HomeMy WebLinkAboutBIL 315 Draft 02 2004-2006 fir or M
COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 315
DRAFT 2
ORDINANCE NO.
A BILL FOR AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 42, HAWAII
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE PUBLIC
ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this measure is two fold:
(1) It requires that two percent (2%) of the county of Hawai`i's real property tax
revenues including penalties collected annually be placed and appropriated in the
Public Access, Open Space, and Natural Resources Preservation Fund.
(2) It removes the current $5,000,000 balance ceiling, which would allow an
unlimited amount in the fund.
SECTION 2. Chapter 2, article 42, section 2-214, Hawaii County Code 1983 (2005
Edition) is amended to read as follows:
"Article 42. Public Access, Open Space, and Natural Resources Preservation Fund
Section 2-214. Public access, open space, and natural resources preservation fund.
(a) A public access, open space, and natural resources preservation fund is hereby
established. This special fund shall be administered and managed by the finance
department.
(b) The fund shall consist of monies from:
(1) The proceeds from the sale of any general obligation bonds, authorized and issued
for the purposes of this article;
(2) Council appropriations for the purposes of this article;
(3) Any source of revenue dedicated by the Hawaii County Charter or the Hawaii
County Code for the purposes of this article; [axd]
(4) Grants and private contributions intended for the purposes of this article
(5) Two percent (2%) of Hawaii County real property tax revenues collected
annuall~(includingpenalties).
(c) In adopting each fiscal year's operating budget, the council shall appropriate a minimum
of $250,000 to the public access, open space, and natural resources preservation fund.
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Nothing in this section shall prevent the council from appropriating amounts in
excess of the above minimum amounts to this fund.
(d) The fund shall be used for acquiring lands or property entitlements 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 natural resources, including buffer zones;
(4) Preservation of forests, beaches, coastal areas, natural beauty and agricultural
lands; and
(5) Protection of watershed lands to preserve water quality and water supply."
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not [effect] 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 4. Material to be repealed is bracketed. New material is underscored. In
printing this ordinance, the brackets, bracketed material, and underscoring need not be included.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
CIL BER, CO F HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCES Comm: 965.22