HAR §15-19-12. Costs to be borne by the county

The county in which the improvements are situated may assume and pay out of its funds available for these purposes, all or any part of the cost of improvements in the assessment area. The amount and nature of the costs to be borne by the county shall be as mutually agreed to between the authority and the county. [Eff 9/17/84] (Auth: HRS §§206E-4, 206E-6) (Imp: HRS §§206E-4, 206E-6) §15-19-13 Costs of water system. If the improvement includes the construction of improvement of a water system, the county board of water supply may assume and pay out of its funds available for these purposes, all or any part of the costs of construction or improvement of the water system. The amount and nature of the costs to be borne by the county board of water supply shall be as mutually agreed to between the authority and the county board of water supply. [Eff 9/17/84] (Auth: HRS §§206E-4, 206E-6) (Imp: HRS §§206E-4, 206E-6) §15-19-14 Connection by property owners to underground public utility facilities. (a) Whenever any public utility company has relocated its utility lines and related facilities underground as part of the improvements made under this chapter, any property owner or lessee whose property abuts the street in which such underground facilities are located, and who receives services from such public utility company by means of the overhead utility lines to be replaced thereby, shall provide underground lateral connection at said owners or lessees expense, which UNOFFICIAL COMPILATION NOVEMBER 1999 -4- meets the standards of such public utility company, upon receipt of notice as hereinafter provided. (b) Prior to or upon completion of the relocation of utility lines and related facilities, the executive director shall notify the owner or lessee of such abutting property to provide lateral connection to the underground facilities at said owners or lessees own expense. Such notice shall be by certified mail, addressed to the owner or lessee at the street address of such abutting property. (c) Upon failure, neglect, or refusal of any owner or lessee so notified to commence work to provide the necessary lateral connection within thirty calendar days after notice has been given, or by the date specified in the notice, whichever is later, the executive director shall contract to provide for the necessary lateral connection and pay for such work with authority funds. The executive director and authorized representatives, including any contractor with whom they contract hereunder, and assistants, employees, or agents of such contractor, are authorized to enter upon said property for the purpose of providing the necessary lateral connection described in the notice. Before the executive director or his authorized representative or contractor arrives, any property owner or lessee may provide the necessary lateral connection at his own expense. (d) In the event the authority has provided the necessary lateral connection, the owner of such property shall be billed for the cost thereof and the cost shall be a lien on the property. In the event the bill is not paid within thirty calendar days after the mailing date of such bill, the owner shall be liable for payment of penalty at a rate determined by the authority. (e) Any work performed by the authority hereunder is deemed to be done pursuant to quasi-contract or construction contract between the authority and the owner or lessee. Based on the foregoing contractual relationship, should the owner fail to pay the amount duly noted on the statement as provided in subsection (f) herein, the Attorney General may proceed to file a mechanic's and materialman's lien pursuant to the provisions of Part II of Chapter 507, HRS, or any other appropriate lien procedures. [Eff 11/1/85] (Auth: HRS §§206E-4, 206E-6) (Imp: HRS §§206E-4, 206E-6) §15-19-15 Connection by the authority to underground public utility facilities. (a) Whenever any public utility company has relocated its utility lines and related facilities underground in compliance with this chapter the UNOFFICIAL COMPILATION NOVEMBER 1999 -5- authority may, in lieu of the procedures prescribed in section 15-19-14 include the installation of the underground lateral connections within private properties as part of an assessment area so as to assure the timely removal of utility poles. (b) When the installation of the lateral connection is performed as part of an assessment area, the cost thereof shall be added to the property owner's share of the cost of assessments and if the property owner elects to pay said assessment in installments, it shall be payable in the same manner and at the same rate of interest as prescribed for the payment of assessments. (c) In the case of connections to be made on properties owned by government, an eleemosynary organization, or an entity exempted by law from the payment of assessments, the cost thereof shall be assumed and paid for by the affected government agency, eleemosynary organization, or entity, subject to the same manner and subject to the same rate of interest to be established by the authority for the assessment area. [Eff 11/1/85] (Auth: HRS §§206E-4, 206E-6) (Imp: HRS §§206E-4, 206E-6) §15-19-16 Costs related to refunding assessment area bonds. In the event the authority shall issue refunding assessment bonds pursuant to this chapter, the authority may pay for all costs related or incidental to effecting such refunding, including without limitation, redemption premiums, the cost of publication of notices of hearing, printing costs for assessment billings, mailing notices to owners and lessees, services of bond counsel, other reimbursements to paying underwriter fees, printing of such bonds and a prospectus on the sale of such bonds, publication of any notice of sale of such bonds, execution and delivery of such bonds, paying agents' and registrars' fees and expenses, publication of notice of refunding and of redemption, or the authority may assess the whole or any part of such cost against the real property according to the special benefits arising therefrom. [Eff 2/22/93] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-19-17 to