HomeMy WebLinkAboutBIL 102 Draft 01 2002-2004
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. io2
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2, ARTICLI? 30, HAWAII COUNTY CODE 1983
(1995 EDfFION) RELATING TO GIFTS AND DONATIONS.
BF IT ORDAINED E3Y TI IE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. Section 13-12 of the Hawaii County Charter, states that the
"council may accept gigs of donations of money, securities or other personal property or of real
estate or any interest in real estate." Over the years, the County has experienced an increase i?
landowners wishing to donate their property to the County. For many of the landowners, the
amount of aggregate taxes paid to the County exceeds the value of their property. This is
especially true for lands inundated or surrounded by the Kilauea lava flow and eruption. While
the reasons to accept a' reject such offers may dil fer from property to property, the procedure
should he consistent in principle. The Council believes that its deliberations would be more
informed if certain documentation is submitted by the landowner and a recommendation is made
from the administration. 'I~he purpose of this measure is to establish a procedure by which the
council may accept gifts or donations of land to the County of E lawai`i.
This proposed legislation also seeks to clarify the difference between (I) a gift and
donation and (2) the dedication of properly because of development requirements.
SECTION 2. Chapter Z, Article 30, I lawai'i County Code 1983 (1995 Edition) is
amended by to read as follows:
"Article 30. Gifts and Donations: Dedications.
Section 2-161. Gifts and donations.
For the purposes of this article, gifts and donations as accepted on behalf of the County shall
mean money, securities, or other personal property or real estate or any interest in real estate.
Section 2-162. Procedures of acceptance.
(a) F,xcept as otherwise provided in this article, gifts and donations which fall within the
capitalization procedures of the department of finance may be accepted by resolution
approved by the council, provided a gift or donation of real estate shall be processed in the
fallowing manner.
I I) An offer ~o donate real estate shall be submitted in writing from the donor to the
director of f finance (hereinafter referred to as the "director
(2) The offer shall state the
liurl~ose of the donation and shall include a co~v of the
recorded deed. maintenance or association agreements, conditions, covenants and
restrictions (CC&R'~and any reservations and encumbrances attached to [hc
property.
(3) :Che donor shall also provide any other information or documentation regarding the
property as the director may re nest.
(4) The director shall transmit the offer to appropriate departments and agencies, including
but not limited io the departments of public works, planning and water supply, for their
review and comment- I~hc director shall then forward a recommendation. and a
prouosed resolution to the council for action.
(5) The council may accept the donation of real nrouerty upon a tinding drat the
acceptance of the subiect,~r~erty is in the ~blic interest.
(6) If the prouert~is aced. transfer documents shall be prepared by the County.
(b) Any [such donation ur gift ~ nume~persunal property, securities or real estate which is to be
derived or acyuircd as a result of n community henefit assessment, or by any form of
exaction or condition to a permit or approval issued by the Counts or am' of its agencies
(including the council) shall (be established ink only be accepted after consultation with and
approved] anprwal by die County council pursuant to this section. 'fhe planning
dcparunem shall maintain a listing of all community benetit assessments, exactions on
permit or approval conditions and shall submit an annual report on the same to the cowicil
on or before the f first day of March for the council's review and use in die formulation of the
capital budget and long-term strategic plan for the County. "fhe report shall include, as a
minimum, the fi~llow ing information:
(I) The name of the relevant parties, landowners, donors, contributions;
(2) 'fhe identification of the permit or approval name and number;
(3) "fhe nature and extent of [these assessments the assessments or exactions, and the
method by which auy undetermined [assessments assessments or exactions arc to be
determined, valued and applied;
(4) The deadlines and other timetables in which the [assessments assessments or exactions
are to be determined and delivered or performed;
(5) Financial impact statements(, applicable under article 21 of phis chapter,*) for the
assessment or enaction reported.
(c) The dedication of roads and other infrastructure dedications rec~ed.as~art oCsubdivision
or other development shall be transmitted by resolution to the Council usint, the procedure
sated in (a) above. provided the, deuartment(s) or a~cncy(ies) having oversight and
maintenance of the infrastructure to be dedicated has been consulted, performed all
necessary inspections, and recommends approval pursuant to the Hawaii County Code.
Qe] d) Any donation or gill not covered b}' [(a) or (b)) (a). (b), or (c) of this section shall be
submitted to the council by letter ~br its approval.'
*Gditor~s Note: Article 21 relating ~o financial impact statement referred to in text is repealed.
SIiCTION 3. Severability. If any provision of this ordinance or application thereof to
any person or circmnstance is held invalid, such invalidity shall not affect other provisions or
applications of this ordinance which can be given effect withoutthe invalid provision or
application. and to this end, the provisions of this ordinance are declared to be severable.
SECTION 4. Maicrial to be repealed is bracketed. New material is underscored. In
printing this ordinance, the brackets. bracketed material and underscoring need not be included.
SI?CTION 5. 'This ordinance shall take effect upon its approval.
INTRODUCED 13Y:
COUNCIL MEMB6' U TY OP HAWAII
Hilo, Hawaii
Date of Introduction:
Date of I" Reading:
Date oft"`~ Reading:
REFERENCk: Gomm. 223