Honolulu City Council Policy Resolutions(Link to original Word Processing Version)
ESTABLISHING A NEW ASSESSMENT POLICY IN IMPROVEMENT DISTRICT
PROCEEDINGS.
WHEREAS, the City desires to encourage the construction of
public improvements through improvement district proceedings; and
WHEREAS, increased City participation in the costs of
improving public streets would tend to accomplish this objective;
and
WHEREAS, such increased participation by the City would also
result in a more reasonable and realistic method of apportionment
of costs of improvement district projects; now, therefore,
BE IT RESOLVED by the Council of the City and County of
Honolulu that Resolution No. 119 adopted in April 1962 be, and
hereby is, repealed and that the following be, and hereby is,
adopted as the new policy of the City with reference to the
apportionment of costs in improvement district proceedings:
Section 1. Definitions.
a. Special benefits shall mean those benefits resulting
from the improvements, above and beyond the general
benefits, which increase the market value of the
assessed property.
b. General benefits shall mean those benefits flowing to
the general public as a result of any improvement.
c. Improvements shall mean those improvements and
betterments referred to in Chapter 24, R.O. 1969 as
amended.
Section 2. Legislative Findings.
The Council hereby finds that in the construction of
improvements:
a. Primarily special benefits accrue:
(1) From the construction of streets up to the
following widths of right-of-way and pavement:
Residential
(See footnote 1) 44 ft. 28 ft.
Industrial 56 ft. 40 ft.
High Density Hotel 60 ft. 40 ft.
(2) From the construction of reinforced concrete
driveway aprons where none previously existed or
were then inadequate to properly serve the
assessed property.
b. Both special and general benefits accrue:
(1) From the construction of that portion of a street
in excess of the widths specified in item a(1)
above.
(2) From the construction of water, sewer and drainage
improvements.
(3) From the construction of curbings and concrete
sidewalk.
c. Primarily general benefits accrue from the construction
of traffic islands, medial strips, traffic control
systems and fire alarm systems.
Section 3. Participation in costs when City initiates
improvement district under Section 24-3.1, R.O. 1969, other than
at the request of property owners under Sections 24-3.2 and 24-3.3, R.O. 1969.
a. Costs to be borne by the City.
(1) For the construction of streets the widths of
which are equal to or less than the widthsspecified in item (1) of Section 2a:
(a) The City shall bear all of the costs of
engineering, survey, incidentals, inspection
and improvement at intersections, as provided
in Section 24-2.1, R.O. 1969.
(b) Except as provided in item (3) of this
subsection and in subsection c, the City
shall bear one-half of all other costs.
(2) For the construction of streets the widths of
which exceed the widths specified in item (1) of
Section 2a:
(a) Except as provided hereinbelow, the City
shall bear the costs as specified in item (1)
above up to the widths specified in item (1)
of Section 2a.
(b) As to that portion of a street in excess of
the right-of-way width specified in item (1)
of Section 2a for streets within areas
planned for residential use the City shall
bear all of the costs of right-of-way,
pavement, excavation and such other costs
arising from the construction of the portion
of the street in excess of the widths
specified in item (1) of Section 2a.
(c) As to that portion of a street in excess of
the right-of-way width specified in item (1)
of Section 2a for streets within areas
planned for hotel or apartment, industrial or
business uses, the City shall bear two-thirds
of the costs of right-of-way, pavement,
excavation and such other costs arising
wholly from the construction of that portion
of the street in excess of the widths
specified in item (1) of Section 2a.
(3) The City shall bear all of the costs applicable to
the construction of traffic islands, medial
strips, traffic control systems and fire alarm
systems.
b. Costs to be borne by properties specially benefited.
(2) Except as provided in subsection c and d,
hereinbelow, properties specially benefited shall
bear all of the costs not borne by the City.
c. For water, sewer and drainage improvements, assessments
shall be in accordance with existing ordinances.
d. Notwithstanding any provision to the contrary, no
property shall be assessed in excess of the special
benefits received, except as provided in Section 5
hereinbelow.
Section 4. Improvement district created by petition of owners
pursuant to Sections 24-3.2 and 24-3.3, R.O. 1969.
a. Costs to be borne by the City.
(1) The City shall bear all of the costs applicable to
the construction of traffic islands, medial
strips, traffic control systems and fire alarm
systems, if such construction is required by the
City.
(2) As to the construction of streets the widths of
which exceed the widths specified in item (1) of
Section 2a, the City shall bear two-thirds of the
costs of right-of-way, pavement, excavation and
such other costs arising wholly from the
construction of that portion of the street in
excess of the widths specified in item (1) of
Section 2a for streets within areas planned for
residential, hotel or apartment, industrial or
business uses.
b. Costs to be borne by property owners.
Property owners shall bear all of the costs not
borne by the City; provided that for water, sewer
and drainage improvements, assessments shall be
according to existing ordinances.
c. City participation under this section shall be
subject to availability of funds and shall require
prior approval of the Council.
Section 5. Election by property owners to pay additional
amounts.
Notwithstanding any provision above mentioned as to apportionment
of costs, owners of properties may pay by way of assessment or
otherwise more than the amounts required by such provisions
relating to apportionment of costs.
Section 6. Low Income Assessment Deferral.
Notwithstanding any of the above provisions, the Finance Director
may defer assessment principal and interest due from property
owners residing on properties within an improvement district and
whose incomes do not exceed the limits established by the Finance
Director.
Section 7. State and Federal Funds
Notwithstanding any of the above provisions, State and Federal
funds received for an improvement district project shall to the
extent practicable, be used to defray the property owners' share
of such improvement district project.
Whenever the Chief Engineer finds that the apportionment of
costs, as proposed in this policy, would result in inequities, he
is hereby authorized and directed to submit his recommendations
to the Council as to how such inequities may be corrected.
INTRODUCED BY:
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September 21, 1977 _________________________________
Adopted Meeting Held:
September 21, 1977
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