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• <br /> COUNTY OF HAWAII STATE OF HAWAII <br /> • <br /> BILL NO. 2 4 <br /> ORDINANCE NO. <br /> AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 42, SECTION 2-214 OF THE <br /> HAWAII COUNTY CODE 1983 (2005 EDITION,AS AMENDED), RELATING TO A <br /> RESTRICTIVE COVENANT FOR DEEDS TO LANDS OR EASEMENTS ACQUIRED <br /> WITH FUNDS FROM THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL <br /> RESOURCES PRESERVATION FUND. <br /> BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: <br /> SECTION 1. The purpose of this ordinance is to ensure that property acquired with <br /> funds from the Public Access, Open Space, and Natural Resources Preservation Fund remain <br /> under the control and ownership of the County of Hawai`i in perpetuity, and not be used for <br /> purposes other than those cited in the Hawai`i County Charter (Section 10-15) and the Hawai`i <br /> County Code (Section 2-214). <br /> It is the policy of the Hawaii County Council that all deeds for lands or easements <br /> acquired with funds from the Public Access, Open Space, and Natural Resources Preservation <br /> Fund, including those acquired prior to the enactment of the County Charter amendment as <br /> provided in Ordinance No. 11-94, include a restrictive clause that would prevent the sale, <br /> mortgage, trade or transfer of those lands in any way. <br /> SECTION 2. Chapter 2, article 42, section 2-214 of the Hawai`i County Code 1983 <br /> (2005 Edition, as amended), is amended to read as follows: <br /> "Section 2-214. Public access, open space, and natural resources preservation fund. <br /> (a) A public access, open space, and natural resources preservation fund is hereby <br /> established. This special fund shall be administered and managed by the finance <br /> department. Monies deposited shall be invested in a conservative interest-bearing <br /> account that will allow monies to be available for property acquisition and prevent <br /> any erosion of the fund's principal amount. <br /> (b) The fund shall consist of monies from: <br /> (1) The proceeds from the sale of any general obligation bonds, authorized and <br /> issued for the purposes of this article; <br /> (2) Council appropriations for the purposes of this article; <br /> 1 <br />