The council on its own motion may commence proceedings for making special improvements pursuant to this article, and the mayor may submit to the council recommendations for making such improvements. Such a recommendation by the mayor shall include a general description of the character and extent of the proposed improvement and a description of the boundaries of the proposed improvement district, together with any other matters or details relating thereto which the mayor deems advisable. (Ord. 801 § 1 (part), 1974: prior code § 25-2.1)

The owners of not less than sixty percent of the area of land which is both within the boundaries designated by them as a proposed improvement district and subject to assessment for the proposed improvement may file with the mayor a petition duly signed and acknowledged by the owners requesting the making of special improvements pursuant to this article. Such a petition shall include a general description of the character and extent of the proposed improvement, together with any other matters or details relating thereto with respect to which the owners desire to make suggestions, and may contain or be accompanied by the data and documents to be included in the preliminary report pursuant to Section 14.42.010, and such petition may also contain or be accompanied by the data and documents to be included in the final report pursuant to Section 14.42.070 and the assessment report pursuant to Section 14.42.100. The cost of obtaining and preparing the data and documents contained in or accompanying the petition as set forth in this section, if stated in the petition and approved by the director of public works in his report pursuant to Section 14.40.060, shall be deemed part of the cost of the improvement. (Ord. 801 § 1 (part), 1974: prior code § 25-2.2)

If any property in the area designated as a proposed improvement district in a petition filed pursuant to Section 14.40.020 is subject to a lease by the express terms of which the lessee must pay the kind of assessment contemplated by this article, then such property shall not be included in computing the percentage of the area of land represented by such petition unless the lessor shall, with the petition, file a duly acknowledged waiver of the stipulation in the lease which requires the lessee to pay the special assessments to be made for the proposed improvement, or both the owner and lessee of such property duly sign the petition. Petitions so filed shall contain a certification, applicable to the respective properties of the respective owners, that except as set forth in the petition no property represented by the petition is subject to a lease with express terms as set forth in this section. (Ord. 826 § 1(a), 1975: Ord. 801 § 1 (part), 1974: prior code § 25-2.2.1)

If the owners who sign a petition filed pursuant to Section 14.40.030 are less than four in number, the council may require them to advance, subject to reimbursement from the proceeds of sale of bonds, reasonable amounts to cover estimated costs to be incurred by the county prior to receipt of proceeds of sale of bonds. (Ord. 801 § 1 (part), 1974: prior code § 25-2.2.2)

A. If any property in the area designated as a proposed improvement district in a petition filed pursuant to Section 14.40.020 is proposed to be improved by installation of any improvement which is or will be required pursuant to the provisions of Section 18.20.010 through 18.20.140 and 18.20.240, the petition must be signed and acknowledged by the owner of such property and the final plat of the subdivision must be recorded with the Bureau of Conveyances and the Department of Taxation of the state prior to the final passage of the ordinance levying assessments. In the event the subdivision contains lots zoned for single-family residential use, the petition must include a stipulation that such owner will enter into an agreement with the county containing provisions satisfactory to the director of planning and the director of public works pertaining to the ratio between the amount assessed upon each such lot and the price for which each such lot will be sold. If such petition is accepted by the council, the preliminary report shall include proposed provisions of such agreement and the resolution creating the proposed improvement district shall not be adopted until such agreement containing the proposed provisions, or such variations thereof as the council determines to be advisable, has been executed.

B. After adoption of the resolution creating the proposed improvement district and receipt of construction bids, if the owner of such property consents in writing to the amounts proposed to be assessed upon each subdivision lot, then for the purpose of Sections 18.20.180 through 18.20.220, the creation of the improvement district and the consent shall be deemed to constitute other security which may be accepted by the planning director and approved by the county attorney. (Ord. 801 § 1 (part), 1974: prior code § 25-2.2.3)

Upon filing of a petition of owners, such petitions shall be referred to the director of public works to verify and report to the mayor concerning the sufficiency of such petition. If Section 14.40.040 is applicable, such report shall include an estimate of costs likely to be incurred by the county prior to receipt of proceeds of sale of bonds. If Section 14.40.080 is applicable, such report shall include data and documentation with respect to assessed valuation and/or fair market value for the purposes of subsections A and B in Section 14.40.070. Upon completion of such report, the mayor shall submit the petition to the council with his recommendation thereon. (Ord. 801 § 1 (part), 1974: prior code § 25-2.2.4)

A. The council may accept or reject recommendations submitted by and petitions filed with the mayor, except that no petition by the owners of one hundred percent of the assessable property within the area designated by them as a proposed improvement district shall be accepted by the council unless:

1. The assessed valuation for taxation purposes of the land proposed to be assessed is at least twice the estimated cost of the proposed improvement; or

2. The council by resolution finds and determines that the fair market value of such land after the proposed improvements are completed, in accordance with prevailing standards of appraisal then used by banks for loans thereon, will be at least twice the estimated cost of the proposed improvement and that such acceptance is in the public interest.

B. If the council on its own motion commences proceedings pursuant to this article or if the council accepts a recommendation made by or a petition filed with the mayor, the council shall by resolution set forth a general description of the character and extent of the proposed improvement and a description of the boundaries of the proposed improvement district, which may be by reference to such recommendation of the mayor or petition of owners in the event the proceedings are initiated thereby, and refer the matter to the mayor for investigation and preparation of a preliminary report concerning the proposed special improvement pursuant to Section 14.42.010. (Ord. 826 § 1(b), 1975: Ord. 801 § 1 (part), 1974: prior code § 25-2.3)

A. If the proceedings are initiated by a petition of owners of one hundred percent of the area of land which is both within the boundaries designated by them as a proposed improvement district and subject to assessment for the proposed improvement, and if such petition contains or is accompanied by the data and documents to be included in the preliminary engineer’s report pursuant to Section 14.42.010, then if the director of public works has approved thereof, or recommended changes or modifications therein which would not require further hearing pursuant to Section 14.46.120, it shall not be necessary to prepare a preliminary report as provided in Section 14.40.070, or to hold the hearing provided for in Section 14.46.070, nor shall it be necessary for the clerk to give, publish, mail or post notices of the proposed improvements as provided in Chapter 14.44, and Section 14.46.010 shall be inapplicable thereto. The council may, in the resolution adopted pursuant to Section 14.40.070, create the improvement district as provided in Section 14.46.080 and refer the matter to the mayor for preparation of a final report pursuant to Section 14.42.070; provided further, that if the council so creates the improvement district and if such petition also contains or is accompanied by the data and documents to included in the final report pursuant to Section 14.42.070, then if the director of public works has approved thereof, or recommended changes and modifications therein which would not require further hearing pursuant to Section 14.46.120, it shall not be necessary to prepare a final report as provided in Section 14.46.080, and the director of finance may call for construction bids as provided in Section 14.42.090. If such petition contains or is accompanied by the data and documents to be included in the assessment report pursuant to Section 14.42.100 and if the low construction bid received is within the estimate of costs, or if not, and the owners of one hundred percent as aforesaid consent, in writing, to the necessary increase in the assessments proposed in the petition, to cover the resulting increased costs of the improvements, then it shall not be necessary to prepare an assessment report as provided in Section 14.42.100, or to hold the hearing provided for in Section 14.46.090, nor shall it be necessary for the clerk to give, publish, mail or post notices of the proposed assessments as provided in Chapter 14.44, and the council may proceed to levy the assessment as provided in Section 14.46.150.

B. In the event the council levies the assessment without notices and the hearing provided for in Section 14.46.090, as provided in this section, no bonds shall be issued pursuant to Chapter 14.52 unless and until petitioners furnish to county an acceptable title report showing that on the date of publication of notice of assessment, as provided in Section 14.50.040, none of the land which was assessed for the proposed improvements was owned by or subject to any encumbrance in favor of any person who did not sign the petition. (Ord. 801 § 1 (part), 1974: prior code § 25-2.3.1)

Resolutions adopted pursuant to Sections 14.40.070 and 14.40.080 shall be given a descriptive title indicating the general nature and/or location of the proposed improvements, together with a numerical designation for the improvement district, to be thereafter used in the proceedings, and shall be presented to the mayor pursuant to Section 4.3 of the Charter of the county of Maui. (Ord. 801 § 1 (part), 1974: prior code § 25-2.3.2)