Definitions for community facilities districts

For the purposes of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning. Bond Ordinance. An ordinance which authorizes the issuance of community facilities district bonds. Bonds. Community facilities district bonds (including refunding bonds) issued pursuant to this chapter. City Clerk. The city clerk of the City and County of Honolulu. Community Facilities District or District. A district of land established by the city pursuant to this chapter for financing special improvements. Cost of a Special Improvement. Includes 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; or (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. Debt. 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. Financing Special Improvements by a District or Financing Special Improvements. Paying for the following: (1) The costs of special improvements through the special taxes levied within a district or community facilities district bond proceeds; or (2) The debt service on community facilities district bonds, the proceeds of which have been used to pay for special improvements. Improvement Area. An area within a district designated in accordance with § 27-2.15 . Incidental Expense of a District. Includes the following: (1) Administrative expense of the city associated with the proceedings undertaken pursuant to this chapter, collection of special taxes, or payment of debt service on bonds; or (2) Any other expense incidental to the creation or operation of a district. Landowner or Owner of Land. Is subject to the following: (1) The term means the owner of land as shown on the real property tax assessment list, except as otherwise provided under subdivision (2) or (3); (2) The term means a 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”; and (3) The term does not include an entity of the federal, State, or city government. Such an entity shall have no right to petition under § 27-2.1 , 27-2.7, 27-2.10, 27-4.3, or 27-5.3 or to protest under § 27-2.9 , 27-4.8, 27-5.8, or 27-6.6. 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. 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. Ordinance of Annexation. An ordinance which annexes additional land to a district. Ordinance of Consideration. 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. An ordinance which terminates a district before the expiration of the term specified in the ordinance of formation. Ordinance of Formation. An ordinance which establishes a district. Resolution of Intention. A resolution, the adoption of which institutes proceedings to establish a district. Special Improvement. A special improvement referred to in § 27-1.5 .