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HomeMy WebLinkAboutRES 219 Draft 01 2010-2012COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 219 12 RESOLUTION DIRECTING THE CLERK OF THE COUNTY OF HAWAII TO TAKE NECESSARY ACTION TO PLACE THE CHARTER AMENDMENT PROPOSED BY ORDINANCE NO. 11 -94 ON THE 2012 GENERAL ELECTION BALLOT. WHEREAS, article XV, Hawai`i County Charter, governs Charter amendments and revisions; and WHEREAS, the requirements for amending the Charter by ordinance are set out in sections 15 -1 and 15 -2, Hawai`i County Charter; and WHEREAS, section 15 -1 requires that an ordinance proposing a Charter amendment be adopted after three readings on separate days and passed by the affirmative vote of two - thirds of the entire membership of the Hawai`i County Council; and WHEREAS, section 15 -2 requires that upon adoption of such an ordinance, the Council shall by resolution provide that the proposed amendment be submitted to the electors of the County for approval at the next general election and that the resolution shall provide for the publication of the full text of the proposed amendments in a daily newspaper of general circulation in the County at least forty -five days prior to submission to the electors of the County as well as via an electronic medium, such as the interne; and WHEREAS, section 11- 119(b), Hawai`i Revised Statutes, requires that questions and issues which are to be placed on the general election ballot be submitted to the Chief Election Officer of the State of Hawai`i not later than 4:30 p.m. on the seventy -fifth calendar day prior to the election; and WHEREAS, the next general election will be held on November 6, 2012; and WHEREAS, Ordinance No. 11 -94, which proposes an amendment to the Hawai`i County Charter relating to the public access, open space, and natural resources preservation fund, was adopted after three readings on the following dates by the following votes: Reading First Reading Second Reading Third Reading Date September 21, 2011 October 5, 2011 October 19, 2011 Vote 7 ayes, 2 noes 7 ayes, 2 absent and excused 7 ayes, 1 no, 1 absent and excused WHEREAS, Ordinance No. 11 -94 was approved by Mayor William P. Kenoi on November 3, 2011, and published on November 18, 2011; and WHEREAS, August 23, 2012, is the seventy -fifth calendar day prior to the next scheduled general election; and WHEREAS, September 22, 2012, is the forty -fifth calendar day prior to the next scheduled general election; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it hereby directs the Clerk of the County of Hawai`i to take all necessary steps provided for in all applicable provisions of the Hawai`i County Charter and the Hawai`i Revised Statutes, within the prescribed time limits, for placing the Charter amendment proposed by Ordinance No. 11 -94 on the 2012 General Election ballot for approval by the voters of the County. BE IT FURTHER RESOLVED that those actions include but not be limited to submission of the ballot question to Scott T. Nago, Chief Election Officer of the State of Hawai`i, prior to 4:30 p.m., August 23, 2012, pursuant to section 11- 119(b), Hawai`i Revised Statutes, and publication of the full text of the Charter amendment proposed by Ordinance No. 11 -85 in the Hawai`i Tribune Herald and the West Hawai`i Today, two newspapers of general circulation in the county, prior to Saturday, September 22, 2012, the forty -fifth day prior to the 2012 General Election, pursuant to section 15 -2, Hawai`i County Charter. BE IT FINALLY RESOLVED that certified copies of this resolution be sent to Scott T. Nago, Chief Election Officer of the State of Hawai`i; and Jamae K.K. Kawauchi, Clerk of Hawai`i County. Dated at Hilo, Hawai`i, this 15th day of February , 2012 INTRODUCED BY: COU'IGCIL MEMBER, COUNTY O 'IAWAI`I COUNTY COUNCIL County of Hawai`i Hilo, Hawai`i I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on February 15, 2012 ATTEST: 106 0 OUNTY CLERK CHAIRPERSON & PRESIDIN ICER 2 ROLL CALL VOTE Reference: C- 546 /GRC -12 RESOLUTION NO. 219 12 AYES NOES ABS EX BLAS X FORD X HOFFMANN X IKEDA X ONISHI X PILAGO X SMART X YAGONG X YOSHIMOTO X 8 1 0 0 Reference: C- 546 /GRC -12 RESOLUTION NO. 219 12