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services and improvements, the supplemental services and improvements <br /> to be financed, the rate or method of apportionment of an assessment, or <br /> the boundaries of the district other than an annexation provided in article <br /> 5, or the council may require the levy of a new assessment. Such changes <br /> shall be approved by ordinance, pursuant to section 35-29, Hawaii <br /> County Code; and <br /> (12) Exemptions from special improvement district assessments are set forth in <br /> section 46-80, Hawaii Revised Statutes. <br /> SECTION 3. District boazd report. <br /> Prior to the commencement of the second and each subsequent assessment year, the <br /> district board shall prepaze and submit a report to the council that shall include the anticipated <br /> surplus or deficit from the preceding assessment yeaz as well as any proposed new rate or <br /> method of assessment for the next assessment year. This report shall be due by the thirtieth day <br /> preceding the commencement of the next assessment year. <br /> SECTION 4. Assessment account and report. <br /> (a) The director of finance shall deposit all moneys collected pursuant to the district <br /> assessment in an account for the district in the general trust fund. <br /> (b) The director of finance shall prepare and submit a report to the district boazd <br /> summarizing: <br /> (1) Assessments collected or that remain unpaid by parcel of land and <br /> landowner; <br /> (2) The amount of interest and penalties collected; <br /> (3) The amount of moneys paid out for district purposes; and <br /> (4) The amount of administrative expenses directly incurred in the collection <br /> of assessments which were deducted from the amounts collected. <br /> (c) The report shall be submitted to the district board prior to a date set pursuant to <br /> written agreement between the district board and the County. <br /> SECTION 5. Amendments to district plan. <br /> The Kailua Village Business Improvement District Plan shall not be amended except <br /> <br /> pursuant to chapter 35, Hawaii County Code. <br /> SECTION 6. The revisor of ordinances shall insert an annex at the end of chapter 35, <br /> Hawaii County Code, that lists the County of Hawaii Kailua Village Business Improvement <br /> District No. 1 and ordinance number established by this ordinance. This annex shall not be <br /> deemed to be part of the chapter. <br /> SECTION 7. If any provision of this ordinance, or the application thereof to any person <br /> or circumstance is held invalid, the invalidity does not affect other provisions or applications of <br /> <br /> the ordinance which can be given effect without the invalid provision or application, and to this <br /> end the provisions of this ordinance aze severable. <br /> 3 <br /> <br />