HomeMy WebLinkAboutORD 1997-069 1996-1998 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 62
Draft 4
ORDINANCE NO. 69
AN ORDINANCE AMENDING ORDINANCE NO. 96-68, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 1996, TO
JUNE 30, 1997.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 96-68, As Amended, Relating to Public Improvements and Financing
Thereof for the Fiscal Year July 1, 1996, to June 3Q 1997, is hereby amended by adding the following
project:
POST HARVEST TREATMENT FACILITY $2,000,000
(110-199-5199.04-115)
(May be applied to planning, environmental impact statement (EIS)
preparation, design, construction, crop and product development,
mazketing, promotion and related infrastructure)
SECTION 2. Funds for this project shall be provided from:
General Obligation Bonds and/or Other Sources $2,000,000
SECTION 3. This appropriation shall be conditioned upon the following:
(A) Any contracts related to the expenditure of these funds for this project shall be submitted to
the Council for its review and authorization prior to signing by the Mayor;
(B) An independent economic analysis of the post harvest treatment facility shall take place
prior to the expenditure of any other funds appropriated in this bill;
(C) The County shall not construct a post harvest treatment facility on ceded or Hawaiian
Homes lands;
(D) Money for construction and design shall not be released until a final environmental impact
statement required by Chapter 343, Hawaii Revised Statutes, is accepted;
(E) Contracts shall include a provision that the contractor hold harmless, indemnify and defend
the County, its officers, employees, representatives and agents, from and against any claim,
action, loss, damage, injury, liability, cost and expense of whatsoever kind or nature
(including, but not by way of limitation, attorney's fees and court costs) arising out of injury
to persons, including death, or damage to property, including any and all costs resulting
from environmental contamination, azising out of or incidental to any act or omission of the
contractor in the performance of its obligations and shall require the contractor to maintain
a liability insurance policy to cover operations and closure;
(F) The source material to be used for post harvest treatment at the facility shall be limited to
cobalt-60 or an electron machine source;
(G) The post harvest treatment facility shall not be constructed in a tsunami inundation area;
(H) The facility shall be designed and constructed in consultation with the US Geological
Survey-Hawaii Volcanoes Observatory to consider seismic activity and siting
recommendations in relation to other volcanic hazards; and
(I) An emergency response plan shall be prepared by the permittee in consultation with the
Hawaii County Civil Defense Agency, the State Depaztment of Health and other agencies
responsible for emergency response activities.
SECTION 4. In the event that any portion of this ordinance is declared invalid, such invalidity
shall not affect the other parts of this ordinance.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL EMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: May 7 , 1997
Date of 1st Reading: May 7, 1997
Date of 2nd Reading: May 20, 1997
Effective Date: June 2, 1997
2
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo ,Hawaii
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(DRAFT 2 )
E. c L T
Introduced By: John ~Y _ FS NOES ABS EX
Date [ntroduced: _ MaV 7, 1997 _ Arakaki Q~J~TY ~:JI- F~/1~
FirstReading: May 7, 1997 _ _ Chung _ X _ _
Published: May 15, 1997 _ _ Leithead-Todd X_ _
_ Ray g
REM,4RKS: Reynolds
Santangelo g
Smith _ X
Tyler X
Yagong X
7
(DRAFT 4
Second Reading: NIaV 20, 1997 ROLL CALL VOTE
To Mayor: May 27, 1997 AYES NOES ABS EX
Returned: June 3 1997 Arakaki X
Effective: June 2, 1997 Chung X
Published: June 11, 1997 Leithead-Todd g
Ray
REMARKS: Reynolds g
Santangelo
Smith g
- Tyler g
Yugong X _
- 7 2 0 0
DO HEREBY CERTIFY that the foregoing BILL was culopted by the County Council and published as
indicated above. A~~TR J~/~D A$ TO
f~~jVl AND L LITY:
4^~
CEPUTY CORPORATION COUNSEL ,
COUN~IY Of HAWAII
Dates
Approved/Dist~y~rw~ed this ~ -7 day UNC/L CHA/RMAN
COUNTY CLERK
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MA R, COUN7Y0 HAWA!/ Bill No.: 62 (Draft 4)
Reference: C-212/FC-70
Ord. Na: