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MTV OF -
COUNTY OF HAWAIII STATE OF HAWAII
BILL NO. 49
(DRAFT 2 )
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 THE COUNTY OF HAWAII:
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: i
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 of 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[:], and
Notwithstanding (b)(5) of this section, for the period from July 1,
2009 to June 30, 2011, no payments relating to this section shall be
allocated or deposited, provided, however, that all payments
accrued through June 30, 2009 shall be allocated and deposited by
July 31, 2009.
[(E) in adopting eaeh fiseal wear--epeFating-budget, the eeuneil shall
ate a minimum of $250,000 to the publie aeeess, open ,
natural r-eseur-ees pr-eservation fund-.
(4~ Nothing in this seefien shall pwvent !he eouneil from appropriating
amounts in exeess of the abeve minimum ametints to this fit
Rd) 10 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.
2
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 BER, C *Y OFWAI`I
Hilo , Hawaii -
Date of Introduction: April 22, 2009
Date of 1st Reading: April 22, 2009
Date of 2nd Reading: May 20, 2009
Effective Date: June 5, 2009
REFERENCL Comm. 193.73
3
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo, Hawaii
Introduced By: Pete Hoffmann RO L I, VOTE
Date Introduced: April 22, 2009 NN JUI" A E NOES ABS EX
First Reading: April 22, 2009 Enriques , X,
Published: May 1, 2009 Ford C J X
Greenwell X
REMARKS. Hoffmann X
Ikeda X
Naeole X
Onishi X
Yagong X
Yoshimoto X
Second Reading: May 20, 2009 6 3 0 0
To Mayor: May 29, 2009
Returned: June 5, 2009 ROLL CALL VOTE
Effective. June 5, 2009 AYES NOES ABS EX
Published: June 13, 2009 Enriques X
Ford X
REMARKS Greenwell X
Hoffmann X
Ikeda X
Naeole X
Onishi X
Yagong X
Yoshimoto x
6 3 0 0
i
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
COUNCIL CHAIRPERSON
AEP CORPORATION UNSEL
COUNTY OF HAWAII
' ! N 0 1 2oo9 CLERK
Date ~~T J!1
49 (Draft 2)
Bill No.: i
Reference: C-193.73/FC-49
Approve ved thrs day
®9
o Ord No.:
f , 20-
OR, CO NTY OF HAWAII
Ordinances Numbered 09-66, 09-67, 09-68, 09-69, 09-70, & 09-71
I hereby certify that the following Ordinances passed second and final reading at the meeting of
the County Council on May 20, 2009, by vote, as listed below:
Ordinance 09-66 (Bill 49, Draft 2): 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. AYES: Council Members Enriques, Hoffmann, Ikeda,
Naeole, Onishi, and Chair Yoshimoto - 6; NOES: Council Members Ford, Greenwell, and
Yagong - 3; ABSENT: None; EXCUSED: None.
Ordinance 09-67 (Bill 62): An Ordinance Amending Chapter 24 of the Hawaii County Code
1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. AYES: Council Members
Ford, Greenwell, Hoffmann, Ikeda, Naeole, Yagong, and Chair Yoshimoto - 7; NOES: None;
ABSENT: Council Members Enriques and Onishi - 2; EXCUSED: None.
Ordinance 09-68 (Bill 63): An Ordinance Amending Chapter 24 of the Hawaii County Code
1983 (2005 Edition, as Amended), Relating to Vehicles and Traffic. AYES: Council Members
Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole, Yagong, and Chair Yoshimoto - 8; NOES:
None; ABSENT: Council Member Onishi - 1; EXCUSED: None.
Ordinance 09-69 (Bill 74): 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 Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole, Yagong, and Chair
Yoshimoto - 8; NOES: None; ABSENT: Council Member Onishi - 1; EXCUSED: None.
Ordinance 09-70 (Bill 75): 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 Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole, Yagong, and Chair
Yoshimoto - 8; NOES: None; ABSENT: Council Member Onishi - 1; EXCUSED: None.
Ordinance 09-71 (Bill 76): 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 Enriques, Ford, Greenwell, Hoffmann, Ikeda, Naeole, Yagong, and Chair
Yoshimoto - 8; NOES: None; ABSENT: Council Member Onishi - 1; EXCUSED: None.
Kenneth G. Goodenow
County Clerk
(Hawai`i Tribune-Herald - June 13, 2009)
(West Hawaii Today - June 13, 2009)
Note: The original Digest/Affidavit is attached to Ordinance 09-66.
~YY OIh~ '
COUNTY 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 THE COUNTY OF HAWAIL•
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 of 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[:]; and
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.
[(e) in adopting-eaeh fiseal yews epees budget, the -eouneil
apprepr at of $250;000 ze the Pubes aeeess, open spaee,- nd
Nothing in this seetion shall prevent the eouneil from apprepriatin
f~
ametm4s in emeess of the above min* its to this ]
[(d) ]U 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.
IN ODUCED BY:
COUNCIL MEMBER, CWNTY F HAWAII
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE, Cmmn~ 193