HomeMy WebLinkAboutBIL 263 Draft 01 2008-2010 OFFICE OF THE COUNTY CLERK
County of Hawai `i
Hilo , Hawai`i
ROLL CALL VOTE
Introduced By: Pete Hoffmann AYES NOES ABS EX
Date Introduced: June 23 , 2010 Enriques X
First Reading: June 23 , 2010 Ford X
Published: N/A Greenwell X
Hoffmann X
REMARKS: Ikeda X
6/23/10 - Close file Naeole- Beason X
Onishi X
Yagong X
Yoshimoto X
5 3 1 0
Second Reading: ROLL CALL VOTE
To Mayor: AYES NOES ABS EX
Returned: Enriques
Effective: Ford
Published: Greenwell
Hoffmann
REMARKS: Ikeda
Naeole- Beason
Onishi
Yagong
Yoshimoto
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
COUNCIL CHAIRMAN
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII
COUNTY CLERK
Date
Bill No.:
263
Approved/Disapproved this d Reference:
C- 846 /Waived -FC
of 20 Ord No.:
MAYOR, COUNTY OF HAWAII
COUNTY OF HAWAII f6k "` -!/ • STATE OF HAWAII
BILL NO. 263
ORDINANCE NO.
AN ORDINANCE TO INITIATE A CHARTER AMENDMENT TO ARTICLE X OF
THE HAWAII COUNTY CHARTER (2000), ESTABLISHING A PUBLIC ACCESS,
OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this ordinance is to initiate an amendment to the
Hawai`i County Charter that would ensure that upon adoption of each fiscal year's budget and
capital program, a minimum deposit of two percent of the certified real property tax revenues,
including penalties and interest, be placed in a fund known as the public access, open space, and
natural resources preservation fund.
SECTION 2. Article X, Hawai`i County Charter (2000), is amended by adding a new
section to be appropriately designated and to read as follows:
"Section 10- . Public Access, Open Space, and Natural Resources Preservation
Fund.
(a) In adopting each fiscal year's budget and capital program, the council shall
appropriate a minimum of two percent of the certified real property tax revenues,
including penalties and interest, to a fund known as the public access, open space,
and natural resources preservation fund. Deposits to the fund shall occur at least
twice a year.
(b) Moneys deposited in the fund shall be invested in a conservative interest - bearing
account that will allow moneys to be available for property acquisition and prevent
any erosion of the fund's principal amount.
(c) Funding shall consist of a minimum of two percent of actual real property tax
revenue received each fiscal year. Additional revenue to the fund may consist of
grants and private contributions, proceeds from the sale of general obligation
bonds, council appropriations, and any other source of revenue.
(d) The fund shall be used for acquiring lands or property entitlements in the County
of Hawai`i for the following purposes:
(1) Public outdoor recreation and education, including access to beaches and
mountains;
(2) Preservation of historic or culturally important land areas and sites;
(3) Protection of natural resources, significant habitat or ecosystems, including
buffer zones
(4) Preservation of forests, beaches, coastal areas, natural beauty and agricultural
lands; and
(5) Protection of watershed lands to preserve water quality and water supply.
(e) Moneys in this fund may be used to pay the principal and interest payment on a
bond used to acquire lands according to the purposes and procedures of this
section.
(f) Any balance remaining in the fund at the end of any fiscal year shall not lapse, but
shall remain in the fund accumulating interest from year to year.
(g) The council shall by ordinance establish procedures for the administration and
expenditure of money in this fund.
(h) This fund shall be used for acquisition only and shall not be used for development
or maintenance. The moneys in this fund shall not be used for any purpose other
than as provided in this section.
W The highest and best use of this fund is to leverage the money in the fund by
attracting matching funds.
( Any real property purchased with any money from this fund shall have the
following covenant recorded on its deed: "This property was purchased with
moneys from the Public Access, Open Space, and Natural Resources Preservation
Fund. It shall be held in perpetuity for the use and enjoyment of the people of
Hawai`i County. This land may not be sold, mortgaged, traded or transferred in
any way."
SECTION 3. New material is underscored. When revising, compiling, or printing these
charter provisions for inclusion in the Charter of the County of Hawai`i (2010), the Revisor need
not include the underscoring.
SECTION 4. 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. Upon adoption of this ordinance, this council, by appropriate resolution,
shall provide that this charter amendment be submitted to the electorate of Hawaii County for
approval at the 2010 general election.
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SECTION 6. The charter amendment proposed in this ordinance shall take effect upon
its approval by a majority of the voters in the 2010 general election.
INTRODUCED BY:
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COUNCIL EMBER, C 9t1I OF A WAY I
, Hawai`i
Date of Introduction:
Date of 1St Reading:
Date of 2nd Reading:
Date of 3rd Reading:
Effective Date:
REFERENCES Comm, 846
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