HomeMy WebLinkAboutBIL 225 Draft 02 2006-2008 COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. z2s
Draft 2
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 36, HAWAII COUNTY CODE
1983 (2005 EDITION, AS AMENDED), RENAMING AND REDEFINING THE
GEOTHERMAL RELOCATION PROGRAM TO THE GEOTHERMAL RELOCATION
AND COMMUNITY BENEFITS PROGRAM.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 2, Article 36, Hawaii County Code 1983 (2005 Edition, as
amended), is amended to read as follows:
"Article 36. Geothermal Relocation and CommunitXBenefits Program.
Section 2-177. Establishment.
The planning department is hereby authorized to establish a geothernal
relocation and community benefits program for the relocation of owner-occupants
residing near the Puna Geothermal Venture's plant and who want to be
permanently relocated and to fund expenditures for the benefit of Lower Puna, as
defined herein includin_Q but not limited to road improvements, water
infrastructure development land acquisition parks and recreational facility needs,
civil defense and mass transit improvements.
Section 2-178. Purchase and sale of affected properties,
Notwithstanding any other provision of this Code, the planning director is
hereby authorized to purchase the affected properties by negotiation for not more
than one hundred thirty percent of the assessed value, as determined by the real
property tax division of the department of finance and dispose of the affected
properties by public auction or pursuant to article 19 of chapter 2, with the
exception of the requirement for council resolution found in section
2-111 1 .
Section 2-179, Creation of neothermal relocation and community benefits
fund.
[r~sr
Pursuant to section 10-12, Hawaii County Charter, a special
fund [i~be] known as the geothermal relocation revolving fund is hereby renamed
the geothermal relocation and communit benefits fund. This fund
shall be administered by the planning department. [ n ~ "
Section 2-180. Funding.
The geothermal relocation and community benefits program shall be
funded by proceeds from the following sources:
[(aj] Geothermal royalties received from the department of land and natural
resources.
~ Proceeds from the sale of properties purchased under this program.
~ Rental fees from any of the properties purchased under this program.
Section 2-181. Expenditures from fund.
~ The proceeds from the fund shall be used for the necessary
expenses in administering and carrying out the purposes of the geothermal
relocation and community benefits program. A minimum balance of $1,000,000
shall be maintained in the fund for expenditures relating to eeothermal relocation.
Expenditures relating to the geothermal relocation and communitybenefits
program include, but are not limited to:
[(aj] ~ The costs of any necessary appraisals required under this program;
~ The payment of necessary fees and expenses;
[(r-,~] ~ The costs for the purchase of an affected dwelling and property in
accordance with this chapter, if necessary; [and]
[(dj] ~ The costs necessary to dispose of or rent affected dwelling and
property[-] Viand
Expenditures for public pumoses including road improvement, water
infrastructure land ac~uisition,parks and recreational facility needs,
civil defense and mass transit improvements.
(Al Funds shall be expended in Lower Puna which is defined as
extending from Hawaiian Paradise Park subdivision to Kalapana and
including Orchidland Estates Ainaloa Hawaiian Beaches, Hawaiian
Shores Kapoho Pahoa Nanawale Leilani Estates, and other
communitie~roximate to Pahoa
(Bl Expenditures under this subsection shall be made in accordance
with appropriations adopted by the Hawaii County Council after
receiving recommendations from the Planning Director.
Section 2-182. Promulgation authority.
The planning director is authorized to promulgate rules and regulations for
implementation of the relocation program."
SECTION 2. Severability. If any provision of this ordinance or the application thereof
to any person or circumstance, is held invalid, such invalidity shall 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 declared to be severable.
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SECTION 3. 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 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
. GI ,Nu-~1 ~1J
COUNCIL MBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFEfi?=tJC~: Comm. 943.,.,_,_..
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