Honolulu City Council Policy Resolutions(Link to original Word Processing Version)
DECLARING THE INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2005-1 (WAIAWA PROJECT).
WHEREAS, in response to petitions (collectively, the “Petition”), attached hereto as Exhibit A, submitted to the Council of the City and County of Honolulu, Hawaii by (a) Gentry Investment Properties, a Hawaii limited partnership (“Gentry”), and (b) the Trustees of the Estate of Bernice Pauahi Bishop, as the owners, collectively, of one hundred percent (100%) of the land shown on an exhibit map (the “Exhibit Map”) attached to the Petition, the council proposes to establish a community facilities district (the “Proposed District”) within the City and County of Honolulu under the terms of Chapter 34 of the Revised Ordinances of Honolulu (“Chapter 34”), with the boundaries of the Proposed District to be as shown on the boundary map of the Proposed District (the “Boundary Map”) which is on file with the City Clerk of the city (the “City Clerk”); and WHEREAS, concurrently with submission to the City Clerk of the Petition, Gentry has
deposited with the city fees in the amount of $10,000, which will be
used to compensate the city for its costs of proceedings to establish the
Proposed District, separate arrangements having been made for Gentry to pay that portion
of such costs of proceedings as may become payable to third parties providing
services to the city with respect thereto; and WHEREAS, both the Petition and the Boundary Map refer to the Proposed District
by the name “City and County of Honolulu Community Facilities District No. 2005-1
(Waiawa Project),” and the council proposes to utilize that name for the Proposed
District; and WHEREAS, the council intends to provide for the issuance of one or more
series of bonds pursuant to Article 7 of Chapter 34 (all references hereafter
in this resolution to Articles and Sections shall be deemed to be references
to the corresponding Article or Section as set forth in Chapter 34 unless
indicated otherwise), in a principal amount not to exceed $150 million, which bonds
shall be secured by the proceeds of the special taxes to be levied
upon taxable property in the Proposed District (the “Special Tax Bonds”) and the
term of the bonds shall not exceed fifty (50) years from the date
of adoption of a bond ordinance to be adopted pursuant to Article 7
providing for issuance of the first series of Special Tax Bonds; and WHEREAS, the council intends to establish that the term of the Proposed District shall not expire until all debt service on the bonds and incidental expenses related thereto are fully paid; and WHEREAS, the types of public capital improvements (the “Special Improvements”) to be financed,
in total or in part, are described in Exhibit B, attached hereto and
by this reference incorporated herein and made a part hereof; and WHEREAS, the types of incidental expenses (the “Incidental Expenses”) to be financed, in
total or in part, are identified in Exhibit C, attached hereto and by
this reference incorporated herein and made a part hereof; and WHEREAS, the council further intends, except where funds are otherwise available, to provide for the annual levy of a special tax upon the taxable parcels within the Proposed District (the “Special Taxes”) sufficient in amount to pay for the costs of the Special Improvements and Incidental Expenses, said Special Taxes to be calculated in accordance with the rate and method of apportionment thereof (the “Rate and Method of Apportionment”) set forth in Exhibit D, attached hereto and by this reference incorporated herein and made a part hereof; and WHEREAS, Section 34-2.3 provides that proceedings for the establishment of a community facilities
district pursuant to Chapter 34 shall be instituted by the adoption of a
resolution of intention containing the matters set forth in said Section 34-2.3, as
provided hereafter in this resolution; and
WHEREAS, the Petition having been submitted by the owners of one hundred percent
(100%) of the land proposed to be included in the Proposed District, and
the Petition having included an express waiver of the requirement that, in this
resolution, the council fix the time and place for a public hearing on
the establishment of the Proposed District and describe the protest procedure, as otherwise
required by Section 34-2.3; and
WHEREAS, Waiawa Development Corporation, the land developer of the proposed district, has submitted
a letter dated November 9, 2004, that agrees that the land shown on
the Exhibit E will be developed under “smart growth” principles which encourage town-centers,
is transit and pedestrian oriented, and has a greater mix of housing, commercial
and retail uses than traditional suburban developments. These principles are reflected in many
publications, such as “Getting to Smart Growth,” by Smart Growth Network and International
City/County Management Association, and “Best Development Practices; a Primer for Smart Growth” by
Reid Ewing; now, therefore,
BE IT RESOLVED by the Council of the City and County of Honolulu
as follows:
1. The council hereby finds and determines that the Petition satisfies the requirements of
Section 34-2.2 pertaining thereto; that the Petition is signed by authorized representatives of
the two owners of all of the land shown on the Boundary Map
to be included within the Proposed District; that the Petition expressly waives the
requirement that, in this resolution, the council fix the time and place for
a public hearing and describe the protest procedure respecting the Proposed District; and
that the amount deposited with the city, namely $10,000, will be used to
compensate the city for the estimated costs of the city for the proceedings
to establish the Proposed District, separate arrangements having been made for Gentry to
pay that portion of such costs of proceedings as may become payable to
third parties providing services to the city with respect thereto.
2. The Proposed District shall be established under the terms of Chapter 34 and
shall be named the “City and County of Honolulu Community Facilities District No.
2005-1 (Waiawa Project).”
3. The council hereby establishes the initial boundary of the Proposed District as shown
on the Boundary Map.
4. The types of Special Improvements proposed to be financed, in whole or in
part, by proceeds of the Special Taxes and/or by proceeds of the Special
Tax Bonds are set forth in Exhibit A.
5. The types of Incidental Expenses proposed to be incurred and authorized to be
paid from the proceeds of the Special Taxes and/or the proceeds of the
Special Tax Bonds are set forth in Exhibit B.
6. The Rate and Method of Apportionment of the Special Taxes shall be as
set forth in Exhibit C unless modified in accordance with Chapter 34 prior to
establishment of the Proposed District.
7. In reliance upon the express waiver, contained in the Petition, of the requirement
that, in this resolution, the council fix the time and place of a
public hearing on the establishment of the Proposed District and the protest procedure,
as otherwise required by Section 34-2.3, the council makes no such provision in
this resolution and defers to a later date to be determined the matter
of fixing the time and place for such public hearing and/or describing the
protest procedure.
8. The Proposed District shall have a term of not to exceed fifty (50)
years from the date of adoption of a bond ordinance to be adopted
pursuant to Article 7 providing for issuance of the first series of Special
Tax Bonds.
9. The Chief Engineer of the city, as the term is defined in Section
34-2.4, is directed to study the Proposed District, to prepare the report required
by Section 34-2.4 (the “Report”) and to file the Report with the City
Clerk at least ten (10) days prior to the council’s consideration of the
ordinance of formation to be adopted in accordance with Section 34-2.11 (the “Ordinance
of Formation”). The Report shall include, but not be limited to, the information
specified by said Section 34-2.4.
10. This resolution shall take effect immediately upon its adoption.
BE IT FINALLY RESOLVED that copies of this Resolution be transmitted to the
Mayor, Managing Director, Director of Budget and Fiscal Services, Director of Facility Maintenance,
Gentry Investment Properties, and the Trustees of the Estate of Bernice Pauahi Bishop.
Donovan Dela Cruz (BR)
November 15, 2004
(OCS/111804/ct)
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