Haw. Code R. § 15-19-1 - Methods

(a) Whenever in the opinion of the authority it is desirable to establish, open, construct or acquire a public facility, as defined by statute, or to 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 construction of a sidewalk, storm drainage system, facilities for communication and electrical systems, sanitary sewerage system, water system or street lighting system, these acquisitions, betterments or improvements may be made and done under the provisions of this chapter, and the cost thereof, including the cost (if not assumed by the authority or the county in which the improvements are located, under their discretionary power) of acquiring, whether prior to or after the commencement of the proceedings for these betterments or improvements, any land therefor shall be assessed against the real property specially benefited.

(b) Special benefits shall be calculated using the frontage basis, or the area of the land, or real property tax assessment on the value of the land and improvements thereon, or the floor area ratio permissible for the real property, or any combination of the methods of assessment, provided that wherever the frontage or area or real property tax assessment on the value of land and improvements or floor area ratio basis are mentioned in this chapter, the valuation method may be used, or in combination of one or more of the methods of assessment. The authority may either (i) issue and sell bonds in the amounts as may be authorized by the legislature to provide the funds for these improvements, which bonds may be bonds secured by these assessments as a lien upon the real property assessed, or (ii) advance the funds for these improvements out of any available funds of the authority; and for such purposes the authority may create, define and establish assessment areas, all according to the provisions of this chapter.

(c) Nothing in this chapter shall prevent the authority from compelling abutting property owners at their expense to construct, maintain and repair sidewalks and curbs in front of the abutting property under any other statute, ordinance, or rule.

(d) Furthermore, nothing in this chapter shall prevent the authority or the county or the county board of water supply from constructing, improving, maintaining and repairing any public facility or utility system as empowered by any other statute, ordinance, or rule.

(e) Any provision to the contrary notwithstanding, the authority may, in its discretion, enter into agreements with the county in which the public facilities are located to implement all or any part of the purposes of this chapter.

Notes

Haw. Code R. § 15-19-1

[Eff 9/17/84, am 6/3/95] (Auth: HRS §§ 206E-4, 206E-6) (Imp: HRS §§ 206E-4, 206E-6)