(a) If the council determines to proceed with the improvement district, after receipt of the preliminary report, it shall by resolution:
(1) Create, define, and establish the improvement district;
(2) Define the extent and describe the general details of the proposed improvements, including the highways, sanitary sewer system, storm drainage system, water system, sidewalk, street lighting system, or other public facility or improvement to be opened or improved;
(3) Describe each parcel of land to be acquired, including the approximate size of the parcel, the landowners, if known, and the location of the parcel;
(4) Declare the estimated total cost of the improvements and the part or portion of the cost of improvements to be borne by the city;
(5) Declare the method or basis of assessment, and the number of installment payments;
(6) Describe the general boundaries of the district, subdistricts, and zones to be assessed, determine the land to be assessed and that such property to be assessed is specially benefited, and declare the estimated total amount of assessment and the amount of assessment against each property;
(7) Describe the materials to be used;
(8) Request the mayor to direct the director to prepare a map of the improvement district showing the exact location of the proposed improvements together with final details, plans and specifications for the work in a form to call for and encourage competitive bidding, wherever feasible; and
(9) Request that the director submit to the council the final report on the proposed improvement district upon its completion.
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 director theretofore filed with the council, including any plans and estimates of the board of water supply.
If the proposed 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 director to furnish the board of water supply with such copies of final surveys, maps, and plans of the proposed 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 city has not appropriated its share of the cost. No modification in the plans and estimates furnished by the board of water supply shall be made without the board’s consent. However, if the city and the board cannot agree on the board’s plans and estimates, the water system, conduits, pipes, hydrants, and other appurtenances for supplying and distributing water shall be omitted from the proposed improvements.
In the final report to the council 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 director and the board of water supply. The map of the improvement district showing the exact location of the proposed improvements, and the final details, plans, and specifications of the director and the board of water supply shall be used as the basis for the calling for bids and awarding of contract.
(b) Before the council meeting at which the resolution to create, define, and establish the improvement district is to be heard, the city clerk shall cause a notice of a public hearing to be published in the manner provided by applicable State law or, if no State law applies, in a newspaper of general circulation in the city. The published notice shall provide all owners and lessees of the land proposed to be assessed or acquired, and all others interested, with the general details of the proposed improvements, either by express description or by reference to the data supplied by the director and theretofore filed with the council. The notice shall also state the time and place of the public hearing, which shall be at the same council meeting at which the resolution herein described is first placed on the council’s agenda for adoption; provided that the hearing shall occur before the adoption of the resolution. The notice shall also state that the persons so notified may object to and suggest modifications to the proposed improvements and may question the benefits of the proposed improvements to their property and the amount of any assessment thereon, and where the resolutions and any related reports and other data may be seen and examined before the hearing. Not less than 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 to the proposed improvements and, where pertinent, reports and other data relating to the proposed improvement district may be obtained, shall be mailed by the city clerk to the several owners and lessees on record in the books and records of the real property tax assessment division of the department of budget and fiscal services by certified or registered mail with a request for a return receipt. Affidavits of publication and mailing shall be filed with the council at or before the hearing.
If, in a city-initiated improvement district, 100 percent of the owners and lessees of the frontage to be assessed upon any public highway, or 100 percent of the area of land to be assessed, file a duly acknowledged consent to the creating, defining, and establishing of the improvement district, the public hearing and mailed notice provided for in this subsection, shall not be required.
(c) If the improvements in the proposed improvement district require the acquisition of any new land therefor, the city shall acquire the same before final award of the contract. The acquisition shall be either by deed or other voluntary conveyance from the owners thereof, or the council may, in the name of the city, cause condemnation proceedings to be brought to acquire the same as provided by law or in like proceedings when brought by the State. 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) If:
(1) Land for improvement has been acquired by condemnation under HRS Chapter 101; and
(2) In the award made on the condemnation there has been deducted, from the compensation or damages otherwise payable to the landowners, any amount because the land of such landowner not sought to be condemned would be benefited by the improvements;
then the deducted amount shall first be credited against such land’s assessment.
(Sec. 24-3.4, R.O. 1978 (1987 Supp. to 1983 Ed.) (1990 Code, Ch. 14, Art. 25, § 14-25.4) (Am. Ords. 90-91, 93-32, 00-06)