HomeMy WebLinkAboutORD 1995-074 1994-1996COUNTY OF HAWAII STATE OF HAWAII
BILL NO. a s
(DRAFT 5A)
ORDINANCE NO. 95 ~~
AN ORDINANCE RELATING TO THE ESTABLISHMENT OF A GEOTHERMAL ASSET
FUND.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 2 of the Hawaii County Code, is hereby amended, by the addition
of a new article to be appropriately numbered and to read as follows:
ARTICLE .GEOTHERMAL ASSET FUND
SECTION 2- .Pursuant to Section ] 0-12 of the Hawaii ounty Charter. a soecial find
to be known as the Geothermal Asset Fund is created.
(al The Geothermal Asset Fund shall be funded b~2avments made by Puna
Geothermal Venture. A Hawaii Partnership- its successors or assiens and the State of Hawaii. for
the purpose of compensatingpersons im acn ted by eeothermal energy development activities
~rsuant to the provisions incorporated in Geothermal Resource Permit No 2
(bl Payments from the asset fund shall be administered and expended in
accordance with rules. regulations and procedures developed for that purpose and adopted by the
Hawaii County Planning Commission in accordance with Chaoter 91. Hawaii Revised Statutes.
~cl ExRgnses incurred by the Planning Commission such as administrative costs
related to geothermal resource oermits_ geothermal development compliance activity and
processinP of claims against the asset fund shall not be chareed to the asset fund
(dl All interest and earnings accrued from the money and assets deposited in the
a~~P* fund shall be expended for the ~urnoses for which this fund has been created
(el No claim made ~rrsuant to this section will be deemed a claim against the
County nor will the payment of any claim be construed as an admission of fault by the County
or its officers em}Zlovees. or aeents
(f] The denial of any claim made under this Geothermal Asset Fund. in whole or
mart shall not prevent the claimant from pursuine any other remedy at law against the
Geothermal Permittee and State of Hawaii.
SECTION 2. Ordinance 90-142, Effective Date: November 20, 1990, Relating to
creation of a special fund entitled the "Geothermal Asset Fund" is hereby repealed.
SECTION 3. New material is underscored. Material to be repealed is bracketed. In
printing this ordinance, the brackets, bracketed material and underscoring need not be included.
SECTION 4. 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 5. This ordinance shall take effect upon its approval.
COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
April 19, 1995
April 19, 1995
May 3, 1995
June 1, 1995
APPRQVED AS ~ E/,O/R,M AND LEGALITY:
Deputy Corporation Counsel
OFFICE OF THE COUNTY CLERK
Cotmty of Hawaii
u; i~ .Hawaii
Introduced By: Jim Rath
Date Introduced: April 19, 1995
First Reading: APril 19, 1995
Published: April 26, 1995
REMARKS:
Second Reading: MaY 3, 1995
To Mayor: May 16, 1995
Returned: Mav 24 , 1995
Effective: June 1, 1995
Published June 7, 1995
REMARKS:
05f24/95 -Returned from Mayor unsiraned. be-
came effective at the erxl of the 10 day period
required for the Mayor's signature.
I DO HEREBY C~na
indicated above. APP
FOrtM
(DRAFP 4A1
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki }{
Bonk-Abramson }{
Childs }{
De Lima }Z
Domino }(
Osorio ?{
~Ih X
~Y X
Smith X
6 3
( DRAFT SA 1
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki }{
Bonk-Abramson X
Childs X
De Lima X
Domingo X
Osorio X
Rath X
Ray X
Smith }{
7 1 1 0
adopted by the County Council and published as
~CX -
CORPORATION COUNSEL
COUNTY OF HAWAII
Date Z_' 2
Approved/Disapproved this day
of 19
MAYOR, COUNTY OF HAWAII
d~~.~,~
COUNTY CLERK
BiltNo.: 45 (Draft SA)
Reference: C-205/FC-61
Ord. No.: 9S /