HomeMy WebLinkAboutORD 1996-002 1994-1996 COUl~TT~ OF hi~VV~.I ~~~T~ O~ I-I~dVAII
~IIdI~ NO. 10 5
OI~,DINANC~ NO. ~
AN ORDINANCE AMENDING CHAPTER 2, HAWAII COUNTY CODE, 1983 BY ADDING
A NEW ARTICLE TO PROVIDE FOR THE ESTABLISHMENT OF A GEOTHERMAL
RELOCATION PROGRAM AND GEOTHERMAL ROYALTY FUND.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter of the Hawaii County Code 1983, is
amended by adding a new article to be appropriately designated
and to read as follows:
"Article Geothermal Relocation Program
Section 2-- The planning department is hereby
authorized to establish a geothermal relocation program for the
relocation of owner-occupants residing near the Puna Geothermal
Venture's plant and who want to be permanently relocated.
Section 2- Purchase and sale of affected
properties. Notwithstanding any other provision of this code,
the planning director is hereby authorized to purchase the
affected properties by negotiation for not more than 130°s of
the assessed value, as determined by the Real Property Tax
Division of the Department of Finance and dispose of the
affected properties by public auction or pursuant to Article 19
of Chapter 2, with the exception of the requirement for Council
Resolution found in Section 2-111(a).
Section 2~ Creation of fund. Pursuant to
section 10-12 of the Hawaii County Charter, a special fund to
be known as the Geothermal Royalty Fund is hereby created.
Section 2- Funding. The geothermal relocation
program shall be funded by proceeds from the following sources:
(a) Geothermal royalties received from the
Department of Land and Natural Resources.
(b) Proceeds from the sale of properties purchased
under this program.
(c) Rental fees from any of the properties purchased
under this program.
Section 2- Expenditures from fund. The proceeds
from the fund shall be used for the necessary expenses in
administering and carrying out the purposes of the geothermal
relocation program. Expenditures relating to the geothermal
relocation program include, but are not limited to:
(a) The costs of any necessary appraisals required
under this program.
(b) The payment of necessary fees and expenses.
(c) The costs for the purchase of an affected
dwelling and property in accordance with this chapter, if
necessary; and
(d) The costs necessary to dispose of or rent
affected dwelling and property .
Section 2- The planning director is authorized to
promulgate rules and regulations for implementation of the
relocation program."
SECTION 2. Severability. 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 severable.
SECTION 3. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
i
t
O L ME ER, C UNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: December 15, 1995
Date of 1st Reading: Dec~nber 15, 1995
Date of 2nd Reading: January 3, 1996
Effective Date: January 12, 1996
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'_"'~"='C :.^-,TION COUNSEL
C~`~ OF HAWAII
`a~
Date ------1- .
OFFICE OF THE COUIeT`I`Y CLERK
County of Hawaii
Hilo .Ha~~~~,'j~
'96 JAN 12 P~1 1 53
G Fi l~r~ LL VOTE
C 0 if ~d T Y O F H A'~1 BYES NOES ABS Ex
Introduced $y: James Y . Arakaki ~,i
Date Introduced: December 15 , 1995 X
Bonk-Abramson X
First Reading: December 15, 1995
December 22, 1995 X
Published: De Lima X
REMARKS: Domingo
Qsorio
Rath X
~Y X
Smith X
8 1 0 0
ROLL Ct1LL VOTE
Second Reading: January 3 , 199 6 AYES N®ES ABS EX
To Mayor: January 4 , 1996
Returned: January 12, 1995 x
Effective: January 12 , 19 9 6 Bonk-Abramson X
Published January 2 4, 19 9 6 Childs X
De Lima x
REMARKS: Domingo X
Osorio x
Rath X
Ray x
Smith x
8 1 0 0
I DO HEREBY CERTIFY that the foregoing BILL aoas adopted by the County Council and published as
eradicated above.
COLINCiL CIIAIRibIAN
COI,iNY'Y CLERK
Appro ed/ d this f~` dcay
of 19
COLIl1i'TY O IIA All Bill No.: 105
Reference: C-503/FC-183
Ord. No.: