Haw. Code R. § 19-170-2

Current through August, 2024
Section 19-170-2 - Definitions

As used in this chapter, unless the context clearly requires otherwise:

"Aloha Tower complex" means that parcel of land described by section 206J-3, HRS.

"Board" means the board of directors who constitute the governing body of the development corporation, as provided by section 206J-4(b), HRS.

"Bonds" means revenue bonds, special facilities revenue bonds, notes or other instruments of indebtedness of the development corporation issued under this chapter and shall include refunding bonds.

"Chairperson" means the board member who is designated as chairperson of the board by the board under section 206J-4(b), HRS.

"Designated representative" means any person designated in writing by the state director of business, economic development, and tourism, the state director of transportation, or the deputy director of transportation, harbors division, to represent the designator as an ex officio voting member of the board.

"Developer-lessee" means the entity selected to enter into the development agreement and lease with the development corporation and/or the development corporation's public sector joint venturers.

"Development agreement" means the plan for development of the project as agreed upon by the board and the developer-lessee after the developer's selection and as authorized by section 206J-5(7), HRS.

"Development area" means the geographic area on which a project will be developed, which area may include all or any part of the Aloha Tower complex and any property outside the Aloha Tower complex that is under the jurisdiction of public sector joint venturers.

"Development corporation" means the Aloha Tower development corporation established by section 206J-4.

"Executive officer" means the chief administrative officer of the development corporation appointed by the board pursuant to section § 206J-4(d), HRS.

"HRS" means the Hawaii Revised Statutes.

"Maritime" means the administration of chapter 266 by the department of transportation.

"Meeting" means the convening of the board for which a quorum is required in order to make a decision or to deliberate toward a decision upon a matter under the supervision or control of the board.

"Petitioner" means any person or agency that petitions the board, or on whose behalf a petition is made to the board, and concerning which the board may take action under statutory or other powers granted to it.

"Proceeding" means any matter brought before the board which is given consideration in light of the powers and duties of the board as provided by law.

"Project" means an undertaking of work or improvement of public or private real or personal property or any interest therein, developed, acquired, constructed, reconstructed, rehabilitated, improved, altered, or repaired by the development corporation, by itself or in conjunction with qualified persons, and including public facilities and, any law to the contrary notwithstanding, facilities for and functionally related and subordinate to maritime purposes.

"Project cost" means the total cost in carrying out all undertakings that the development corporation deems reasonable and necessary for the development of a project, including but not limited to the cost of studies, surveys, plans and specifications, architectural, design, engineering, or any other special related services; the cost of site preparation and development, demolition, construction, reconstruction, rehabilitation, and improvement; the cost of financing such project, including interest on bonds issued to finance such project from the date thereof to the estimated date of completion of such project as determined by the board; the cost of an allocable portion of the administrative and operating expenses of the development corporation related to the development of such project; and the cost of any indemnity and surety bonds, premiums on policies of insurance, legal fees, and fees and expenses of trustees, depositories, and paying agents for the bonds; all as the development corporation shall deem necessary.

"Public agency" means any office, department, board, commission, bureau, division, public corporation, agency, or instrumentality of the federal, state, or county government.

"Public facilities" means streets, utility and service corridors, and utility lines where applicable, sufficient to adequately service developable improvements in the area, parking garages, sidewalks, pedestrian ways, parks and other community facilities.

"Public sector joint venturer" means any public agency with which the development corporation enters into a joint venture or other cooperative arrangement to develop a project which encompasses the Aloha Tower complex and such other property as may be under the jurisdiction of such agency.

"Qualified person" means any individual, partnership, corporation, limited liability company or other business entity legally organized and registered to do business in the state, or any public agency, possessing the competence, expertise, experience and resources, including financial, personnel, and tangible resources, required for the purposes of the project and such other qualifications as may be deemed desirable by the development corporation in administering this chapter.

"Real property" means lands, structures, and interests therein and natural resources including water, minerals, and all such things connected with land, including lands under water and riparian rights, space rights, and air rights and any and all other things and rights usually included within the term. Real property also means any and all interests in such property less than fee title, such as leasehold interests, easements, incorporeal hereditaments, and every estate, interest or right, legal or equitable, including terms for years and liens thereon by way of judgments, mortgages, or otherwise.

Haw. Code R. § 19-170-2

[Eff MAY 5 2013] (Auth: HRS §§ 91-2, 206J-5(5)) (Imp: HRS § 206J-2, as amended, 206J-5(5))