HomeMy WebLinkAboutCOM 0824.002 1998-2000
Stephen K. Yama hiro Richard Wtuderam
Mayor» - Corporaun Counsel
(g=nt T ?ttt
OFFICE OF THE CORPORrkTION COUNSEL
101 Aupuni Street, Suite 325 . Hit., Hawaii 96720.4262 (808) 961.8251 - F. (808) 961.8622
July 11, 2000
TO: BOBBY JEAN LEITHEAD-TODD
Councilmember i
FROM: RICHARD D. WURDEMAN
Corporation Counsel
SUBJECT: Amendment to Bill No. 41, Draft 2
In your memorandum of July 10, 2000, you asked whether the Title to Bill 41 could be amended
to comply with the terminology in the 1996 Zoning Code.
Apparently this bill, which would rezone a portion of Ka'ao Homesteads in Hamakua from
Agricultural (A-5a) to Agricultural (A-2a), was introduced prior to the enactment of the present
Zoning Code. It is now thought that a more appropriate redesignation would be to the RA
(Residential and Agricultural District).
The Charter, §3-10(b), requires that ordinances shall embrace but one subject, which subject
shall be expressed in the title. Generally, such provisions are construed as requiring that
although slight changes in the titles or ordinances, such as correcting typographical errors or
replacing a word with a synonymous one, are immaterial, changes which alter the original
purpose of the ordinance are not permitted. McQuillen Mun Corp §16.87 (3sd Ed).
In this case, the suggested change is to rezone the property to one permitting a range of different
uses from that originally intended, as well as to a classification only permitted in State land use
urban and rural districts. Because of the materiality of this change, it must be accomplished by a
new bill, subject to all the required procedural requirements. QQ MM
RDW:b3 Comm. No.v~ W
B1LT: Amend Bill 41,dr2
File No.
Ref. To:
` WAX L
Ref. Date JI- 14