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HomeMy WebLinkAboutRES 504 Draft 01 2006-2008 +tv os x c°~;y a COUNTY OF HAWAII .s~ STATE OF HAWAII pi~M~~ RESOLUTION NO. 504 08 RESOLUTION AUTHORIZING EXTENSION OF THE COUNTY OF HAWAII FUEL TAX 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 public money, and the amount so fixed maybe, 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 tax after a notice of such hearing shall have been published in a newspaper of general circulation within the county at ]east twice during a period of thirty days immediately preceding the date of such hearing; and WHEREAS, the existing Hawaii County fuel tax of eight and eight-tenths (8.8) cents has remained unchanged since 1988 to continue to June 30, 2008, and is the lowest in the state, as the County of Kauai fuel tax is thirteen (13) cents; the City and County of Honolulu fuel tax is sixteen and five-tenths (16.5) cents; and the County of Maui fuel tax is sixteen (16) cents per gallon; and WHEREAS, Hawaii County currently has the highest miles per employee ratio as it has 904 miles of roads, not counting 122 miles ofroads-in-limbo, and 136 employees, compared to Honolulu, which has 1,156 miles of road and 400 employees or the State of Hawaii, Big Island Division, which has 335 miles of road and 109 employees; and WHEREAS, the Council, after considering the various and numerous highway needs and improvements to be made within the county of Hawaii, believes that the county fuel tax should be extended until and unless otherwise provided by another resolution adopted as above provided; and WHEREAS, it is the intent of the Council that expenditures of revenues generated by three and eight-tenths (3.8) cents of the fuel tax be based upon the apportionment formula developed by the Department of Public Works and be used in accordance with highway improvement projects as appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that it does hereby fix, determine, and extend the amount of the County of Hawaii fuel tax to be levied and collected by the Department of Taxation of the State of Hawaii, in accordance with law, at eight and eight-tenths (8.8) cents per gallon for diesel on-highway and gasoline on-highway to be in effect until and unless otherwise provided by another resolution adopted as above provided. BE IT FURTHER RESOLVED that this resolution shall take effect on July 1, 2008. BE IT FURTHER RESOLVED that if any provisions of this resolution or the application thereof to any person or circumstances are 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 instructed and directed to send a copy of this resolution to the State Director of Taxation, State of Hawaii, Department of Taxation, P.O. Box 259 Honolulu, HI 96809 and to the State Director of Finance, State of Hawaii, Department of Budget and Finance, P.O. Box 150, Honolulu, HI 96810. Dated at ,Hawaii, this day of , 2008. INTRODUCED BY: R, 9 f~~~ ~r.... 1/" V° COUNCIL MEMBER, O ~ ~ AWAI`I COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Hilo, Hawaii AYES NOES ABS EX FORD I hereby certify that the foregoing RESOLUTION was by HIGH the vote indicated to the right hereof adopted by the HOFFMAN COUNCIL of the County of Hawaii on IKEDA JACOBSON ATTEST: NAOLE PILAGO YAGONG YOSHIMOTO Reference C-.950/Waived FC COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 504 OS