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HomeMy WebLinkAboutBIL 063 Draft 01 2010-2012OFFICE INFORMATION ONLY Meeting: Council —June 30, 2011 (Special Session) Action: Withdrawn by introducer (Mr. Yagong) on the floor at 2nd reading. Passed 1St reading on June 24, 2011 (Special Session) by vote of 7 ayes, 1 no and 1 absent. Re: Bill 63, Comm. 239, Waived -FC COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. 63 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 42, SECTION 2-214, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF IIAWAI`I: SECTION 1. Purpose. The Public Access, Open Space, and Natural Resources Preservation Fund was created by the voters through the initiative and referendum process and approved by the electorate on November 4, 2008 and required that 2 percent of real property tax revenues be deposited into the account annually. The purpose of this ordinance is to amend Chapter 2, Article 42, Section 2-214 of the Hawaii County Code 1983 (2005 Edition, as amended) to be in accordance with Section 10-15 of the Hawaii County Charter 2010. Section 10-15 of the Charter, which was duly approved by the electorate on November 4, 2010, establishing a Public Access, Open Space, and Natural Resources Preservation Fund that requires a minimum deposit of 1 percent of the real property tax revenue into the fund. SECTION 2 Chapter 2, article 42, section 2-214, Hawaii County Code 1983 (2005 Edition, as amended) is amended by amending subsection (b) to read as follows: "(b) The fiend shall consist of [monies fro m:] the following monies to be deposited as provided herein: (1) The proceeds from the sale of any general obligation bonds, authorized and issued for the purposes of this article, (2) Council appropriations for the purposes of this article; (3) Any source of revenue dedicated by the Hawaii County Charter or the Hawaii County Code for the purposes of this article; (4) Grants and private contributions intended for the purposes of this article; (5) [Two] A minimum of one percent of Hawaii County certified real property tax revenues, including penalties and interest, collected annually_ [(-irre-I-uding penalties a interest). Deposits again 2007 and then Deeerber-312007, and on December -31 and -jute- 30, in suceessive)'ears, -.mss=its deposits being caleulated on all rea4-� —n intent) rcceied-ite err six-mentf ]Deposits shall be made at a minimum, on a quarterly basis Deposits shall be calculated based on the real property tax payments, including penalties and interest collected in the quarter immediately preceding the deposit. Additional deposits and adjustments may be made at the discretion of the Finance Director; (6) Monies from items numbered (1), (2), (3), and (4) above, shall be deposited as received. (7) N t 4-anding-(b)(5)^4-vizi iseetion,ftho p of-frf) Trr julyT2009-to June 2011. no P, < „ts fel ting , his -see- o ,hn��, -� 200a44oc--a/t�e�d--o"ep v e , howev- `�-thn� at all payG�H-ts-ac&aie � through -utie-;39--200be--afloeated and depes-4ed-byj„1„ 31 2009 SECTION 3. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material and underscoring need not be included. 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 S. This ordinance shall take effect upon approval. INTRNDUCED BY: COU IL MEMBE , Hawai`i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date REFLP.LNC& Cori , 239 OF HAWAII