Loading...
HomeMy WebLinkAboutORD 1994-076 1992-1994f COUNTY OF HAWAIL:... _~$TATE OF HAWAII BILL NO. 246 ORDINANCE NO. 9~ 76 AN ORDINANCE REPEALING ORDINANCE 94-35 AND CREATING A NEW CHAPTER TO IMPLEMENT TAX INCREMENT FINANCING IN THE COUNTY OF HAWAII BY ESTABLISHING THE PROCEDURES TO BE FOLLOWED IN THE CREATION OF A TAX INCREMENT DISTRICT. HE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance 94-35 is hereby repealed. SECTION 2. Purpose. The purpose of this bill is to add a chapter to the Hawaii County Code establishing the procedures to be followed in the County of Hawaii for the creation of tag increment districts. The council recognizes that tas increment financing can provide funds for needed planning and improvements. The council also recognizes that tag increment financing, through the provisional tag increment district mechanism, can provide needed resources to enable the county to comprehensively address conditions in a targeted area in conjunction with improvement districts or a community facilities districts. The council intends that tag increment financing in the County of Hawaii is to be used in conjunction with improvement district or a community facilities district. THIS IS TO VERIFY THAT TWO-THIRDS OF THE MEMBERSHIP OF THE HA I ~ 7A~-iN~~TTjj~~ COUNCIL VOTED TO OVERRID Ri~V$'/~_QN~BILL 246. ~~- 7~ SECTION 3. The Hawaii County Code 1983, as amended, is hereby amended by the addition of a new chapter to be appropriately designated and to read as follows: Section -1 Section -2 Section -3 Section -4 Section -5 Section -6 Section -7 Section -8 Section -9 Section -10 Section -11 Section -12 Section -13 Section -14 Section -15 Section -16 Section -17 Section -18 'CHAPTER TAX INCREMEPT DISTRICTS Article 1. General Provisions. Purpose. Definitions. Authority; general provisions. Powers reserved to council. Private contributions. Administration; annual report. Requirements. Limitation on time to sue. Article 2. Procedure Initiation by council; study of proposed project. Tag increment financing plan. Establishment of tag increment district. Termination of a tag increment district. Provisional taa increment district. Restrictions on provisional district. Article 3. Taa Increments. Computation of tag increments. Taa on leased redevelopment property. Collection of tag increments. Tag increment fund. -2- Article 4. Taz Increment Honds Section -19 Taa increment bonds authorized. Section -20 Ezemption from taxes. Section -21 Contents of bonds. Section -22 Ezecution of bonds; records; funds for payment. Section -23 Section -24 Section -25 Section -26 Section -27 Section -28 Section -29 Section -30 Section -31 Section -32 Reserve fund. Sale of bonds. Lost, mutilated, stolen or destroyed bonds. General provisions; bonds. Bonds not chargeable against general revenue. Taa increment bond anticipation notes. General obligation bonds. Article 5. Refunding Bonds. Refunding authorized. Refunding bonds. Obligations unimpaired. CHAPTER Taa Increment Districts. Article 1. General Provisions Section -1. Purpose. The purpose of this chapter is to enable the county to utilize taa increment financing to finance public improvements within a specific contiguous or non-contiguous geographic area, which is also an improvement district or a community facilities district, designated a taa increment district, by dedicating a portion of property taa revenue -3- increases within the district to the funding of specific projects. This chapter also allows the creation of provisional tax increment districts, which can provide resources to enable the county to comprehensively address conditions in a targeted area through improvement districts, community facilities district, or a combination of the two methods in conjunction with tax increment financing. Section -2. Definitions. As used in this chapter, the following words and terms shall have the following meanings unless the contest indicates a different meaning or intent: "Adjusted assessment base" means the value of the assessment base for a tax increment or provisional tax increment district after adjusting the original assessment base annually by the adjustment rate, the effect of which shall be cumulative. "Adjustment rate" means a percentage rate or rates of adjustment of the assessment base recommended by the director of finance and approved by the council at the time the tax increment or provisional tax increment district is established, based on the historical and projected increases to the assessed values of taaable real property within the boundary of the district and the projected cost increases to the county for servicing the new developments within the district. -4- "Assessment base" means the total assessed values of all taaable real property in a taz increment or provisional tax increment district as most recently certified by the director of finance on the date of creation of the district. "Assessment increment" means the amount by which the current net assessed values of taaable real property located within the boundaries of a tax increment or provisional tag increment district exceeds its assessment base. "Blight" means a condition resulting in a reduction in or lack of proper utilization of the area to such an extent that it constitutes a serious physical, social or economic burden on county. Specifically, this improper utilization must be caused by either: (a) the existence of residential, commercial, industrial or other types of buildings which are unfit or unsafe to occupy and are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime because of any one or a combination of the following factors: (1) defective design and character of physical construction; (2) faulty interior arrangement and exterior spacing; (3) high density of population and overcrowding; (4) inadequate provision for ventilation, light, sanitation, open spaces, and recreation facilities; or -5- (5) age, obsolescence, deterioration, dilapidation, mixed character, or shifting of uses; or (b) the existence of properties which suffer from economic dislocation, deterioration, or whose use is unreasonably impaired because of one or more of the following factors: (1) faulty planning; (2) the subdividing and sale of lots of irregular form and shape and inadequate size for proper usefulness and development; (3) the laying out of lots in disregard of the contours and other topography or physical characteristics of the ground and surrounding conditions; (4) the existence of inadequate public improvements, public facilities, open spaces, and utilities which cannot be remedied by private or governmental action without tax increment financing; (5) a prevalence of depreciated values, impaired investments, and social and economic maladjustment; or (6) the existence of lots or other areas which are subject to being submerged by water. "County" means the County of Hawaii. "Council" means the council of the County of Hawaii. "Director" means the director of finance of the County of Hawaii. -6- "Project costs" mean expenditures made or estimated to be made or monetary obligations incurred or estimated to be incurred by the district that are listed in a taz increment financing plan as costs of public works or public improvements in a tax increment district, plus other costs incidental to the expenditures or obligations. Project costs include: (a) Capital costs, including the actual costs of the construction of public works or public improvements, new buildings, structures, and fixtures; the actual costs of the demolition, alteration, remodeling, repair, or reconstruction of existing buildings, structures, and fixtures; and the actual costs of the acquisition, clearing, and grading of property; (b) Financing costs, including, but not limited to, all necessary and incidental expenses related to the issuance of tax increment bonds and all interest paid to holders of evidences of indebtedness or other obligations issued to pay for project costs, any capitalized interest, and any premium paid over the principal amount of the obligations because of the redemption of the obligations prior to maturity; (c) Professional service costs, including architectural, planning, engineering, marketing, appraisal, financial consultant, and special services and legal advice; -7- (d) Imputed administrative costs, including reasonable charges for the time spent by employees of the county in connection with the implementation of a tag increment financing plan; (e) Relocation costs to the extent required by federal or state law; (f) Organizational costs, including the costs of conducting environmental impact studies or other studies, the costs of publicizing the creation of a tag increment district, and the cost of implementing the tag increment financing plan for the tag increment district. (g) Payments determined by the council to be necessary or convenient to the creation of a tag increment district or improvement district, or to the implementation of the taa increment financing plan for the tag increment district. "Property" means: (a) Land, including land under water and waterfront property; (b) Buildings, structures, fixtures, and improvements on the land; (c) Any property appurtenant to or used in connection with the land. (d) Every estate, interest, privilege, easement, franchise, and right in land, including rights-of-way, terms for years, and liens, charges, or encumbrances by way of judgment, mortgage, or otherwise and the indebtedness secured by such liens. -8- "Provisional tax increment district" means a contiguous or non-contiguous geographic area designated pursuant to this chapter by the council for the purpose of financing preliminary costs for establishing a taa increment district in conjunction with an improvement district or community facilities district. "Public works" or "public improvements" means any one or any combination of the following which shall be constructed to standards acceptable to the county at the time of the commencement of the project: (a) The establishment, opening, eatension, widening, or altering of any street, alley, or other highway or sidewalk; (b) The grading, paving, curbing, or otherwise improving of the whole or any part of any existing public street, alley, or other highway or sidewalk; (c) The construction, installation, eatension, maintenance, reconstruction, additions or improvements of a storm drainage facility or sanitary sewerage system; (d) the construction, installation, eatension, maintenance, reconstruction, additions or improvements of a street lighting system; (e) The construction, installation, eatension, maintenance, reconstruction, additions or improvements of a water system; -9- (f) The construction, installation, extension, maintenance, reconstruction, additions or improvements of underground or overhead utility facilities including gas, electrical, telephone, or television facilities, and the removal, relocation, replacement or reconstruction thereof; (g) The establishment, extension, or construction of public off-street parking facilities, pedestrian mall, parks, playgrounds, beach areas, or other public recreational areas and facilities; (h) To make improvements related to the foregoing and to otherwise improve any of the foregoing to an extent exceeding maintenance or repair thereof; (i) Any other public improvement deemed necessary for the taz increment district by the council. "Targeted area" means a specific geographic area proposed to be included in a tax increment or provisional tax increment district in which the Council finds that blight significantly impacts and injuriously affects the entire area. "Tax increment" means the amount of real property taxes levied for each fiscal year on the assessment increment. "Taa increment bonds" means bonds, notes, interim certificates, debentures, or other obligations issued pursuant to this chapter. "Taa increment district" or "district" means a contiguous or non-contiguous geographic area designated pursuant to this chapter by the council for the purpose of tax increment financing. -10- "Taa increment financing plan" or "financing plan" means the plan for taa increment financing for a district submitted to and approved by the county council. The tas increment financing plan shall contain estimates of: (1) Project costs; (2) Amount of taa increment bonds to be issued; (3) Sources of revenue to finance or otherwise pay project costs; (4) The most recent assessed value of taaable real property in the district; (5) The duration of the district's existence; (6) the financial and budgetary impacts on the county resulting from the proposed tas increment financing plan; (7) The proposed adjustment rate as recommended by the director of finance. "Taa increment fund" or "fund" means a fund held by the director or other fiduciary designated by the council and into which all taa increments, other moneys pledged by the county for payment of taa increment bonds and any moneys available for project costs are paid, and all proceeds from the sale of taz increment bonds are deposited, and from which moneys are disbursed to pay project costs for the taa increment district or to satisfy claims of holders of tax increment bonds issued for the district, or as otherwise authorized herein. -11- "Total assessed value" means the gross assessed value less any applic:.hle exemptions, and is also referred to as the "net assessed value." Section -3. Authority; general provisions. (a) Whenever in the opinion of the council it is desirable to create a tag increment or provisional tax increment district, the district shall be created and the project financed under the provisions of this chapter. (b) All project costs of a tax increment or provisional tax increment district shall be paid from the tag increment fund of that district. (c) The County may issue and sell tax increment bonds to provide funds to pay project costs upon finding that the tax increment of the district and any other available revenues will be sufficient to cover the full debt service on any such bonds. Both principal and interest on tag increment bonds shall be payable solely from the tax increment fund, all according to the provisions of this chapter. Section -4. Powers reserved to council. Any provision of law to the contrary notwithstanding, the council reserves the following powers over any tag increment district proposal: (a) If, for any reason whatsoever, the taz increment bonds authorized under article 4 are not sold or cannot be sold to any acceptable purchaser within a reasonable time, then the council -12- shall have the power and authority to terminate the project to be financed by the tag increment district, or any part thereof. In the event that the project is terminated, all project costs incurred to the date of termination shall be paid from the taa increment fund. (b) In addition to the foregoing, at any time during the proceedings of any tag increment or provisional tag increment district proposal up to and including the adoption of the ordinance creating a tag increment district under section -11, the council shall have the power and authority to terminate the entire tag increment district project, or any part thereof, if it determines that the tag increment district project is not in the public interest. (c) In addition to the foregoing, at any time during the proceedings of any taa increment district proposal up to and including the adoption of the ordinance creating a taa increment district under section -11 hereof, the council shall have the power and authority to require the inclusion of costs of off-site improvements such as roads, water, sewers, drainage, which may be outside the tag increment district boundaries but which service the taa increment district. In the event that such costs are to be so included, the appropriate resolutions and ordinances shall be amended accordingly. -13- Section -5. Private contributions. The owner or owners of real property located in a taa increment district or provisional taa increment district may advance funds for project costs. Any funds advanced under this section shall be deposited in the taa increment fund for the district. To the eatent that such funds are used to pay project costs of the district, the council shall authorize partial or full reimbursement from the taa increment fund to the property owners who advanced such funds upon the termination of the district if money is available in the fund to make such reimbursement. If the funds advanced are not used to pay project costs within three years of the date they are advanced, the money shall be returned at that time to the property owners who advanced the funds along with the interest earned, if any, on the investment of the funds advanced while they were on deposit with the district. Section -6. Administration; annual report. (a) The director of finance shall be responsible for the administration of this chapter, including any taa increment districts enacted hereunder, and shall adopt rules pursuant to Chapter 91, Hawaii Revised Statutes, as necessary for the purposes of implementing this chapter. (b) The director of finance shall prepare an annual report to be submitted to the council by August 15 of every year on the status of every tas increment and provisional taa increment district. The report shall: -14- (1) Update the estimates and projections provided in the original plan(s); (2) Certify the amount of the assessment increment to the council, together with the proportion that the assessment increment bears to the total assessed value of the real property within the district for that year; and (3) Provide such additional information as the director deems necessary or the council requests. Section -7. Requirements. No tas increment district can be created unless the council finds that the proposed district meets all of the following requirements: (a) The project area proposed to be included in the district is a targeted area. (b) The improvements necessary to remedy the conditions in the targeted area cannot reasonably be expected to be accomplished in a reasonable time without taa increment financing. (c) The assessment base of the property proposed to be included in the district shall not cause the total assessed valuation of all property included in ta$ increment districts, determined at the time the districts were created as supplemented by the assessed valuation of property subsequently included in a district at such time of inclusion, to exceed ten percent of the total assessed value of all taaable real property in the county. -15- (d) The project area is also designated as an improvement district or community facilities district pursuant to the Hawaii County Code, 1983, as amended. Section -8. Limitation on time to sue. No action or proceeding to review any acts or proceedings or to question the validity or enjoin the performance of any act, the issue or payment of any bonds, or the allocation of any tag increment authorized by this chapter, whether based upon irregularities or jurisdictional defects, or otherwise, shall be maintained unless begun within thirty days after performance of the act or the passage of the resolution or ordinance complained of. Article 2. Procedure Section -9. Initiation by council; study of proposed project. (a) The council shall, by resolution requiring not more than one reading for its adoption: (1) Determine the boundaries of a proposed district. (2) Direct the director of finance to investigate and report to the council within sixty calendar days: (A) The total assessed value of: (i) All taxable real property in the county, and (ii) The assessment base of the proposed district; -16- (H) The total assessed values of all taaable real property in the proposed district compared to the total assessed values of all taaable real property in the county over the two years immediately preceding the current year; (3) Direct the chief engineer to investigate and report to the council within sizty calendar days: (A) Preliminary data concerning the current status of improvements within the proposed district, including: (i) Any revisions recommended to the proposed boundaries of the district; (ii) The present extent of public and private infrastructure located within the boundaries of the proposed district; (iii) The infrastructure needs within the proposed district, listed in order of their priority. (B) The general character and extent of any improvements to be proposed, and their estimated cost; (C) Whether any new land will be necessary to be acquired, and the estimated cost thereof and the proportion of the cost, if any, which should be borne by the county; -17- (D) Upon consultation with the planning director, determine: (i) the present zoning within the proposed district; (ii) The extent to which the present land use within the proposed district conforms to the county general plan; (iii) The extent to which the present land use within the proposed district relates to any community development plan for the area; (iv) The likelihood of the needs identified in subsection (a)(3)(A)(iii) of this section being addressed by the county or private means without the use of tax increment financing; (v) Any additional information which may assist the council in determining if the proposed district is a targeted area. (E) If the proposed district includes the construction or improvement of a water system or any part thereof, the chief engineer shall consult with the department of water supply in determining the estimate of the cost to be included in the preliminary report to the council. -18- (b) After the above reports have been furnished and filed with the council, they shall not be acted upon until one week has elapsed from the date of the filing of the last report. If any one or more of the reports required in subsection (a) above are not filed with the council within the required sixty days, the council may proceed with the district without such reports. (c) Thereafter the council may, by resolution requiring one reading for its adoption: (1) Find that the area proposed to be included in a taa increment district meets all of the requirements of section -7 of this chapter. (2) Direct the finance director to prepare and submit to the council within sixty calendar days a taa increment financing plan which shall contain estimates of: (A) Project costs; (B) Amount of tax increment bonds to be issued; (C) Sources of revenue to finance or otherwise pay project costs; (D) The most recent assessed value of taxable real property in the district; (E) The duration of the district's existence; (F) The recommended adjustment rate for the district; -19- (G) Statement regarding the financial and budgetary impacts on the county resulting from the proposed taa increment financing plan. Section -10. Taa increment financing plan. In preparing the report required by section -9(c)(2), the director of finance may consult with the chief engineer, the planning director, or with such financial consultant as has been specially employed by the mayor on behalf of the county to assist in the proceedings or who may otherwise be available to the county. The report may include such sums as deemed proper by the director of finance for reserve funds, bond discount allowances, and construction contingencies in determining the estimate of project costs. Section -11. Establishment of taa increment district. The council may provide for tar increment financing by approving a tas increment financing plan and adopting an ordinance establishing the taa increment district. The ordinance shall: (a) Describe the boundaries of the tar increment district; (b) Provide for the date of commencement of the tas increment district and the date of termination of the district; (c) Provide for the establishment of a taa increment fund for the district; and (d) Provide for such other matters deemed to be pertinent and desirable for tas increment financing and not inconsistent with the county general plan or any relevant redevelopment or community development plan. -20- Section -12. Termination of a taz increment district. A tax increment district shall terminate at the time designated in the ordinance creating the district or at an earlier time designated by a subsequent ordinance, but in no event shall the district terminate until such time as all project costs and taz increment bonds issued for the district and the interest thereon have been paid in full, or sufficient funds have been irrevocably deposited in a special fund or other escrow account held in trust for all outstanding tag increment bonds issued for such district to provide for the payment of such bonds at maturity or date of redemption and interest and premium, if any, thereon. Section -13. Provisional tax increment district. A provisional taa increment district may be created by the council when an area meets the definition of a targeted area and the council finds either that taz increment financing alone will be unable to adequately address the conditions in the targeted area or that the owners of land in the targeted area should participate in the expense of addressing the conditions to a greater extent than is provided for with tax increment financing. (a) The council shall, by resolution requiring not more than one reading for its adoption: (1) Determine the boundaries of a proposed district. (2) Direct the director of finance and chief engineer to investigate and report to the council the same information as required by subsections -9(x)(2) and -9(x)(3). -21- 3. Fix a date of public hearing upon the proposed provisional tax increment district, which date shall be not less than fifteen days after the first publication of notice thereof in a newspaper of general circulation in the county. (b) After the above reports have been furnished and filed with the council, they shall not be acted upon until one week has elapsed from the date of the filing of the last report. If any one or more of the reports required in subsection (a) above are not filed with the council within the required sixty days, the council may proceed with the district without such reports. (c) After the adoption of the resolution, the county clerk shall cause a notice of the public hearing to be published twice a week for two successive weeks (four publications in all) in accordance with the requirements of the county charter and the Hawaii Revised Statutes for public notice, giving notice, generally, to all owners of land proposed to be included in the provisional district and to all others interested in the general details of the improvements as proposed by the council and stating the time and place of public hearing and where the resolution and reports and other data may be seen and examined prior to the hearing. Like notices shall be posted at least ten days prior to the hearing at a public place in the judicial district in which the proposed provisional district in located. _ZZ_ (d) Any failure to post, mail, or receive the notice described above, shall not invalidate the proceedings held thereafter. (e) If, as a result of the public hearing, the council finds that the owners of property in the proposed district do not support the proposed improvements, or are not willing to pay for the improvements through the improvement district or similar process if necessary, the council may at its sole discretion terminate the provisional taa increment district proceedings. (f) If the council decides to proceed with the creation of a provisional tag increment district after the public hearing, it may by ordinance provide for the creation of a provisional taa increment district. This ordinance shall accept the reports of the director of finance and chief engineer required by subsection (a) of this section, and shall: (1) Find that the area proposed to be included in a provisional tag increment district meets all of the requirements of section -7 of this chapter; (2) Create a provisional tag increment district which will terminate not later than five years from the date of its creation if it has not been converted by ordinance passed in accordance with section -11 to a tag increment district before its termination; (3) Describe the boundaries of the provisional taa increment district; -23- (4) Provide for the date of commencement and termination of the provisional tax increment district; (5) At the option of the council, this ordinance may provide that until an improvement district is approved by the owners of land in a proposed provisional taa increment district, funds in the taa increment fund may be used only for: (A) Preliminary costs for initiating an improvement district in accordance with section 12-10, Hawaii County Code, including but not limited to the cost of title searches, postage, and other administrative costs; (B) Any preliminary plans and engineering specifically authorized by the council as necessary for the initiation of an improvement district in the targeted area. Section -14. Restrictions on provisional district. (a) A provisional tax increment district shall be subject to the following: (1) No taa increment bonds or bond anticipation notes shall be issued to provide funds for a provisional taa increment district. (2) The council may be ordinance extend the term of a provisional taa increment district for no more than two years beyond its original term. -24- (3) During the term of a provisional taa increment district, and subject to the limitation of subsection (f)(5) above, if appropriate, the money in the taa increment fund may be used only for: (A) Preliminary costs for initiating an improvement district in accordance with section 12-10, Hawaii County Code, including but not limited to the cost of title searches, postage, and other administrative costs; (B) Professional service costs and administrative costs to prepare financial projections and to identify all methods available to remedy the condition in the targeted area, including but not limited to determining the feasibility of the proposed taa increment district to accomplish its goals through taa increment financing and/or the improvement district process as established in chapter 12 of the Hawaii County Code; (C) Preparation of a tag increment financing plan for the district if this mechanism is determined to be feasible; and (D) Professional service costs and administrative costs for the district to prepare detailed plans and specifications for the projects proposed. -25- (4) During the term of a provisional taz increment district, the council may not exercise the power of eminent domain in connection with the acquisition of property in the tax increment district. (b) At any time during the term of a provisional tag increment district the council may approve a taa increment financing plan in accordance with section -11 and by ordinance convert the provisional tag increment district into a tax increment district. The council at its option may require that an improvement district be approved by the owners of land in the targeted area before a provisional tag increment district is converted to a tax increment district. (c) If a provisional tax increment district is converted to a tax increment district, the adjusted assessment base of the provisional tag increment district at the time of the conversion shall become the assessment base of the tag increment district. (d) If at the end of its term a provisional tag increment district has not been converted to a tag increment district, all money remaining in the taz increment fund of the provisional tax increment district shall, to the extent it is not encumbered, be returned to the general fund. Article 3. Taz Increments Section -15. Computation of tax increments. Upon or after creation of a tag increment district or a provisional tag increment district, the director of finance shall certify the -26- assessment base of the taa increment district and shall certify in each year thereafter the amount by which the assessment base has increased or decreased as a result of a change in taz eaempt status of property within the district, or reduction or enlargement of the district. The amount to be added to the assessment base of the district as a result of previously taa eaempt real property within the district becoming taaable shall be equal to the assessed value of the real property as most recently assessed or, if the assessment was made more than one year prior to the date of transfer rendering the property taaable, the value which shall be assessed by the director of finance at the time of such transfer. The amount to be added to the assessment base of the district as a result of enlargements thereof shall be equal to the assessed value of the additional real property as most recently certified by the director of finance as of the date of modification of the taa increment financing plan. The amount to be subtracted from the assessment base of the district as a result of previously ta$able real property within the district becoming taz eaempt, or a reduction in the geographic area of the district, shall be the amount of assessment base initially attributed to the property becoming taa eaempt or being removed from the district. If the assessed value of property located within the taa increment district is reduced or increased by reason of a Board of Review decision, court-ordered abatement, stipulated agreement, or voluntary abatement made by the director of finance, the increase -27- or reduction shall be applied to the assessment base of the district when the property upon which the change is made has not been improved since the date of creation of the district, and to the assessment increment of the district in each year thereafter when the change relates to improvements made after the date of creation. Section -16. Taz on leased redevelopment property. Whenever property in the tax increment district has been redeveloped and thereafter is leased by the county to any person or whenever the county leases real property in any taa increment district to any person for redevelopment, the property shall be assessed and tazed in the same manner as privately owned property, and the lease or contract shall provide that the lessee shall pay taxes upon the assessed value of the entire property and not merely the assessed value of the lessee's leasehold interest. Section -17. Collection of taz increments. (a) Commencing with the first payment of real property tazes levied by the county subsequent to the time a district takes effect, receipts from real property taxes collected for this district shall be allocated and paid as follows: (1) The amount of real property tax produced from the original assessment base shall be paid to the general fund; and (2) The tax increments produced from the assessment increment in the district shall be applied as follows: -28- (A) First, an amount equal to (i) the installment of principal and interest falling due for any taa increment bonds, or (ii) any project cost approved by the council, shall be deposited into a taa increment fund established when the district was created. (B) Second, an amount equal to the amount of real property tax produced on the adjusted assessment base reduced by the amount already paid to the general fund in subsection (1) of this section shall be paid to the general fund. (C) Third, the remaining amount of tax increments, if any, shall be deposited into the taa increment fund. (b) The allocation of real property taxes pursuant to this section shall not limit the power of the county under the Hawaii Revised Statutes Section 47-12 to levy ad valorem taxes without limitation as to rate or amount on all real property subject to taaation by the county for the payment of principal and interest of its general obligation bonds. Section -18. Taa increment fund. (a) Money shall be disbursed from the taa increment fund for a taa increment district only to: (1) Satisfy the claims of holders of tax increment bonds issued for the taa increment district; (2) Pay project costs for the district; -29- (3) Make payments for project costs or debt service to a special assessment fund established upon the creation of an improvement district whose boundaries are identical to that of the tas increment district; (4) Make payments to the county as provided in subsection (c) of this section or section -29(d) of this chapter. (b) Subject to an agreement with the holders of ta$ increment bonds, money in a taa increment fund may be temporarily invested in the same manner as other funds on the county. (c) In any year in which the taa increment exceeds the amount necessary to pay all project costs, and all installments of principal and interest of taa increment bonds issued for a district falling due, and the amount paid to the general fund pursuant to section -17(a)(2)(B), and subject to any agreement with bondholders, the option of the outstanding ta$ i the pledge of tas account dedicated the general fund, any excess money in the tax increment fund at council shall be used to redeem or purchase any zcrement bonds issued for the district, discharge increment therefor, be paid into an escrow to the payment of such bonds, be paid over to or any combination thereof. Article 4. Taa Increment Bonds Section -19. Taa increment bonds authorized. The council may authorize the issuance of taa increment bonds, the proceeds of which may be used to pay project costs for a district -30- or to satisfy claims of bondholders. Both principal, interest and premium, if any, on taa increment bonds shall be made payable solely from the taa increment fund established for the district. The county may provide in its contract with the owners or holders of the taa increment bonds that the county will pay into the ta$ increment fund all or any part of the revenue or money produced or received as a result of the operation or sale of a facility acquired, improved, or constructed pursuant to either a redevelopment plan, as defined in Hawaii Revised Statutes Section 53-1, or a community development plan, as defined in Hawaii Revised Statutes Section 206E-5, to be used to pay principal and interest on the taa increment bonds and, if the county so agrees, the owners or holders of taa increment bonds may have a lien or mortgage on any facility acquired, improved or constructed with the proceeds of the tag increment bonds. The county may issue such types of bonds as it may determine including bonds on which the moneys in the tag increment funds are derived: (a) Exclusively from the income and revenues of the projects financed with the proceeds of the bonds, or with such proceeds together with financial assistance from the state or federal government in aid of the projects. (b) Exclusively from the income and revenues of certain designated projects whether or not they were financed in whole or in part with the proceeds of the bonds. -31- (c) In whole or in part from taxes allocated to, and paid into the tax increment fund pursuant to the provisions of this chapter. (d) From its revenues generally. (e) From any contributions or other financial assistance from the state or federal government. (f) By any combination of these methods. Section -20. Ezemption from taws. (a) Pursuant to Hawaii Revised Statutes Section 46-106(b), tax increment bonds, and the income therefrom, issued under this chapter shall be exempt from all state and county taxation, except estate and transfer taxes. (b) Bonds issued under this chapter, to the eztent practicable, shall be issued so as to comply with requirements imposed by valid federal law providing that the interest on those bonds shall be excluded from gross income for federal income purposes (except as certain minimum taxes or environmental taxes may apply). The director of finance is authorized to enter into arrangements, establish funds or accounts, and take any action required in order to comply with any valid federal law. Nothing in this chapter shall be deemed to prohibit the issuance of bonds, the interest on which may be included in gross income for federal income tax purposes. For the purpose of ensuring that interest on bonds issued pursuant to this chapter which is excluded from gross income for federal income tax purposes (except as provided above) on the date -32- of issuance shall continue to be so excluded, no county officer or employee or user of an undertaking or loan program shall authorize or allow any change, amendment, or modification to an undertaking or loan program financed or refinanced with the proceeds of the bonds which change, amendment or modification would affect the exclusion of interest on the bonds from gross income for federal income tax purposes unless the change, amendment or modification shall have received the prior approval of the director of finance. Failure to receive the approval of the director of finance shall render any change, amendment, or modification void. Section -21. Contents of bonds. (a) The director of finance, upon authorization by the council by ordinance, may issue tax increment bonds. Taa increment bonds shall bear the name of the district, shall be dated, be payable upon demand or mature at a time or times not exceeding thirty years from their date of issuance, bear interest at a rate or rates, be in a denomination or denominations, be in registered form, have a rank or priority, be executed in a manner, be payable at a place or places, and be subject to terms of redemption (with or without premium), be secured in a manner, and have other characteristics as maybe determined by the council or the director of finance as herein provided. The county may sell tax increment bonds in such manner, either at public or private sale, and for such price as it may determine. -33- (b) Unless the council shall itself perform the actions, the director of finance shall: (1) Determine the date, denomination or denominations, interest payment dates, maturity date or dates, place or places of payment, registration privileges and place or places of registration, redemption price or prices and time or times and terms and conditions and method of redemption; (2) The rights of the holder to tender for purchase and the price or prices and time or times and terms and conditions upon which those rights may be exercised; (3) The rights to purchase and price or prices and the time or times and terms and conditions upon which those rights may be exercised and the purchase may be made; and (4) Determine all other details of bonds issued under this chapter. (c) The principal of and interest and premium, if any, on all bonds issued under this chapter shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for public and private debts. Taa increments bonds shall be subject to call but not prior to the second interest date thereof as hereinafter provided and at such premium, if any, as may have been provided for in the ordinance authorizing such bonds. -34- (d) Prior to the preparation of definitive tag increment bonds, the county may authorize issuance of interim receipts or temporary bonds exchangeable for definitive bonds when such bonds have been executed and are available for delivery. Section -22. Ezecution of bonds; records; funds for payment. (a) Tax increment bonds shall be executed by the director of finance, or by a deputy of the director of finance duly designated by the director to execute such bonds, and issued pursuant to and under the authority and requirements of the ordinance of the council. The bonds shall bear the lithographed or engraved facsimile signature of the mayor and shall be impressed with a lithographed or engraved facsimile of the seal of the county. If the council provides that no such taa increment bond shall be valid or obligatory unless and until there shall be manually executed a certificate of authentication thereof, all signatures of county officials on the bonds may be facsimiles of their respective signatures. (b) The director of finance shall preserve a record of the bonds in a suitable book kept for that purpose. The council shall provide for books of registry to be kept for the registration of improvement bonds issued in fully registered form. (c) The bonds shall a payable only out of moneys in the tax increment fund of the district for which they are issued or from the reserve fund established pursuant to section -23, if the -35- moneys in the tax increment fund are insufficient to pay the bonds or the interest thereon as they become due. The county shall not otherwise guarantee payment of any such bonds issued under the provisions of this chapter. Section -23. Reserve fund. The council may provide in the ordinance adopted pursuant to section -19 for a reserve fund as additional security for the payment of principal and interest on tax increment bonds issued in proceedings taken pursuant to this chapter. The reserve fund may be initially funded from the proceeds from the sale of tax increment bonds with respect to which such reserve fund is established in such amount as is designated by the council in the ordinance authorizing such bonds. Moneys in a reserve fund shall be used in accordance with the provisions of section -22(c) and to pay the principal or interest, or both, in whole or in part, on the last outstanding maturity or maturities of the bonds. Section -24. Sale of bonds. (a) The director of finance may make such arrangements as may be necessary or proper for the sale of each issue of bonds or part thereof as are issued under this article, including, without limitation, arranging for the preparation and printing of the bonds, the official statement and any other documents or instruments deemed required for the issuance and sale of bonds and retaining those financial, accounting, and legal consultants, all upon such terms and conditions as the director of finance deems -36- advisable and in the best interest of the county. The council may authorize the director of finance to offer the bonds at competitive sale or to negotiate the sale of the bonds to: (1) Any person or group of persons; (2) The United States of America, or any board, agency, instrumentality, or corporation thereof; (3) The employees retirement system of the state; (4) Any political subdivision of the state; (5) Any board, agency, instrumentality, public corporation, or other governmental organization of the state; or of any political subdivision of the state. (b) Subject to any limitation imposed by the council by the ordinance authorizing the bonds, the sale of the bonds by the director of finance by negotiation shall be at such price or prices and upon such terms and conditions, from time to time in such manner, as the director of finance shall approve. (c) Subject to any limitation imposed by the council by the ordinance authorizing the bonds, the sale of the bonds by the director of finance at competitive sale shall be at such price or prices and upon such terms and conditions, and the bonds shall bear interest at such rate or rates or such varying rates determined from time to time in the manner, as specified by the successful bidder, and the bonds shall be sold in accordance with this subsection. The bonds offered at competitive sale shall be -37- sold only after published notice of sale advising prospective purchasers of the proposed sale. The bonds offered at competitive sale may be sold to the bidder offering to purchase the bonds at the lowest interest cost, the interest cost, for the purpose of this subsection, being determined on one of the following bases as selected by the director of finance: (1) The figure obtained by adding together the amounts of interest payable on the bonds from their date to their respective maturity dates at the rate or rates specified by the bidder and deducting from the sum obtained the amount of any premium offered by the bidder; (2) where the interest on the bonds is payable annually, the annual interest rate (compounded annually), or, where the interest on the bonds is payable semiannually, the rate obtained by doubling the semiannual interest rate (compounded semiannually), necessary to discount the principal and interest payments on the bonds from the dates of payment thereof to the date of the bonds and to the price bid (the price bid for the purpose of this paragraph shall not include the amount of interest accrued on the bonds from their date to the date of delivery and payment); or -38- (3) Where the interest on the bonds is payable other than annually or semiannually or will vary from time to time, upon such basis as, in the opinion of the director of finance, shall result in the lowest cost to the county; provided that in any case the right shall be reserved to reject any or all bids and waive any irregularity or informality in any bid. (d) Bonds offered at competitive sale, without further action of the council, shall bear interest at the rate or rates specified by the successful bidder or varying rate or rates determined from time to time in the manner specified by the successful bidder with the consent of the director of finance. The notice of sale required by this section shall be published at lease once and at least five days prior to the date of the sale in a newspaper circulating in the county and in a financial newspaper or newspapers published in any of the cities of New York, Chicago, or San Francisco, and shall be in such form and contain such terms and conditions as the director of finance shall determine. The notice of sale shall comply with the requirements of this section if it merely advises prospective purchasers of the proposed sale and makes reference to a detailed notice of sale which is available to the prospective purchasers and which sets forth the specific details of the bonds and terms and conditions upon which such bonds are to be offered. The notice of sale published and any detailed notice of sale may omit the date and time of sale, in -39- which event the date and time shall be either published in the same newspapers in which the notice of sale has been published or transmitted via electronic communication systems deemed proper by the director of finance which is generally available to the financial community, in either case at least forty-eight hours prior to the time fixed for the sale. (e) The proceeds of the sale of bonds shall be applied to pay the project costs of the district. If no purchaser is found, the county may be the purchaser of any such bonds, using any funds available and unspent. Bonds sold to a purchaser other than the county may be sold for such discount as is acceptable to the council. Section -25. Lost, mutilated, stolen or destroyed bonds. Should any bond issued under this part become mutilated or be lost, stolen, or destroyed, the county may cause a new bond of like date, number, and tenor to be executed and delivered in exchange and substitution for, and upon the cancellation of such mutilated bond, or in lieu of and in substitution for, and upon the cancellation of such mutilated bond, or in lieu of and in substitution for such lost, stolen, or destroyed bond. Such new bond shall not be executed or delivered until the holder of the mutilated, lost, stolen, or destroyed bond: (a) Has paid reasonable expenses and charges in connection therewith: -40- (b) In the case of a lost, stolen, or destroyed bond, has filed with the county or its fiduciary satisfactory evidence that such bond was lost, stolen, or destroyed, and that the holder was owner thereof; and (c) Has furnished indemnity satisfactory to the county. Section -26. General provisions; bonds. (a) Notwithstanding any of the provisions of this part or any recital in any tag increment bond issued under this part, all tag increment bonds shall be deemed to be investment securities under the Uniform Commercial Code, chapter 490, subject only to the provisions pertaining to registration. (b) In any suit, action, or other proceeding involving the validity or enforceability of a bond issued under this part or the security for a bond or note issued under this part, a bond reciting in substance that it had been issued by the county for the tag increment district shall be conclusively deemed to have been issued for that purpose, and the development or redevelopment of the district conclusively shall be deemed to have been planned, located, and carried out as provided by this part. (c) The tag increment bonds bearing the signature or facsimile signature of officers in office on the date of the signing thereof shall be valid and sufficient for all purposes, notwithstanding that before the delivery thereof and payment therefor any or all persons whose signatures appear thereon shall have ceased to be officers of the county. -41- (d) Tax increment bonds shall not be issued in an amount exceeding the total costs of implementing the tax increment financing plan for which they were issued. Section -27. Bonds not chargeable against general revenue. (a) Tax increment bonds shall be payable only out of the tax increment fund. The council may pledge irrevocably all or a part of the fund for payment of the bonds. The part of the fund pledged in payment thereafter shall be used only for the payment of the bonds or interest or redemption premium, if any, on the bonds until the bonds have been fully paid. If the council has pledged a part of the fund for payment of bonds, a holder of the bonds shall have a lien against the fund for payment of the bonds and interest thereon and may either at law or in equity protect and enforce such lien. (b) No officer of the county including any officer executing tax increment bonds shall be liable for the tax increment bonds by reason of the issuance thereof. Tax increment bonds issued under this part shall not be general obligations of the county, nor in any event shall they give rise to a charge against the general credit or taxing powers of the county or be payable other than as provided by this chapter. No holder of bonds issued under this part shall have the right to compel any exercise of the taxing power of the county to pay such bonds or the interest thereon, and no moneys other than the moneys in the taa increment fund pledged -42- to the bonds shall be applied to the payment thereof. Taz increment bonds issued under this part shall state these restrictions on their face. Section -28. Taz increment bond anticipation notes. Whenever the county has authorized the issuance of taz increment bonds under this part, taa increment bond anticipation notes of the county may be issued in anticipation of the issuance of such bonds and of the receipt of the proceeds of sale thereof, for the purposes for which such bonds have been authorized. All taz increment bond anticipation notes shall be authorized by the county, and the mazimum principal amount of such notes shall not ezceed the authorized principal amount of the bonds. The notes shall be payable solely from and secured solely by the proceeds of sale of the taz increment bonds in anticipation of which the notes are issued and the moneys in the tax increment fund from which would be payable and by which would be secured such bonds; provided that to the eztent that the principal of the notes shall be paid from moneys other than the proceeds of sale of such bonds, the mazimum amount of bonds authorized in anticipation of which the notes are issued shall be reduced by the amount of notes paid in such manner. The authorization, issuance, and details of such notes shall be governed by this part with respect to tax increment bonds insofar as the same may be applicable; provided that each note, together with renewals and extensions thereof, or refundings thereof by other notes issued under this section, shall mature within five years from the date of the original note. -43- Section -29. General Obligation bonds. (a) For any project initiated pursuant to this chapter, the council, in lieu of the issuance of tax increment bonds, may in its sole discretion issue general obligation bonds of the county or authorize payment of the required amount from the general fund of the county. The proceeds of such general obligation bonds or any amount paid by the county out of the general fund shall be deposited in the taz increment fund for the appropriate district and expended only in accordance with section -18 of this chapter. (b) All such general obligation bonds shall be authorized, issued and sold under, pursuant to, and in accordance with chapter 47, Hawaii Revised Statutes, as amended, all of the provisions of which chapter shall be applicable thereto. Without limiting the generality of the provisions of the foregoing sentence, the form, name, date, denomination, numbers, maximum interest rate, method of execution and all other details of such general obligation bonds shall be fined and determined in accordance with and as provided by chapter 47. No right of prior redemption need to be reserved in the issuance of such bonds, nor shall either the amounts or dates of the maturities of any such bonds be required to conform in any way to the amounts of taa increments to be collected. -44- (c) The validity of such general obligation bonds shall not be dependent on or affected in any way by any proceedings taken or any contracts make, acts performed or done in connection with, or in furtherance of, any improvement or any assessments for such improvement. (d) If general obligation bonds are issued as provided in this section, all moneys collected on account of the taa increment may, to the extent so directed by the council, be applied to the reimbursement of the general fund of the county to the extent of the amounts paid for interest on and principal of such general obligation bonds. Any amounts collected on account of the tax increment as aforesaid to the extent not so directed by the council to be applied to such reimbursement or in excess of the amounts required for such reimbursement shall be applied in the manner set forth in section -17 of this chapter. (e) The provisions of sections -23, -24, -25, -26 and -27 shall not apply to the general obligation bonds authorized by this section and such sections shall be restricted in their application to taa increment bonds. Article 5. Refunding Bonds Section -30. Refunding authorized. The county may issue tax increment refunding bonds for the purpose of paying or retiring or in exchange for taz increment bonds previously issued by the county. Both principal and interest on tax increment refunding bonds shall be made payable solely from the ta$ increment fund. -45- Section -31. Refunding bonds. (a) Tas increment refunding bonds issued for the refunding of the outstanding indebtedness of any taa increment district shall bear the name of the tas increment district for which they are issued, and shall be issued and sold under all the conditions and terms as prescribed by article 4 of this chapter, except as otherwise provided in this chapter. (b) A different rate of interest than that authorized in the original issue of taa increment bonds may be prescribed and the taa increment refunding bonds may be authorized to run for a term e$ceeding thirty years from the date of their issuance or fifteen years from the final maturity date of the tas increment bonds being refunded. (c) If the final maturity date of the taa increment refunding bonds e$ceeds the final maturity date of the date increment bonds being refunded the council shall if necessary pass an ordinance amending the original ordinance passed in accordance with section -11 to change the termination date of the district to coincide with the final maturity of the taa increment refunding bonds. Such ordinance shall be passed by the council prior to the issuance of such refunding bonds. Section -32. Obligations unimpaired. Nothing in this article shall be construed as giving the council the authority to impair the obligations of the taz increment district under any outstanding taz increment bonds." -46- SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY;~ COUNCIL MEMB(yE,/R`,--CO-U-N,TY OF HAWAII Hilo, Hawaii Date of Introduction: May 18, 1994 Date of 1st Readinq: May 18, 1994 Date of 2nd Reading: June 1, 1994 Effective Date: July 6, 1994 ARr::CVED cs to iRPvl and Lz~GaIl7 CORPORATION COUNSEL COUNTY OF HAWAII Data -47- OFFICE OF THE COUN'T'Y CLERK County of Hawaii H i 1 n , HaW811 Introduced By: Brian De Lima Date Introduced: May 18 , 1994 First Reading: Ma 18 , 1994 Published: May 4 Sernnd Reading: To Mayor. Returned: Effective: Published: June 1, 1994 June 6 1994 ROLL CALL VOTE AYES NOES ABS EX ARAKAKi X Eoxx-naRwMSOx CHH.DS DE LIMA DOMINGO X HALE BATH X ROSEHILL SCHUTTE X 0 1 0 ROLL CALL VOTE AYES NOES ABS EX ARAKAKI sox[c-AEAAMSOx CHILDS X DE LIMA DOMINGO X HALE RATH X AOSEHILL SCHiTrIE I DO HEREBY CERTIFY that the foregoing BILL was adopted bl/ the County Council and published as indicated above. APPROVED s t FOR nd EG CORPORATION COUNSEL COUNTY/OF HAWAI Date ~ ~r /~ Approved/Disapproved this day of , 19 MAYOR, COUN'T'Y OF HAWAII Bill No.: 24 6 Reference: ~~_ Ord. No.: ur'FICE OF THE COUNTY CLERK County of Hawaii Hilo ,Hawaii Introduced By: Date Introduced: First Reading: Published: Brian De Lima Reconsideration: S~aY~3(~IBXYdSiL~E _ To Mayor. _ Returned: Effective: ~ u Published: Ju 6, 1994 July li, 1994 (HTH) REMARlG£ Mayor's Veto - 06/09/94 Reconsideration - 07/06/94 ROLL CALL VOTE AYES NOES EX ARAKAKI BONK-ABRAMSON CHILDS DE LIMA DOMINGO HALE RATH ROSEHILL SCH (OVERRIDEI ROLL CALL VOTE AYES NOES ABS EX ARAKAKI X soNlc-AeRAMSON cxtLDS x DE LIMA X DOMINGO X HALE X BATH X ROSEHILL X SCH[TrrE 9 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the Countp/ Council and published as indicated above. Approved/Disapproved this day of , 19 COUNCIL CHAIRMAN ,~ CD MAYOR, COUNTY OF HAWAII Bill No.: Reference: Ord. No.: 246