ORD 2011-066 2010-2012 - Laserfiche WebLink

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(2) That the owners of assessment units representing not less than seventy - five percent of the unpaid improvement assessments have petitioned that the outstanding indebtedness of the district be refunded; (3) The proposed refunding plan in detail; and (4) The proposed method of reassessment, including the minimum number of installment payments to be proposed, and the maximum amount to be assessed against a unit of assessment. The resolution shall refer to and incorporate by reference the preliminary assessment roll and such other data reported by the director of [public works] finance as shall be approved by the council. The resolution shall also fix the date of public hearing upon such plan, which date shall not be less than fifteen days after the first publication of notice thereof in a newspaper of general circulation in the County. In addition, the resolution may require the petitioners to deposit with the director of finance, within seven days after adoption of such resolution, a sum sufficient to meet the cost of the refunding project as reported by the director of finance, in which case the holding of the public hearing and any other actions of the County with respect to the refunding shall be conditioned on the making of such deposit within suchperiod. (e) After the adoption of the resolution, the clerk shall cause a notice of the public hearing to be published as provided in section 12 -10, giving notice generally to all owners of the assessment units still under assessment in the improvement district, stating the time and place of the public hearing and where the resolution, preliminary assessment roll and other data may be seen and examined prior to the hearing. Like notices shall be posted in three of the most conspicuous places in the improvement district for which the outstanding bonds are issued. Affidavits of publication, both in the newspaper and of the posting, respectively, shall be filed with the council at the hearing. SECTION 13. Chapter 12, Article 5, Section 12 -63, Hawai`i County Code 1983 (2005 Edition, as amended) relating to Petition by all owners is amended to read as follows: Section 12 -63. Petition by all owners. If the petition is filed and acknowledged by the owners of assessment units representing one hundred percent of the unpaid assessments in any improvement district, and by all lessees of any assessment unit to be assessed, who, by the express terms of their respective leases must pay the kind of assessments contemplated by this article, unless the lessor of such lease files with the petition a duly acknowledged waiver of the stipulation in the lease which requires the lessee to pay such special assessments, and a written undertaking by the lessor or owner to pay the special assessments to be made under the proposed refunding plan, then the council [upon the payment to the director of finance of the cost of the refunding plan, as estimated by the director of public works,] shall proceed as provided above to have a hearing on the proposed new method of assessment and the assessment roll; provided that in case the owners of assessment units representing one hundred percent of the unpaid assessment as provided in this section 16