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Home My WebLink AboutORD 2008-159 2006-2008 Part 1COUNTY OF HAWAII STATE OF HAWAII BILL NO. 369 ORDINANCE NO. O~ 159 AN ORDINANCE ADOPTING THE COUNTY OF HAWAII SOUTH KOHALA COMMUNITY DEVELOPMENT PLAN. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this ordinance is to adopt the South Kohala Community Development Plan (attached hereto as Appendix A) pursuant to the County of Hawaii General Plan. Section 15.1 (February 2005 as amended). SECTION 2. Adoption. Chapter 16, section 16-2, Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 16-2. Adoption of community development plans. The community development plans listed below are adopted and incorporated by reference. A copy of the plans and amendments shall be available for public inspection at the Planning Department. SOUTH KOHALA. The document identified as "South Kohala Community Development Plan" is adopted by reference subject to later amendments by ordinance, and maybe cited as the "South Kohala CDP." The plannine area for the South Kohala CDP encompasses the judicial district of South Kohala. SECTION 3. Severence. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not be included. SECTION 5. Effective Date. This ordinance shall take effect upon its approval. INTRODUCED COUNCIL MEM$ER, COUNTY QF/HAWAI`I &ona , Hawaii Date of Introduction: October 22, 2008 Date oflstReading: October 22, 2008 Date of 2nd Reading: November 7, 2008 Effective Date: November 20, 2008 REFERENCES Cortrq. 147,x,,,, ~~~ 2 COUNTY OF HAWAII STATE OF HAWAII $II,I, NO. 368 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR OF THE COUNTY OF HAWAII TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR A STATE WATER POLLUTION CONTROL REVOLVING FUND LOAN FOR WASTEWATER PUBLIC IMPROVEMENT PROJECTS; AND AUTHORIZING THE ISSUANCE OF $1,000,000 GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAII FOR THE PURPOSE OF FINANCING QUALIFIED WASTEWATER PUBLIC IMPROVEMENTS OF THE COUNTY OF HAWAII BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Request for Loan. The County of Hawaii, pursuant to Section 342D- 54, Hawaii Revised Statutes, will be submitting an application for a State Water Pollution Control Revolving Fund Loan (SRF Loan) to the Director of the Department of Health, State of Hawaii, to finance the construction of the wastewater project listed in "Exhibit A". Under the terms and conditions anticipated with regard to such SRF loan, the County shall repay, over a term of twenty years, the principal amount, which shall not exceed $1,000,000, at a fixed rate of interest which shall not exceed the Bond Buyer's 20-year general obligation bond issue. SECTION 2. Authorization of Mayor. The Council hereby authorizes the Mayor to execute all necessary intergovernmental agreements and documents between the State of Hawaii and the County of Hawaii, relating to the SRF to finance the construction of the wastewater project listed in "Exhibit A". SECTION 3. Pledge of the County's full faith and credit. The County also pledges its full faith and credit including but not limited to the County's general taxing power, as security for repayment of the loan, payment of interest, payment of any loan fees, and including a covenant to exercise the County's authority as needed. The principal and interest payments, and any loan fee payments, shall be a first charge on the General Fund of the County. SECTION 4. Effective Date. This Ordinance shall take effect upon its approval. Introduced By: Uv`-~ COUNCIL MEMBE O T OF HAWAII ,Hawaii Date of Introduction: Date of 1ST Reading: Date of 2~d Reading: Effective Date: ~LFEF;ENCE, 1455 EXHIBIT A WASTEWATER PUBLIC IMPROVEMENT PROJECT (SRF FUNDED) Project Department of Environmental Management: Amount Komohana Heights Large Capacity Cesspool Replacement $9,000,000 OFFICE OF THE COUNTY CLERK County of Hawaii Kona, Hawaii Introduced By: K. Angel Pi]:ago __ Datelntroduced: October 22, 2008 PirstReading: October 22, 2008 Published: N/A 2E1v1A2KS: ScaaidReading: November 7, 2008 'fu Mayor: November 18, 2008 Retumcd: _November 20, 2008 L[Rbaive: November 20, 2008 Published: December -- 1, 2008 Rial la Rrt.S 1 i?O ~==,=EREBY CERTIFY that the foregoing BILL was uacr'ic:rred above. p,i~PRt;';;F[; AS TO FOP.ItR A. LEGALIT DEPUTY CO, PORATION COU I"'EL COUNTY OF HAWAII Date NOV 1 9 2008 .9ppro i Disapproved this ~~ ___ ifai+ of ~OY , 70 4 ~ __. i ,L%A ' ~R, C FHAWAI'1 . - _,: Rd2~f+~}`~- VO"f ! AYES NOES : r r A ~ EX Ford ~ X.^,~ : ~tirr~ _ ~jt.~ Higa X ~ ri"=,t~~t:;i! Hoffmann X Ikeda X Jacobson X Naeole X i Pilago X Yagong X Yoshimoto X 9 0 0 0 ROLL CALL VOTE ~ I AYES NOES ABS E~ Ford X Higa Hoffinann X X ~ ~ Ikeda X ~ __ I ~ Jacobson X ~ Naeole X -) -1 Pilago X _~ Yagong X Yoshimoto X - ~ ---- - Reference: C-14701 PC-?6 Ord No.: Qp 159 369; Bill No.: Ordinances Numbered 08-155, 08-156, 08-157, OS-158, 08-159, OS-160, OS-161, & OS-162 I hereby certify that the following Ordinances passed second and fmal reading at the meeting of the County . Council on November 7, 2008, by vote, as listed below: Ordinance OB-155 (Bill 148, Draft 3) (2004-2006): An Ordinance Amending Chapter 25 (Zoning Code) of the Hawaii County Code, Rela[ed to Agricultural Tourism. AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 8; NOES: None; ABSENT: Council Member Higa- I; EXCUSED: None. Ordinance OS-156 (Bill 323, Draft 3): An Ordinance Amending Chapter 19, Article 7, Sections 19-53, 19- 58.1 and 19-58.2, Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Real Property Taxes= Nonspeculative Residential Use. AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yoshimoto, and Chair Hoffmann - 7; NOES: Council Member Yagong-l; ABSENT: Council Member Higa- 1; EXCUSED: None. Ordinance OS-157 (Bi11366, Draft 2): An Ordinance Amending Chapter 2 of the Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Parity Liens. AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 8; NOES: None; ABSENT: Council Member Higa- 1; EXCUSED: None. Ordinance OS-158 (Bi11367): An Ordinance Amending Ordinance No. 08-79, as Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 2008 to June 30, 2009. AYES: Council Members Ford, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 8; NOES: None; ABSENT: Council Member Higa- !; EXCUSED: None. Ordinance 08-159 (Bill 369): An Ordinance Adopting the County of Hawai' i South Kohala Community Det•elopment Plan. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 08.160 (Bill 370): An Ordinance Amending Section 25-8-21 (Laupahoehoe=Ninole Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Single Family Residential - 15,000 Square Feet (RS-IS) to Single Family Residential - 10,000 Square Feet (RS-10) at Manowaiopae, North Hilo, Hawaii Covered by Tax Map Key 3-6-008:002. AYES: Council Members Ford, Higa, Jkeda,lacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. Ordinance 08-161 (Bill 371): An Ordinance to Amend Ordinance No. 08-78, as Amended, the Operating Budget for the County of Hawaii for the Fiscal Year Ending June 30, 2009. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann - 9; NOES: None; ABSENT: None; EXCUSED: None. ' Ordinance 08-162 (Bill 372, Draft 2): To Amend Ordinance No. OI-I 18 of the County of Hawaii , Relating to Certain Matters Concerning [he County's Outstanding Improvement District No. 17, Kaloko Subdivision, 2001 Special Assessment Refunding Bonds. AYES: Council Members Ford, Higa, Ikeda, Jacobson, Naeole, Pilago, Yagong, Yoshimoto, and Chair Hoffmann -9; NOES: None; ABSENT: None; EXCUSED: None. ' l~ ,~'~Casey Jarman" County Clerk (Hawai`i Tribune-Herald - December I, 2008) (West Hawaii Today - December I, 2008) ' Nate: The original Digest/Affidavit is attached to Ordinance 08-155.