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+tvosML.. <br /> COUNTY OF HAWAII , ..1 •: STATE OF HAWAII <br /> oF.N'�: <br /> RESOLUTION NO. 276 12 <br /> A RESOLUTION REQUESTING THAT THE MAYOR AUTHORIZE THE DIRECTOR <br /> OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF TAX <br /> MAP KEY NUMBERS (3)7-3-009:004 AND (3)7-3-009:022, PROPERTIES KNOWN AS <br /> THE COASTAL LANDS OF 'O'OMA II, IN THE DISTRICT OF NORTH KONA, <br /> COUNTY OF HAWAI'I. <br /> WHEREAS, the Public Access, Open Space, and Natural Resources Preservation Fund, <br /> was established in 2005, by Ordinance No. 05-85, as codified in chapter 2, article 42, of the <br /> Hawai`i County Code 1983 (2005 Edition, as amended); and <br /> WHEREAS, article 42, section 2-214(c), Hawai`i County Code 1983 (2005 Edition, as <br /> amended), provides that: <br /> "(c) The fund shall be used for acquiring lands or property entitlements in the <br /> County of Hawai`i for the following purposes: <br /> (1) Public outdoor recreation and education, including access to beaches and <br /> mountains; <br /> (2) Preservation of historic or culturally important land areas and sites; <br /> (3) Protection of natural resources, including buffer zones; <br /> (4) Preservation of forests, beaches, coastal areas, natural beauty and <br /> agricultural lands; and <br /> (5) Protection of watershed lands to preserve water quality and water supply."; and <br /> WHEREAS, article 42, section 2-217, Hawai`i County Code 1983 (2005 Edition, as <br /> amended), provides, in part, that the Public Access, Open Space, and Natural Resources <br /> Preservation Commission shall develop and submit to the Mayor a list of qualifying lands worthy <br /> of preservation and further, that the Commission update this list at any time, but at least annually <br /> by December 31 of each year; and <br /> WHEREAS, article 42, section 2-218(a), Hawai`i County Code 1983 (2005 Edition, as <br /> amended), provides, in pertinent part, that: <br /> "...[T]he Council shall, by resolution, select the land or lands to be preserved. Under no <br /> circumstances shall the purchase price paid for a property exceed the appraised value as <br /> prepared by an independent appraiser engaged by the County. Where there are multiple <br /> lands under consideration at any one time, priority shall be given to coastal lands and <br /> where matching funding is available to leverage the County contribution...."; and <br />