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HomeMy WebLinkAboutBIL 102 Draft 02 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 102 Draft 2 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 30, HAWAII COUNTY CODE 1983 (1995 EDITION) RELATING TO GIFTS AND DONATIONS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION l . Purpose. Section 13-12 of the Hawaii County Charter, states that the "council may accept gifts of [sic] 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 in landowners offering to donate their real property to the County. For marry of the landowners, the amount of aggregate taxes paid to the County exceeds the value of their real property. This is especially true for real property inundated or surrounded by the Kilauea lava flow and eruption. While the reasons to accept or reject such offers may differ from real property to real property, the procedure should be 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. The purpose of this measure is to establish a procedure by which the council may accept gifts or donations of real property to the County of Hawai ` i. This proposed legislation also seeks to clarify the difference between (1) a gift or donation or real property and (2) the dedication of real property because of community benefit assessment or conditions of land use approvals. SECTION 2. Chapter 2, Article 30, Hawai"i County Code 1983 (1995 Edition) is amended by to read as follows: "Article 30. Gifts [and] or Donations; Dedications. Section 2-161. Gifts [and] or 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 (hereinafter referred to as "real propertv") or any interest in real [estate] r~ohertY. Section 2-162. Procedures of acceptance; money, securities, or personal property. (a) Except as otherwise provided in this article, gifts [and] or donations of money, securities, or personal property which fall within the capitalization procedures of the department of finance may be accepted by resolution approved by the council. (bl A eift or donation of money, securities, or personal property not covered by the capitalization procedures shall be submitted to the council by letter for its approval. Section 2-162.1 Procedures for acceptine money, securities, personal property or real property derived from community benefit assessments or conditions of land use approvals. ([b]a) [Any such donation or gift] Except as provided under the Park Dedication Code, a Qift or donation of money, securities, personal property or real property which is to be derived or acquired as a result of a community benefit assessment[, or by airy form of exaction or condition to a permit or] or by any condition of land use approval issued by the County or any of its agencies (including the council) shall [be established in] only be accepted after consultation with and [approved] approval by the County council pursuant to this section. Likewise, any in-lieu determinations by the ~IanninQ director shall be subject to the review and approval of the council. The planning department shall maintain a listing of all community benefit assessments[,] and exactions on permit or approval conditions, and shall submit an annual report on the same to the council on or before the first day of March for the council's review and use in the formulation of the capital budget and long-term strategic plan far the County. The report shall include, as a minimum, the following information: (1) The name of the relevant parties, landowners, donors, contributions; (2) The identification of the permit or approval name and number; (3) The nature and extent of [these assessment] the assessments or exactions, and the method by which any undetermined [assessment] assessments or exactions are to be determined, valued and applied; (4) The deadlines and other timetables in which the [assessment] assessments or exactions arc to be determined and delivered or performed; (5) Financial impact statements[, applicable under article 21 of this chapter,*] for the assessment or exaction reported. [(c) Any donation or gift not covered by (a) or (b) of this section shall be submitted to the council by letter for its approval.] *Editor's Note: Article 21 relating to financial impact statement referred to in text is repealed. 2 fb) The dedication of roads and/or other infrastructure required as part of land use approvals shall be transmitted by resolution to the Council usin the procedure set forth in section 2-162 2 provided the department(s) or agencv(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 Section 2-162.2. Procedures for acceptance• other real property A gift or donation of real property which is not derived from a community benefit assessment or condition of land use approvah shall be processed in the following manner (I) An offer to donate real property shall be submitted in writing from the donor to the director of finance (hereinafter referred to as the "director (2) The offer shall state the purpose of the donation and shall include a copy of the recorded deed, any maintcnance or association agreements conditions covenants and restrictions (CC&R's), and any reservation and encumbrances attached to the real property (3) The donor shall also provide any other information or documentation regarding the real property as the director may request (4) The director shall transmit the offer to appropriate departments and agencies includi~ but not limited to the departments of public works planning and water supply and real property tax office, for their review and comment The director shall then forward to the council a status of real property taxes due including delinquencies interest and penalties a recommendation and a proposed resolution 5 The council ma not acce t the donation of real ro ert unless there is a findin that the acceptance of the subject real property is in the public interest (6) If the real property is accepted transfer documents shall be prepared by the CountK" SECTION 3. Severability. If any provision of this ordinance or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effecC without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 4. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material and underscoring need not be included. 3 SECTION 5. This ordinance shall take effect upon its approval. INT ODUCED B l I~1 Vb CO NC MEMBER, CO TY OF HAWAI`1 Hawaii Date of Introduction: Date of 1" Reading: Date of 2"~ Reading: REFERENCE: Comm. 223.4 4