Starting a community facilities district with a resolution

The procedure for the establishment of a district shall be instituted by the adoption of a resolution of intention to establish the district which shall do all of the following: (a) State that a district is proposed to be established under the terms of this chapter and describe the term of the proposed district and the boundaries of the territory proposed for inclusion in the district, which may be accomplished by reference to a map on file in the office of the director, showing the proposed district. The term of the district shall be a specified period of years but shall not expire until all bonds and other debt incurred pursuant to this chapter, and incidental expenses related thereto, payable from special taxes levied on property in the district shall have been paid or duly provided for. (b) State the name proposed for the district in substantially the following form: “Hawai‘i County Community Facilities District No.____.” One or more additional descriptive words may be used in the name of the proposed district to indicate the geographic area of the district. (c) State the type or types of facilities proposed to be financed by the district pursuant to this chapter. If the purchase of completed facilities or the incurring of incidental expenses is proposed, the resolution shall identify those facilities or the type of such expenses, as the case may be. (d) State that, except where funds are otherwise available, a special tax sufficient to pay for all facilities, including incidental expenses, will be annually levied within the district. The resolution shall describe the estimated rate and proposed method of apportionment of the special tax in sufficient detail to allow each landowner within the proposed district to estimate the maximum annual amount that the landowner will have to pay. The council may prohibit prepayment of the special tax or may specify conditions under which the special tax may be prepaid and permanently satisfied, which conditions may include periods during which prepayment will not be permitted and the requirement that a premium be paid upon prepayment. (e) State whether the County intends to issue bonds under this chapter in whole or in part payable from and secured by the special tax. (f) Fix a time and place for a public hearing on the establishment of the district which shall be not less than sixty or more than ninety days after the adoption of the resolution of intention. SPECIAL IMPROVEMENT FINANCING BY COMMUNITY FACILITIES DISTRICTS § 32-20 (g) Describe the protest procedure. If an improvement area is proposed to be established, the resolution of intention shall also state and describe the boundaries of the proposed improvement area, the name proposed for the improvement area, the types of facilities proposed to be financed by the improvement area and whether and to what extent it is proposed that special taxes shall be applied in the improvement area for purposes of financing such facilities. (1994, ord 94-77, sec 3.)32-20