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HomeMy WebLinkAboutCOM 0647.009 2002-2004 VNSV O~ H,~ J. CURTIS TYLER, III Bus: (808) 327-3666 v;~~e ch,F~. Fax: (808) 326-5697 Dislrrc~ X gVurv/a A"orenJ ctyler giotcrpac nut ~O_~N}i HAWA[`I COUNTY COUNCIL ~ _ r- _ _ July 26, 2004 TO: Council Members FROM: J. Curtis Tyler, 111 id.{v Vice Chair RE: Bill No. 280, Draft 2 Business Improvement Districts "Phis is to transmit Bill No. 280, Draft 2, which was the result of amendments made at the Finance Committee Meeting on July 22, 2004. The amendments were formatting and clerical corrections for the most par[. 1. TITLE AN ORDINANCE AMENDING THE HAWAII COUNTY CODE 1983 (1995 EDITION) AS AMENDED, BY ADDING A NEW CHAPTER RELATING TO BUSINESS IMPROVEMENT DISTRICTS. 2. Page 2-3/Definitions/Remaining definitions were renumbered. (16) "Majority" means more than fifthpercent. 3. Sections -3 and 4 were moved to become new Section 6 and 7. Consequently, Sections 5, 6 and 7 were renumbered to Sections 3, 4 and 5. References to Section 5 throughout the chapter were changed to Section 3 (see Section ~ I (20) and (22). 4. New Section -3 was reformatted as follows: Section ~5~ 3. Types of supplemental services and improvements. ~ A district may be established to provide and finance supplemental services and improvements as follows: [(a)]~ [A district may be established to] To provide for and finance additional maintenance, security or other additional services required for the enjoyment and protection of the public and the promotion and enhancement of such district to restore or promote business activity whether or not in conjunction with improvements authorized by this section including: Kona Council Ofticc: 77-6399 Nalani titrcct • Suitc 104 • Kailua-Kona • Hawaii • 96780-8980 Comm. No. Hawai `i Coun[v is an Equa! Opportunity Provider and Employer Ref. TO: ~resenfvd 11 ~.R'~', Ref. Uate ([1 ]A) Services to enhance the security of persons and property within the district; ([2]B) Landscaping services; ([3]C) Enhanced sanitation services; ([4]D) Services promoting and advertising activities within the district; ([5]E) Marketing education for businesses within the district; and ([6]F) Decorations and lighting for seasonal and holiday purposes. ([b]2) [A district may be established to] To provide and finance, to the extent permiUcd by law, supplemental improvements located on or within the county or the district which will restore or promote business activity in the district, including: ([1]A) Construction and installation of landscaping, planting and park arms; ([2]B) Construction of lighting facilities; ([3]C) Construction of physically aesthetic and decorative safety fixtures, equipment and facilities; ([4]D) Construction of improvements to enhance security of persons and property within the district; ([5]E) Construction of pedestrian overpasses and underpasses and connections between buildings; ([6]F) Closing, opening, widening or narrowing of existing streets; ([7]G) Construction of ramps, sidewalks, plazas, and pedestrian malls; ([8]H) Rehabilitation or removal of existing structures as required; ([9]I) Removal and relocation of utilities and utility vaults as required; ([10]J) Construction of parking lot and parking garage facilities; and ([1 I ]K) Construction of fixtures, equipment, facilities and appurtenances as may enhance the movement, convenience and enjoyment of the public and he 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. ([c]3) [A district may be established to] To provide for the operation, maintenance removal and replacement of any supplemental service or improvement. ([d]b) Any supplemental service or improvement and regulations. [(e)] It is the intent of the council ...shall describe such level of services. 4. Titles to Articles 2, 4, 5 and 6 were changed to read Article 2. Proceedings to Establish a District. Article 4. [Changes in] Proceedings to Chance Authorized Supplemental Services, Improvements and Assessment. Article 5. [Annexation of Territory] Proceedings to Annex Land. Article 6. jTermination ofl Proceedings to Terminate a District. 5. Per State Legislative Drafting Manual, spelled out numbers generally (except 1 10 percent on pages 8 and 9). 6. Replaced "department of budget and fiscal services" with "department of finance." 7. Replaced "department of facilities maintenance" with "department of public works." 8. Section -13(b) and (c) relating to protests: (b) If the landowners owning lands proposed to be assessed within the district that have a real property [ax assessed value of fifty-one percent [plus one] or more of the total real property tax assessed value of all land proposed to be assessed in the district or if [fifty percent plus one or more] a maiority of the owners of land proposed to be assessed in the district file written protests with the council before or at the public hearing against the proposed ordinance establishing the district and if protests are not withdrawn so as to reduce the amount of the protests to less than a majority, the proceedings to create the specified district shall cease. No proceedings to create the district shall again be undertaken for a period of ninety days from the date on which proceedings cease. Council may continue the public hearing or recess the meeting to provide the county clerk time to count the protests and any withdrawals. 9. Section -18(a)/3`a and last sentence: "....The purpose of the association shall be the carrying out of such activities as may be prescribed in the district plan..... levied against the parcels of land within the district and that members whose properties are exempt from the assessment are nonvoting members. Anv board or association established for the purposes of carrot; out the management and activities of the business improvement district shall neither he deemed to he a government department agency or a county nor to be performing services on behalf of a sovernment de~rtment, agency or counri. 10. Section _-21(c): "An owner of land who was not entitled to protest a proposed ordinance under sections [36-2.4, 36-4.7, or 36-5.6] -13, -34 or -42 shall not be subject to an assessment levied on that owner's land pursuant to such ordinance. I I . Section -27.: "If a parcel of land subject to an assessment is acquired by the county by foreclosure[or gift or devise], the parcel of land shall be sold as soon as practicable 12. Section -34(a): "(a) If the landowners owning lands which are assessed or proposed to be assessed within the district that have a real property tax assessed value of more than fifty percent of the total real property tax assessed value of all land assessed or proposed to be assessed in the district or if [more than fifty percent] a maiority of the owners of land assessed or proposed to be assessed in the district file written protests with the council Special thanks goes to Deputy Corporation Counsel Bobby Jean Leithead-Todd who reviewed bill No. 280 for formatting and drafting concerns. Att.