Definitions for community facilities districts

Unless the context otherwise requires, the definitions contained in this article shall govern the construction of this chapter. “Bonds” means community facilities district bonds (including refunding bonds) issued pursuant to this chapter. “Clerk” means the clerk of the council of the County. “Community facilities district” means a district of land established by the County pursuant to this chapter for the sole purpose of financing facilities, including costs and incidental expenses. Land may be included in more than one community facilities district. “Cost” means the expense of acquiring, constructing, installing, improving or rehabilitating facilities, including, but not limited to, the costs of construction, improvement or acquisition of buildings, acquisition of land, rights-of-way, water, sewer, or other capacity or connection fees, lease payments for facilities that are relocated, satisfaction of contractual obligations relating to expenses or the advancement of funds for expenses existing at the time bonds are issued pursuant to this chapter; architectural, engineering, inspection, legal, financial and other consultant fees; bond and other reserve funds; discount fees; interest on any bonds due and payable prior to the date of estimated completion of the facilities and for a period after that date determined by the council; costs of proceedings undertaken pursuant to this chapter, including, but not limited to, a reasonable fee to the County for undertaking such proceedings; and all costs of issuance of bonds, including, but not limited to, fees for bond counsel, other legal fees, trustee fees, costs of obtaining credit ratings, bond insurance premiums, fees for letters of credit, other credit enhancement costs, printing costs, and incidental expenses related thereto. “Council” means the council of the County. “County” means the County of Hawai‘i. “Debt” means any binding obligation to repay a sum of money, including obligations in the form of bonds, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals. “Director” means the director of finance of the County. “District” means a community facilities district established pursuant to this chapter, and “financed by the district” means financed by the County using special taxes and any other moneys (including proceeds of bonds) derived from the district. “Facilities,” “improvements” or “special improvements” means the special improvements referred to in section 32-7, including costs and incidental expenses related thereto. “Improvement area” means an area within a district so designated in accordance with section 32-59. “Incidental expense” includes all of the following: (1) The cost of planning and designing facilities to be financed pursuant to this chapter, including the cost of environmental evaluations of those facilities. (2) The costs associated with the creation of the district, issuance, carrying or repaying of bonds, determination of the amount of taxes, collection of taxes, payment of taxes, or costs otherwise incurred in order to carry out the authorized purposes of the district, including financing, consulting, trustee and legal fees, replenishment of any reserves established in connection with bonds and arbitrage rebate required by Federal tax law. (3) Any other expenses incidental to the acquisition, construction, installation of facilities or inspection of the authorized work. (4) Administrative expenses of the County associated with the facilities, the bonds or proceedings undertaken pursuant to this chapter. “Landowner” or “owner” of land means any person shown as the owner of land by record of the director or any other means reasonably available or otherwise known by the County to be the owner of the land. The County has no obligation to obtain other information as to the ownership of the land, and its determination of ownership shall be final and conclusive for the purpose of this chapter. A public body is not a landowner or owner of land for purposes of this chapter, unless the land owned by a public body would be subject to a special tax pursuant to section 32-54. (1994, ord 94-77, sec 3.)32-16 SPECIAL IMPROVEMENT FINANCING BY COMMUNITY FACILITIES DISTRICTS § 32-17