Definitions for business improvement districts

The following definitions shall apply for the purposes of this chapter. (1) “Assessed value of real property” means the gross value of a parcel of land, as defined below, as assessed by the County’s real property tax office, including the assessed value of any improvements thereon. (2) “Bonds” means special improvement district bonds (including refunding bonds) issued pursuant to this chapter. (3) “Bond ordinance” means an ordinance of the council, which authorizes bonds. (4) “Business improvement district” or “district” means a district of land established by the County pursuant to this chapter for providing and financing supplemental services and improvements. (5) “County” means the County of Hawai‘i. (6) “County clerk” means the County clerk of the County of Hawai‘i. (7) “Costs of supplemental improvements” means the following: (A) Cost of acquiring, constructing, installing, improving, or rehabilitating supplemental improvements; (B) Cost of acquiring land or right-of-way for supplemental improvements; (C) Payment of any water, sewer, or other utility connection fee necessary for supplemental improvements; (D) Payment of fees and expenses for planning, architectural, engineering, inspection, legal, financial, or other consultants for supplemental improvements; (E) Reimbursement of an advance of funds for acquiring, constructing, installing, improving, or rehabilitating supplemental improvements; (F) Contribution to a reserve fund for the payment of debt service on bonds issued to finance the costs of supplemental improvements; (G) Not more than two years of interest on bonds issued to finance the costs of supplemental improvements; or (H) Costs of issuance related to the issuance of bonds issued to finance the costs of supplemental improvements, including, but not limited to, payment of legal fees and expenses (including bond counsel), trustee fees and expenses, bond insurance premium, letter of credit, or other credit enhancement fees and expenses. (8) “Costs of supplemental services and improvements” means the following: (A) Cost of obtaining the supplemental services and improvements other than costs of supplemental improvements financed from the proceeds of bonds; (B) Payment of any water, sewer, or other utility connection fee necessary for supplemental services and improvements; (C) Payment of fees and expenses for planning, architectural, engineering, inspection, legal, financial, or other consultants for supplemental services and improvements; and (D) Reimbursement of an advance of funds for the costs of obtaining supplemental services and improvements. (9) “District” means the same as business improvement district. (10) “District association” means an association established pursuant to section 35-18. (11) “District board” means the board of directors of a district association. (12) “Financing supplemental services and improvements by a district” or “financing supplemental services and improvements” means paying for the costs of supplemental services and improvements through the special assessment levied within a district or paying the costs of supplemental improvements from the proceeds of bonds. (13) “Incidental expenses of a district” means the following: (A) Administrative expense of the County associated with the proceedings undertaken pursuant to this chapter or collection of special assessments; (B) Management and administrative costs incurred by the district association; and (C) Any other expense incidental to the creation or operation of a district. (14) “Land” or “parcel of land” means the real property identified by a tax map key parcel number within the district. For purposes of sections 35-13, 35-34, and 35-42, apartments of a condominium property regime shall be deemed to be one parcel of land. (15) “Landowner” or “owner of land” means the owner to whom the real property tax is assessed as shown on the real property tax assessment list, which may be the fee simple owner and/or the lessee of land, regardless of whether such owner is exempt from the payment of such tax. Each parcel of land shall be deemed to have one fee simple owner and one lessee of land, if any, even if owned by a corporation, partnership, joint tenancy, tenancy by the entirety, tenancy in common, or other group of persons. The real property tax assessed value of such parcel of land shall be counted once for purposes of determining the aggregate value of all land in a district or proposed district as provided in sections 35-13, 35-34, and 35-42, even if there is a fee simple owner and a lessee of land for a parcel of land. (16) “Majority” means more than fifty percent. (17) “Ordinance of annexation” means an ordinance that annexes additional land to a district. (18) “Ordinance of consideration” means an ordinance that changes the authorized supplemental services and improvements, the supplemental improvements to be financed, the rate or apportionment of a special assessment, or the boundaries of the district other than an annexation provided in article 5, or that requires the levy of a new special assessment. BUSINESS IMPROVEMENT DISTRICTS § 35-1 (19) “Ordinance terminating the district” means an ordinance that terminates a district at the expiration of the then occurring five-year term. (20) “Supplemental improvements” means any of the undertakings itemized in section 35-3(b). (21) “Supplemental services and improvement area” means an area within a district as set forth in section 35-11(a). (22) “Supplemental services and improvements” means a supplemental service and/or improvement referred to in section 35-3. (2004, ord 04-94, sec 1.)35-1