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HomeMy WebLinkAboutRES 685 Draft 01 2006-2008~p~w Of N1 COUNTY OF HAWAI~'I '-~~ ~ .`~ STATE OF HAWAII r ,~._ ~~f,t1i,~~.f1 RESOLIJTION NO. X85 4'8 RESOLUTION DIRECTING THE CLERK OF THE COUNTY OF HAWAII TO TAKE NECESSARY ACTION TO PLACE THE CHARTER AMENDMENT PROPOSED BY ORllINANCE N0.08-82 ON THE 2008 GENERAL ELECTION BALLOT. WHEREAS, article XV of the Hawaii County Charter governs Charter amendments and revisions; and WHEREAS, the requirements for amending the Charter by ordinance are set out in sections 15-1 and 15-2 of the Hawaii County Charter; and WHEREAS, section 15-1 requires that an ordinance proposing a Charter amendment be adopted after three readings on separate days and passed by the affirmative vote oftwo-thirds of the entire membership of the Hawaii County Council; and WHERF,AS, section 15-2 requires that upon adoption of such an ordinance the Council shall by resolution provide that the proposed amendment be submitted to the electors of the County for approval at the next general election and that the resolution shall provide for the publication of the full text of the proposed amendments in at least two daily newspapers of general circulation in the County at least forty-five days prior to submission to the electors of the County; and WHEREAS, section 11-119(b) Hawaii Revised Statutes requires that questions and issues which are to be placed on the general election ballot be submitted to the Chief Election Ufticer of the State of Hawaii not later than 4:30 p.m. on the sixtieth calendar day prior to the election; and WHEREAS, the next general election will be held on November 4, 2008; and WHEREAS, Ordinance No. 08-82 which proposes an amendment to article XIII, of the Hawaii County Charter 2000 (2006 Edition), General Provisions, by clarifying language regarding civil fines and increasing the maximum monetary penalty for criminal fines was adopted after three readings on the following dates by the following votes: Reading First Reading Second Reading Third Reading Date March 25, 2008 April 9, 2008 April 22, 2008 Votes 9 ayes, 0 noes 8 ayes, 1 absent 9 ayes, 0 noes WHEREAS, September 5, 2008, is the sixtieth calendar day prior to the next scheduled general election; and WIiEREAS, September 20, 2008, is the forty-Iifth :lay prior to the next scheduled general election; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it hereby directs the County Clerk of the County of Hawaii to take all necessary steps provided for in all applicable provisions of the Hawaii County Charter and the Hawaii Revised Statutes within the prescribed time limits for placing the Charter amendment proposed by Ordinance No. 08-82 on the 2008 General Election ballot for approval by the voters of the County. BE I'T FURTHER RESOLVED that those actions include but are not limited to submission of the ballot question to Kevin B. Cronin, Chief Election Officer of the State of Iiawai`i prior to 4:30 p.m., September 5, 2008, pursuant to section 11-119(b) Hawaii Revised Statutes and publication of the full text ofthe Charter amendment proposed by Ordinance No. 08-82 in the Hawaii Tribune Herald and the West Hawaii Today, two newspapers of general circulation in the County, prior to September 20, 2008, the forty-fifth day prior to the 2008 General Election pursuant to section 15-2 of the Hawaii County Charter. BE IT FINALLY RESOLVED that certified copies of this resolution be sent to Kevin B. Cronin. Chief Election Officer of the State of Hawaii and Casey Jarman, County Clerk for the County of Hawaii. Dated at Kona , Hawaii, this 23rd day of July _, 2008. INTRODUCED BY: COUNCII: ME ~ 1=?R, GOUN~TY OF HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawaii i hereby certify that the foregoing RESOLUTION was by ihr note indicated to the right hereof adopted by the COUNCIL of the t'oun,yofllawai`ion Jules 23, 2008 A"I'i'L;ST f (~'O~: T r CL.:ERK CLIAI(~MAA1- t'R , .TbIN~.C`i "IC`'E°ft _ ~- ROLL, CALL VOTE AYES NOES ABS LX ~ -~ FORD X ~ i --~ ------- HIGA __-__. X -- -+ ~ ---- I ~ HOFFMANN _ ~ X ~ _- -_ IKEDA X _-~ JACOBSON _-- X J ---- NAEOLE - _ X - - ------1-.---; PILAGO X ~ YAGONG X - -~ - -----_ ~ YOSHIMOTU X , _ .- ------ --~ i .. _ --_~ _ _ ~ -_ .- - --- - --- L- $ 0 ._~ _ 1._~ ~__.' Reference: ___C-12941PWIRC-88 -- - IZi;SOLUI(:iN N(~ ~~~ Q8 -,