§46-102 Definitions. As used in this
part, the following words and terms shall have the following meanings unless
the context indicates a different meaning or intent:
"Adjustment rate" means a percentage
rate or rates of adjustment of the assessment base determined by the director
of finance at the time the tax increment district is established, based on the
historical and projected increases to the assessed values of taxable real
property within the boundary of the tax increment district and the projected
cost increases to the county for servicing the new developments within the tax
increment district.
"Assessment base" means the total
assessed values of all taxable real property in a tax increment district as
most recently certified by the director of finance on the date of creation of
the tax increment district.
"Assessment increment" means the
amount by which the current assessed values of taxable real property located
within the boundaries of a tax increment district exceeds its assessment base.
"Community development plan" means a
plan established pursuant to section 206E-5.
"Council" means the council of the
county in which a tax increment district is situated.
"County" has the same meaning as set
forth in section 1-22 and means the county in which a tax increment district is
situated.
"Director of budget" means the office
or chief budget officer of the county charged with the responsibility of
preparing and reviewing the operating and capital budget programs of the
county.
"Director of finance" means the
officer or officers of the county charged with the responsibility of
administering the real property taxation function of the county.
"High technology parks" means an
industrial park that has been developed to accommodate and support high technology
activities including the Hawaii technology park at Mililani town, city and
county of Honolulu, the Maui research and technology park, Maui county, and the
Hawaii ocean science and technology (HOST) park, Hawaii county.
"Project costs" means expenditures
made or estimated to be made or monetary obligations incurred or estimated to
be incurred by the agency that are listed in a tax 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:
(1) 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 land;
(2) 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;
(3) Professional service costs, including
architectural, planning, engineering, marketing, appraisal, financial
consultant, and special services and legal advice;
(4) Imputed administrative costs, including
reasonable charges for the time spent by employees of the agency in connection
with the implementation of a tax increment financing plan;
(5) Relocation costs to the extent required by
federal or state law;
(6) Organizational costs, including the costs of
conducting environmental impact studies or other studies, the costs of
publicizing the creation of a tax increment district, and the cost of
implementing the tax increment financing plan for the tax increment district;
(7) Payments determined by the county council to be
necessary or convenient to the creation of a tax increment district or to the
implementation of the tax increment financing plan for the tax increment
district.
"Redevelopment agency" or
"agency" means an agency defined in section 53-1 or the Hawaii
community development authority as established pursuant to chapter 206E.
"Redevelopment plan" means a plan as
defined in section 53-1.
"Tax increment" means the amount of
real property taxes levied for one year on the assessment increment.
"Tax increment bonds" mean bonds,
notes, interim certificates, debentures, or other obligations issued pursuant
to this part.
"Tax increment district" or
"district" means a contiguous or noncontiguous geographic area
designated pursuant to section 46-103 by the county council for the purpose of
tax increment financing.
"Tax increment financing plan" means
the plan for tax increment financing for a tax increment district submitted to
the county council. The tax increment financing plan shall contain estimates
of: project costs; amount of tax increment bonds to be issued; sources of
revenue to finance or otherwise pay project costs; the most recent assessed
value of taxable real property in the district; the duration of the district's
existence; and statements from the county's department of finance, and the
county's department of budget, if applicable, regarding the financial and
budgetary impacts on the county resulting from the proposed tax increment
financing plan.
"Tax increment fund" means a fund
which shall be held by the director of finance or other fiduciary designated by
the county council and into which all tax increments and other moneys pledged
by the county for payment of tax increment bonds are paid, and all proceeds
from the sale of tax increment bonds are deposited, and from which moneys are
disbursed to pay project costs for the tax increment district or to satisfy
claims of holders of tax increment bonds issued for the district. [L 1985, c
267, pt of §1; am L 1987, c 248, §2]