ORD 2013-125 2012-2014 - Laserfiche WebLink

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JNtY Os ............. COUNTY OF HAWAII STATE OF HAWAII .�--Mme, BILL NO. 137 (DRAF'T 3) ORDINANCE NO. 13 125 AN ORDINANCE AMENDING CHAPTER 12, ARTICLE 2, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE PROCEEDINGS FOR THE FORMATION OF IMPROVEMENT DISTRICTS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this ordinance is to amend certain provisions of Chapter 12, Article 2, of the Hawai`i County Code 1983 (2005 Edition, as amended), pertaining to the proceedings for the formation of improvement districts. SECTION 2. Chapter 12, article 2, section 12-17 of the Hawai`i County Code 1983 (2005 Edition, as amended) is amended to read: "Section 12-17. Determination by council. After the hearing provided in section 12-10, the council shall consider any protests, objections or suggestions which may have been made or filed and whether sufficient valid protests have been filed to compel it to abandon any part or all of the proposed improvement. If the council still has jurisdiction to continue it shall then proceed, determining whether or not the proposed improvement shall be made as proposed, or made with modifications[..-] or with changes in the total estimated costs or costs per assessment unit of the improvements set forth in the resolution adopted pursuant to section 12-10(c). In the latter event, modifications or changes[, not substantially unit of assessment, or lessening the unit cost per front foot or square foot] may be made without again giving notice of a hearing as provided in section 12-10[-]; provided that [ ] such modifications or changes shall not materially alter the general character or plan so advertised[-] or increase the total estimated costs or costs per assessment unit of the improvements by more than ten percent or as otherwise set forth in the resolution pursuant to section 12-10(c). No modification of or change in the plans and estimates furnished by the [department of water supply] responsible department or cooperating department shall be made without the consent of [the department of water supply.] such department."