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COUNTY OF HAWAII <br />ORDINANCE NO. <br />STATE OF HAWAII <br />BILL NO. 78 <br />AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 36, OF THE HAWAII <br />COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE <br />GEOTHERMAL RELOCATION AND COMMUNITY BENEFITS PROGRAM. <br />BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: <br />SECTION 1. Chapter 2, article 36, section 2-178 of the Hawaii County Code 1983 <br />(2005 Edition, as amended) is amended to read as follows: <br />"Section 2-178. Purchase and sale of affected properties. <br />(a) Notwithstanding any other provision of this Code, the planning director is hereby <br />authorized to purchase the affected properties by negotiation for not more than one <br />hundred thirty percent of the assessed value, as determined by the real property tax <br />division of the department of finance and dispose of the affected properties by public <br />auction or pursuant to article 19 of chapter 2, with the exception of the requirement for <br />council resolution found in section 2-111(1). <br />(b) The planning director shall not accept applications for relocation for any affected <br />property purchased ninely days after the effective date of this ordinance. For the <br />purposes of this subsection, "purchase" means the act or process of acquiring real <br />property by deed, will, mortgage, lien or other means." <br />SECTION 2. Chapter 2, article 36, section 2-181 of the Hawaii County Code 1983 <br />(2005 Edition, as amended) is amended to read as follows: <br />"Section 2-181. Expenditures from fund. <br />Caj The proceeds from the fund shall be used for the necessary expenses in administering <br />and carrying out the purposes of the geothermal relocation and community benefits <br />program. [n minimum ia ee of $1,000,000 shall be maii4moa i the r;,na f <br />(b) Funds may only be used for community benefits if the total amount of monies in the <br />fund exceeds the total assessed property value for geothermal relocation. For the <br />purposes of this section, "total assessed property value" means a monetary figure for the <br />combined value of land and structures as prepared by a real estate appraiser licensed in <br />the State of Hawaii. <br />(c) Expenditures relating to the geothermal relocation and community benefits program <br />include, but are not limited to: <br />(1) The costs of any necessary appraisals required under this program; <br />