Title 14 PUBLIC SERVICES
Chapter 14.42 COUNCIL ACTION AND REPORTS
14.42.010 Preliminary report--Contents.
14.42.020 Preliminary report--Plans and estimates required for proposed water system or facilities.
14.42.030 Boundary--Description.
14.42.040 Consultation with director of finance and consultants.
14.42.050 Preliminary report--Resolution proposing improvements.
14.42.060 Resolution proposing improvements--Description by reference.
14.42.070 Final report--Preparation and contents.
14.42.080 Final report--Plans and specifications required for proposed water system or facilities.
14.42.090 Final report--Bid procedure.
14.42.100 Assessment report.
14.42.110 Assessment hearing.
14.42.120 Additional data and documents--Incorporation by reference.
14.42.010 Preliminary report--Contents.
The preliminary report shall be prepared by the director of public works
and shall contain the following:
A. A detailed description of the
character and extent of the proposed improvement, including the materials
recommended, together with a map or plat showing the general location of the
improvements to be constructed and such preliminary drawings and specifications
as may be necessary and useful in connection therewith;
B. A description
of the boundaries of the proposed improvement district, including any zones
therein as to which different portions of the cost should be charged, if
any;
C. A general description of acquisitions necessary to complete or
be useful in connection with the proposed improvement, if any;
D. An
estimate of the cost of the proposed improvement, including acquisitions, if
any;
E. An estimate of the portions of the cost to be paid by the county
pursuant to Section 14.38.020, and by contribution by the county or others
pursuant to Sections 14.38.060 and 14.38.070, if any;
F. The method by
which it is proposed to assess the portion of the cost to be specially assessed
in proportion to the estimated benefits to be received by each lot or parcel
within the proposed improvement district which is benefited by the improvement,
whether on a frontage or area basis or otherwise;
G. The estimated
maximum unit or rate assessment resulting from the method of
assessment;
H. The names and addresses of all owners and lessees of the
lots and parcels of land within the proposed improvement district as same appear
in the records of the Department of Taxation of the state, or as otherwise known
to the director of public works if not shown in the
records;
I. Recommendations with respect to the minimum number of
installment payments for unpaid assessments and the maximum term of improvement
bonds to be issued to represent unpaid assessments; the maximum rate of interest
to be borne by the bonds; the premium required to be paid on the advance payment
of unpaid assessment installments and the call and redemption of any bond prior
to its maturity, which shall not exceed five percent of the unpaid amount and
the face amount thereof, respectively; and the amount of the reserve fund, if
any. (Ord. 801 § 1 (part), 1974: prior code § 25-3.1)
14.42.020 Preliminary report--Plans and estimates required for proposed water system or facilities.
If the proposed improvement 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 director of public
works shall obtain from the department of water supply preliminary plans and
estimates for such proposed water system, or other facilities; and the director
of public works shall furnish the department of water supply with such
preliminary plans of the proposed improvement as will enable the department of
water supply to make its plans and estimates for such proposed water system or
other facilities. The director of public works shall incorporate such
preliminary plans and estimates of the department of water supply in his report
to the council. (Ord. 801 § 1 (part), 1974: prior code §
25-3.1.1)
14.42.030 Boundary--Description.
The improvement district boundaries may be described either by stating the
metes and bounds of its exterior boundaries, or a plat or map which indicates by
a boundary line the territory included in the proposed improvement district.
(Ord. 801 § 1 (part), 1974: prior code § 25-3.1.2)
14.42.040 Consultation with director of finance and consultants.
In preparing the reports required by Sections 14.42.0l0, 14.42.070 and
14.42.100, the director of public works may consult with the county director of
finance and with such consultants as may be specially employed to assist in the
proceedings. (Ord. 801 § 1 (part), 1974: prior code §
25-3.2)
14.42.050 Preliminary report--Resolution proposing improvements.
Upon preparation and filing with the council of the preliminary report,
the council may by resolution propose the making of the improvements described
in the report, or such portion thereof as it deems advisable. Such resolution
shall set forth a detailed description of the improvements proposed to be made
including the materials proposed to be used, and a description of the boundaries
of the proposed improvement district. The resolution shall refer to and
incorporate by reference such preliminary drawings and specifications as are
included in such preliminary report and are approved by the council, and if such
report describes the boundaries by a plat or map, as provided in Section
14.42.030, the resolution may describe the boundaries of the proposed
improvement district by referring to and incorporating by reference the plat or
map, which plat or map shall thereafter govern for all details as to the
territory within the improvement district. Such resolution shall also refer to
and incorporate by reference the other matters contained in the report which are
approved by the council, and if any of same are not approved by the council,
such resolution shall set forth such variations thereof as the council
determines are advisable. Such resolution shall also fix a date, time and place
of public hearing upon the proposed improvement. (Ord. 801 § 1 (part),
1974: prior code § 25-3.3)
14.42.060 Resolution proposing improvements--Description by reference.
In all resolutions, ordinances, notices and determinations subsequent to
the adoption of the resolution proposing to make improvements it shall not be
necessary to set forth a detailed description of the proposed improvements or
the materials proposed to be used nor a description of the boundaries of the
improvement district; and it shall be sufficient to set forth therein only a
general description of the character and extent of the proposed improvement and
a reference to the resolution proposing to make improvements for a detailed
description of the improvement and a description of the boundaries of the
improvement district. (Ord. 801 § 1 (part), 1974: prior code §
25-3.3.1)
14.42.070 Final report--Preparation and contents.
The final report shall be prepared by the director of public works and
shall contain the following:
A. A map or plat on which are shown the
exact location of the improvements to be constructed and the rights-of-way and
easements to be acquired, if any;
B. Legal descriptions of the
rights-of-way and easements to be acquired, if any, in such form as may be
necessary for the filing of a petition in condemnation
proceedings;
C. Final plans, details and specifications for the
improvements to be constructed, in such form as will permit and encourage
genuine competition between contractors, insofar as the materials specified will
permit such competition. (Ord. 801 § 1 (part), 1974: prior code §
25-3.4)
14.42.080 Final report--Plans and specifications required for proposed water system or facilities.
If the proposed improvement 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 director of public
works shall obtain from the department of water supply final plans, details and
specifications therefor. The director of public works shall furnish the
department of water supply with such final surveys and plans of the proposed
improvement other than such water system or other facilities, as will enable the
department of water supply to prepare the final plans and specifications for
such water system or other facilities; provided, that the department of water
supply shall not be required to furnish such final plans and specifications
unless and until its costs for preparation of same have been included in its
budget or the budget of the county or otherwise provided for in the event the
proceedings are terminated pursuant to Section 14.38.080. The director of public
works shall incorporate such final plans and specifications of the department of
water supply in his report to the council. (Ord. 801 § 1 (part), 1974:
prior code § 25-3.4.1)
14.42.090 Final report--Bid procedure.
When the final report is filed with the council and by resolution approved
and adopted by the council, the director of finance shall call for bids for the
improvements to be constructed. The call for bids shall be advertised as
provided by law. The director of finance may call for bids and let the work,
either as an entire contract or, in his discretion, as one or more separate
contracts for the different kinds of work to be performed of for the different
improvements or parts thereof to be constructed under one proceeding, consistent
with Chapter 103 of the Hawaii Revised Statutes. If bids are to be called for
two or more separate contracts, the bids for different contracts may be called
for, and the work let, at different times. All bids must be accompanied by a
certified check, or its equivalent, payable to the county, for not less than
five percent of the amount of the bid, which check, or its equivalent, shall be
forfeited to the county unless the successful bidder signs the contract and
furnishes an approved bond within the time specified in the specifications.
(Ord. 801 § 1 (part), 1974: prior code § 25-3.5)
14.42.100 Assessment report.
A. Upon receipt of bids for the improvements to be constructed, the
director of finance may award the contract or contracts for such improvements,
which award shall be subject to the provisions of Section 103-39 of the Hawaii
Revised Statutes, and Section 14.48.080, and the director of public works shall
prepare an assessment report, which shall contain the following:
1. An
assessment map or plat showing the location, boundaries and dimensions of each
separate lot or parcel of land to be assessed, as the same existed at the time
of adoption of the resolution directing preparation of the assessment report,
each of which lots or parcels, including each apartment where the land is
submitted to a horizontal property regime pursuant to Chapter 514 of the Hawaii
Revised Statutes, shall be given a separate number upon the map or
plat;
2. A revised estimate of the costs of the improvement based upon
the lowest bid or bids received from a responsible bidder or bidders, if
necessary;
3. A preliminary assessment roll showing for each such lot or
parcel (including those with respect to which the county, pursuant to Section
14.38.020, is required to pay the portion of the cost of such improvement
otherwise assessable against same) the following:
a. The number thereof
as shown on the map or plat provided for in subdivision 1 of this
subsection,
b. The description thereof, by Tax Map Key Number as same
appears in the records of the Department of Taxation of the state or, if no such
number appears in the records, by reference to the dimension and location
thereof as shown on the map or plat provided for in subdivision 1 of this
subsection; and with respect to lots or parcels for which the roll includes such
a Tax Map Key Number, it shall not be necessary to show the dimensions thereof
on the map or plat as provided in this subsection,
c. The zone in which
lot or parcel is located, if there are zones as to which different portions of
the cost are charged,
d. The unit or rate of assessment applicable
thereto,
e. The amount proposed to be assessed against such lot or
parcel pursuant to the method of assessment set forth in the resolution creating
the improvement district;
4. The names and addresses of the owners, and
lessees, if any, of each such lot or parcel, as same appear in the records of
the Department of Taxation of the state, or as otherwise known to the director
of public works if not shown in the records.
B. The roll shall show at
the end thereof the total of the amounts shown thereon as provided in
subdivision 3e of subsection A of this section; and if the roll includes lots or
parcels for which the county is required to pay the amount otherwise assessable
against same, pursuant to Section 14.38.020, there shall be noted on the roll
for each such lot or parcel whether it is “public-county,” or
“public-state” (that is, subject to full reimbursement from the
state pursuant to the section) or “exempt” (that is, subject to
fifty percent reimbursement from the state pursuant to the section), and the
total amounts of each of the three categories shall also be shown at the end of
the roll, with the total of the three categories deducted from the total first
above provided to be shown, to show the total amount proposed to be assessed
against private, nonexempt lots and parcels. (Ord. 801 § 1 (part), 1974:
prior code § 25-3.6)
14.42.110 Assessment hearing.
When the assessment report is filed with the council and by resolution
approved and adopted by the council, such resolution shall also fix a date, time
and place of public hearing upon the proposed assessments, which date shall not
be more than three weeks after the date of the first publication of notice of
the hearing. (Ord. 801 § 1 (part), 1974: prior code §
25-3.7)
14.42.120 Additional data and documents--Incorporation by reference.
Data and documents, or any part or parts or portion or portions thereof,
which are contained in or accompany a petition or any report made by the
director of public works in a proceeding pursuant to this article may be
incorporated in any subsequent report made by the director of public works in
such proceeding by reference to such datum and/or document or data and/or
documents, and the petition or report in which same are contained or which same
accompany, and same shall thereby be deemed a part of the report in which same
are so incorporated. (Ord. 801 § 1 (part), 1974: prior code §
25-3.8)
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