ORD 2011-066 2010-2012 - Laserfiche WebLink

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(f) (g) (h) (i) (C) A statement that the assessment unit described on said notice is proposed to be assessed to pay for a portion of the cost of the proposed improvements; (D) A statement that the testimony of all interested persons and owners of assessment units for or against the establishment of the district, the extent of the district, and the levy of the special assessment will be heard; and (E) A statement that 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, in accordance with section 12 -12 of this chapter, to be considered by the council. The clerk of the County shall file with the council on or before the hearing an affidavit by the clerk of the County attesting that the clerk of the County completed the publication, posting, and mailings described in the preceding section 12 -10(e) in accordance with the requirement thereof; provided, however, that the failure of the clerk to timely file such affidavit shall not invalidate the proceedings held thereafter. Any failure to post, mail, or receive the notice described above, shall not invalidate the proceedings held thereafter. No improvement district shall be approved unless: (1) The assessed valuation for taxation purposes of the assessment units to be improved is at least twice the estimated costs of the proposed improvement; or (2) The council finds the appraised value of such assessment units as improved is at least twice the estimated cost of the proposed improvement. The appraisal shall be conducted in accordance with prevailing standards for appraisals used by banks for loans. No improvement district shall be approved unless the council finds that such improvement is in the public interest. SECTION 4. Chapter 12, Article 2, Section 12 -11, Hawai`i County Code 1983 (2005 Edition, as amended) relating to Report of director of public works or manager is amended to read as follows: Section 12 -11. Report of responsible director [ ks] or manager. In preparing the report required by section 12 -10, the responsible director [e€ public works,] or [the] manager [in the case of a water system improvement district,] may consult with the director of finance or with such financial consultant as has been specially employed by the council to assist in the proceedings or who may otherwise be available to the council, at the direction of the council. Upon the written advice and recommendation of the director of finance or of such a financial consultant, the responsible director [of public works,] or [the] manager [in the case of a water system improvement district,] may include such sums as he deems proper for reserve funds, bond 6