Definitions for community facilities districts

The following definitions shall apply for the purposes of this chapter. "Applicable land" means land in the existing district, land in the area proposed to be annexed, or land in both the existing district and area proposed to be annexed. "Bond ordinance" means an ordinance which authorizes the issuance of community facilities district bonds. "Bonds" means community facilities district bonds (including refunding bonds) issued pursuant to this chapter. "Community facilities district" or "district" means a district of land established by the County pursuant to this chapter for financing special improvements. "Cost of a special improvement" means the following: 1. Cost of acquiring, constructing, installing, improving, or rehabilitating a special improvement. 2. Cost of acquiring real property or right-of-way for a special improvement. 3. Payment of water, sewer, or other utility connection fee necessary for a special improvement. 4. Payment of a planning, architectural, engineering, inspection, legal, financial, or other consultant fee for a special improvement. 5. Reimbursement of an advance of funds for acquiring, constructing, installing, improving, or rehabilitating a special improvement or administrative proceedings to establish a district. 6. Contribution to a reserve fund for the payment of debt service on bonds issued for a special improvement. 7. Not more than two years' worth of interest on bonds for a special improvement. 8. Cost of issuance of bonds for a special improvement, including, but not limited to, payment of bond counsel or other legal fee, trustee fee, bond insurance premium, or letter of credit or other credit enhancement cost. "County clerk" means the County clerk of the County of Maui. "Debt" means any binding obligation to repay a sum of money, including obligations in the form of bonds, certificates of participation, long-term leases, or loans from government agencies, banks, other financial institutions, private businesses, or individuals. "Designated costs of issuing the refunding bonds" means any of the following costs and expenses designated by the council in the bond ordinance authorizing the issuance of the refunding bonds: 1. All expenses incident to the calling, retiring, or paying of the bonds to be refunded and incident to the issuance of refunding bonds, including the charges of any agent in connection with the issuance of the refunding bonds or the redemption or retirement of the bonds to be refunded. 2. The interest upon the refunding bonds from the date of sale of the refunding bonds to the date of payment of the bonds to be refunded or the date upon which the bonds to be refunded will be paid pursuant to call or agreement with the holders of the bonds. 3. Any premium necessary in the calling or retiring of the bonds to be refunded. 4. Any insurance premium or fee payable to the issuer of a bond insurance policy or letter of credit insuring all or part of the principal and/or interest due on the refunding bonds. 5. Any other incidental expense related to the issuance or carrying of the refunding bonds or the redemption or refunding of the bonds to be refunded. "Director" means the director of finance of the County of Maui, or an authorized representative. "Financing special improvements by a district" or "financing special improvements" means paying for the following: 1. The costs of special improvements through the special taxes levied within a district or community facilities district bond proceeds. 2. The debt service on community facilities district bonds, the proceeds of which have been used to pay for special improvements. "Improvement area" means an area within a district designated in accordance with section 3.75.240 . "Incidental expense of a district" means the following: 1. Administrative expense of the County associated with the proceedings undertaken pursuant to this chapter, collection of special taxes, or payment of debt service on bonds. 2. Any other expense incidental to the creation or operation of a district. "Landowner" or "owner of land" means the following: 1. The owner of land as shown on the real property tax assessment list, except as otherwise provided under subdivisions (2) or (3). Each parcel of land shall be deemed to have one owner, even if owned by a corporation, partnership, joint tenancy, tenancy by the entirety, tenancy in common, or other group of persons. 2. The lessee of land who is not shown as the owner on the 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 annexation of land to an existing district, as applicable: a. A written 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; or b. A written waiver 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. If the fee simple owner files either with the council, the fee simple owner shall be deemed the "landowner." 3. The term shall not include an entity of the federal, state, or county government. Such an entity shall have no right to petition under sections 3.75.100 , 3.75.160 , 3.75.190 , 3.75.390 , or 3.75.490 or to protest under sections 3.75.180 , 3.75.440 , 3.75.540 , or 3.75.620 . The entity and its land shall be disregarded when computing the total number of landowners and amount of land eligible for petition or protest purposes. "Ordinance of annexation" means an ordinance which annexes additional land to a district. "Ordinance of consideration" 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. "Ordinance of early termination" means an ordinance which terminates a district before the expiration of the term specified in the ordinance of formation. "Ordinance of formation" means an ordinance which establishes a district. "Residential parcel" means a parcel classified as residential for real property tax purposes. "Resolution of intention" means a resolution, the adoption of which institutes proceedings to establish a district. "Special improvement" means a special improvement referred to in section 3.75.050 . ( Ord. No. 4947 , § 1, 2018)