ORD 2004-094 2002-2004 - Laserfiche WebLink

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Section -15. District term. The initial term of a district shall be for five years unless earlier terminated under Article 6. The term shall automatically renew for additional five-year terms unless an ordinance terminating the district is adopted, in which case the operations of the district shall cease except for payment, or providing irrevocably for payment, of all debt service on bonds, supplemental services expenses and incidental expenses related thereto. Section -16. Financing oTsupplemental services and improvements; payment of debt service on any bonds issued to finance improvements; payment of incidental expenses identified in ordinance establishing the district. (a) Only the expenses of supplemental services and improvements identified in the ordinance establishing a district may be paid from the special assessments levied within a district. (h) Only the debt service on any bonds issued to tnance costs of supplemental improvements within the district and identified in the ordinance establishing the district may be paid Gom the special assessments levied within a district. (c) Only the incidental expenses identified in the ordinance establishing the district may be paid from the special assessments levied within a district. Section -17. Designation of supplemental service and improvement area. For the purpose of financing specified supplemental services and improvements, the council may designate a portion of a business improvement district as a supplemental service and improvement area. The designation shall be made in the ordinance establishing the district or an amendment thereto. A specified supplemental service and improvement area shall be known as "Service Area No. of Counh of Hawaii Business Improvement District No. After the designation of a service area, all proceedings to levy assessments for the financing of the specified supplemental services and improvements shall apply only to the service area, except to the extent otherwise provided in the ordinance establishing the district. Section -18. District association. (a) There shall be a district association for each business improvement district established pursuant to the provisions of this chapter. The district association shall be a nonprofit corporation and shall have one or more classes of membership, voting or nonvoting. The purpose of the association shall he the carrying out of 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 oN~ners and lessees of land within the district and may provide that the votes of members who are owners of land be weighted in proportion to the assessment levied or to be levied against the parcels of land within the district and that members whose properties are exempt from the assessment are nonvoting members. Any board or association established for the purposes of carrying out the management and activities of the business improvement district shall neither be deemed to be a govermnent department, agency, or a county, nor to be performing services nn behalf of a government department, agency or county. (h) 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 further that 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 public works or the director's designated representative, who shall be a nonvoting member; 7