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Home My WebLink AboutORD 1975-087BILL NO. 89 AMENDED COUNTY OF HAWAII -STATE OF HAWAII ORDINANCE NO. ~-f'sr~ AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 2, SECTIONS 1.01 and 1.02, HAWAII COUNTY CODE, AS AMENDED, CONCERNING THE SETTLEMENT OF CLAIMS AND LAND ACQUISITIONS BY THE CORPORATION COUNSEL. WHEREAS, the ordinance providing that the Corporation Counsel shall have the power to adjust or settle claims in favor of or against the County of Hawaii not involving payment in excess of $500.00 was adopted over four years ago; and WHEREAS, because of the rapidly rising rate of inflation in the last four years, the volume of claims and disputes involving an amount of $500.00 or more in favor of or against the County of Hawaii has substantially increased; and WHEREAS, the settling of claims or disputes, involving an amount not exceeding $1,500.00 in settlement of claims and an amount not exceeding $2,500.00 in settlement of land acquisitions by the Corporation Counsel without requiring County Council approval will effectuate a faster and smoother procedure of settling claims; and WHEREAS, such a procedure will help counter citizens' complaints of inefficient government management and bureaucracy, to the benefit of the County administration and County Council; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Sections 1.01 and 1.02 of Chapter 2, Article 2, Hawaii County Code, as amended, are hereby further amended as follows: "SEC. 1.01. SETTLEMENT OF CLAIMS. "The Corporation Counsel shall have the power to adjust, settle, compromise or submit to arbitration any action causes of action, accounts, debts, claims, demands, disputes and matters in favor of or against the County of Hawaii or in which the County of Hawaii is concerned as debtor or creditor, now existing or which may hereafter arise, not involving or requiring payment in excess of ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00), [FIVE HUNDRED AND NO/100 DOLLARS ($500.00)] provided the money to settle claims generally has been appropriated and is available therefor; and provided further that a quarterly report of all settlements shall be filed with the Council. "SEC. 1.02. SETTLEMENT OF LAND ACQUISITION. "The Corporation Counsel shall have the power to adjust, compromise, settle or submit to arbitration, any land acquisition requests referred to him by other County agencies or eminent domain actions, causes of eminent domain actions in favor of or against the County or in which the County is concerned as purchaser, seller, condemnor or condemnee, now pending or which may hereafter arise, not involving or requiring payment in excess of TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) - , [FIVE HUNDRED AND NO/100 DOLLARS ($500.00)] provided the money to settle any matter generally has been appropriated and is available therefor; and provided further that a quarterly report of all settlements shall be filed with the Council." SECTION 2. Superseded material is enclosed in brackets and new material underscored. Any person incorporating this ordinance into the Hawaii County Code is authorized to delete brackets (and contents therein) and underscoring. -2- SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: CO NCILMAN, COUNTY OF HAWAII Date of Introduction: Hilo, Hawaii Date of Adoption: January 8, 1975 Effective Date: January 14, 1975 -3- Hilo, Hawaii Date: December 18. 1974 FIRST READING AYES NOES A/E Car enter X De Luz x Fujii X Hisaoka }~ Kawahara X Levin Yadao X X Chr. Yamada X Publication Date: December 22, 1974 Hilo, Hawaii SECOND & FINAL READING AYES NOES A/E Carpenter X De Luz X Fujii Hisaoka X Kawahara X Levin Yadao Chr. Yamada X X S i January 17, 1975 Publication Date: __- ___._...-___... -_. We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. APPR~JVE~ a: to FOR'b1 and LEGAII' ..r =.e C, Data..-.~-~ ~~ Approved/,~i~ag~d.ihiL /L..._._-- day of Council Chairman ~~\ ~'\ County Clerk Bill No. ~2_S_$gvi cr+d) _. -- Reference:.. C-,144i~FC.- 3b_- 1~4: _ M. B..No-. -- (~ w .. Ord. No. _- - __.__- - c BILL NO. 89 REVISED COUNTY OF HAWAII -STATE OF HAWAII ORDINANCE N0. AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 2, SECTIONS 1.01 and 1.02, HAWAII COUNTY CODE, AS AMENDED, CONCERNING THE SETTLEMENT OF CLAIMS AND LAND ACQUISITIONS BY THE CORPORATION COUNSEL. WHEREAS, the ordinance providing that the Corporation Counsel shall have the power to adjust or settle claims in favor of or against the County of Hawaii not involving payment in excess of $500.00 was adopted over four years ago; and WHEREAS, because of the rapidly rising rate of inflation in the last four years, the volume of claims and disputes involving an amount of $500.00 or more in favor of or against the County of Hawaii has substantially increased; and WHEREAS, the settling of claims or disputes, involving an amount not exceeding $2,500.00 in settlement of claims and an amount not exceeding $5,000.00 in settlement of land acquisitions by the Corporation Counsel without requiring County Council approval will effectuate a faster and smoother procedure of settling claims; and WHEREAS, such a procedure will help counter citizens' complaints of inefficient government management and bureaucracy, to the benefit of the County administration and County Council; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Sections 1.01 and 1.02 of Chapter 2, Article 2, Hawaii County Code, as amended, are hereby further amended as follows: "SEC. 1.01. SETTLEMENT OF CLAIMS. "The Corporation Counsel shall have the power to adjust, settle, compromise or submit to arbitration any action causes of action, accounts, debts, claims, demands, disputes and matters in favor of or against the County of Hawaii or in which the County of Hawaii is concerned as debtor or creditor, now existing or which may hereafter arise, not involving or requiring payment in excess of TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00), [FIVE HUNDRED AND NO/100 DOLLARS ($500.00)] provided the money to settle claims generally has been appropriated and is available therefor; and provided further that a quarterly report of all settlements shall be filed with the Council. "SEC. 1.02. SETTLEMENT OF LAND ACQUISITION. "The Corporation Counsel shall have the power to adjust, compromise, settle or submit to arbitration, any land acquisition requests referred to him by other County agencies or eminent domain actions, causes of eminent domain actions in favor of or against the County or in which the County is concerned as purchaser, seller, condemnor or condemnee, now pending or which may hereafter arise, not involving or requiring payment in excess of FIVE THOUSAND DOLLARS ($5,000.00), [FIVE HUNDRED AND NO/100 DOLLARS ($500.00)] provided the money to settle any matter generally has been appropriated and is available therefor; and provided further that a quarterly report of all settlements shall be filed with the Council." SECTION 2. Superseded material is enclosed in brackets and new material underscored. Any person incorporating this ordinance into the Hawaii County Code is authorized to delete brackets (and contents therein) and underscoring. -2- ~ ~ i 'r BILL No. g9 COUNTY OF HAWAII -STATE OF HAWAII ORDINANCE N0. AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 2, SECTION 1.01, HAWAII COUNTY CODE, AS AMENDED, CONCERNING THE SETTLEMENT OF CLAIMS BY THE CORPORATION COUNSEL. WHEREAS, the ordinance providing that the Corporation Counsel shall have the power to adjust or settle claims in favor of or against the County of Hawaii not involving payment in excess of $500.00 was adopted over four years ago; and WHEREAS, because of the rapidly rising rate of inflation in the last four years, the volume of claims and disputes involving an amount of $500.00 or more in favor of or against the County of Hawaii has substantially increased; and WHEREAS, the settling of claims or disputes, involving an amount not exceeding $5,000.00 in favor of or against the County of Hawaii, by the Corporation Counsel without requiring County Council approval will effectuate a faster and smoother procedure of settling claims; and WHEREAS, such a procedure will help counter citizens' complaints of inefficient government management and bureaucracy, to the benefit of the County administration and County Council; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 2, Article 2, Section 1.01, Hawaii County Code, as amended, is hereby further amended as follows: "SEC. 1.01. SETTLEMENT OF CLAIMS. "The Corporation Counsel shall have the power to adjust, settle, compromise or submit to arbitration any action, causes of action, accounts, debts, claims, demands, disputes and matters in favor of or against the County of Hawaii or in which the County of Hawaii is concerned as debtor or creditor, now existing or which may hereafter arise, not involving or requiring payment in excess or which may hereafter arise, not involving or requiring payment in excess of FIVE THOUSAND AND NO/100 DOLLARS ($5,000.00), [FIVE HUNDRED AND NO/100 DOLLARS ($500.00)] provided the money to settle claims generally has been appropriated and is available therefor; and provided further that a quarterly report of all settlements shall be filed with the Council." SECTION 2. Superseded material is enclosed in brackets and new material underscored. Any person incorporating this ordinance into the Hawaii County Code is authorized to delete brackets (and contents therein) and underscoring. SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCILMAN, COUNTY OF HAWAII Date of Introduction: Date of Adoption: -2- Bill No. 89 - 1974 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 2, SECTIONS 1.01 and 1.02, HAWAII COUNTY CODE, AS AMENDED, CONCERNING THE SETTLEMENT OF CLAIMS AND LAND ACQUISITIONS BY THE CORPORATION COUNSEL. This Bill amends Chapter 2, Article 2, Section 1.01, Hawaii County Code, as amended, concerning the settlement of claims by the Corporation Counsel. Date Introduced: December 18, 1974 Copies of the foregoing Bill, in full, are on file in the Office of the County Clerk for use and examination by the public. I hereby certify that the foregoing Bill passed first reading at the meeting of the County Council on December 18, 1974, by the following aye and no vote: AYES: Councilmen Carpenter, De Luz, Fujii, Hisaoka, Kawahara, Levin, Yadao and Chairman Yamada - 8. NOES: None. .,~,GU Lc. ~/ COUNTY CLERK c}`w"V COUNTY OF HAWAII .. ;, TMs pluw,nfI~f1W~ 1,op+mr :. 1~er~FM1r lM~i~IN.~I w ,.pap IIi/PO~PC~' OKI1ntlR If. M~. P~ If..If/A fy /Mlarnif. YMiM1VS11:..- ' AYllf: fweCMMM CiRPSAIS~ M Lu[, FUIii, Nom. 1[aMffM+, LwM. YMes aaf ~IRnIM*Mh~f'-R~ KOHf: ~aaa.-. TN fV[uMl ' OOHt/TY CLERK '. ~NTY Of WAWAII (MF-NwMI TRJMMFMM's10: DK. Yl, IAAI ORDINANCE NO. 87 (Bill No. 89-1975) AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 2, SECTIONS 1.01 and 1.02, HAWAII COUNTY CODE, AS AMENDED, CONCERNING THE SETTLEMENT OF CLAIMS AND LAND ACQUISITIONS BY THE CORPORATION COUNSEL. Date Approved: January 8, 1975 Date Effective: January 14, 1975 Copies of the foregoing Ordinance, in full, are on file in the Office of the County Clerk for use and examination by the public. I hereby certify that the foregoing Ordinance passed second and final reading at the meeting of the County Council on January 8, 1975, by the following aye and no vote: AYES: Councilmen Carpenter, De Luz, Fujii, Hisaoka, Kawahara, Levin, Yadao and Chairman Yamada - 8. NOES: None. COUNTY CLERK COUNTY OF HAWAII ~ ~ f1 ~ ~~.. R Y, AlTICL! 5, CTIONf l.al~wtl ~1.N, NAMAD'CO!4!NTTY CODE. 115 AMlNDlD. L'ONgRNIDD TN! flT~ TI,lMlMT OF CLAIMf AMO LAND ACOUIfIT10Nf DY TN! COR-OIATIOYI couN:DL,` Date Apprbvell: ~JMYarY Y. 11hS ' ~Oxe'EHMiw: JenuerY I6 lxS Cogee of Me IarbpWM Or41Aen<e. In lull, xa bn IIN 111 the OMIG M Me Caunry UxK Ix ube anf bxamindNn by, the Wblic. ~1 hxeby erHry that iM Myelnp On Anenee VeelNtl YGentl MQfIMi nNOMp et tM maNinp bi roe Ctlunry Ctlubcll on JenwrY b, 1x5, by Ms fOllewinp bye entl ro wte:' AYES: [oun5111Mn GrOwlfx. De Lus, Fulls, Hirabke. NewMxa, Lbin. Vetlab antl CKNrtMn VemeOb - f. NOES: NaN. ' ' TED T. SUZUKI COUNTVCLERK ' ' COUNTY OR HAWAII ' U1F-Heweli TYIOwyHereltl: Jan'. V, 1A51- ' led 7. Suzuki COUNTY CLERK '~ P OFFICE OF THE COUNTY CLERK COUNTY ^F HAWgII HILO, HAWAII 96720 Mayor Herbert T. Matayoshi County of Hawaii Hilo, Hawaii Robert Shioji DEPUTY COUNTY CLERK I hereby transmit Ordinance Bill No. -~._ passed by the County Council on second and final reading, ~~ COUNTY CLERK Encl. Dated: 3AN ~ 1975