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.'J�tY,OF N,. <br /> COUNTY OF HAWAII +(4? _'__�.*j STATE OF HAWAII <br /> •,• '\OF NP <br /> BILL NO. 137 <br /> (DRAFT 2) <br /> ORDINANCE NO. <br /> AN ORDINANCE AMENDING CHAPTER 12,ARTICLE 2, OF THE HAWAII <br /> COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE <br /> PROCEEDINGS FOR THE FORMATION OF IMPROVEMENT DISTRICTS. <br /> BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: <br /> SECTION 1. Purpose. The purpose of this ordinance is to amend certain provisions of <br /> Chapter 12, Article 2, of the Hawai`i County Code 1983 (2005 Edition, as amended),pertaining <br /> to the proceedings for the formation of improvement districts. <br /> SECTION 2. Chapter 12, article 2, section 12-17 of the Hawai`i County Code 1983 <br /> (2005 Edition, as amended) is amended to read: <br /> "Section 12-17. Determination by council. <br /> After the hearing provided in section 12-10, the council shall consider any <br /> protests, objections or suggestions which may have been made or filed and whether <br /> sufficient valid protests have been filed to compel it to abandon any part or all of the <br /> proposed improvement. If the council still has jurisdiction to continue it shall then <br /> proceed, determining whether or not the proposed improvement shall be made as <br /> proposed, or made with modifications[..-] or with changes in the estimated costs of the <br /> improvements set forth in the resolution adopted pursuant to section 12-10(c). In the <br /> latter event modifications or changes[, not substantially reducing the frontage or area to <br /> the unit cost per front foot or square foot] may be made without again giving notice of a <br /> hearing as provided in section 12-10[-]; provided that [Such] such modifications or <br /> changes shall not materially alter the general character or plan so advertised[.-] or increase <br /> the total estimated costs of the improvements by more than ten percent. No modification <br /> of or change in the plans and estimates furnished by the [department of water supply] <br /> responsible department or cooperating department shall be made without the consent of <br /> [the department of water supply.] such department." <br />