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KCC §26-1.1Definitions for community facilities districts
Read the official text at ecode360.com ↗This section defines key terms used in the chapter about community facilities districts, such as what counts as a special improvement, who is a landowner, and what types of ordinances can change or end a district. It also explains how government land is treated and that each parcel has one owner.
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The ordinance, as written (Kauaʻi County) — Definitions
A copy, taken August 22, 2026. The version published by Kauaʻi County is the one that governs, and it may have changed since. Check it before relying on anything here.
The following definitions shall apply for the purposes of this Chapter.means an ordinance which authorizes the issuance of community facilities district bonds.means community facilities district bonds (including refunding bonds) issued pursuant to this Chapter.means a district of land established by the County pursuant to this Chapter for financing special improvements.means the following:Cost of acquiring, constructing, installing, improving, or rehabilitating a special improvement;Cost of acquiring real property, easements or rights-of-way for a special improvement;Payment of water, sewer, or other utility connection fees or other development fees necessary for the acquisition, construction, expansion, rehabilitation or operation of a special improvement;Payment of planning, architectural, engineering, environmental inspection, legal, financial, or other consultant fees for a special improvement;Reimbursement of an advance of funds for acquiring, constructing, installing, improving, or rehabilitating a special improvement or administrative proceedings to establish a district;Contribution to a reserve fund for the payment of debt service on bonds issued for a special improvement;Up to two (2) years' worth of interest on bonds for a special improvement; andCost of issuance of bonds for a special improvement, including, but not limited to, payment of bond counsel or other legal fees (including, but not limited to, fees associated with the formation of the district, issuance or refunding of the bonds, legal counsel, or the levy of the special tax lien), trustee fees, printing, underwriter costs and fees, or letter of credit or other credit enhancement cost and other costs and charges in the ordinary course of a municipal bond transaction including County administrative charges.shall mean the Kaua'i County Council.shall mean the County of Kaua'i.shall mean the County Clerk of the County of Kaua'i.means any binding obligation to repay a sum of money, including obligations in the form of notes, bonds, certificates of participation, long-term leases, or loans from government agencies, banks, other financial institutions, private businesses, or individuals.means paying for the following:The costs of or associated with the special improvements through the special taxes levied within a district or community facilities district bond proceeds; orThe debt service on community facilities district debt, the proceeds of which have been used to pay for special improvements.means an area within a district designated in accordance with Section .means the following:Direct or indirect expenses of the County associated with the proceedings and programs undertaken pursuant to this Chapter, including, but not limited to, the administration and collection of special taxes, foreclosure costs, administration of the bonds, payment of arbitrage rebate and a reasonable financing fee; andAny other County expense incidental to the creation or operation of a district.means the owner of land as shown on the real property tax assessment list, except as otherwise provided under Paragraphs (1), (2), or (3) below:The term means a lessee of land who is not shown as the owner on the real property tax assessment list, unless the fee simple owner files with the Council either of the following before the close of the public hearing on the establishment of a district or addition of land to an existing district, as applicable. If the fee simple owner files either of the following with the Council, the fee simple owner shall be deemed the "landowner":A written, signed, and notarized statement that the lease does not require the lessee to pay any proposed special tax and a written undertaking by the owner to pay any special tax and to refrain from imposing the obligation to pay any special tax upon any successor lessee; orA written waiver, signed and notarized by the fee simple owner, of any requirement in the lease that the lessee pay any special tax and a written undertaking by the owner to pay any proposed special tax and to refrain from imposing the obligation to pay any special tax upon any successor lessee.The term does not include an entity of the Federal, State, or County government. Such an entity shall have no right to petition under Section , , , or or to protest under Section , , , , or . The public entity and its land shall be disregarded when computing the total number of landowners and amount of land eligible for petition or protest purposes.When a property or any portion thereof is the subject of a quiet title action, that portion shall not be eligible for Community Facilities District designation under this Chapter until the quiet title action is completed.Each parcel of land shall be deemed to have one (1) owner, even if owned by a corporation, partnership, joint tenancy, tenancy by the entirety, tenancy in common, or other group of persons.means an ordinance which annexes additional land to a district.means an ordinance which changes the term of a district, special improvements to be financed, or rate or method of apportionment of a special tax or an ordinance which levies a new special tax within an existing district.means an ordinance which terminates a district before the expiration of the term specified in the ordinance of formation.means an ordinance which establishes a district.means a resolution, the adoption of which institutes proceedings to establish a district.means a special improvement referred to in Section .means a tax levied in accordance with this Chapter.
Read the official text at ecode360.com ↗as published Jan 1, 2026our copy taken Aug 22, 2026 The County of Kauaʻi publishes this code through eCode360 and states that it is provided for information only and should not be considered the official version of the Code.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.