction: January 8, 2020 Date of 1st Reading: January 8, 2020 Date of 2nd Reading: January 22, 2020 Effective Date: January 30, 2020 REFERENCE Comm. 655 10 COUNTY CLERK OFFICE OF THE COUNTY CLERK COUNTY OF HAWAti County of Hawai`i Kona, Hawai`i 020 NI 3 +� 9: 1 6L�..� �"«i'4dk ..J. Introduced By: Maile Medeiros David (B/R) ROLL CALL VOTE Date Introduced: January 8, 2020 AYES NOES ABS EX First Reading: January 8, 2020 Chung X Published: January 18, 2020 David X Eoff X REMARKS. Kaneali`i-Kleinfelder X Kierkiewicz X Lee Loy X Poindexter X Richards X Villegas X Second Reading: January 22, 2020 7 0 2 0 To Mayor: January 30, 2020 Returned: January 30, 2020 ROLL CALL VOTE Effective: January 30, 2020 AYES NOES ABS EX Published: February 8, 2020 Chung X REMARKS: David X Eoff X Kaneali`i-Kleinfelder X Kierkiewicz X Lee Loy X Poindexter X Richards X Villegas X 7 0 2 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. COUNCIL CHAIRPER :k proved Disapproved this 201 day 111111. of ill 1 , 20 . ,�.. 127 Bill No.: MAYOR COUNTY OF HAWAII- C-655/FC-99 Reference: Ord No.: 20 7