HomeMy WebLinkAboutORD 1982-819 1980-1984
BILL NO. 877
(Revised)
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE NO. ~L.9
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 9, HAWAII
COUNTY CODE, AS AMENDED, PROVIDING EXCEPTIONS TO THE
PROCEDURES FOR THE DISPOSITION OF REAL PROPERTY OWNED BY
THE COUNTY OF HAWAII.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 2, Article 9, Section 1, Hawaii
County Code, is amended by adding the following subsections:
"D. 'Non-Profit Organization' means an
organization organized for other than profit-making
purposes and which is exempted from the federal income
tax by the Internal Revenue Service.
E. 'Affordable Housing Developer' means an
individual or business entity which develops low and
moderate income housing as certified by the Housing
Administrator."
SECTION 2. Chapter 2, Article 9, Section 2,
Subsection A, Hawaii County Code, is amended as follows:
"A. To dispose of real property in fee simple, by
lease, license, or permit; provided that any lease,
license, or permit whose term is for less than 180 days
may be granted, without the necessity of Council
action, by the Finance Director or Chief Engineer
through direct negotiation and without recourse to
public auction;"
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SECTION 3. Chapter 2, Article 9, Section 11, Hawaii
County Code, is amended as follows:
"SEC. 11. DISPOSITION TO GOVERNMEN`T'S, [ANDJ
GOVERNMENTAL AGENCIES[.], NON-PROFIT ORGANIZATIONS, AND
AFFORDABLE HOUSING DEVELOPERS.
"A. Notwithstanding any limitations to the
contrary, the County Council may, by resolution
approved by a majority of its members, direct the
Finance Director to negotiate the disposition of real
property by:
(1) Selling it in fee simple at such price and on
such terms and conditions deemed proper to governments
and governmental agencies authorized to hold lands in
fee simple;
(2) Leasing it to governments, [and] governmental
agencies, non-profit organizations, or affordable
housing developers at such rentals and on such terms
and conditions as deemed proper;
(3) Exchanging it for [public lands] real
property owned by governments, [and] governmental
agencies[.], non-profit organizations, or affordable
housing developers.
(4) Granting licenses, permits, and easements to
governments, [and] governmental agencies, non-profit
organizations, or affordable housing developers on such
terms and conditions as deemed proper.
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B. [All] A disposition of real property to
governments, (and] governmental agencies, non-profit
organizations, or affordable housing developers may be
made without [public] the notice [as provided in
Sec. 7.J or appraisal required in this Article."
SECTION 4. Material to be repealed is bracketed. New
material is underscored. When incorporating this ordinance
into the Hawaii County Code, the incorporator need not
include the brackets, bracketed material, or the
underscoring.
SECTION 5. In the event any portion of this ordinance
is declared invalid, such invalidity shall not affect other
parts of this ordinance.
SECTION 6. This ordinance shall take effect upon its
approval.
INTRO ED BY:
NCIL M B R, COUNTY OF HAWAII
Kona. Hawaii
Date of Introduction:
Date of Adoption:
August 17, 19.82
September 1, 1982
Effective Date: September 7, 1982
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Kona, Hawaii
Date: August 17. 1982
FIRST READING
AYES NOES A/E
Dahlberg X
De Luz X
Domingo X
Fujii X
Hale X
Kawahara X
Lai X
Schutte X
Ch r. Yamashiro X
9 0 0
Publication Date:
Hilo, Hawaii
Date: September 1, 1982
SECOND & FINAL READING
AYES NOES A/E
Dahlberg X
De Luz X
Domingo X
Fujii X
Hale X
Kawahara X
Lai X
Schutte X
Ch r. Yamashiro X
9 0 0
Publication Date: ~'~v - ~~ ,.
We do hereby certify that the foregoing BILL was adopted by the
County Council and published as indicated above.
' APPROVED as to
F nd t.Es s ".a' fITY
O ,~ P.TI O -''~='~rL
`Y C~ ~,~.Sql ~.
SEP 31982
Date --- ............._---------._..._....-'---....-
uncil Ch man
County Clerk
Bill No. 877 (REVISED)
Reference: FC-233
M.B. No.
Ord. No. "`
Approved/ this~dafy of/