ORD 2001-036 2000-2002 - Laserfiche WebLink

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COUl®TTY O~ IIA~AI`I STATE OF IIA~VAI`I SILL NO. 2 9 (Draft 2) ORDINANCE NO. ~ AN ORDINANCE AMENDING CHAPTER 19 OF THE HAWAII COUNTY CODE 1983 (1995 EDITION), AS AMENDED, RELATING TO REAL PROPERTY TAXES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 19, article 10, section 19-89, of the Hawaii County Code 1983 (1995 edition), is amended to read as follows: Section 19-89. Exemptions for certain Hawaiian Homes property, and other agencies. Exemptions from real property taxes as set forth in chapter 53, chapter 183, and chapter 234, Hawaii Revised Statutes, and in section 208 of the Hawaiian Homes Commission Act, and which were enacted prior to November 7, 1978, shall remain in effect and be recognized by this County in its administration of the real property tax system, provided, that all references to the director of taxation or the department of taxation shall now be deemed to refer to the designated representative of the mayor who shall also be subject to approval by the council. [This County does not recognize the exemption from real property taxation specified in chapter 239, Hawaii Revised Statutes. However, for so long as the State of Hawaii continues to collect a Public Service Company tax under chapter 239 in excess of the State General Excise Tax under chapter 237, the County claims such excess portion of the Public Service Company tax revenues and] If State legislation is enacted allowin~a public utility under Hawaii Revised Statutes section 239-5(a to pay a tax to the County of at least 1.885% upon the gross income of the public utility's business within the County, effective July 1 2001 then notwithstanding any~royision to the contrary, the Count exemption from real property taxes for a t~ublic utility under Hawaii Revised Statutes chapter 239 as codified on August 1, 2000, shall be reinstated. If reinstated, this exemaption shall be construed and applied in coniunction with Hawaii Revised. Statutes section 239-3 as Hawaii Revised Statutes section 239-3 was codified on August 1, 2000; provided that the exem ti~all be limited to real property used by the public utili~ in its un blic utility business. As used within this section, "public utility" has the meaning_ascribed to it in Hawaii Revised Statutes section 269-1, except airlines, motor carriers, common carriers by water, and contract carriers subject to taxation under Hawaii Revised Statutes section 239-6. The County will accept such revenues in lieu of directly collecting real -1-