Rules for building water facilities outside an improvement district

(a) Notwithstanding any other provisions in this chapter to the contrary, in the event that a portion of the improvements proposed to be made consist of water facilities outside of the boundaries of a proposed improvement district which in whole or in part will serve the improvement district, and if there exists with respect to such facilities an arrangement or agreement pursuant to which: (1) The responsibility for the costs of such facilities in excess of a specified sum has been fixed; (2) The plans and specifications for such facilities will be approved by the department of water supply; and (3) The plans and specifications will not be prepared nor the contract for construction of such facilities be ready to be advertised and awarded until a time or times beyond the time or times when the proceedings pursuant to this chapter for construction of the proposed improvements by assessment could otherwise be commenced and prosecuted; then the council may determine to proceed pursuant to this section. (b) The determination to proceed shall be made in the resolution proposing to make the improvements, and the following provisions shall then be applicable to the proceedings: (1) For the purpose of the report provided for in section 12-10 the preliminary plans for such off-site water facilities need only be general in nature and the estimates therefor shall be the sums specified by the aforementioned arrangement or agreement. (2) Section 12-20 shall not be applicable, and for the purpose of the report provided for in sections 12-18 and 12-19 the preliminary plans used for the report provided for in sections 12-10(a) and (b) (general in nature only as provided in subsection (b)(1) above) shall be sufficient, if adopted by the council in its resolution proposing to make the improvements. 12-18.1 SUPP. 8 (7-2020) (3)For the purpose of section 12-27, the portion of the total amount of the cost of the improvements attributable to such off-site water facilities shall be based upon said sum or sums specified by the aforementioned arrangement or agreement, rather than upon a bid of a lowest responsible and reliable bidder for such off-site water facilities. (4) If section 12-28(a)(4) is applicable to the proceedings, the council need not request a call for bids on such off-site water facilities. (5) At such time as the final details, plans and specifications for such off-site water facilities are prepared, approved by the department of water supply and by resolution approved and adopted by the council, the contract for construction thereof shall be advertised and awarded by the department of water supply pursuant to the provisions of sections 12-23,* 12-24 and 12-25.* All remaining funds after payment of the costs of such facilities shall be transferred to and become a part of the reserve fund. * Editor’s Note: Sections 12-23 and 12-25, Hawai‘i County Code, were repealed by Ordinance 02-82. SUPP. 8 (7-2020) 12-18.2 IMPROVEMENTS BY ASSESSMENTS § 12-27