(a) There shall be a district association for each special improvement district established pursuant to this chapter. The district association shall be a nonprofit corporation and shall have one or more classes of membership, voting or nonvoting. The purpose of the association shall be the carrying out of such activities as may be prescribed in the district plan. The articles of incorporation or bylaws of such association shall provide for voting representation of fee simple owners and lessees of land within the district and may provide that the votes of members who are owners of land be weighted in proportion to the special assessment levied or to be levied against the parcels of land within the district, and that members whose properties are exempt from the special assessment are nonvoting members. Alternatively, if no special assessment is imposed upon any property under the provisions of Article 3 of this chapter, the voting representation shall be established by the district board in accordance with the provisions of the ordinance establishing the district.
(b) The district board shall be composed of representatives of fee simple owners, lessees of land, and tenants of commercial space within the district; provided, however, that not less than a majority of the district board members shall represent fee simple owners and lessees of land; and provided further, that tenants of commercial space within the district shall also be represented on the district board. The district board shall also include the following, all of whom shall serve as the incorporators of the association pursuant to the Hawaii Nonprofit Corporation Act:
(1) The chief engineer of the department of facility maintenance or the director’s designated representative, who shall be nonvoting member;
(2) The director of budget and fiscal services or the director’s designated representative, who shall be a nonvoting member;
(3) The mayor or the mayor’s designee, who shall be a voting member; and
(4) The councilmember of the district within which the majority of the land area within which the district is located or the councilmember’s designated representative, who shall be a voting member.
The district association may be incorporated prior to the effective date of any district established pursuant to this chapter. If no special assessment is imposed upon any property under the ordinance establishing the district, the voting and non-voting representation shall be established by the district board in accordance with the ordinance establishing the district.
(c) In addition to such other powers as are conferred to it by law or this chapter, the district board shall have the power to carry out the activities prescribed in the district plan including but not limited to:
(1) Determining the scope and specifications for the performance standards;
(2) Letting contracts for the supplemental services or for the management of operations of the district;
(3) Entering into contracts for any one or more of the following: the development of plans, design, construction or renovation of supplemental improvements; and
(4) Adopting the annual budget for the district.
(1990 Code, Ch. 36, Art. 2, § 36-2.9) (Added by Ord. 00-13; Am. Ord. 17-57)