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COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 19
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. 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 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 vear in coordination with the
collection of real pronerty tax payments commencin og n July 1, 2007.
(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 2. Chapter 2, article 42, section 2-218, Hawaii County Code 1983 (2005
Edition, as amended) is amended to read as follows:
"Section 2-218. Prioritized list of qualifying lands worthy of preservation.
(a) The prioritized list developed by the commission shall be submitted to the mayor
for comments and recommendation. Within sixty days after receipt, the mayor
will submit the list to the council with comments and recommendations. The
council shall, by resolution, select the land or lands to be preserved. Under no
circumstances shall the purchase price paid for a property exceed the appraised
value as prepared by an independent appraiser engaged by the County. Where
there are multiple lands under consideration at any one time, priority shall be
given to coastal lands and lands where matching funding is available to leverage
the County contribution.
(b) Negotiations for acquisition of lands to be preserved shall occur between the
County and the seller or its commissioned agent, or a licensed broker only. The
commission shall have no role in the negotiations other than in its advisory
capacity.
(c) Appraisals, title reports, surveying and other costs incidental to the acquisition of
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land shall be permitted uses of this fund. [~~tio~s.>~~~~-.oea«~ ~n~~--,
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(d) Adequate staff to carry out the provisions of this article and to manage the land
acquired shall be provided in the department of finance to maximize the use of
available funds by minimizing the payment of commission to outside agents to
put together funding plans and to ensure that the County is a good steward of any
land that comes under its control through this article."
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 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.
INT ODUCED BY:
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COUNCIL MEM Y OF HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
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REftR[NCf: Comm. 63.1