HomeMy WebLinkAboutBIL 270 Draft 04 2002-2004OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo , Hawaii
MPAPT 4)
Introduced By: Gary Safarik
Date Introduced: June 2, 2004
First Reading: Jung 2, 2004
Published: n/a
REMARKS.- June 2, 2004 — Close File;
due to lack of 2/3 vote
Second Reading:
To Mayor:
Returned:
Effective:
Published:
REMARKS:
ROLL CALL VOTE
AYES
NOES
ABS
EX
Arakaki
X
Chung
X
Elarionoff
X
Holschuh
X
Jacobson
X
Reynolds
X
Safarik
X
Tulang
X
Tyler
X
5
4
0
0
ROLL CALL VOTE
AYES
NOES
ABS
EX
Arakaki
Chung
Elarionoff
Holschuh
Jacobson
Reynolds
Safarik
Tulang
Tyler
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated
above.
APPROVED AS TO
FORM AND LEGALITY:
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII
Date
Approved/Disapproved this
Of
MAYOR, COUNTY OF HAWAII
20
COUNCIL CHAIRMAN
COUNTY CLERK
Bill No.:
day Reference:
Ord:
Hawai `i County is an Equal Opportunity Provider and Employer
270 (Draft 4)
C-620.39/FC-261
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 270
(Draft 4)
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 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;
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 anew 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. Public Access, Open Space, and Natural Resources Preservation Fund.
(a) 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 two percent (2%) 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 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:
(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 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.
Preservation of traditional recreational activities, including hunting and fishinp_
(b) 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 partfor the
purpose enumerated above and for the moment of costs associated with the purchase, redemption or
refunding of such bonds.
(c) At any given time no more than five percent (5%) of this fund shall be used for
administrative expenses.
(d) Any 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.
(e) 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
encumbered except that appropriations to the fund established by Section 10-12.2 shall not lapse, but shall
remain in the fund, accumulating from 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.
, Hawai`i
Date of Introduction:
Date of I" Reading:
Date of 2"d Reading:
Date of 3`d Reading:
Effective Date
REFERENCE: COMM.
620.41
2