Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 19-170-2 - Definitions

Current through June, 2024
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.