HomeMy WebLinkAboutBIL 270 Draft 02 2002-2004 COUNTY OF HAWAII STATE OF HAWAII
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BILL NO.
(Draft 2)
ORDINANCE NO.
AN ORDINANCE TO INITIATE A CHARTER AMENDMENT TO THE HAWAI`1 COUNTY CHARTER
(2000), RELATING TO PUBLIC ACCESS, OPEN SPACE, NATURAL RESOURCES PRESERVATION
FUND.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Intent and Purpose. The purpose of this charter amendment is to develop a funding
mechanism to be utilized for purchasing or otherwise acquiring lands or property entitlements for land
conservation; public outdoor recreation and education, including access to beaches and mountains; preservation
of historical or culturally important land areas and sites; protection of significant habitats or ecosystems,
including buffer zones; preserving forests, beaches, and coastal areas, protecting watershed lands to preserve
water quality and water supply; conserving land in order to reduce erosion, floods, landslides, and runoff;
improving disabled and public access to, and enjoyment of public lands and open space; acquiring disabled and
public access to public land and open space.
This measure proposes to set aside an established amount of real property tax revenues for the stated
purposes unless the County experiences a deficit during the fiscal year. A permanent funding source will help to
guarantee that certain identified lands and their resources will be protected and preserved through government
acquisition and improvements.
SECTION 2. Article X of the Hawaii County Charter relating to Financial Procedures, is hereby
amended by establishing a new fund.
"Section 10-12.1. Special Funds. Upon recommendation of the mayor, the council may by ordinance
abolish or establish such special funds as may be necessary for the proper and efficient segregation of
fiscal operations of the county.
Section 10 12 2 In adopting each fiscal year's budget and capital budget the council shall appropriate a
minimum of one half percent (0 5%) to a maximum of one percent (I of the certified real property
tax revenues to a fund known as the Public Access Open Space and Natural Resources Preservation
Fund provided that the Council may reduce such ap~opriation below one-half percent (0 5%) if at any
time durine the fiscal year the Mayor reports a deficit pursuant to section 10-9. This fund shall be
utilized for purchasine or otherwise acquiring lands or property entitlements and improvements m the
County of Hawaii for the followingpurposes:
1 Public outdoor recreation and education including access to beaches and mountains.
2 Preservation of historic or culturally important land areas and sites.
3 Protection of significant habitats or ecosystems including buffer zones.
4 Preserving forests beaches coastal areas and aQriculturallands.
5 Protecting watershed lands to preserve water quality and water supply.
6 Conserving land in order to reduce erosion floods landslides, and runoff.
7 Improving disabled and public access to and enjoyment of public land, and open
space.
8 Acq_uirin~disabled and public access to public land and open space
Section 10-12 3 The monies in this fund may also be used for th_~ayment of interest principal and
premium if any, due with respect to bonds issued pursuant to this Charter in whole or in part, for the
pur ose enumerated above and for the payment of costs associated with the purchase redemption or
refunding of such bonds.
Section 10 12 4 At a~ c iven time no more than five percent (5%1 of this fund shall be used for
administrative expenses.
Section 10 12 5 Anv balance remaining in this fund at the end of any fiscal year shall not lapse, but
shall remain in the fund accumulating from year to year The moneys in this fund shall not be used for
any purpose except those listed in this section.
Section 10 12 6 The Council shall by ordinance establish procedures for the administration and
priorities for the expenditure of moneys in this fund Such ordinance shall include the utilization of a
community based process that incorporates county-wide community input for the purpose of
establishing annual recommended priorities of lands or other property entitlements to be acquired for the
purposes described in Section 10-12.2.
SECTION 3. Article X, Section 10-10 of the Charter is hereby amended to read as follows:
Section 10-10. Lapse of Appropriations. General appropriations, except an appropriation for a capital
expenditure, shall lapse at the close of the fiscal year to the extent that the same has not been expended
or encwnbered except that appropriations to the fund established by Section 10-12.2 shall not lapse, but
shall remain in the fund accumulative from near to year. An appropriation for a capital expenditure
that is not encumbered shall lapse at the end of two fiscal years following the fiscal year that the
appropriation was made.
SECTION 4. Material to be deleted is bracketed. New material is underscored. In printing this
ordinance, the brackets, bracketed material, and underscoring need not be included.
SECTION 5. Upon adoption of this ordinance, this council, by appropriate resolution shall provide that
this amendment be submitted to the electorate of the county for approval at the next general election.
SECTION 6. If any provision of this ordinance, or the application thereof to any person or
circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance
which can be given effect without the invalid provision or application, and to this end, the provisions of this
ordinance are declared to be severable.
SECTION 7. This amendment shall take effect upon its approval by the voters.
INTRO D BY: `j/~
COUNCIL ME ER, COU TY OF HAWAI`1
Hawaii
Date of Introduction:
Date of Is' Reading:
Date of 2nd Reading:
Date of 3`d Reading:
Effective Date:
REFERENCE: COMM. 620.1
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