HomeMy WebLinkAboutBIL 049 Draft 01 2008-2010COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 49
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 42, OF THE HAWAII COUNTY
CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PUBLIC ACCESS, OPEN
SPACE, AND NATURAL RESOURCES PRESERVATION FUND.
BE IT ORDAINED BY THE COUNCIL OF TI-IE COUNTY OF HAWAi`I:
SECTION 1. Purpose. Due to extreme economic necessity in light of the poor global
economic situation and projected down turn in real property tax revenues, it is necessary to
temporarily suspend allocation and deposits to the Public Access, Open Space and Natural
Resources Preservation Fund.
SECTION 2. Section 2-214, Hawaii County Code 1983 (2005 Edition, as amended), is
amended to read as follows:
Section 2-214. Public access, open space, and natural resources preservation
fund.
(a) A public access, open space, and natural resources preservation fund is
hereby established. This special fund shall be administered and managed
by the finance department. Monies deposited shall be invested in a
conservative interest-bearing account that will allow monies to be
available for property acquisition and prevent any erosion of the fund's
principal amount.
(b) The fund shall consist of monies from:
(1) The proceeds from the sale of any general obligation bonds,
authorized and issued for the purposes of this article;
(2) Council appropriations for the purposes of this article;
(3) Any source of revenue dedicated by the Hawaii County Charter or
the Hawaii County Code for the purposes of this article;
(4) Grants and private contributions intended for the purposes bf this
article;
(5) Two percent of Hawaii County real property tax revenues
collected annually (including penalties and interest). Deposits will
be made to the Fund on June 30, 2007 and then again on
December 31, 2007, and on December 31 and June 30, in
successive years, with deposits being calculated on all real
property tax payments (including penalties and interest) received in
the prior six months. Additional deposits and adjustments may be
made at the discretion of the Finance Director; [and]
(6) Monies from items numbered (1), (2), (3), and (4) above, shall be
deposited as received[.]
Notwithstanding (b)(5) of this section, for the period from
January 1, 2009 to June 30, 2011, no payments relating to this
section shall be allocated or deposited.
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[(d) ]~ .
The fund shall be used for acquiring lands or property entitlements
in the County of Hawaii for the following purposes:
(1) Public outdoor recreation and education, including access to
beaches and mountains;
(2) Preservation of historic or culturally important land areas and sites;
(3) Protection of natural resources, including buffer zones;
(4) Preservation of forests, beaches, coastal areas, natural beauty and
agricultural lands; and
(5) Protection of watershed lands to preserve water quality and water
supply.
SECTION 3. 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 4. 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 5. This ordinance shall take effect upon its approval and section 2-214(b)(7)
shall be repealed on July 1, 2011.
INTRODUCED BY:
COUNCIL MEMBERfCpijI`~T~~F HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Cprr~ni: 193