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HomeMy WebLinkAboutORD 2006-169 2004-2006 y,.ft or „ tl-~ ~ it COUNTY OF HAWAII STATE OF HAWAII r%a.•a:+ BILL NO. 353 ORDINANCE NO. 0'fi ~.~9 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. 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 depaztment. (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; (4) Grants and private contributions intended for the purposes of this article; and (5) Two percent (2%) of Hawaii County real property tax revenues collected annually (including penalties). (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. (1) 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 aurposes: (1) Public outdoor recreation and education includine access to beaches and mountains; (2) Preservation of historic or culturally important land azeas and sites; (3) Protection of natural resources including buffer zones; (4) Preservation of forests beaches coastal areas natural beauty and agricultural lands• and i5) Protection of watershed lands to preserve water quality and water suyulv." 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 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: Uw--~ COUN IL MEMBER, COUNTY O HAWAII Kona , Hawaii Date of Introduction: November 29, 2006 Date of 1st Reading: November 29, 2006 Date of 2nd Reading: December 20, 2006 Effective Date: December 26, 2006 R:. E:.~~:C~: Comm. 12,E Oi OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii Introduced By: Virginia Isbell ROLL CALL VOTE Date Introduced: November 29, 2006 AYES NOES X ~"n First Reading: November 29, 2006 Arakaki X . Published: N/A Higa X Hoffrnann X REMARKS: Holschuh X Ikeda X Isbell X Jacobson X Pilago X Safarik X 9 0 0 0 Second Reading: December 20, 2006 To Mayor: December 22 2006 ROLL CALL VOTE Returned: Decenber 27, 2006 AYES NOES ABS EX Effective: Decenber 26, 2006 Ford X Published: January 8, 2007 Higa X Hoffmann X REMARKS: Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 7 1 1 0 1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County C ncil publisl indicated above. \ APPROVED AS TO FO^RM~AND LEGALITY: ~ yV' r' COUNCIL CHALRMAN DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII CO11~V CL Date 12(2tnIU~O 363 Bill No.: +f~ C-1201/FC-Waived Approve Disapproved this day Reference: Ord No.: s 169 o VCCC~b+~ , 20 UU YOR, Y OF HAWAI `I