ORD 2004-094 2002-2004 - Laserfiche WebLink

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such district be unaffected by that ordinance or the levying of the special assessments. The ordinance establishing such district shall describe such level of services. Section -4. Payment of existing special assessments. A district may pay in full all amounts necessary to eliminate or reduce any special assessment liens. Section -5. Advances of funds, work, or property in-kind. After the formation of a district, the district board may accept advances of funds, work, or property in-kind from any source. The district board may enter into an agreement with the person or entity advancing the funds, work, or property in-kind to repay all or a portion of the funds advanced or to reimburse the person or entity for the value or cost, whichever is less, of the work or property in-kind. as determined by the district board. with or without interest; provided that the proposal to repay the funds or reimburse the value or cost of the work or property in kind is included in the ordinance of formation fix the district. Any such agreement shall not constitute a debt or liability of the county or be payable tl•om sources other than the proceeds of the special assessments levied pursuant to this chapter. Section -6. Superiority over conflicting provision of other ordinance. When any provision of this chapter conflicts with any other provision or ordinance, the provision of this chapter shall prevail. Section -7. Limitation on challenges. Pursuant to section 46-80.5(d), Hawaii Revised Statutes, no action or proceeding to object to or question the validity of or enjoin any ordinance, action, or proceeding undertaken pursuant to this chapter (including the liability for or the determination of the amount of any assessment levied with respect to an} property or the levy or assessment thereof) shall be maintained unless begun within thirty days of the effective date of the ordinance, determination, levy, assessment, or other act, as the case may be. Section -8. Construction of chapter. This chapter shall be liberally construed in order to effectuate its purposes. No error, irregularity, or informality and no neglect or omission of any officer in any procedure taken under this chapter which does not directly affect the jurisdiction of the county to create a district for the provision of supplemental services and improvements shall void or invalidate such proceeding or any levy for the costs of such services or improvements. Section -9. Validity of proceedings. The failure of any person to receive a notice, ordinance, order, or other matter shall not affect in any way whatsoever the validity of any proceedings taken under this chapter or prevent the council from proceeding with any hearing so noticed or other action. Article 2. Proceedings to Establish a District. Section -I0. Institution of proceedings. (a) Proceedings for the establishment of a district may be instituted by the council on its own initiative or by the council at the request of the mayor; (h) Proceedings for the establishment of a district shall be instituted by the council after receipt by the county clerk of a petition requesting the institution of the proceedings signed by landowners owning lands within the proposed district that have a real property tax assessed value of at least hventy-five percent of the total real property tax assessed value of all land in the proposed district. 4