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improvement district, the extent of the improvement district, and <br /> the levy of the special assessment will be heard; and <br /> (E) A statement that any protest, objection, or suggestion relating to <br /> the making of all or part of the proposed improvements or against <br /> the methods by which such assessment are to be made, or the <br /> inclusion of certain costs therein must be submitted in writing, in <br /> accordance with section 12 -12 of this chapter, to be considered by <br /> the council. <br /> (i) The clerk of the County shall file with the council on or before the hearing an <br /> affidavit by the clerk of the County attesting that the clerk of the County <br /> completed the publication, posting, and mailings described in the preceding <br /> section 12 -15(h) in accordance with the requirement thereof; provided, however, <br /> that the failure of the clerk to timely file such affidavit shall not invalidate the <br /> proceedings held thereafter. Any failure to post, mail, or receive the notice <br /> described above shall not invalidate the proceedings held thereafter. <br /> (j) All notices referred to in this section shall also contain a provision providing that <br /> if the owner does not object in writing at or before the time of hearing, such <br /> inaction will be construed as a conclusive presumption that said owner does not <br /> object to the proposed improvement and that the improvement district may be put <br /> into effect unless fifty -one percent of the owners who will be assessed as a result <br /> of the improvement district object in writing at or prior to the time of hearing. <br /> (k) Should fifty -one percent or more of the owners of the assessment units affected <br /> by the improvement district fail to object prior to or at the hearing, the proposed <br /> improvement by assessment shall be approved by council passing a resolution <br /> requiring one reading for its adoption, provided, that no such improvement shall <br /> be approved unless: <br /> (1) The assessed valuation for taxation purposes of the assessment units to be <br /> improved is twice the estimated cost of the proposed improvement; or <br /> (2) The council by resolution finds the appraised value of such assessment <br /> units in accordance with prevailing standards of appraisal and used by <br /> banks for loans thereon is twice the estimated cost of the proposed <br /> improvement and that such approval is in the public interest. <br /> (1) This section shall apply only to subdivisions created prior to March 1, 1967. <br /> SECTION 6. Chapter 12, Article 2, Section 12 -18, Hawai`i County Code 1983 (2005 <br /> Edition, as amended) relating to Resolution to define extent of improvement is amended to read <br /> as follows: <br /> Section 12 -18. Resolution to define extent of improvement. <br /> If, after initial or further advertisement and hearing when no changes are made <br /> which will require further advertisement or hearing, the council determines to proceed <br /> with the improvements, it shall, by resolution requiring not more than one reading for its <br /> adoption: <br /> 10 <br />