How the County Creates a Business Improvement District

(a) If the council determines to establish a district, it shall do so by ordinance. The ordinance establishing the district shall at least do all of the following: (1) State that a district is established under the terms of this chapter. (2) State the name of the district in substantially the following form: “County of Hawai‘i Business Improvement District No. ____.” One or more additional descriptive words may be used in the name of the district to indicate its geographic area. (3) State that the initial term of the proposed district is for five years, which is automatically renewed unless an ordinance of termination is adopted in which case operations of the district shall cease although the term shall not expire until all debt service on bonds and incidental expenses and supplemental services expenses related thereto are fully paid or irrevocable provision for such payment has been made. (4) List the parcels of land to be assessed within the district identified by tax key number. (5) State the general boundaries of the district and/or provide a map generally showing the same. Should any discrepancy exist between the map and the description of the boundaries of the district, the map shall control. (6) State the supplemental services and improvements to be provided and financed by the district and the total annual amount proposed to be expended for the supplemental services and improvements in the first operating year. If the incurring of incidental expenses is proposed, the ordinance shall identify the estimated expenses. (7) Specify the principal amount of bonds to be issued, if any, to finance supplemental improvements in the district. (8) State the incidental expenses to be paid from the special assessment. (9) If a service area within the district is proposed to be established, state and describe the boundaries of the proposed service area, the name proposed for the service area, the supplemental services and improvements proposed to be financed by the district for the service area, and to what extent it is proposed that the district special assessments will be used in the service area for purposes of financing such services and improvements. (10) State the rate and method of apportionment pursuant to which the first year’s special assessment is to be levied. (11) Prescribe the procedures for approval by the appropriate agency of the County for the design, plans and specifications of any supplemental improvements to be undertaken in a district. (12) Include any other information required by section 46-80.5, Hawai‘i Revised Statutes, or this chapter. BUSINESS IMPROVEMENT DISTRICTS § 35-11 (b) When the ordinance establishing the district is passed on second reading, the council shall determine whether all proceedings were valid and in conformity with the requirements of this chapter. If the council so determines, it shall make a finding to that effect. The finding shall be final and conclusive. (2004, ord 04-94, sec 1.)35-11