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Home My WebLink AboutORD 2003-148 2002-2004 COUNTY OF HAWAII STATE OF HAWAII BILL NO. 102 Draft 2 ORDINANCE NO. ~3 148 AN ORDINANCE AMENDING CFIAPTER 2, ARTICLC 30, HAWAI'1 COUNTY CODE 1983 (1995 EDITION) RELATING TO GIFTS AND DONATIONS. BE IT ORDAINED BY TI-IE COUNCIL OF TFIE COUNTY Op HAWAII: SECTION I. 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. Por many 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 inmidated or surrounded by the Kilauea lava flow and eruption. While the reasons to acceptor 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 Hawaii. This proposed legislation also seeks to clarify the difference between (I) 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, Hawaii County Code 1983 (1995 Edition) is amended by to read as follows: "Article 30. Gifts [ands 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 property") or any interest in real ~estate~ pro pert . Section 2-]62. 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 roperty which fall within the capitalization procedures of the department of finance may be accepted by resolution approved by the council. (b) A eift or donation of money securities or personal~ropertv not covered by the capitllization procedures shall be submitted to the council by letter for its approval Section 2-]62.1 Yroeedures for acceptine money securities personal property or real property derived from community benefit assessments or conditions of land use approvals ([b]a) [nny such donation or gift] Except as provided under the Park Dedication Code a gift or don•ition of money securities personal property or realproperty which is to be derived or acquired as a result of a community benefit assessment[, or by any form of exaction or condition to a permit or] or by any condition of land nee approval issued by the County or any of its agencies (including the cowicil) shall Abe established ink only be accepted after consultation with and [approved] approval by the County council pursuant to this section. Likewise any in-lieu determinations by the planning 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 oi' the capital budget and long-term strategic plan for the County. The report shall include, as a minimum, the following information: (1) The name of the relevant parties, Ividowners, 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. 1b) The dedication of roads and/or other infrastructure required as part of land use approvals shell be transmitted by resolution to the Council usine the procedure set forth in section 2-16~ 2 provided the department(s) or agency(ies~ having overs~ht and maintenance of die infrastructure to he dedicated has been consulted, performed all necessar inspections and recommends approval pursuant to the Hawaii Count~Code Section 2-162.2. Procedures for acceptance; other real nruperty. A gift or donation of real property, which is not derived from a community benefit assessment or condition of land use approval, shall be processed in the following manner: An offer to donate real property shall be submitted in writing from die donor to die director of finance (hereinafter referred to as the `director_'~ The offer shall stag the pm}~ose of the donation and shall include a copy of die recorded deed, ai~~ maintenance or association agreements, conditions, covenants and restrictions (CC&TZ's), and any reservation and encumbrances attached to the real property. (3) The donor shall also provide any oilier information or documentation regarding' the real pr~erty_as the director may request. The director shall transmit the offer to appropriate departments and agencies, including but not limited to the departments of public works. plannin ,and water supply. and real ftroperty wx office, fior their review and comment. The director shall then forward to the council a status ofrealproperty taxes due, including delinquencies, interest and penalties, a recommendation and a proposed resolution. (5) The council may not accept the donation of real prouerty unless there is a finding that the ucceptvice of the subject real Eroperty is in the public interest 6 ffthc real ~onerty is accepted, transfer documents shall bc~re~ared by the County." SEC~['ION 3. Severability. If any provision of this ordinance or application thereof to any person or circumstance is held invalid, such invalidit}~ shall not affect other provisions or applications of this ordinance which can be given effect withoutthc invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SEC'T'ION 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. 7"his ordinance shall take effect upon its approval. INT ODUCCD I3 ~ ~ ~ L LO 1NC1 MGMQER, COl TY OF HAWAII Hilo , ~lawai`i Date oflntroduction: October 22, 2003 Date ofl"Keading: October 22, 2003 Date oft"`~IZeading: November 5, 2003 Effective Date: i~oue~ber 14, 2003 REFEREYCF: Comm. 4 OFFICE OF THE COUNTY CLERK County of Hawaii xilo _ ,Hawaii (-(1 , ~ ' (llRAET 2) ROLL CALL ~ ~I- ~ ~ ~I - - - _ 1 Introduced By: J_. Curtis Tyler, ITI _ AYES NOES S Datelnh-oduced October 27, 2003 _ A~akaki X /I, _ _ I 1~/~al~l~ UN1 I EirstReading: October 22, 2003 _ Chung X Published: November 2, 2003 F.larionoff X Hnlschuh_ X - - - REM,4RKS: Jacobson - X - Reynolds X - Safarik - - _--I 1 l~ulang X ~ - _ Y cr - _ ~ i X 0-- - 0 ! ~ _ 0 _ Second Reading: November 2003 ROLL CALL VOII_ To Mayor: November 7, 2003 - _ AYLS NOES ABS EX Returned: - - - _ ~ 1 lLOVember 17._ 2003,_ Arakaki X Effective: Published: N~pvembe 30, 00~ ~ _ HI Isefiuhl--~'_~ ~ - R@'M.4Rti'S': Jacobson - - X - - ~ - - - - - Rcvnolds X - _ ~ - - _ _ _ Salaiik X Iulang X _ _ Tylu X 9 0 0 - l DO HF,'REBY CER77PYthat the fa~egoing BILL eras adopted ht~ Ike C'oturtr C'ot~ncil ptthlished as Ardicated above. APPROVED AS TO FORM AND LEGALITY: i ~ ~ cf~.v , aN DEPUTY RPORATION COUNSEL COUNTY'OF HAWAII ~ - COUNTY CLFRh~ Date 102 (Draft 2) Bill Na. ~q.. C-223.9!FC- 191 Apprrrrc~ Di.vnpproved tkis' c(ur Reference: _ o/ IvOJPMnIoPiY . '0 0 3 Ord No.: _ 0~4$_. _