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HomeMy WebLinkAboutRES 214 Draft 01 2008-2010OFFICE INFORMATION ONLY Meeting: August 19, 2009 -Council Meeting (21s` Session) Action: Withdrawn by Council Chair J Yoshimoto -August 19, 2009 Resolution 214-09/C-450/FC-79 Re: COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 2~4 09 RESOLUTION AMENDING RESOLUTION NO.504-08 RELATING TO THE SPECIAL FUEL TAX PROGRAM. WHEREAS, Resolution No. 504-08 proposed to extend the County of Hawai`i's fuel tax, established pursuant to Section 243-5, Hawaii Revised Statutes; and WHEREAS, Resolution No. 504-08 expressed the intent of the Council to maintain the existing rates of fuel taxes during the period of such extension; and WHEREAS, Resolution No. 504-08 inadvertently omitted any reference to liquefied petroleum gas (LPG) in Che operative extension provision; and WHEREAS, the record makes it clear that it was the intent of the Council that the fuel taxes be continued at previously-existing rates and not be reduced. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that Resolution No. 504-08 is hereby amended by deleting the first resolution paragraph in its entirety and replacing it with the following: "NOW. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it does hereby fix, determine, and extend the amount of the County of Hawaii fuel tax to be levied and collected by the Department of Taxation of the State of Hawai `i, in accordance with law, at eight and eight-tenths (8.8) cents per gallon for diesel on-highway and gasoline on-highway and at six (6) cents per gallon for LPG on-highway, to be in effect until and unless otherwise provided by another resolution adopted as above provided." BE IT FURTHER RESOLVED that if any provisions of this resolution or the application thereof to any person or circumstances are held invalid, such invalidity shall not affect other provisions or applications of this resolution which can be given effect without the invalid provision or application, and to this end the provisions of this resolution are declared to be severable. BE IT FURTHER RESOLVED drat the county clerk is hereby instructed and directed to send a copy of this resolution to the State Director of Taxation, State of Hawaii, Department of Taxation, P.O. Box 259, Honolulu, Hawaii 96809 and to the State Director of Finance, State of Hawaii, Department of Budget and Finance, P.O. Box 150, Honolulu, Hawaii 96810. Dated: Hawaii, INTRODUCED BY: COUN fF-S4 BER, COUNTY OF HAWAI`1 COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify [hat the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on ATTEST: COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER KULL CALL VU1E AYES NOES .ABS EX ENRIQUES FORD GREEN WELL HOPFMANN IKEDA j NAEOLE ~ ONISHI ~ YAGONG YOS FI I M OTO Reference: C-450/FC RESOLUTION NO. 2'g'