HomeMy WebLinkAboutORD 1992-147 1992-1994COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 690
ORDINANCE NO. 92 147
WHEREAS, Section 13-12 of the Hawaii County Charter provides
that the Council on behalf of the County, may accept gifts and
donations of money, securities or other personal property or of real
estate or any interest in real estate; and
WHEREAS, recently landowners and developers of real property,
the so-called development community, have been amenable to the
provision of various donations or contributions for the benefit of a
community under an executive community benefit assessment program;
and
WHEREAS, the community benefit assessments and other development
exactions or mandatory contributions under permit or other approval
conditions, have an effect upon the Council's long-term, strategic
fiscal and capital improvement policy-making functions and
responsibilities; and
WHEREAS, the Council finds that it is in the County's best
interest to establish procedures by which gifts, donations and
contributions are to be reviewed, considered and accepted.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 2, Hawaii County Code 1983, is amended by
adding a new article to be appropriately designated and to read as
follows:
"Article Gifts and Donations.
Section Gifts and donations. For the purposes of this
article, gifts and donations as accepted on behalf of the County
shall mean money, securities, or other personal property or real
estate or any interest in real estate.
LA/HAT
Section Procedures of acceptance.
(a) Except as otherwise provided in this article, gifts and
donations which fall within the capitalization procedures of the
Department of Finance may be accepted by resolution approved by the
Council.
(b) Any such donation or gift which is to be derived or
acquired as a result of a community benefit assessment, or by any
form of exaction or condition to a permit or approval issued by the
county or any of its agencies (including the Council) shall be
established in consultation with and approved by the County
Council. The Planning Department shall maintain a listing of all
community benefit assessments, exactions on permit or approval
conditions and shall submit an annual report on the same to the
Council on or before the 1st day of March for the Council's review
and use in the formulation of the capital budget and long-term
strategic plan for the County. The report shall include, as a
minimum, the following information:
(1) The name of the relevant parties, landowners, donors,
contributions;
(2) The identification of the permit or approval name and
number;
(3) The nature and extent of these assessment or exaction,
and the method by which any undetermined assessment or exactions are
to be determined, valued and applied;
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(4) The deadlines and other timetables in which the
assessment or exactions are to be determined and delivered or
performed;
(5) Financial impact statements, applicable under
Article 21 of this chapter, for the assessment or exaction reported.
(c) Any donation or gift not covered by (a) or (b) of this
section shall be submitted to the Council by letter for its
approval."
SECTION 2. Severability. 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 3. This ordinance shall take effect upon its approval.
Hilo, Hawaii
Date of Introduction: December 2, 1992
Date of 1st Reading: December 2, 1992
Date of 2nd Reading: December 16, 1992
Effective Date: December 23, 1992
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INTRODUCED BY:
OFFICE OF THE COUNTY CLERK
Count
of Hawaii
0 Hawaii
Introduced By: James Y. Arakaki
Date Introduced: December 2, 1992
First Reading: December 2, 1992
Published: December 10, 1992
Second Reading:
To Mayor:
Returned:
Effective:
Published:
December i-/, -L992
December 23, 1992
December 23,1-992
January 3. 1993
n :7
ROLL CALL VOTE
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and
published as indicated aboue.
'41
It
Acting.
AppPvedl"'i'sapprm5ped this day
f 19 9
COUNCIL CHAIRMAN
COUNTCO L
Y
LE K
MAYOR, COUNTY OF HAWAII Bill No.: 690
Reference: FC - 636
Ord. No.: 92 147
9 M6
MR. WE"
NOMURA
F. R-
DOMINGO
BALE
RQQRIVIV��
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and
published as indicated aboue.
'41
It
Acting.
AppPvedl"'i'sapprm5ped this day
f 19 9
COUNCIL CHAIRMAN
COUNTCO L
Y
LE K
MAYOR, COUNTY OF HAWAII Bill No.: 690
Reference: FC - 636
Ord. No.: 92 147
9 M6
MR. WE"
slim
DOMINGO
BALE
RQQRIVIV��
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and
published as indicated aboue.
'41
It
Acting.
AppPvedl"'i'sapprm5ped this day
f 19 9
COUNCIL CHAIRMAN
COUNTCO L
Y
LE K
MAYOR, COUNTY OF HAWAII Bill No.: 690
Reference: FC - 636
Ord. No.: 92 147