(a) 
The Council shall by resolution requiring not more than one (1) reading for its adoption request the Mayor to direct the County Engineer to investigate and report to the Council preliminary data concerning the highway or highways, sanitary sewer system, storm drainage system, water system, sidewalk, bikeway, or street lighting system proposed to be opened, constructed or improved, the general character and extent of any improvement or improvements to be proposed, whether such improvement or improvements should be assessed on a frontage or an area basis, whether it will be necessary to acquire any new land, the estimated cost of acquiring any such land and the proportion of such cost which should be borne by the County, the materials recommended to meet the conditions of the improvement or improvements, the boundaries of the improvement district to be proposed and any subdistricts or zones therein as to which different portions of the cost should be charged, the estimated cost of the improvement or improvements, the portions of the cost to be borne by the County, and the portions of the cost to be specifically assessed against the land specially benefited with the estimated total amount of assessment to be made against each property according to the method of assessment proposed, and to prepare and furnish all necessary preliminary surveys, maps, plans, drawings and other data, details and specifications for the improvement or improvements and any other matters or details intended to apply thereto. The report, when so furnished and filed with the Council, shall not be acted upon until one (1) week has elapsed from the date of the filing of the same.
(b) 
If the improvement, improvements or work proposed to be done includes the construction or improvement of a water system or the laying or installation of conduits, pipes, hydrants or any appliance for supplying or distributing a water supply, the County Engineer shall obtain from the Board of Water Supply preliminary plans and estimates for such proposed water system, and the County Engineer shall furnish the Board of Water Supply with such preliminary plans of the proposed improvement or improvements as will enable the Board of Water Supply to make its plans and estimates for the proposed water system. The County Engineer shall incorporate such preliminary plans and estimates of the Board of Water Supply in the report to the Council.
(c) 
Thereafter the Council may by resolution requiring one (1) reading for its adoption propose the making of an improvement or improvements by specifying, expressly or by reference to data supplied by the County Engineer and theretofore filed with the Council, the streets, sanitary sewer system, storm drainage system, water system, sidewalk, bikeway, or street lighting system to be opened, constructed or improved; the area, owner, so far as known, and the general description and location of new land to be acquired, if any; the materials proposed to be used; the proposed method of assessment including the number of installment payments; the general boundaries of the district, subdistricts and zones to be assessed; and the estimated total amount of assessment against each property. The Council may adopt the plans and estimates furnished by the Board of Water Supply and incorporated in the report of the County Engineer, but may not modify or change the same except with the consent of the Board of Water Supply. If no agreement can be reached, the water system, conduits, pipes, hydrants and other appurtenances for supplying and distributing water shall be omitted from such contemplated improvement or improvements. If the plans and estimates of the Board of Water Supply are adopted by the Council, such plans and estimates shall be referred to and incorporated by reference in such resolution. Such resolution shall refer to and incorporate by reference such surveys, plans, maps and other data reported by the County Engineer as shall be approved by the Council. The resolution shall also fix a date of public hearing upon the proposed improvement or improvements, which date shall be not less than fifteen (15) days after the first publication of notice thereof in a newspaper of general circulation in the County.
(d) 
After the adoption of the resolution, the County Clerk shall cause a notice of the public hearing to be published twice a week for two (2) successive weeks (four (4) publications in all) in a newspaper of general circulation in the County, giving notice generally to all owners and lessees of land proposed to be assessed or acquired and to all others interested in the general details of the proposed improvement or improvements as adopted by the Council, either by express description or by reference to data supplied by the County Engineer and theretofore filed with the Council, and stating the time and place of the public hearing wherein such persons may object to and suggest modifications of the proposed improvement or improvements and may question the benefits of the proposed improvement or improvements to their property and the amount of any assessment thereon, and where the resolutions and reports and other data may be seen and examined prior to the hearing. Not less than ten (10) days before the public hearing, a notice thereof, stating the time and place of the hearing, where persons may object to and suggest modifications of the proposed improvement or improvements and where pertinent data relating to the proposed improvement district may be obtained, shall be mailed to the several owners and lessees on record in the books and records of the Real Property Tax Division of the Department of Finance to their addresses on record at such department, by certified or registered mail with a request for a return receipt. Said notice shall contain a statement that the property described on said notice is proposed to be assessed to pay a portion of the costs of the proposed improvements. Affidavits of publication and mailing shall be filed with the Council at the hearing.
(Ord. No. 156, January 24, 1972; Ord. No. 550, February 10, 1989)
(a) 
If the owners and lessees, as specified herein, of not less than sixty percent (60%) of the frontage of a public highway or public highways to be assessed or of not less than sixty percent (60%) of the area of land to be assessed in a proposed improvement district designated by such persons, shall file with the Council a petition, duly acknowledged by such owners and lessees, requesting the opening or improvement of a public highway or public highways in the proposed improvement district or for the construction or improvement of a storm drainage system, sanitary sewer system, sidewalk, bikeway, water system, or street lighting system, together with the surveys, maps, plans and other preliminary data and estimates mentioned in Section 24-3.1, the Council may reject or accept the petition, and, in the latter case, shall proceed thereon in the same manner as though the plan for such improvement or improvements had been initiated on its own motion, except as is otherwise provided in Section 24-1.1 as to the financing of improvements.
(1) 
The Council shall not make any change or modification of the plans, details or specifications for the proposed improvement or improvements without the written and duly acknowledged consent of the owners and lessees of not less than sixty percent (60%) of the frontage or area of the land to be assessed; except that the Council may delete or modify any part of the plans which contemplates payment by the County for such part of the proposed improvement or improvements.
(2) 
The cost of engineering, incidentals, inspection, surveys, maps, plans, specifications, other engineering data, land acquisition, publication of notices of hearing, mailing notices to owners and lessees, services of legal counsel, services of bond counsel, printing of bonds, bond discounts, preparation and printing of an official statement relating to the bonds, publication and distribution of notice of sale of bonds, execution and delivery of bonds, registrars' and paying agents' fees and expenses, other reimbursements to registrars and paying agents and publication and mailing of notices of redemption, rating agency fees, the cost of funding a debt service reserve fund for the payment of the principal of and interest on bonds (if permitted by law), premiums for municipal bond insurance to insure the timely payment of the principal of and interest on bonds and/or to insure in lieu of funding a debt service reserve for bonds and fees for letters of credit and other credit enhancements to secure the timely payment of the principal of and interest on bonds, shall be included in the cost of the improvement or improvements.
(3) 
The term "lessee" as used in this Chapter refers to a lessee of property to be assessed, who by the express terms of the lease must pay the kind of assessment contemplated by this Chapter. Such lessee must join in the petition with the lessor unless the lessor files with the petition a duly acknowledged assumption of responsibility to pay the proposed assessments and release the lessee from payment or reimbursement to the lessor of such assessment.
(4) 
No sidewalks shall be constructed independently of any other improvements under any provision of this Chapter, unless the highway along which the construction of such sidewalk is proposed shall have existing right-of-way width at least equal to the width, if indicated, in County standards.
(b) 
An improvement district under the provisions of this Section may be initiated by the Council on its own motion as an alternative to initiation by petition of the owners and lessees as hereinabove provided. Under this alternative method the duly acknowledged written consent of such owners and lessees of not less than sixty percent (60%) of the frontage or area of land to be assessed shall be obtained before proceeding with the improvement or improvements.
(c) 
No such improvement or improvements shall be approved by the Council unless:
(1) 
The assessed valuation for real property tax purposes of the land to be improved is twice the estimated cost of the proposed improvement, or
(2) 
The Council by resolution finds the appraised value of the land in accordance with prevailing standards of appraisal then used by banks for loans thereon is twice the estimated cost of the proposed improvement and that the approval is in the public interest;
provided that the improvement or improvements may be approved by the Council upon the petitioners paying in cash or by certified check the difference in amount necessary to equal twice the land valuation under whichever land valuation method selected herein. The payment shall be applied against the total amount of cost of improvement or improvements.
(Ord. No. 156, January 24, 1972; Ord. No. 550, February 10, 1989)
(a) 
If a duly acknowledged petition is filed by all the owners and lessees of one hundred percent (100%) of the frontage to be assessed upon any public highway or of one hundred percent (100%) of the area of land to be assessed, designated by such persons as a proposed improvement district, requesting the type of improvements mentioned in Section 24-3.2, the Council shall proceed in the manner specified in such Section 24-3.2 and all the provisions therein shall be applicable; provided that "one hundred percent (100%)" shall be substituted wherever "sixty percent (60%)" appears, and that it will be unnecessary to give notice of the proposed improvements or call for a public hearing as provided in Section 24-3.1, and provided further that if all of such owners and lessees shall file a duly acknowledged written consent to the amount and apportionment of the proposed assessments, it shall be unnecessary to give the notice or to hold the hearing specified by Section 24-3.8 and the Council may immediately proceed to fix the assessments in the manner provided by Section 24-4.1.
(b) 
Any of the provisions of this Article may be waived in writing by the owner of all property in the district which is to be assessed, and by the Mayor if the County is to bear any of the costs of the improvements. Such a waiver must state the requirements of this Article which are being waived. No person shall be permitted to withdraw a written waiver once it has been submitted to the County Council for consideration. The authorization for such a waiver shall be contained within the ordinance establishing the District.
(Ord. No. 156, January 24, 1972; Ord. No. 550, February 10, 1989)
(a) 
Protests, Objections and Suggestions. Any owner of property proposed to be assessed may at any time prior to or at the public hearing file in writing, with the Council, any protest, objection or suggestions as to the proposed improvement, stating briefly his or her reason therefor, or present the same in person orally, at the public hearing. If fifty-five percent (55%) of the property owners of the total frontage or area to be assessed for improvements, at the hearing or prior thereto, file with the Council written protests, duly acknowledged by the owners, against the making of the improvements or against any part of the plan therefor, the improvements shall not be made contrary to the protest.
(1) 
If the protest is against the making of any improvement, the improvement shall not be made, and the proceedings shall not be renewed within six (6) months from the date of closing the public hearing, unless each and every owner protesting withdraws his or her protest.
(2) 
Any lessee of any property to be assessed under this Chapter, who by the express terms of his or her lease must pay the kind of assessments contemplated by this part, shall be subrogated to all the rights of the owner to protest by filing with the Council prior to or at the hearing a certified copy of his or her lease, together with a citation of the book and page of the public record of the same if it is recorded; provided that any lessor of a lessee, or any owner of the property to be assessed, may, at any time before the closing of the public hearing, make void the protest or the rights of protest of any lessee of the property on consideration of filing with the Council a duly acknowledged waiver of the stipulation in the lease which required the lessee to pay the special assessment, and a written undertaking by the lessor or owner to pay the special assessment to be made under the proposed improvement.
(b) 
After the hearing provided in Section 24-3.1, the Council shall determine whether or not the proposed improvement or improvements shall be made and whether with or without modification. No modification shall be made without public hearing as provided for in Section 24-3.1 which would substantially reduce the frontage or area to be assessed or increase the proposed assessment beyond ten percent (10%) of the estimated total amount of assessment against all properties as specified in the resolution proposing the making of the improvement or improvements, or materially alter the general character or plan of improvement or improvements advertised, except that one (1) or more areas of an independent sanitary sewer improvement district embracing two (2) or more separate areas may be deleted without the aforesaid hearing. No modification in the plans or estimates furnished by the Board of Water Supply shall be made without its consent.
(1) 
If, after such initial or further hearing, the Council determines to proceed with the improvement or improvements, it shall by resolution requiring not more than one (1) reading for its adoption create, define and establish the improvement district, define the extent and describe the general details of the proposed improvement or improvements, describe each parcel of land to be acquired, declare the part or portion of the cost of improvement or improvements to be borne by the County, declare the method of assessment, determine the extent of frontage area of land to be assessed and that such property to be assessed is specially benefited, describe the materials to be used, and request the Mayor to direct the County Engineer to prepare a map of the improvement district showing the exact location of the proposed improvement or improvements together with final details, plans and specifications for the work in a form to call for and encourage competitive bidding, wherever feasible. The description and definition herein required may be set forth expressly in such resolution or be incorporated therein by referring to the data of the County Engineer theretofore filed with the Council.
(2) 
If the proposed improvement or improvements include the construction or improvement of a water system, the resolution shall request the Board of Water Supply to furnish final details, plans and specifications for adequate and appropriate conduits, pipes, hydrants and other appurtenances including reservoir and booster pumps for such water system and shall also request the Mayor to direct the County Engineer to furnish the Board of Water Supply with such copies of final surveys, maps and plans of the proposed improvement or improvements necessary for the preparation of the final plans and specifications for such water system. The Board of Water Supply need not furnish such plans and specifications where the County has not appropriated its share of the cost.
(3) 
In submitting the report as required by the resolution, the data may expressly be set forth in the report or may be incorporated therein by referring to the data theretofore filed with the Council by the County Engineer and the Board of Water Supply. The map of the improvement district showing the exact location of the proposed improvement or improvements, and the final details, plans and specifications of the County Engineer and the Board of Water Supply shall be incorporated by reference in a resolution to be used as the basis for the calling for bids and awarding of contract.
(c) 
In case the improvement or improvements so determined upon require the acquisition of any new land therefor, the Council shall acquire the same before final award of the contract, either by deed, or other voluntary conveyance from the owners thereof, or it may, at its option, and in the name of the County cause condemnation proceedings to be brought to acquire the same in like manner as by law provided or in like proceedings when brought by the State, and after the filing of the petition in such proceedings the final award of the contract may be made. If the cost of acquiring such land exceeds the estimate therefor, the Council may provide for the excess cost by general appropriation.
(d) 
In the event that land has been acquired by condemnation under the provisions of Chapter 101, Hawai'i Revised Statutes, and in the award made on the condemnation there has been deducted from the compensation or damages otherwise payable to the landowners any amount by reason of the fact that land of such landowner not sought to be condemned would be benefited by the construction of an improvement or improvements proposed to be made after the condemnation, it shall be unlawful to make any assessments against such land under this Chapter without having first credited against the amount for which the land would otherwise have been assessed the amount that has been deducted in the award made on condemnation for benefits by reason of the construction of an improvement or improvements proposed to be made after condemnation.
(Ord. No. 156, January 24, 1972; Ord. No. 550, February 10, 1989)
(a) 
Notwithstanding any provisions of this Chapter to the contrary, the actual construction of any improvement under this Chapter shall not be commenced unless the improvement shall conform to, or shall not be inconsistent with, the General Plan and Development Plan of the County.
(b) 
Any improvement district project involving the construction or improvement of any street shall include the construction or improvement:
(1) 
Of any portion of a general planned or development planned street, which is situated within the proposed improvement district and which will connect two (2) or more streets, existing or to be constructed under the proposed improvement district, situated within such improvement district; and
(2) 
Of any general planned or development planned dead end street which is situated wholly within the proposed improvement district.
(Ord. No. 550, February 10, 1989)
(a) 
All improvements made under the provisions of this Chapter shall be constructed under contract let to the lowest responsible and reliable bidder therefor, after public advertisement by the Council in a newspaper of general circulation published in the County three (3) times in one (1) week.
(1) 
The Council may either let the work as an entire contract, or in its discretion, make one (1) or more contracts separately for the different kinds of work to be performed, or for the improvement of different highways or parts of highways, to be improved under one (1) proceeding.
(2) 
Pursuant to Section 103-28 and Section 103-30, Hawai'i Revised Statutes, all bids shall be accompanied by a deposit of legal tender or by a certificate of deposit or certified check, on a bank doing business within the State or a sufficient surety bond payable to and in favor of the County for or in the sum equal to five percent (5%) of the amount bid; provided, that when the bid exceeds fifty thousand dollars ($50,000.00), the aforesaid deposit, certificate, check, or bond shall be for two thousand five hundred dollars ($2,500.00) plus two percent (2%) of the amount in excess of fifty thousand dollars ($50,000.00), which shall be forfeited to the County unless the successful bidder signs the contract and furnishes an approved bond within the time specified by the Council.
(3) 
No contract shall be made without a bond to the County, for the faithful performance of such contract, in an amount not less than fifty percent (50%) of the contract price, with at least two (2) sufficient sureties, each of whom shall be worth not less than the full amount of the bond over and above all property exempt from execution, and who shall, upon the written demand of the Councilmembers or of any owner of property subject to assessment, be required to justify thereon on an examination under oath before the Council; provided that instead of personal sureties, a duly qualified surety company may be substituted as provided by law. If upon such examination any surety is held insufficient, a new bond with sufficient sureties shall be filed by the successful bidder within the time specified and allowed by the Council, or the contract to him or her and the deposit shall be forfeited.
(4) 
Upon the contract being signed and a sufficient bond furnished as aforesaid, the deposit made with the bid shall be returned to the contractor.
(5) 
Any other method of letting contracts shall be illegal and void.
(b) 
The Council may, any other provision of the law to the contrary notwithstanding, let the contract without having the total amount of the contract price available, and if the completion of the contract will extend beyond the fiscal year in which the same is executed it may be let without the Council appropriating the total amount the County is obliged to pay towards the contract price. In the latter event, however, the County must have available and appropriated at the time of letting the contract, if the same is to be completed during the next succeeding fiscal year, at least fifty percent (50%) or if the same by its terms is not to be completed until beyond the next succeeding fiscal year at least thirty-three and one-third percent (33-1/3%) of the amount the County is obliged to pay toward the contract price and the balance shall in the first event be a first charge on the revenues of the County for the next succeeding fiscal year, and in the latter event to be a first charge on the revenues of each of the next two (2) succeeding fiscal years in the amount that the same will be required during such fiscal years, but in an amount of not less than fifty percent (50%) of the balance at the beginning of the first succeeding fiscal year and the remainder at the beginning of the second succeeding fiscal year. Pursuant to the Charter, the contract shall not be legal unless, before it is let, the Council by ordinance provides for the automatic appropriation at the beginning of the next succeeding fiscal years of the amounts herein made a first charge on the revenues of the County for such fiscal year and the Director of Finance of the County shall make the appropriations in the books as by the ordinance provided.
(c) 
The lowest responsible bidder may be awarded a conditional contract subject to public hearings, equalization hearings, and the assessment ordinance being adopted.
(d) 
Notwithstanding any other provision to the contrary, the Council may request the Mayor to direct the County Engineer and Finance Department to let the contract pursuant to the procedures specified in Section 24-3.6.
(Ord. No. 156, January 24, 1972; Ord. No. 550, February 10, 1989)
(a) 
Water System. If an improvement or work includes the construction or improvement of a water system as aforesaid, the Board of Water Supply shall maintain an inspector over the work to see that the plans and specifications which it has furnished have been complied with. After the work has been completed and accepted, the water system, pipes, conduits, hydrants and other appurtenances for supplying or distributing water so installed shall constitute a part of the system of the Board of Water Supply and shall at all times thereafter be used, operated and maintained by it as a part of its system.
(b) 
The County may maintain an inspector over the work to see that the plans and specifications have been complied with, and such inspection costs shall be borne as provided by Section 24-2.1 et seq. After the work has been accepted by the County, the public facilities shall be a part of the County system, and shall at all times thereafter be used, operated, and maintained by the County as part of its system.
(Ord. No. 156, January 24, 1972; Ord. No. 550, February 10, 1989)
(a) 
After the bid of the lowest responsible and reliable bidder has been received for the construction of the improvements, and it has been determined by the County Engineer that the total amount of assessments against all properties within the improvement district, based on the bid, will not exceed ten percent (10%) of the estimated total amount of assessments of all such properties as specified in the resolution proposing the making of the improvement or improvements, another such public hearing will not be required and the County Engineer shall thereupon proceed to prepare an assessment map similar to that required under Section 24-3.1 and an assessment roll and description of properties to be assessed showing in detail the proportionate amount per front foot and the exterior boundaries of the lands subject to the assessment, if the assessment is to be made on such basis, or the rate per square foot and the area of the lands subject to the assessment, if the assessment is to be made according to area, proposed to be assessed against the property in the benefited district or in the several subdistricts or zones thereof, if any, and a list of all owners and lessees on record in the books and records of the Real Property Tax Division of the Department of Finance of the land fronting upon such highway or highways or situated within the improvement district.
(b) 
The Council shall thereupon by advertisement and mailing in the same manner as that provided in Section 24-3.1 give notice of the total amount of the cost of the improvement or improvements based upon the bid of the lowest responsible and reliable bidder, the share per front foot or per square foot, as the case may be, proposed to be charged to the benefited district or subdistricts or zones, if any, and the assessment map, assessment roll and description of properties being available for examination at the office of the County Engineer during business hours at any time prior to and including the date fixed for hearing.
(c) 
The notice shall also fix a date and place when a public hearing will be had and the Council will sit as a board of equalization to receive complaints or objections respecting the total amounts of the proposed several assessments, which date shall not be less than ten (10) days nor more than three (3) weeks after the date of the first newspaper publication of the notice.
(d) 
The Council may, any other provision of the law to the contrary notwithstanding, give notice and hold the assessment hearing as aforesaid prior to advertising for bids on any project in which the total assessment is based on a rate fixed by Section 24-1.2.
(Ord. No. 156, January 24, 1972; Ord. No. 550, February 10, 1989)