HAR §15-19-28. Acquisition of land

(a) In the event the improvement or improvements proposed require the acquisition of any land therefor, the authority shall acquire the same before final award of the contract, either by deed, or other voluntary conveyance from the owners thereof, or it may, at its option, and in the name of the authority cause condemnation proceedings to be brought to acquire the same in like manner as by law provided or in like proceedings when brought by the State, and after the filing of the petition in the proceedings the final award of the contract may be made. If the cost of acquiring the land exceeds the UNOFFICIAL COMPILATION NOVEMBER 1999 -11- estimate, the authority may seek additional appropriations to provide for the excess cost. (b) Land acquired through condemnation shall be pursuant to chapter 101, HRS. [Eff 9/17/84] (Auth: HRS §§206E-4, 206E-6) (Imp: HRS §§206E-4, 206E-6) §15-19-29 Compliance with community development district plan. Notwithstanding any provision of this chapter to the contrary, improvements shall not be constructed under authority of this chapter unless the improvements conform to the community development district plan adopted for the assessment area. [Eff 9/17/84] (Auth: HRS §§206E-4, 206E-6) (Imp: HRS §§206E-4, 206E-6) §15-19-30 Contract, bids, bonds. (a) All improvements made under the provisions of this chapter shall be constructed under contract let to the lowest possible and responsible bidder, after public advertisement by the authority in a newspaper of general circulation published in the county in which the improvements are proposed. The authority may either let the work as an entire contract, or in its discretion, make one or more contracts separately for each assessment area or the various types of work to be performed, or the various public facility systems to be improved under one proceeding. All bids shall be accompanied by a deposit of legal tender or by a certificate of deposit or certified check on a bank doing business within the State or a sufficient surety bond payable to and in favor of the authority under the terms and conditions as are determined by the authority. The authority may, in its discretion, impose any other reasonable terms, conditions, and requirements relating to the letting of the contract. No contract shall be made without a bond to the authority, for the faithful performance of the contract, under the terms and conditions as are determined by the authority. (b) The provisions of chapter 103, HRS, shall be applicable to all contracts entered pursuant to this chapter. [Eff 9/17/84] (Auth: HRS §§206E-4, 206E-6) (Imp: HRS §§206E-4, 206E-6) §15-19-31 Inspection and use of improvements by the county. The authority may request the county in which the improvements are situated to maintain an inspector over the work to see that the plans and specifications have been UNOFFICIAL COMPILATION NOVEMBER 1999 -12- complied with. After the work has been accepted by the county, the public facilities shall be a part of the county system, and shall at all times thereafter be used, operated, and maintained by the county as part of its system. [Eff 9/17/84] (Auth: HRS §§206E-4, 206E-6) (Imp: HRS §§206E-4, 206E-6) §15-19-32 Water system, inspection and use of system by county board of water supply. If an improvement or work includes the construction or improvement of a water system, the authority may request the county board of water supply to maintain an inspector over the work to see that the plans and specifications which it has furnished have been complied with. After the work has been accepted, the water system, pipes, conduits, hydrants and other appurtenances for supplying or distributing water so installed shall constitute a part of the system of the county board of water supply and shall at all times thereafter be used, operated and maintained by it as a part of its system. [Eff 9/17/84] (Auth: HRS §§206E-4, 206E-6) (Imp: HRS §§206E-4, 206E-6) §15-19-33 Reassessment on refunding. (a) In the event the authority makes a preliminary determination that it would be advantageous to the State, the authority, the property owners and the lessees within an assessment area for which assessment area bonds have been issued to proceed with a refunding of all or part of such assessment bonds, it shall direct the executive director to investigate and report to the authority preliminary information and data concerning such refunding, including the remaining costs of improvements specifically assessed against the real property specifically benefited and any additional costs related or incidental to effecting such refunding, with the estimated total amount of assessment to be made against each property after the refunding utilizing the same method of assessment applied upon the original assessment. (b) If such information and data reflect that such refunding would result in a decrease of the total amount of the installment payments then in effect within such assessment area for all assessments being paid in installments, the authority shall publish a notice of proposed refunding of assessment area bonds in a daily newspaper of general circulation in the county in which such assessment area is situated, such notice to include a description of the assessment area, the real property UNOFFICIAL COMPILATION NOVEMBER 1999 -13- assessed or to be assessed, and a general description of the proposed refunding. In addition to the publication of such notice, a copy of such notice shall be mailed by certified or registered mail with a request for a return receipt to the several owners and lessees on record at the county department of finance. (c) If the owners or lessees of at least 25 per cent of the real property within the assessment area to be assessed shall file a petition with the authority within 30 days of the date of mailing the notice referred to in subsection (b) above, requesting a public hearing on such refunding, or if such refunding would have the effect of causing an increase in the amount of the assessment then in effect for any property within the assessment area for which such refunding is proposed in any subsequent fiscal year, the authority shall hold a public hearing on the advisability of effecting such refunding. Notice of public hearing shall be given in the same manner as required by Sec. 15-19-22, except the contents of such notice shall relate to the proposed refunding rather than improvements. (d) After any public hearing held pursuant to subsection (c) above, or if no petition is filed within the time permitted under subsection (c) above, the authority shall determine whether to proceed with the refunding. [Eff 2/22/93] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-19-34 to