Chapter 35 Business Improvement Districts

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§ 35-18 HAWAII COUNTY CODE (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 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 Corporations Act:* (1) The director of public works or the director's designated representative, who shall be a nonvoting member; (2) The director of finance 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 which the district is located or the council member's designated representative, who shall be a voting member. (c) The district association may be incorporated prior to the effective date of any district established pursuant to this chapter. (d) In addition to such other powers as are conferred to it by law or this chapter, the district board shall have the power to carry out the activities prescribed in the district plan, including but not limited to: (1) Determining the scope and specifications for the performance standards; (2) Letting contracts for the supplemental services or for the management of operations of the district; (3) Entering into contracts for the development of plans, design, construction and/or renovation of supplemental improvements; and (4) Adopting the annual budget for the district. (2004, ord 04-94, sec 1.) Editor's Note: The Hawai`i Nonprofit Corporations Act is set forth in chapter 414D,Hawaii Revised Statutes. Section 35-19. Financial records. (a) The district board shall maintain financial records regarding the operation of the district and the contracts for supplemental services and improvements. (b) The district board shall make such financial records available to the public during regular business hours upon reasonable notice to the district board. (c) The council, by the ordinance establishing the district, may have the financial records audited by a certified public accountant and the audit report made available to the council and the public. (2004, ord 04-94, sec 1.) 35-10