Approving the ordinance that creates the district

A. If the council determines to establish the district, it shall approve an ordinance of formation. The ordinance of formation shall contain the following, but no provision which was successfully protested pursuant to section 3.75.180 shall be included: 1. The name of the district. 2. The term of the district. 3. The boundaries of the district. 4. The special improvements to be financed by the district. 5. The incidental expenses to be paid from the special tax. 6. The rate and method of apportionment of the special tax levied within the district. In accordance with section 46-80.1, Hawaiʻi Revised Statutes, there is no requirement that the special tax imposed be fixed in an amount or apportioned on the basis of special benefit to be conveyed on property by the special improvement, or that the special improvement convey a special benefit on any property in the district. It shall be sufficient that the council determines that the property to be subject to the special tax is improved or benefited by the special improvement in a general manner or in any other manner. The special improvement may also benefit property outside the district. The rate and method of apportionment may include a formula that is based on assessed values of property as appropriate (subject to the advice of counsel). 7. The principal amount of bonds to be issued for financing the special improvements of the district. 8. Any other information required by this chapter. B. When the ordinance of formation is passed on second reading, the council shall determine whether all proceedings were valid and in conformity with the requirements of this chapter. If the council so determines, it shall make a finding to that effect. The finding shall be final and conclusive. ( Ord. No. 4947 , § 1, 2018)