Chapter 12 Improvements by Assessments

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§ 12-17H AWAI‘I C OUNTY C ODE 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 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 responsible department or cooperating department shall be made without the consent of such department. (1983 CC, c 12, art 2, sec 12-17; am 2013, ord 13-125, sec 2.)12-17 Section 12-18. Resolution to define extent of improvement. If, after initial or further advertisement and hearing when no changes are made which will require further advertisement or hearing, the council determines to proceed with the improvements, it shall, by resolution requiring not more than one reading for its adoption: (1) Create, define, and establish the extent of the frontage improvement or the improvement district to be assessed; (2) Define the kind, extent, and general details of the proposed improvements; (3) Describe each parcel of land to be acquired, if any; (4) Declare the part or proportion of the cost of the improvement which is to be borne by the County; (5) Describe the assessment units and method of assessment, including, if applicable, any affected assessment units with respect to a reasonably anticipated future change in classification or use and the related changes in assessments to be effective upon such change in classification or use; (6) Describe the kinds of materials to be used; (7) Direct the responsible director or manager as provided in section 12-19; (8) If the proposed improvement includes construction or improvements of a water system, make requests as provided in section 12-20; and (9) If the improvement district includes any affected assessment units, as identified pursuant to paragraph (5) above, approve the change in assessments upon the change in classification or use of such assessment units, provided that (A) the changed assessments are consistent with the assessments against other comparable assessment units within the improvement district, and (B) the changed assessments have the effect of reducing the assessments against assessment units other than the affected assessment units. (1983 CC, c 12, art 2, sec 12-18; am 1995, ord 95-22, sec 6; am 2001, ord 01-108, sec 1; am 2002, ord 02-82, sec 11; am 2011, ord 11-66, sec 6; am 2020, ord 20-7, sec 5.)12-18 SUPP. 8 (7-2020) 12-16