Council decides whether to adopt the refunding plan

(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, 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 owners of assessment units 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 any assessment unit which has been discharged from the payment of the original assessment. * Editor’s Note: See section 12-27, Hawai‘i County Code, regarding preliminary assessment rolls.