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HomeMy WebLinkAboutCOM 0261.003 2006-2008 VV Os M BOB JACOBSON ~ ~ ~ ,33 ~ia~~, Acenue. s~~,nd ri„ ~,r 13en PrmAlin Buildin_. Hiles Ha~cm'i J672U Councilmember MaiLne Address- 2~ Aupum Slrcet Suite 200 Chair, Environmental Mmiagement Committee K•4„ ' ~J• Yhnne~ (808) 9G1-8263 If OI~MI~ Vice-Chair, Finance Committee - Fas fR0 81 96 1-89 L2 ti-Mail Dacn.nco]:a~~uiihi.us HAWAII COUNTY COUNCIL ('onnh' of'Haircu'i I MEMORANDUM , Apri125, 2007 s To: Pete Hoffmann, Council Chair and Members of the Councfl From: Bob Jacobson, Council Member ,p/'/ District 6 ~ Re: Proposed amendments to Resolution 109-07 I am writing now to let you know of my intention to amend resolution 109-07, on the floor, on Wednesday, May 2, 2007, by making grammatical corrections and changing the date from 2005 to 2007. Please feel free to contact me if you have any questions or concerns. Mahalo BJ/bl Encl. Gomm. No. 2~p .3 Ref. To: ~resea+tw_' District ! ~ Uppar Puna, Ka`e7, and SouU~ Knnn Ref, Uate ~IAY O 2 ZO~~ Hmrni `i Counq• Is An ERunl Opportunit}' Prorider Ant! Emplrry•er ~tv w." :;4 COUNTY OF HAWAII STATE OF HAWAII CM.;,\ •••~~O,.M'~ RESOLUTION NO. RESOLUTION TO MODIFY THE SPECIAL FUEL TAX PROGRAM WHEREAS, the provisions of Section 243-5, Hawaii Revised Statutes, enable, empower, and authorize the Council of the County of Hawaii to determine the amount of the county fuel tax; and WHEREAS, it is provided in said section that the amount of the county fuel tax shall be determined by resolution to be adopted by the Council in the manner provided by law, relating to resolutions involving the expenditure of money, and the amount so fixed may be, per gallon, one or more cents or a fraction of a cent or both, or zero; and WHEREAS, the said section further provides that no such resolution shall be adopted until the Council shall conduct a public hearing on the amount of the proposed fuel tax after a notice of such hearing shall have been published in a newspaper of general circulation within the county at least twice during a period of thirty days immediately preceding the date of such a hearing; and WHEREAS, Council, after considering the need to promote the production and use of alternative fuels in Hawaii, believes the existing county fuel tax imposed upon the sale or use of biodiesel fuel set at $0.022 cents per gallon by Act 96 passed in the 2004 state legislative session, should be set at zero ($0.0); and WHEREAS, it is anticipated that eliminating the county fuel tax on biodiesel fuels containing twenty (20) per cent or greater by volume of biodiesel will have a limited impact on highway fund revenues annually. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it does hereby fix, determine and set the amount of the County of Hawaii fuel tax at zero ($0.0) cents for biodiesel fuels containing twenty (20) percent or greater by volume of bio diesel. BE IT FURTHER RESOLVED that the fuel tax rates established herein shall be levied and collected by the Department of Taxation of the State of Hawaii, in accordance with law. BE IT FURTHER RESOLVED that if any provisions of this resolution or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this resolution which can be given effect without the invalid provision or application, and to this end the provisions of this resolution are declared to be severable. BE IT FURTHER RESOLVED that the County Clerk is hereby directed to transmit this resolution to the Mayor for the Mayor's decision in the same manner as provided for bills in Section 3-10 of the Hawaii County Charter; provided that the effective date of this resolution shall be as prescribed by HRS Section 243-5 which is: "If such resolution is adopted, it shall take effect on the first day of the second month following the date of the adoption of the resolution." BE IT FINALLY RESOLVED that the County Clerk is hereby instructed and directed to send a copy of this resolution within ten days of when it was adopted as provided by law to the State Director of Taxation and State Director of Finance. Dated at ,Hawaii, this day of , 2007. INTRODUCED B/R BY: COUNCIL EM ER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii FORD HIGA I hereby certify that the foregoing RESOLUTION was by HOFFMANN the vote indicated to the right hereof adopted by the COUNCIL of the IKEDA County of Hawaii on JACOBSON NAEOLE ATTEST: PILAGO YAGONG YOSHIMOTO Reference: COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO.