HomeMy WebLinkAboutBIL 087 Draft 01 2010-2012COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 87
AN ORDINANCE TO INITIATE A CHARTER AMENDMENT TO ARTICLE X,
FINANCIAL PROCEDURES, SECTION 10 -15, OF THE HAWAII COUNTY
CHARTER (2010 EDITION), REGARDING THE PUBLIC ACCESS, OPEN SPACE,
AND NATURAL RESOURCES PRESERVATION FUND.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Article X, Financial Procedures, Section 10 -15, of the Hawai`i County
Charter (2010 Edition), relating to the Public Access, Open Space, and Natural Resources
Preservation Fund, is amended to read as follows:
"Section 10 -15. Public Access, Open Space, and Natural Resources Preservation Fund.
(a) In adopting each fiscal year's operating budget[ and capital program], the council shall
appropriate a minimum of [ene] two percent of the certified real property tax revenues,
including penalty and interest, to a fund known as the public access, open space, and
natural resources preservation fund. Deposits to the fund shall occur at a minimum, on a
quarterly basis.
(b) Funding shall consist of a minimum of [one] two percent of actual revenue received in
the fiscal year. Additional revenue may consist of grants and private contributions
intended for the purpose of this section, voluntary contributions of any amount as
specified on the real property tax bill, proceeds from the sale of general obligation bonds
authorized and issued for the purpose of this section, council appropriations for the
purpose of this section, [and grants and private contributions intended for the purpose of
this section,] and any other source of revenue.
(c) Monies in this fund shall be used solely to:
(1) Purchase or otherwise acquire lands [or property entitlement:] and easements in
the County of Hawai`i for public outdoor recreation and education, including:
(A) Access to beaches and mountains;
(B) Preservation of historic or culturally important land areas and sites;
(C) Protection of natural resources, significant habitat or eco- systems,
including buffer zones;
(D) Preservation of forests, beaches, coastal areas, natural beauty and
agricultural lands; and
(E) Protection of watershed lands to preserve water quality and water supply.
(2) Pay the principal, interest and premium, if any, due with respect to bonds issued
in whole for the purpose of this fund.
(d) 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. The moneys in this fund shall
not be used for any purpose except those listed in this section.
(e) The council shall by ordinance establish procedures for the administration and
expenditure of moneys in this fund.
f� This fund shall be used for acquisition of land and easements and shall not be used for
development, maintenance or for any purpose other than as provided in this section.
(g) The highest and best use of this fund is to leverage the money in the fund by attracting
matching funds, although, matching funds are not required in every purchase.
au Any land acquired with this fund shall contain the following restrictive covenant in its
recorded deed of conveyance: "This land was acquired 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 and may not be
sold, mortgaged, traded or transferred in any way."
Any easement acquired with this fund shall contain the following restrictive covenant in
its recorded deed of conveyance: "This easement was acquired 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 and may not be
sold, mortgaged, traded or transferred in any way."
SECTION 2. Charter material to be repealed is bracketed and stricken. New charter
material is underscored. When revising, compiling, or printing these charter provisions for
inclusion in the Charter of the County of Hawai`i, the reviser need not include the brackets,
bracketed material, or underscoring.
SECTION 3. 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 severable.
SECTION 4. Upon adoption of this ordinance, this council, by appropriate, resolution,
shall provide that this amendment be submitted to the electorate of Hawaii County for approval
in the 2012 general election.
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SECTION 5. The charter amendment proposed in this ordinance shall take effect upon
its approval by a majority of voters voting on this legislation in the 2012 General Election, as
duly certified. Notwithstanding the provisions of subsection (a), proration of the deposits
affected by this legislation shall begin on November 7, 2012.
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Date of 3rd Reading:
Effective Date:
rEFERENCEs Comm: 327
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
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