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E. Determine whether the Variance and Resolution improperly amended the <br /> Development Agreement and Incorporated Ordinances. <br /> Paragraph 27 of the Development Agreement provides: <br /> This Agreement may be amended or canceled in whole or in part by mutual consent <br /> of the parties to this Agreement, or their successors in interest, as further evidenced <br /> by County Council resolution,provided that if the County Council determines that <br /> the proposed amendment would substantially alter the original terms of this <br /> Agreement, a public hearing on the amendment shall be held by the County Council <br /> before it consents to the proposed amendment. <br /> This language echoes both Haw. Rev. Stat. §46-130 and Hawaii County Code Section 30-9's <br /> requirements to amend development agreements. <br /> The process required to amend a County of Hawaii ordinance is a steeper hurdle. <br /> Ordinances are the laws of a county or municipality, and typically only amendable through a <br /> subsequent ordinance. See Revised Charter of the City & County of Honolulu Section 3-204 <br /> (stating "[n]o ordinance shall be amended, revised or repealed by the council except by <br /> ordinance."). The County of Hawaii Charter lacks express language dictating the means to amend <br /> an ordinance. See generally County of Hawaii Charter (lacking similar language to the Revised <br /> Charter of the City& County of Honolulu Section 3-204). <br /> However, Section 2-2 of the County of Hawaii Charter states that "[a]ll powers of the <br /> county shall be carried into execution as provided by this charter or, if the charter makes no <br /> provision, by ordinance or resolution of the county council." Additionally, Section 3-8 of the <br /> Charter states that "[e]very legislative act of the council shall be by ordinance." So, despite not <br /> expressly stating that an"ordinance shall not be amended,revised or repealed by the council except <br /> by ordinance", as the Charter of Honolulu does, the catchall provision of the County of Hawaii <br /> Charter creates a similar mechanism for amending ordinances. <br /> 7 <br /> 843682 <br /> 9 <br />