CA-0027 Draft 2 - Proposed Amendments to Section 10-15 RE PONC fund - formatted

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[(g)](h) The highest and best use of this fund is to leverage the money in the fund by attracting matching funds, although, matching funds are not required in every purchase. [(h)] Any land acquired with this fund shall contain the following restrictive covenant in its recorded deed of conveyance: "This land was acquired with moneys from the Public Access, Open Space, and Natural Resources Preservation Fund. It shall be held in perpetuity for the use and enjoyment of the people of Hawai`i County and may not be sold, mortgaged, traded or transferred in any way." [{i}] Any easement acquired with this fund shall contain the following restrictive covenant in its recorded deed of conveyance: "This easement was acquired with moneys from the Public Access, Open Space, and Natural Resources Preservation Fund. It shall be held in perpetuity for the use and enjoyment of the people of Hawai`i County and may not be sold, mortgaged, traded or transferred in any way." Section 2. Charter material to be repealed is bracketed and stricken through. New charter material is underscored. When revising, compiling, or printing these charter provisions for inclusion in the Charter of the County of Hawai`i (2020), the revisor need not include the brackets, bracketed and stricken material, or underscoring. Section 3. The revisor of the charter shall renumber charter article, chapter, and section numbers and any cross references thereto pursuant to amendments approved by the electorate. Section 4. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. Section 5. This amendment shall take effect upon approval by the electorate. 2