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O,~tV OF H <br /> 4~ ~ C.l '•.~fy~4 <br /> <br /> Stephen K. Yamashiro ,c Richard Wurdeman <br /> Mayor Corporation Counsel <br /> •~F •t.,, <br /> ,~-OF NF's <br /> ~IIliSl~~? IT~ ~tI~1T?XTY . _ <br /> OFFICE OF THE CORPORATION COUNSEL ' - <br /> 101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720-4262 • (808) 961-8251 • Fax (808) 961-8622 <br /> October 8, 1998 <br /> TO: County Clerk <br /> FROM: Frederick Giannini, Deputy Corporation Counsel C <br /> RE: Validity of Ordinance No. 98-97 Amending Chapter 24 of the County <br /> Code, Relating to Vehicles <br /> This is in response to your questions about the validity of the above-noted <br /> ordinance. The bill went through its first reading on September 2, 1998, and its second <br /> reading on September 16, 1998. In both instances, it passed by a vote of eight "ayes", no <br /> "nays" and one abstention. The bill was approved as to form and legality by the Office of <br /> Corporation Counsel on September 18, 1998, the same date on which it was referred to <br /> the Mayor for approval. The Mayor approved it on September 25, 1998, and it was <br /> published on October 2, 1998. As you have explained, after the bill was passed, the <br /> ordinance was reprinted with two errors: first, the bill, which consisted of four pages, was <br /> improperly numbered, with the last page being numbered "5" instead of the correct "4"; <br /> and second, the sections in the ordinance were not properly sequenced and numbered, <br /> with the seven sections making up the bill being numbered 1,2,3,4,5,6, and 8. It is our <br /> conclusion that these errors are not fatal defects and do not cause the bill to be defective <br /> in any way. <br /> The validity of an ordinance is dependant on its being passed pursuant to the <br /> charter. In the case of Ordinance 98-97, the requirements of sections 3-8 and 3-10 of the <br /> charter were met. All portions of the bill which make substantive changes to the code <br /> were reprinted correctly. 'The errors in the bill are all in non-substantive-parts which are <br /> not going to be reprinted as part of the code. Hawaii County Code §2-153, concerning <br /> the revision of ordinances and the supplementation of the code, empowers the Office of <br /> v <br /> f 4 p! .i :J <br /> <br />