Report Title:

Aloha Tower Development Corporation

Description:

Allows the Aloha Tower Development Corporation to sell land, or a limited amount of land and air rights over land within its control and jurisdiction to facilitate the development of housing.

HOUSE OF REPRESENTATIVES

H.B. NO.

612

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE ALOHA TOWER DEVELOPMENT CORPORATION.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds the purpose of chapter 206J, Hawaii Revised Statutes, is to allow for the redevelopment of the Aloha Tower complex in a manner which benefits the State and creates significant economic development. Further, it is the legislature’s intent in enacting chapter 206J, Hawaii Revised Statutes, to allow for development of the Aloha Tower complex in a manner that maximizes the return to the State and that results in a commercially viable development program to allow for private sector involvement in the redevelopment of the Aloha Tower project area.

The legislature also finds that laws recently enacted by the city and county of Honolulu requiring the sale of the fee interest in leasehold condominium projects to the leaseholders has significantly transformed the nature of the leasehold condominium market in Honolulu, such that leasehold condominiums have little or no value.

The legislature further finds that in order to allow the economically viable redevelopment of the Aloha Tower project area, the construction of residential condominiums held in fee is required.

The legislature also finds that the powers of the Aloha Tower development corporation are inconsistent with similar State development agencies in restricting the Aloha Tower development corporation to the lease of real property.

The purpose of this Act is to authorize the Aloha Tower development corporation to sell land in fee within the constraints of the purpose of chapter 206J, Hawaii Revised Statutes, and with regard to the maintenance of the maritime facilities within the project area as set forth in chapter 206J, Hawaii Revised Statutes.

SECTION 2. Section 206J-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The development corporation shall have all the powers necessary to carry out its purposes, including the following powers:

(1) To sue and be sued;

(2) To have a seal and alter the same at its pleasure;

(3) To make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter;

(4) To make and alter bylaws for its organization and internal management;

(5) To adopt rules under chapter 91 necessary to effectuate this chapter in connection with its projects, operations, properties, and facilities;

(6) Through its chief executive officer, to appoint officers, agents, and employees, prescribe their duties and qualifications, and fix their salaries, consistent with chapter 76; its chief executive officer may also appoint officers, agents, and employees, prescribe their duties and qualifications, and fix their salaries, without regard to chapter 76;

(7) To prepare or cause to be prepared a development plan for the Aloha Tower complex, incorporating the needs of the department of transportation and accommodating the plans, specifications, designs, or estimates of any project acceptable to the development corporation;

(8) To own, lease, sell, hold, clear, improve, and rehabilitate real, personal, or mixed property and to assign, exchange, transfer, convey, lease, sublease, or encumber any project or improvement, including easements, constituting part of a project within the Aloha Tower complex, except that required for necessary maritime purposes, including leases or other agreements for the rehabilitation, repair, maintenance, and operation of the Aloha Tower;

(9) By itself, or in conjunction with qualified persons, to develop, construct, reconstruct, rehabilitate, improve, alter, or repair or provide for the development, construction, reconstruction, rehabilitation, improvement, alteration, or repair of any project, including projects or any portion thereof under the control or jurisdiction of qualified persons; to own, hold, assign, transfer, convey, exchange, lease, sublease, or encumber any project, including projects or any portion thereof under the control or jurisdiction of qualified persons;

(10) Notwithstanding any other provision of law to the contrary, to arrange or initiate appropriate action for the planning, replanning, opening, grading, relocating, or closing of streets, roads, roadways, alleys, easements, piers, or other places, the furnishing of facilities, the acquisition of property or property rights, or the furnishing of property, development rights, or services in connection with a project;

(11) To grant options or renew any lease entered into by it in connection with any project, on terms and conditions as it deems advisable;

(12) To prepare or cause to be prepared plans, specifications, designs, and estimates of project cost for the development, construction, reconstruction, rehabilitation, improvement, alteration, or repair of any project, and from time to time to modify such plans, specifications, designs, or estimates;

(13) To provide advisory, consultative, training, and educational services, technical assistance, and advice to any person, partnership, or corporation, either public or private, in order to carry out the purposes of this chapter, and engage the services of consultants on a contractual basis for rendering professional and technical assistance and advice;

(14) To procure insurance against any loss in connection with its property and other assets and operations in such amounts and from such insurers as it deems desirable;

(15) To contract for and accept gifts or grants in any form from any public agency or from any other source;

(16) To pledge or assign all or any part of the moneys, rents, charges, or other revenues and any proceeds derived by the development corporation from proceeds of insurance or condemnation awards, less guarantees to the harbor special fund for the loss of revenues or incurrence of costs and expenses because of any action taken by the development corporation; and

(17) To issue bonds of the development corporation for the purpose of providing funds for any of its corporate purposes."

SECTION 3. Section 206J-6, Hawaii Revised Statutes, is amended to read as follows:

"§206J-6 Limitations on the powers of the development corporation. [(a) The development corporation shall not sell any fast or submerged lands of the Aloha Tower complex as established by this chapter.

(b)] (a) The development corporation shall preserve the Aloha Tower as an historical monument and shall not sell, remove, demolish, deface, or alter the structure in any reasonable degree to lessen its historical value to the community. However, and notwithstanding any other law to the contrary, repairs, maintenance, relocation of pier platforms, or any essential reconstruction necessary for the preservation of the Aloha Tower as an historical monument shall be permissible.

[(c)] (b) Irwin Memorial Park shall be retained as a public park subject to the reservations and conditions set forth in the deed of Helene Irwin Fagan to the Territory of Hawaii.

[(d)] (c) The development corporation or its lessees shall not exercise any jurisdiction over the provided replacement facilities located within the Aloha Tower complex required for necessary maritime purposes and activities (hereinafter maritime facilities). Jurisdiction over any such replacement facilities shall be in the department of transportation. Facilities functionally related to maritime purposes and the purposes outlined in the development plan for the Aloha Tower complex, such as hotel facilities for maritime passengers and waterfront visitors, concession facilities adjacent to maritime terminal facilities, public parking facilities which are situated on property not currently under the jurisdiction of the department of transportation, and commercial, retail, residential, and office facilities may be under the jurisdiction of the development corporation or its lessees."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

BY REQUEST