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KCC §24-6.4

Council decides whether to adopt the refunding plan

Read the official text at ecode360.com ↗

After the hearing, the Council considers any protests and decides whether to adopt the refunding plan as proposed or with changes. If changes are made, a new hearing notice is required. If the plan proceeds, the Council passes an ordinance that includes new bond details and assessments, which become a lien on property.

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The ordinance, as written (Kauaʻi County) — Determination by Council

A copy, taken August 22, 2026. The version published by Kauaʻi County is the one that governs, and it may have changed since. Check it before relying on anything here.

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 still 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, and in the latter event the County Clerk shall be directed to give notice again of the hearing as provided in Section 24-6.2(a)(2). 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 improvement district bonds in the improvement district, the ordinance shall provide for the form of new improvement district bonds to be issued, approve of the assessment roll, and incorporate the same by reference, which assessment roll as provided in Section 24-3.8, 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 improvement district refunding bonds to be issued pursuant to the terms hereof. After the final enactment of the ordinance the amounts of the several assessments so 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 24-4.4; 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.
Read the official text at ecode360.com ↗as published Jan 1, 2026our copy taken Aug 22, 2026

The County of Kauaʻi publishes this code through eCode360 and states that it is provided for information only and should not be considered the official version of the Code.

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.