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Home My WebLink AboutBIL 270 Draft 03 2002-2004COUNTY OF HAWAII STATE OF HAWAII BILL NO. 270 (Draft 3) ORDINANCE NO. AN ORDINANCE TO INITIATE A CHARTER AMENDMENT TO THE HAWAII COUNTY CHARTER (2000), RELATING TO PUBLIC ACCESS, OPEN SPACE, NATURAL RESOURCES PRESERVATION FUND. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`1 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; and preservation of traditional recreational activities, including hunting and fishing. 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. revenues to a fund known as the Public Access Open Space and Natural Resources Preservation Fund, provided that the Council may reduce such appropriation below one-half percent (0.5%) if at any time during the fiscal year the Mayor reports a deficit pursuant to section 10-9 This fund shall be utilized for purchasing or otherwise acquiring lands or property entitlements and improvements in the County of Hawaii for the following purposes: I 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 agricultural lands. 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 Acquiring disabled and public access to public land and open space. 9 Preservation of traditional recreational activities including hunting and fishing. Section 10-12 3 The monies in this fund may also be used for the payment of interest principal and premium if any, due with respect to bonds issued pursuant to this Charter, in whole or in part, for the purpose enumerated above and for the ayment of costs associated with the purchase, redemption or refunding of such bonds. Section 10-12 4 At any given time no more than five percent (5%) of this fund shall be used for administrative expenses. Section 10-12.5. Any balance remaining in this fund at the end of any fiscal year shall not lapse, but shall remain in the fund accumulatingfrom 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 communityput 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 encumbered except that appropriations to the fund established by Section 10-12.2 shall not lapse, but shall remain in the fund accumulatingfrom rom year 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. BY: s9 QA COUNCIL NUMI R, COUNT 1OF HAWAI`I Hi10_, Hawaii Date of Introduction:June 2, 2004 Date of I" Reading: June 2, 2004 Date of 2°d Reading: Date of P Reading: Effective Date: REFERENCE: COMM. 620.39 2