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HomeMy WebLinkAboutORD 1986-004 1984-1988COUNTY OF HAWAII STATE OF HAWAII BILL NO. 11 z ORDINANCE NO. 86 4 AN ORDINANCE FOR TERMINATION OF IMPROVEMENT DISTRICT NO. 10 AND CANCELLATION OF ASSESSMENT INSTALLMENTS AND RELATING TO REFUNDS FOR COUNTY OF HAWAII IMPROVEMENT DISTRICT NO. 10 (KALOKO MAUKA SUBDIVISION, NORTH KONA) BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Cancellation of Installments 14 through 15. Installments 14 through 15 of Improvement District No. 10, Kaloko Mauka Subdivision, are hereby cancelled. SECTION 2. Cash Refunds for Installments 14 through 15. The Director of Finance shall make refunds of the total cash paid on prepaid installments 14 through 15 to the persons who are the owners of the assessed lots at the time of actual refund. SECTION 3. Other Cash Refunds. The Director of Finance is authorized to distribute any cash remaining in the accounts of the improvement district after the refunds authorized in Section 2 above, to the owners at the time of actual refund, a prorata refund equal to the amount necessary to ensure that each lot has paid the same proportionate share of the original assessment; provided, that the Director of Finance may, in determining the amount of such distribution, reduce said amount to such amount as will facilitate the more efficient and expeditious payment of such distribution; and provided, further, that the Director of Finance may reserve such amounts as he deems necessary to cover any outstanding or anticipated debts or obligations of the improvement district, including the costs and expenses of making said distribution of funds to lot owners; the Director of Finance shall make such cash refunds in such amounts and at such times as he finds are reasonable. Notwithstanding any other provisions of this section, no cash refund shall be made for any lot so long as Improvement District assessments for that lot, whether principal, interest, penalty or otherwise, are outstanding. Provided, however, that the cash refund entitlement for any such lot may operate to reduce the amount of any such outstanding amount as of the effective date of this section. SECTION 4. Termination of Improvement District. Improvement District No. 10, Kaloko Mauka Subdivision, shall be terminated at such time as the Director of Finance has determined that all outstanding or anticipated debts or obligations of the improvement district have been paid or can be satisfied, and refund distributions pursuant to Sections 2 and 3 have been made. SECTION 5. In the event that any provision of this ordinance is declared invalid, the invalidity shall not affect other provisions or applications of this ordinance. SECTION 6. This ordinance shall take effect upon its approval. Introduced by: .tom 1'y__ COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: January 22, 1986 Date of 1st Reading: January 22, 1986 Date of 2nd Reading: February 5, 1986 Effective Date: February 13, 1986