COM 0647.007 2002-2004 - Laserfiche WebLink

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Draft bills and committee reports are attached for your information. Bill No. 280, Section -18 was drafted kith the following language: °(a) there shall be a district association for each business improvement district established pursuont to the provisions of this chapter. "I~he district association shall be a nonprofit corporation and shall hay c one or more lasses of membership, voting or nonvoting. The purpose of the association shall be the carrying out (sic) [ofJ such activities as may be prescribed in the district plan. "The articles of incorporation or bylaws of such association shall provide for voting representation of fee simple owners and lessees of land within the district and may provide that the votes of members ~~ho are owners of land be weighted in proportion to the assessment levied or to be levied against the parcels of land ~ ithin the district and that members whose properties are exempt from the assessment are nonvoting members. (b) The district board shall be composed of representatives of fee simple owners, lessees of land, and tenants of commercial space within the district; provided, however, that not less than a majority of the district board members shall represent fee simple owners and lessees of land; and provided fwther [hut tenants of commercial space within the district shall also be represented on the district board. The district board shall also include the following, all of whom shall serve as the incorporators of the association pursuant to the Hawaii Nonprofit Corporation Act: (I) The director of the department of facilities maintenance or the director's designated representative, who shall be a nonvoting member; (2) The director of the department of budget and fiscal services or the director's designated representative, who shall be a nonvoting member; (3) The mayor or the mayor's designee, who shall be a voting member; and (4) The council member of the district within which the majority of the land area within ~~hich the district is located or the council member's designated representative, who shall be a voting member. The district association may be incorporated prior to the effective date of any disu~ict established pursuant to this chapter. {c) In addition to such other powers as are conferred to it by law or this chanter, the district board shall have the uower to carry out the activities prescribed in the district plan, including but not limited to: (I) Determining die scope and specifications for the perfom~ance standards; (2) Lettin¢ contracts for the supplemental services or for die management of~erations of the district; (3) ~nterine into contracts for the development of plans, design, construction and/or renovation ofsupulemental imurovements; and (1) Adopting the annual budget for the district." (emphasis added) A response in time for the July 12, ?004, Finance Committee agenda deadline or in advance of the.lul~ 22 Finance Committee meeting would be appreciated. Since the Committee will be inviting people fi~om Oahu who are familiar with the City and Counq~'s enabling ordinance and implementation, we are requesting an opinion prior to the meerimz ro allow time for drafting possible amendments. Thank you in advance for your prompt response. att. ce: I=inanee Committee Members