HAWAII COUNTY COUNCIL NOTICE OF PUBLIC HEARING
* 6 p.m. Tuesday, June 14 at Council Chambers – West Hawaii Civic Center, Building A

WATER SYSTEM IMPROVEMENT DISTRICT KONA OCEAN VIEW PROPERTIES SUBDIVISION, NORTH KONA, HAWAII

TMK Plat No(s). (3) 7 -2 -008: 1 -41 (excluding Lot 39, which is not part of Kona Ocean View Properties Subdivision), and Tax Map Key Nos. (3) 7 -2 -09: 1 -42 (excluding Lot 41, which is the Road Lot)

TO THE OWNERS OF LANDS TO BE ASSESSED AND /OR ACQUIRED WITHIN SAID IMPROVEMENT DISTRICT AND TO ALL PERSONS INTERESTED GENERALLY:

Pursuant to Resolution No. 74 -11, adopted on May 17, 2011, the Hawaii County Council proposes to assess the properties within said Improvement District as provided by Chapter 12, Hawaii County Code, and, pursuant to the requirements of § 12- 10(e), Hawaii County Code, notice is hereby given of the following:

1. General Details of Proposed Improvements

This Improvement District is being initiated by the Hawaii County Council for the design and installation of a water delivery system meeting Hawaii County Department of Water Supply standards for the Kona Ocean View Properties Subdivision. After completion, the system will be conveyed to the Department of Water Supply for operation and maintenance.

This Improvement District consists of all existing lots within the Kona Ocean View Properties Subdivision comprised of Tax Map Key Nos. (3) 7 -2 -008: 1 -41 (excluding Lot 39, which is not part of Kona Ocean View Properties Subdivision), and Tax Map Key Nos. (3) 7 -2 -09: 1 -42 (excluding Lot 41, which is the Road Lot), all of which lots will constitute “assessment units” within the Improvement District. The special improvements shall include the removal of all existing meters and laterals within the Improvement District, and the installation of water meters for each of the eighty -one (81) assessment units within the Improvement District. The water system improvements will include, but not be limited to:

• 1,022 linear feet of 8 -inch ductile iron waterline;
• 3,620 linear feet of 6 -inch ductile iron waterline;
• Seven fire hydrants;
• Eleven Type “A” service laterals;
• Thirty -five Type “C” service laterals;
• One pressure reducing valve station; and
• Miscellaneous valves and fittings.

The total estimated cost of the Improvement District is $1,569,369.00. Assuming the project costs to be the Manager’s estimate thereof, or $1,569,369.00, and further assuming a U.S.D.A. Rural Utilities Service Grant in the amount of $353,369.00 to be applied against the project costs, the net project costs would be $1,216,000.00. Each assessment unit existing as of the date that assessments begin to accrue on assessment units within the Improvement District (the “Commencement Date “) shall be subject to an assessment calculated by dividing the Net Project Costs by the number of assessment units within the Improvement District as of the Commencement Date. Assuming net project costs of $1,216,000.00, the anticipated assessment per assessment unit will be $15,012.35. The County of Hawaii shall adopt a general obligation bond and administer the collection of funds from assessed owners to service the debt.

Unless paid in full, assessments will be payable in monthly installments sufficient to meet the principal and interest requirements for the County’s general obligation bonds issued for the Improvement District until they mature. A property owner’s assessment may be paid to the Director of Finance in full, without additional charges, at any time within 30 days after the date of the last publication of the ordinance to set the Improvement District assessments. After this 30-day period, property owners will also be permitted to prepay the unpaid balance of their assessments in full, plus a 3% premium on the amount to be prepaid (unless waived) and interest at the rate on the bonds until they can be redeemed with the assessment prepayment.

2. Testimony, Protests and Objections

At the Public Hearing to be held on June 14, 2011, the testimony of all interested persons and owners of assessment units for or against the establishment of the Improvement District, the extent of the Improvement District, and levy of the special assessment shall be heard. This Public Notice hereby advises all interested parties that, in accordance with § 12- 10(e), Hawaii County Code, a protest against making all or part of the proposed improvements or against the methods by which such assessments are to be made, or the inclusion of certain costs therein must be submitted in writing to be considered by the Council. Such written protests or objections may be mailed to: County Clerk, County of Hawaii, 25 Aupuni Street, Hilo, Hawaii 96720 prior to the Public Hearing, or such written protest may be submitted in person at the date and time of the Public Hearing. The County Clerk will not accept any mailed protests that are postmarked after June 14, 2011 or protests submitted in person after adjournment of the Public Hearing.

Unless 50% or more of the owners of assessment units file written protests at or before the Public Hearing against making all or part of the assessments, or part of the proposed improvements, or against the methods by which such assessments are to be made, or the inclusion of certain costs therein, the County Council may proceed to establish the Improvement District and levy assessments by ordinance.

3. Time and Place of Public Hearing

A Public Hearing will be held before the Hawaii County Council on Tuesday, June 14, 2011 at 6:00 p.m. in the Council Chambers at the West Hawai`i Civic Center, Building A, 74 -5044 Ane Keohokalole Highway, Kailua -Kona, Hawaii to consider the matter of the Improvement District.

Please examine Council Resolution No. 74 -11, a Resolution Rescinding Resolution No. 41 -11 and to Propose the Establishment of a Water System Improvement District for the Kona Ocean View Properties Subdivision. Please also examine the Manager’s Report (Communication No. 989) dated October 21, 2010, including Exhibits “A” through “E” for this Improvement District for yourself and your property, and report any errors to the Manager -Chief Engineer of the Department of Water Supply, County of Hawaii, prior to the Public Hearing. The Resolution and Manager’s Report may be seen and inspected at: (1) the Office of the County Clerk, Hawaii County Building, 25 Aupuni Street, Hilo, Hawaii; (2) the West Hawaii Civic Center, Building A, 74 -5044 Ane Keohokalole Highway, Kailua -Kona, Hawaii; and (3) the Office of the Mayor, West Hawai`i Civic Center, Building C, 74 -5044 Ane Keohokalole Highway, Kailua -Kona, Hawaii. The Resolution and Manager’s Report can also be reviewed on the County’s website at the following link: http: // records .co.hawaii.hi.us /weblink/0 /doc /749866 /Pagel.aspx

Notice is hereby given that pursuant to Hawaii Revised Statutes (hereinafter “HRS “) §92 -3.5, the Hawaii County Council will be conducting this public hearing via videoconference. Council Member(s) will be present at the following locations:
*County Council Room, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401; and
*Kona Council Room, West Hawaii Civic Center, 74 -5044 Ane Keohokalole Highway, Building A. Public Attendance via Videoconference is available at the locations above. If audio stream between Kona and Hilo is lost for more than a short period of time, the meeting will be terminated.

All interested persons are invited to attend and they shall be afforded the opportunity to be heard. The meeting place is accessible for persons with disabilities. Persons who need special accommodations for this public hearing should call 961 -8255 by June 8, 2011. Relay Users please call 711 (961 -8255) to contact our office.

BY AUTHORITY OF THE HAWAII COUNTY COUNCIL