Chapter 35 Business Improvement Districts

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§ 35-3 HAWAII COUNTY CODE (E) Construction of pedestrian overpasses and underpasses and connections between buildings; (F) Closing, opening, widening or narrowing of existing streets; (G) Construction of ramps, sidewalks, plazas, and pedestrian malls; (H) Rehabilitation or removal of existing structures as required; (I) Removal and relocation of utilities and utility vaults as required; (J) Construction of parking lot and parking garage facilities; and (K) Construction of fixtures, equipment, facilities and appurtenances as may enhance the movement, convenience and enjoyment of the public and be of economic benefit to district properties such as: bus stop shelters; benches and street furniture; booths, kiosks, display cases and exhibits; signs; receptacles; canopies; pedestrian shelters and fountains. (3) To provide for the operation, maintenance, removal and replacement of any supplemental service or improvement. (b) Any supplemental service or improvement undertaken by a district shall conform with all applicable laws, rules and regulations. It is the intent of the council that the level of services being provided by the County in a district as of the effective date of the ordinance establishing such district be unaffected by that ordinance or the levying of the special assessments. The ordinance establishing such district shall describe such level of services. (2004, ord 04-94, sec 1.) Section 35-4. Payment of existing special assessments. A district may pay in full all amounts necessary to eliminate or reduce any special assessment liens. (2004, ord 04-94, sec 1.) Section 35-5. Advances of funds, work, or property in kind. After the formation of a district, the district board may accept advances of funds, work, or property in kind from any source. The district board may enter into an agreement with the person or entity advancing the funds, work, or property in kind to repay all or a portion of the funds advanced or to reimburse the person or entity for the value or cost, whichever is less, of the work or property in-kind, as determined by the district board, with or without interest; provided that the proposal to repay the funds or reimburse the value or cost of the work or property in kind is included in the ordinance of formation for the district. Any such agreement shall not constitute a debt or liability of the County or be payable from sources other than the proceeds of the special assessments levied pursuant to this chapter. (2004, ord 04-94, sec 1.) Section 35-6. Superiority over conflicting provision of other ordinance. When any provision of this chapter conflicts with any other provision or ordinance, the provision of this chapter shall prevail. (2004, ord 04-94, sec 1.) 35-4