HomeMy WebLinkAboutBIL 351 Draft 01 2002-2004OFFICE INFORMATION ONLY
Meeting: Public Works and Intergovernmental Relations Committee— November 9, 2004
action: Deferred (to new Council); never taken up again.
Re: Bill 351; Comm. 806 (2002-2004 term)
COUNTY OF HAWAII STATE OF HAWAII
BILL NO.- 351
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 30, SECTION 2-162.1(b), HAWAI'I
COUNTY CODE 1983 (1995 EDITION), RELATING TO GIFTS AND DONATIONS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this bill is to correct an inconsistency in the
current code provision. Section 2-161.1(b) requires that the dedication of roads and/or
other infrastructure required as part of land use approvals shall be transmitted by
resolution to the council using the procedure set forth in Section 2-162.2. However
Section 2-162.2 of the code provides that it is applicable only to a gift or donation of that
property which is not derived from a community benefit assessment or condition of land
use approval. This bill deletes the reference to Section 2-162.2 when processing
dedications pursuant to community benefit assessments or land use approvals.
SECTION 2. Chapter 2, article 30, section 2-162.1(b), Hawai'i County Code 1983
(1995 Edition), is amended to read as follows:
(b) The dedication of roads and/or other infrastructure required as part
of land use approvals shall be transmitted by resolution to the
council [ ], together
with appropriate documentation, provided the department(s) or
agency(ies) having oversight and maintenance of the infrastructure
to be dedicated has been consulted, performed all necessary
inspections, and recommends approval pursuant to the Hawai'i
County Code.
SECTION 3. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material and
underscoring need not be included.
SECTION 4. Severability. If any provision of this ordinance, or the application
thereof to any person or circumstance, is held invalid, such invalidity shall 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 5. This ordinance shall take effect upon its approval.
INTRODUCED Y:
COUNCIL MEMBE , COUNTY OF HAWAII
, Hawai'i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
k r 1,_ " : Corr.m. 806