All land, rights-of-way, easements and interests in real property required for the improvement shall be acquired by deed, or other voluntary conveyance, or, if necessary, by condemnation proceedings pursuant to the provisions of Chapter 101 of the Hawaii Revised Statutes, filed in the name and on behalf of the county. (Ord. 801 § 1 (part), 1974: prior code § 25-6.1)

If the cost of acquiring such land or other interests in real property exceeds the estimate therefor, the council may provide for the excess cost by general appropriation. (Ord. 801 § 1 (part), 1974: prior code § 25-6.1.1)

No construction contract shall be executed on behalf of the county until land and other interests in real property required for performance of work under such contract have either been acquired or a condemnation action commenced to acquire same and an effective order of possession issued pursuant to either Section 101-28 or 101-29 of the Hawaii Revised Statutes. (Ord. 801 § 1 (part), 1974: prior code § 25-6.1.2)

In the event land has been acquired by condemnation and in the award in such proceedings there has been deducted from the compensation or damages otherwise payable to the landowner any amount by reason of the fact that land of such landowner not sought to be condemned would be benefited by the improvements proposed to be made subsequent to the condemnation, then the amount for which such land not sought to be condemned would otherwise have been assessed shall be credited with the amount that was deducted in such award for benefits by reason of the improvements proposed to be made in levying any assessments pursuant to this article against such land not sought to be condemned. In such cases, the resulting reduction in the total amount which would otherwise have been assessed against lands within the improvement district shall be deemed charged against the acquisition costs included in the estimate of cost of the improvement. (Ord. 801 § 1 (part), 1974: prior code § 25-6.1.3)

Upon execution of a contract with the lowest responsible bidder, as a result of a call for bids pursuant to Section 14.42.090, and a sufficient bond being furnished, as provided in Section 14.48.060, the deposit made by such bidder shall be returned to him. All matters pertaining to the work to be done under the contract, including acceptance thereof upon completion, shall be governed by the specifications for such work. (Ord. 801 § 1 (part), 1974: prior code § 25-6.2)

A successful bidder for any contract shall furnish a bond to the county for the faithful performance of such contract pursuant to the provisions of Sections 103-34 and 103-35 of the Hawaii Revised Statutes. (Ord. 801 § 1 (part), 1974: prior code § 25-6.2.1)

Any other provision of the law to the contrary notwithstanding, the director of finance may execute the contract without having the total amount of the contract price available. (Ord. 801 § 1 (part), 1974: prior code § 25-6.2.2)

If completion of the contract will extend beyond the fiscal year in which the same is executed, it may be awarded without the council appropriating the total amount the county is obliged to pay toward the contract price. In the latter event, however, the county must have available and appropriated at the time of execution of the contract, if the same is to be completed during the next succeeding fiscal year, at least fifty percent 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 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 shall be a first charge on the revenues of each of the next two 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 of the balance at the beginning of the first succeeding fiscal year and the remainder at the beginning of the second succeeding fiscal year. The contract shall not be legal unless, before it is executed, the council by ordinance provides for the automatic appropriation at the beginning of the next succeeding fiscal year or years of the amounts herein made a first charge on the revenues of the county for such fiscal year or years, and the director of finance shall make the appropriations on his books as provided by said ordinance. (Ord. 801 § 1 (part), 1974: prior code § 25-6.2.3)

If any improvement includes a water system or facilities for the supply or distribution of water, the department 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 department of water supply and shall at all times thereafter be used, operated and maintained by it as a part of its system. (Ord. 801 § 1 (part), 1974: prior code § 25-6.3)

Any other provision of this article to the contrary notwithstanding, whenever the improvement includes work, appliances, or facilities which upon completion and acceptance thereof will be under the ownership, management and control of a regulated public utility company, the council may authorize the entering into of an agreement with such company providing for the company to perform such work and install such appliances or facilities, or any portion thereof, and for the payment to the company of the agreed price for such work and installation to be done by it, without calling for bids therefor as provided in Section 14.42.090. Such agreement may, among other things, provide for the following:

A. For the furnishing or approval by such company of the plans and specifications for such work, appliances, or facilities;

B. That the agreement shall become effective only after funds are available, pursuant to proceedings taken under this article, to carry out the terms thereof. (Ord. 801 § 1 (part), 1974: prior code § 25-6.4)

After the work and installation of such appliances or facilities have been completed and accepted, title thereto shall vest in the utility company and constitute a part of its system, and shall at all times thereafter be used, operated, maintained and managed by it as a part of such system so long as it uses same to render to the lands within the improvement district the services intended to be furnished thereby. (Ord. 801 § 1 (part), 1974: prior code § 25-6.4.1)

After completion and acceptance of all construction work and full payment of all costs and expenses of the improvement for any improvement district, including final judgment in any condemnation action required to be commenced, if any moneys remain in the improvement account specified in Section 14.50.230, same shall be transferred to the reserve fund for such improvement district established pursuant to Section 14.52.070, if any, or if no reserve fund was established, then to the bond account specified in Section 14.50.230; provided, however, the council may determine at the time of issuance of bonds pursuant to Chapter 14.52 that any such surplus shall be credited to any governmental agencies or authorities, including the department of water supply and the county, which made contributions toward the cost of the improvement as provided in Sections 14.38.060 or 14.38.070, in the proportion which such contributions bear to the total estimated cost of the improvement, in which event all such credits shall be returned in cash to the agencies or authorities making such contribution and the remaining surplus, if any, shall then be transferred as set forth in this section. (Ord. 801 § 1 (part), 1974: prior code § 25-6.5)

If there are insufficient moneys in the improvement account specified in Section 14.50.230, exclusive of any amount transferred pursuant to Section 14.38.050 and credited to the account, to pay the cost of the improvement, including acquisitions and incidental expenses, the council may provide for payment of the deficit out of general revenues or may, by resolution, order a supplemental assessment or pay such deficit. (Ord. 801 § 1 (part), 1974: prior code § 25-6.6)

Supplemental assessments shall be made and collected and bonds shall be issued in the same manner, as nearly as may be, as in the case of original assessments, and the provisions of this article applicable to original assessments shall apply to supplemental assessments unless the context clearly indicates otherwise; provided, however, that the following provisions of this section shall govern insofar as same conflict with or vary from other provisions of this article:

A. The preliminary report and final report as filed and approved, with or without changes or modifications, in the original assessment proceedings shall be deemed a part of the supplemental assessment proceedings, and no hearing upon proposed improvements shall be necessary.

B. No resolution proposing to make the improvement or creating the improvement district shall be necessary, and the intention of the council to consider making Section 14.50.190 applicable with respect to properties to be supplementally assessed and a provision that a reserve fund shall be established may be set forth in the resolution ordering a supplemental assessment.

C. The descriptive title and numerical designation of the improvement district shall be the same as in the original assessment proceedings; and the boundaries of the improvement district, including any zones, therein, and the method of assessment as established by the council by resolution in the original assessment proceedings shall be the same for purposes of the supplemental assessment proceedings.

D. In the resolution ordering a supplemental assessment, the council shall refer the matter to the mayor for preparation by the director of public works of a supplemental assessment report.

E. For purposes of the supplemental assessment report, the cost to be assessed shall be based on an estimate of the costs remaining to be paid, including repayment of any loans to the improvement account and incidental expenses in connection with the supplemental assessment proceedings, less the moneys, if any, remaining in the improvement account; and the lots or parcels to be assessed shall be as shown on the assessment map or plat as filed and approved, with or without changes or modifications, in the original assessment proceedings, including any amendments thereof pursuant to Chapter 14.54, to which map or plat the supplemental assessment roll shall refer for the numbers to be shown in the roll for each lot or parcel as provided for in subdivision 3a of subsection A of Section 14.42.100;

F. The supplemental assessment report shall include recommendations with respect to the matters set forth in subsection I of Section 14.42.010.

G. The resolution fixing the date, time and place of public hearing upon the proposed supplemental assessments shall also refer to and incorporate by reference the matters contained in the supplemental assessment report insofar as same are approved by the council; and if same are not approved by the council, such resolution shall set forth such variations thereof as the council determines are advisable; and the resolution may include a determination that no bonds shall be issued for supplemental assessments which are less than two hundred dollars, or such lesser amount as may be set forth in such resolution, in which event:

1. The provisions of Section 14.50.070 shall not be applicable to such assessments;

2. The certificate provided for in Section 14.50.080 shall separately state the total amount remaining unpaid on such assessments, if any, in addition to the total amount remaining unpaid on all assessments; and

3. Section 14.50.160 shall apply to default in payment of such assessments within the period specified in Section 14.50.060 the same as though such default was a default in payment of an installment.

H. At the public hearing upon the proposed supplemental assessments, complaints or objections shall be limited to the matter of the costs to be supplementally assessed and matters relating to payment of supplemental assessments and issuance of bonds.

I. Supplemental assessments, not being in lieu of the original assessments but in addition thereto, shall be liens upon the lots or parcels supplementally assessed, respectively, from the date of the publication of the enacted ordinance levying the supplemental assessments.

J. Collections from payments of unpaid supplemental assessment installments shall be credited to a separate supplemental bond account for the special improvement district fund referred to in Section 14.50.230. (Ord. 801 § 1 (part), 1974: prior code § 25-6.7)