HomeMy WebLinkAboutORD 2008-037 2006-2008 „~v or
COUNTY OF HAWAII STATE OF HAWAII
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08 ;j7 BILL NO. zzs
ORDINANCE NO. (>~tt 3)
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 Community Benefits Program.
Section 2-177. Establishment.
The planning department is hereby authorized to establish a geothermal
relocation and community benefits program for the relocation ofowner-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, includine, but not limited to, road improvements, water
infrastructure development, land acquisition, narks and recreational facility needs,
civil defense and mass transit imnrovements.
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 geothermal relocation and community benefits
[rt~elv~i~g] fund.
Pursuant to section 10-12, Hawaii County Charter, [a] the special
fund [te-be] known as the geothermal relocation revolving fund is
hereby [c-rested] renamed the eeothermal relocation and community benefits fund.
This fund shall be administered by the planning department. [Pt+~~~eds-resei~ed
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Section 2-180. Funding.
The geothermal relocation and community benefits program shall be
funded by proceeds from the following sources:
[(a3] ~ Geothermal royalties received from the department of land and natural
resources.
[(kj] f 2~ Proceeds from the sale of properties purchased under this program.
[(~j] ~ 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 cazrying 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 geothermal relocation.
Expenditures relating to the geothermal relocation and community benefits
program include, but are not limited to:
[¢aj] ~ The costs of any necessazy appraisals required under this program;
~ The payment of necessary fees and expenses;
[(e}] ~ The costs for the purchase of an affected dwelling and property in accordance
with this chapter, if necessary; [axd]
[(-d~] ~ The costs necessary to dispose of or rent affected dwelling and property[.] ;
and
Expenditures for public purposes includine road improvement, water
infrastructure, land acquisition, parks and recreational facility needs, civil
defense, and mass transit improvements.
Funds shall be expended in Lower Puna, which is defined as extending
from Hawaiian Paradise Pazk subdivision to Kalapana and including
Orchidland Estates, Ainaloa, Hawaiian Beaches, Hawaiian Shores,
Kapoho, Pahoa, Nanawale, Leilani Estates, and other communities
proximate to Pahoa.
B~ 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.
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.
2
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL EMBER, COUNTY OF HAWAII
H~1o , Hawaii
Date of Introduction: February 21, 2008
Date of 1st Reading: February 21, 2008
Date of 2nd Reading: March 25, 2008
Effective Date: April 11, 2008
Cc7-.FE~~LIvCc': Comm. g43_,_„r,7 i„
3
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo. Hawaii
(Draft 2) t'~%.~.... L..
Introduced By: Emily Naeole ROLL CALL VOTE
Date Introduced: February 21, 2008 ABS EX
.
First Reading: February 21, 2008 Ford rYY~•,
Published: March 1, 2008 Higa ~IlpCif'~ - -'~'/%tl~l
Hoffmann X
REMARKS: Ikeda X
Amended to Draft 3 and held over pursuant Jacobson X
to Council Rule 25 (e) - March 12, 2008 Naeole X
Pilago X
Yagong X
Yoshimoto X
8 0 1 0
Second Reading: March 25, 2008
To Mayor: April 3, 2008 ROLL CALL VOTE
Returned: April 11, 2008 AYES NOES ABS EX
Effective: April 11, 2008 Ford X
Published: April 19, 2008 Higa X
Hoffmann X
REMARKS: Ikeda X
Jacobson X
Naeole X
Pilago X
Yagong X
Yoshimoto X
9 0 0 0
/ DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above. -
APPROVED AS TO J _ " 1
FORM AND LEGALITY:
~ CO(JAt CHAT N
DEP~OR RATION COUNSEL ~
COUNTY OF HAWAII
COUNTY ERK
Date ~/~y /ti,~
225 (Draft 3)
Bill No.:
}C- C-943.7/FC-238
Approved/ isapproved[his day Reference:
Ord No.: d8
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