HomeMy WebLinkAboutBIL 019 Draft 01 2006-2008 MZY Or N,~
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COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. i9
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. Chapter 2, article 42, section 2-214, Hawaii County Code 1983 (2005 Edition,
as amended) 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;
(4) Grants and private contributions intended for the purposes of this article; and
(5) Two percent of Hawaii County real property tax revenues collected
annually (including penalties). The deposit of these revenues into the fund shall
occur twice each near in coordination with the collection of real property tax
payments The first deposit into the fund shall occur on March 7 2007, and shall be
calculated based on all real property tax revenues (including penalties and interest)
collected between November 8 2006 and February 28 2007 The second deposit
into the fund shall occur on September 7 2007 and shall be calculated based on all
real property tax revenues (includingpenalties and interest) collected between
March 1 2007 and Aueust 31 2007 This deposit schedule shall continue with
deposits bei~ calculated based on real property tax revenues (including penalties
and interest) collected in the six-month periods preceding March 1st and
September 1st of each year and shall be deposited on March 7th and September 7th
of each year respectivel~Al1 dates may be adjusted to the next followine day of
business should said dates fall on a weekend or holiday. In addition, the Treasurer
shall invest all monies deposited into the fund in a conservative interest-bearing
account or accounts that allow monies to be available for property acquisition and
prevent any erosion of the fund's principal amount.
(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 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 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 replaced is bracketed and stricken. 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:
CO~ B R, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REi•t_CcNCF: Comm. 63
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