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lr'- w p COUNTY OF HAWAII STATE OF HAWAII 268 O4 RESOLUTION NO. A RESOLUTION TRANSFERRING/APPROPRIATING AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT(S) AND CREDITING SAME TO A DESIGNATED FUND ACCOUNT(S) WHEREAS, impact fees are a financing tool and resource identified in the updated drafts of the Hawaii County General Plan under consideration by the Council to assist the County in assuring that new development(s) contribute a fair and proportionate share of the cost(s) of capital expenditures necessary to provide concurrent public facilities and infrastructure for which there is a rational nexus to the proposed development; and WHEREAS, pursuant to the provisions of §46-142, Hawaii Revised Statutes (HRS), the Counties are authorized to assess, impose, levy, and collect impact fees for any development within their jurisdictions and to enact impact fee ordinances; and WHEREAS, pursuant to §46-143, HRS, a county council considering enacting impact fees must first approve a needs assessment study to identify the types of public facilities for which the fees shall be imposed; and WHEREAS, pursuant to §46-143, HRS, such impact fees must be proportionally related to the actual capital cost of public facility expansion that is incurred by the County for accommodating development; and WHEREAS, pursuant to §46-143, HRS, a technical study to determine the calculation of impact tee(s) must be prepared by an engineer, architect or other qualified professional to identify service standard levels, project public facility capital improvement needs, and differentiation between existing and future needs; and WHEREAS, prior to the adoption of an impact fee ordinance, the Council must appropriate funds for the Planning Department to issue a Request for Proposals and retain the contractual services of a qualified consultant to prepare the required Impact Fee Needs Assessment; and WHEREAS, in the event that other funds aze required for the prepazation of an Impact Fees Needs Assessment Study in addition to the amount(s) transferred/appropriated by this resolution, the Council requests that such funds be identified and proposed for inclusion in the Fiscal Year 2005-06 Operating Budget of the County of Hawaii.