(a) Whenever in the opinion of the council, it is desirable to:
(1) Establish, open, or construct any public highway, as defined by statute, including in connection therewith the construction of a sidewalk, sanitary sewer system, storm drainage system, water system, or street lighting system;
(2) Extend, widen, alter, grade, pave, curb, macadamize, or otherwise improve, to an extent exceeding maintenance or repair thereof, the whole or any part of any existing public highway, including in connection therewith the improvement of a sidewalk, sanitary sewer system, storm drainage system, water system, or street lighting system;
(3) Improve a sanitary sewer system, storm drainage system, street lighting system, or sidewalk independently of any other improvement; or
(4) Acquire property for or improve pedestrian malls, off-street parking facilities as provided in HRS Chapter 56, parks, playgrounds or public beaches as provided in § 14-8.3 hereof, or any other public facility or improvement, including but not limited to facilities or improvements relating to transportation, police, or fire related facilities, public restrooms, public benches, public information booths, public meeting rooms, or any other structure, facility or improvement determined by the council to be a valid public purpose;
such acquisitions or improvements, when financed by assessments to benefited properties or as otherwise provided, may be made under Articles 8 through 14 of this chapter. For such purposes, the council may create, define and establish improvement districts, all according to Articles 8 through 14 of this chapter.
The cost of any improvement includes the cost (if not assumed by the city under the discretionary power contained in § 14-9.1) of acquiring any land therefor, whether before or after the commencement of the proceedings for such improvements. Such cost shall be assessed against the land specially benefited on the frontage basis, or according to the area of the land, or according to the real property tax assessment on the value of the land and improvements thereon within an improvement district, or according to any other method or basis of assessment determined by the council that correlates the benefits to the land within an improvement district to the improvements to be undertaken therein, or any combination of the methods or basis of assessment.
Wherever the frontage or area basis of assessment is mentioned in Articles 8 through 14 of this chapter, such valuation method may be used either alone or in combination with one or more of the methods of assessment.
(1) General obligation bonds of the city (or the funds for such improvements may be provided from the capital projects fund or from both the capital projects fund and the issuance and sale of general obligation bonds); or
(2) Bonds secured only by such assessments as a lien upon the lands assessed.
(b) Nothing in Articles 8 through 14 of this chapter will prevent the city from compelling abutting property owners at their own expense to construct, maintain, and repair sidewalks and curbs in front of the abutting property under any other statute or ordinance.
(c) Nothing in Articles 8 through 14 of this chapter will prevent the city or the board of water supply from constructing, improving, maintaining, and repairing any sanitary sewer system, storm drainage system, street lighting system, or water system, as the case may be, as empowered by any other statute or ordinance.
(d) Nothing in Articles 8 through 14 of this chapter will prevent the city from making the improvements referred to in subsection (a), if property owners and the council mutually agree to share the cost of such improvements and the estimated amount of such cost to be borne by the property owners is deposited with the city before the award of the construction contract; provided that the proportionate share of the cost to be borne by the property owners and the city shall be subject to revision upon the determination of the actual cost of the improvement.
(e) Nothing in Articles 8 through 14 of this chapter will prevent the city from constructing, solely at city expense, roadway, sidewalk, sanitary sewer system, storm drainage system, water system, street lighting system, pedestrian mall, off-street parking facility, park, playground public beach, or any other public facility or improvement for which funds have been appropriated by the council for such purpose.
(Sec. 24-1.1, R.O. 1978 (1987 Supp. to 1983 Ed.)) (1990 Code, Ch. 14, Art. 23, § 14-23.1) (Am. Ords. 89-2, 90-91, 16-33)