ORD 2011-066 2010-2012 - Laserfiche WebLink

Home

discount allowances, and construction contingencies in determining his estimate of the project cost and the amount to be assessed therefor. SECTION 5. Chapter 12, Article 2, Section 12 -15, Hawai`i County Code 1983 (2005 Edition, as amended) relating to Petition by twenty percent of owners is amended to read as follows: Section 12 -15. Petition by twenty percent of owners. (a) If the owners of not less than twenty percent of the frontage upon any street, alley or highway designated by them or of twenty percent of the area of land designated by them as a proposed improvement district, file with the council a petition duly acknowledged by the owners requesting the construction of special improvements, together with the surveys, maps, plans and other preliminary data and estimates mentioned in section 12 -10, the council may reject or accept the petition. If the council accepts the petition, it shall proceed in the manner hereinafter provided. The council shall act on the petition provided: (1) The petition of twenty percent of the owners includes the signatures of at least fifty percent of the resident owners residing in the proposed improvement district; and (2) A state of emergency is found to exist by the council that requires the formation of the improvement district. (b) The cost of the preliminary surveys, maps and other data shall be deemed part of the cost of the improvement provided fifty -one percent of the owners of the improvement district hereinabove described do not object to the improvement district. If fifty -one percent or more of the owners involved in the improvement district oppose the improvement district, all such cost of the preliminary surveys, maps and other data shall be borne by the County as if the proceeding had been initiated by the council in accordance with section 12 -10. (c) Upon such petition and prior to the hearing thereon, the council shall, at its option, have the power to abandon the proceedings or make any change or modification of the plans or the details or specifications for the proposed improvements without the written consent of the petitioning owners of the frontage or area of the land to be assessed. With regard to the petition, the council may at any time decline to acquiesce in or may modify any part of the plan which contemplates the payment by the County of any part of the cost of acquiring new land or of any part of the cost of improving any main or general thoroughfare. (d) Upon receipt of the petition, the council shall by resolution requiring not more than one reading for its adoption, direct the responsible director [of public works,] or [the] manager [in the case of a water system improvement district]: (1) To investigate and report to the council: (A) Preliminary data concerning the special improvements proposed to be opened, constructed, or improved; (B) The general character and extent of any improvement to be proposed; 7