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(1) Operating or capital costs of public transportation within the County for <br /> public systems, including public roadways or highways, public buses, trains, <br /> ferries, pedestrian paths or sidewalks or bicycle paths[, and] i <br /> (2) Expenses in complying with the Americans with Disabilities Act of 1990 <br /> with respect to paragraph (1)[-] ; or <br /> (3) As otherwise authorized by State statute. <br /> (b) "Capital costs" in this section means nonrecurring costs required to construct a <br /> transit facility or system, including debt service, costs of land acquisition and <br /> development, acquiring rights-of-way, planning, design and construction, and <br /> including equipping and furnishing the facility or system. <br /> (c) Any balance remaining in the general excise tax fund at the end of any fiscal year <br /> shall not lapse, but shall remain in the fund accumulating from year to year. The <br /> moneys in this fund shall not be used for any purpose except those listed in this <br /> section, or as allowed by any amendments to sections 46-16.8 and 248-2.6, Hawai'i <br /> Revised Statutes. <br /> Section 2-236. Termination of Surcharge. <br /> [Unless otherwise extended by ordinance, this article will be repealed on December <br /> 31, 2020; provided that this] This general excise and use tax surcharge shall not extend <br /> beyond December 31, 2030, pursuant to Act 11, Session Laws of Hawai`i, codified as <br /> section 46-16.8, Hawai`i Revised Statutes, as amended." <br /> SECTION 3. Material to be repealed is bracketed and stricken. New material is <br /> underscored. In printing this ordinance, the brackets, bracketed and stricken material, and <br /> underscoring need not be included. <br /> SECTION 4. Severability. If any provision of this ordinance, or the application <br /> thereof to any person or circumstances is held invalid, such invalidity shall not affect <br /> other provisions or applications of the ordinance which can be given effect without the <br /> invalid provision or application, and to this end, the provisions of this ordinance are <br /> declared to be severable. <br /> SECTION 5. This ordinance shall take effect upon approval. <br /> INTRODUCED BY: <br /> Or/jiff/Ai 111%/01111111 <br /> COUNCIL • EMBER, COUNTY OF HAWAII <br /> Hilo , Hawai`i <br /> Date of Introduction: February 20, 2019 <br /> Date of 1st Reading: February 20, 2019 <br /> Date of 2nd Reading: March 13, 2019 <br /> Effective Date: March 25, 2019 <br /> 81 <br /> REFERENCE Comm. <br /> 2 <br />