HAR §15-19-23. Determination by the authority

(a) After holding the public hearing provided for in section 15-19-22, the authority shall determine whether or not the proposed improvement or improvements and the creation of the assessment area shall be made and, if made, whether the rules setting forth the details of the assessment program should be adopted. A determination to proceed with the improvements shall require an affirmative vote of not less than two-thirds of all members to which the authority is entitled. (b) If the authority determines to proceed with the improvement or improvements, it shall adopt the rules as heard or with modifications and direct the executive director to prepare construction bid documents, including a map of the assessment area or areas showing the exact location of the proposed improvement or improvements together with final details, plans and specifications for the work in a form to call for and encourage competitive bidding, wherever feasible. The description and definition herein required may be set forth expressly or be incorporated therein by referring to the data of the preliminary assessment area map and report or to the final engineering design report theretofore presented to the authority. (c) If the proposed improvement or improvements include the construction or improvement of a water system, UNOFFICIAL COMPILATION NOVEMBER 1999 -9- the authority shall work with the county board of water supply and prepare final details, plans and specifications for adequate and appropriate conduits, pipes, hydrants and other appurtenances for a water system and shall, upon completion, make them available to the county board of water supply. The map of the assessment area or areas showing the exact location of the proposed improvement or improvements, and the final details, plans and specifications of the authority and the county board of water supply shall be used as the basis for the calling for bids and awarding of contract. [Eff 9/17/84] (Auth: HRS §§206E-4, 206E-6) (Imp: HRS §§206E-4, 206E-6) §15-19-24 Construction contract bids and conditional award. (a) The authority shall advertise for bids on the construction of the approved improvements. (b) The lowest responsible bidder shall be awarded a conditional contract, subject, however, to the holding of a public hearing on the final assessment area rules, approval by the authority and by the governor of the final assessment area rules, and the availability of sufficient funds. (c) Where improvements within an assessment area are divided into sections or portions for the purposes of calling for bids thereon, construction costs for said sections or portions may be consolidated for the purpose of determining assessments or expenses. [Eff 9/17/84, am 11/1/85] (Auth: HRS §§206E-4, 206E-6) (Imp: HRS §§206E-4, 206E-6) §15-19-25 Hearing on final assessment area rules. (a) After the bid of the lowest responsible bidder has been received for the construction of the improvements, the authority shall hold a public hearing on the final assessment area rules. (b) Final assessment area rules shall incorporate data from the final assessment area report. The rules shall include an assessment roll, a description of properties to be assessed including all data required in the application of the assessment formula, the amounts proposed to be assessed against the property in the benefited area or in the several subareas or zones thereof, if any, and a list of all owners and lessees on record with the county department of finance, of the land fronting upon the highway or highways or situated within the assessment area. UNOFFICIAL COMPILATION NOVEMBER 1999 -10- (c) Public hearing notice shall be provided as required by chapter 91, HRS. [Eff 9/17/84] (Auth: HRS §§206E-4, 206E-6) (Imp: HRS §§206E-4, 206E-6) §15-19-26 Hearing on individual assessments. (a) Prior to the award of the construction contract referred to in section 15-19-24 of this chapter, the authority shall afford landowners and lessees a hearing on the equity in the application of the assessment formula to individual lots. The hearing may be combined with the hearing on the final assessment area rules. (b) The hearing held under this section shall satisfy the requirements of chapter 91, HRS. [Eff 9/17/84] (Auth: HRS §§206E-4, 206E-6) (Imp: HRS §§206E-4, 206E-6) §15-19-27 Notice of improvement authorized. (a) After the bid of the lowest responsible bidder has been received for the construction of the improvements, and a hearing is held on the final assessment area rules, the authority shall thereupon give notice as to its decision on the rules. Data regarding the total amount of the cost of the improvement or improvements based upon the bid of the lowest responsible and reliable bidder, the share per front foot or per square foot or real property tax assessment or per floor area ratio, as the case may be, proposed to be charged to the benefited area or subareas or zones, if any, and the assessment map, assessment roll and description of properties shall be made available for examination at the office of the authority during business hours. [Eff 9/17/84] (Auth: HRS §§206E-4, 206E-6) (Imp: HRS §§206E-4, 206E-6)