§15-19-11 Costs to be borne by the authority.
(a) Except as otherwise provided herein, if the authority decides
to establish, open, construct or acquire a public facility under the provisions
of this chapter, the authority may pay for the interest on assessment area
bonds during the period of construction of the public facility and for
a period of up to one year after the completion of such construction and
the cost of engineering, incidentals, inspections, surveys, maps, plans,
drawings, specifications, other engineering data, publication of notices
of hearing, mailing notices to owners and lessees, services of bond counsel,
printing of bonds and a prospectus on the sale of bonds, publication of
notice of sale of bonds, execution and delivery of bonds, paying agents'
fees and expenses, other reimbursements to paying agents and publication
of notices of redemption. The authority may assume any part of other
costs of the assessment area, or the authority may assess the whole or
any part of the cost against the real property according to the special
benefits arising therefrom.
(b) Notwithstanding the provisions of subsection (a), the authority
shall not bear the costs of inspections requested to be made during any
hour after the normal working hours of the authority on any work day, or
on a Saturday, Sunday or legal holiday. The normal working hours
of the authority are from 7:45 a.m. to 4:30 p.m., Monday to Friday.
[Eff 9/17/84, am 6/3/95] (Auth: HRS §§206E-4, 206E-6) (Imp:
HRS §§206E-4, 206E-6)
§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
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 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 §15-19-20 (Reserved).