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(5) Two percent of Hawai`i County real property tax revenues collected <br /> annually (including penalties and interest). Deposits will be made to <br /> the Fund on June 30, 2007 and then again on December 31, 2007, and <br /> on December 31 and June 30, in successive years, with deposits being <br /> calculated on all real property tax payments (including penalties and <br /> interest) received in the prior six months. Additional deposits and <br /> adjustments may be made at the discretion of the director of finance; <br /> (6) Monies from items numbered(1), (2), (3), and (4) above, shall be <br /> deposited as received; and <br /> (7) Notwithstanding (b)(5) of this section, for the period from July 1, 2009 <br /> to June 30, 2011, no payments relating to this section shall be allocated <br /> or deposited, provided, however, that all payments accrued through <br /> June 30, 2009 shall be allocated and deposited by July 31, 2009." <br /> SECTION 5. Chapter 2, article 42, section 2-214, of the Hawai`i County Code 1983 <br /> (2005 Edition, as amended), is amended by amending subsection (d) to read as follows: <br /> "(d) The director of finance shall ensure that the following covenant is written <br /> and duly recorded as part of the deed of any property acquired pursuant to <br /> this [article:] section: <br /> "This land/easement was acquired with moneys from the Public <br /> Access, Open Space, and Natural Resources Preservation Fund. It shall be <br /> held in perpetuity for the use and enjoyment of the people of Hawai`i <br /> County and may not be sold, mortgaged, traded or transferred in any way." <br /> The director of finance shall select either"land" or"easement" based on the <br /> type of property acquired." <br /> SECTION 6. Chapter 2, article 42, of the Hawai`i County Code 1983 (2005 Edition, as <br /> amended), is amended by adding a new section to read as follows: <br /> "Section 2-214.2. Public access, open space, and natural resources <br /> preservation maintenance fund. <br /> (a) Pursuant to section 10-16(c) of the Charter, a special fund known as the <br /> public access, open space, and natural resources preservation maintenance <br /> fund is established. The purpose of this special fund is to accrue and use <br /> moneys for maintenance of lands and easements acquired by the public <br /> access, open space, and natural resources preservation fund. <br /> (b) Pursuant to section 10-16(c) of the Charter, the maintenance fund shall be <br /> administered and managed by the department of parks and recreation. <br /> Adequate staff to carry out the provisions of this article and section 10-16 <br /> of the Charter shall be provided in the department of parks and recreation. <br /> 2 <br />