Chapter 12 Improvements by Assessments

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§ 12-4H AWAI‘I C OUNTY C ODE Section 12-4. Improvements outside designated districts. (a) Improvements which may be outside the improvement district boundaries but which confer special benefits on assessment units within the improvement district may be included as part of the special improvements in the improvement district and the cost thereof shall be assessed as provided in this chapter. (b) The cost of improvements described in section 12-4(a) which benefit more than one improvement district shall be apportioned among the affected improvement districts according to the special benefits conferred upon the assessment units within said improvement districts. (1983 CC, c 12, art 1, sec 12-4; am 1990, ord 90-127, sec 3; am 2002, ord 02-82, sec 4.)12-4 Section 12-5. Lands exempt from taxation; costs. (a) Whenever any public land, or any land by law exempted from assessments of the character provided for in this chapter, forms part of any improvement district or fronts upon or is situated with relation to any special improvement or area to be so improved in such manner that such land would, if privately owned or not exempt from such assessment, be subject to assessment, the council shall, nevertheless, without assessing such public or exempted land for any part of the cost of such improvements, by general ordinance appropriate and pay toward such improvements out of general revenues the portion of the cost thereof which would otherwise be assessable against the same in lump sum, or, at the election of the council, in such equal installments with such interest thereon as the council shall determine. In the event, however, any part of such exempt land, except public lands, may be required for right-of-way or easement purposes within such improvement districts the value thereof shall be chargeable to the improvement district, and upon acquisition the owner shall be compensated therefor in the following manner: (1) Where the value of the part taken together with any severance damages exceeds the portion of the cost of the improvements which would otherwise be assessable against the exempt land, the County shall pay the difference to the owner; or (2) Where the value is less than the portion of the cost of improvements which would otherwise be assessable against such exempt lands, the value of the land shall be deducted therefrom and the County shall pay the balance of the assessment as provided herein. (b) With respect to any such proposed improvement where any part of the cost is to be borne by the County, the council shall have the same right of approval or protest as though the County were the private owner of the public or exempted land so involved. As to such expenditure for public and exempt lands, the County shall be entitled to be reimbursed out of State revenues by appropriations to be made from time to time by the legislature to the extent of fifty percent of all assessments regularly apportioned against persons, corporations or entities, which are part of any improvement district or frontage improvement and are exempted by law from 12-4