HomeMy WebLinkAboutBIL 127 Draft 01 2000-2002
COUI®TTY O~ II~Wt~I`I STATE OF ~I~?.~~I`I
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OI~DIl®TAl®1CE 1®TO.
AN ORDINANCE AMENDING CHAPTER 12, ARTICLE 5 OF THE HAWAII COUNTY
CODE (1995 EDITION) RELATING TO REFUNDING OF THE OUTSTANDING
INDEBTEDNESS OF IMPROVEMENT DISTRICTS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI` I:
SECTION 1. Purpose. The purpose of this measure is to delete the requirement of
"not more than one reading" for the Council to promulgate a refunding ordinance. The
amendment would bring the Hawai `i County Code into compliance with Section 3-10(a) of
the Hawai `i County Charter which provides that ordinances shall be passed only after two
readings on separate days.
SECTION 2. Chapter 12, Article 5, Section 12-61 of the Hawai `i County Code (1995
Edition) is hereby amended to read as follows:
"Section 12-61. Deterrnination by council.
(a) After the hearing, the council shall consider any protests or suggestions which
may have been made or filed and whether sufficient valid protests have been
filed to compel it to abandon the proposed refunding plan. If the council has
jurisdiction to continue, it shall then proceed to determine whether or not the
refunding plan shall be adopted as proposed, or adopted with modifications. In
the latter event the clerk shall be directed to give notice again of the hearing as
provided in section 12-59.
(b) If after such initial and further advertisement and hearing the council determines
to proceed with the refunding measure, it shall, by ordinance [requiring not more
than one reading for its adoption], promulgate the refunding measure. Should the
refunding project provide for the issuance of new bonds in the improvement
district, the ordinance shall provide for the form of new bonds to be issued,
approve of the assessment roll, and incorporate the assessment roll by reference.
The assessment roll, as provided in section 12-26 shall contain only the names of
the property owners who have not fully paid the assessments originally provided
for the payment of the outstanding improvement bonds and shall provide for the
levying of new assessments in amounts sufficient to retire the refunding bonds to
be issued pursuant to the terms hereof.
(c) After the final enactment of the ordinance, the amounts of the several
assessments listed, advertised or incorporated, not previously objected to, shall
conclusively be presumed to be just and equitable and not in excess of the
special benefits accruing or to accrue by reason of the original improvement
project. Upon final passage of the ordinance as provided above, all assessments
therein made shall be a lien in the same manner and to the same extent as
provided in section 12-32; provided, that in no case shall this new assessment
constitute a lien on property which has been discharged from the payment of the
original assessment."
SECTION 3. Material to be deleted is bracketed. In printing this ordinance, the
brackets and bracketed material need not be included.
SECTION 4. If any provision of this ordinance, or the application thereof to any
person or circumstance, is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are declared to be severable.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
C CI ER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1St Reading:
Date of 2nd Reading:
Effective Date 4 0 5
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