HomeMy WebLinkAboutBIL 264 Draft 01 2010-2012OFFICE INFORMATION ONLY
Meeting: Referred to Council
Action: Withdrawn by introducer Fred Blas prior to placing on Council agenda
(waived AWESQ, per Comm. 739.1 dated June 13, 2012.
Re: Bill 264; Comm. 739 (2010-2012 term)
COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 264
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 36, HAWAII COUNTY CODE
1983 (2005 EDITION, AS AMENDED), BY RENAMING AND REDEFINING THE
GEOTHERMAL RELOCATION AND COMMUNITY BENEFITS PROGRAM.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L•
SECTION 1. Chapter 2, article 36, Hawaii County Code 1983 (2005 Edition, as
amended), is amended to read as follows:
"Article 36. Geothermal Relocation [].* Community Benefits, and Public Safety
Program.
Section 2-177. Establishment.
The planning department is hereby authorized to establish a geothermal
relocation [and], community benefits and public safety program for the relocation
of owner -occupants residing near the Puna Geothermal Venture's plant and who
want to be permanently relocated, [and] to fund expenditures for the benefit of
Lower Puna, as defined herein, including, but not limited to, road improvements,
water infrastructure development, land acquisition, parks and recreational facility
needs, civil defense and mass transit improvements[.], and to address public
safety needs if activities at the Puna Geothermal Venture plant deem it necessary.
Section 2-178. Purchase and sale of affected properties.
Notwithstanding any other provision of this Code, the planning director is
hereby authorized to purchase the affected properties by negotiation for not more
than one hundred thirty percent of the assessed value, as determined by the real
property tax division of the department of finance and dispose of the affected
properties by public auction or pursuant to article 19 of chapter 2, with the
exception of the requirement for council resolution found in section 2-111(1).
Section 2-179. Creation of geothermal relocation []., community
benefits, and public safety fund.
Pursuant to section 10-12, Hawaii County Charter, the special fund known
as the geothermal relocation revolving fund is hereby renamed the geothermal
relocation [and], community benefits, and public safety fund. This fund shall be
administered by the planning department.
Section 2-180. Funding.
The geothermal relocation [and]., community benefits, and public safety
program shall be funded by proceeds from the following sources:
(1) Geothermal royalties received from the department of land and natural
resources.
(2) Proceeds from the sale of properties purchased under this program.
(3) Rental fees from any of the properties purchased under this program.
Section 2-181. Expenditures from fund.
The proceeds from the fund shall be used for the necessary expenses in
administering and carrying out the purposes of the geothermal relocation [and].,
community benefits, and public safety program. A minimum balance of
$1,000,000 shall be maintained in the fund for expenditures relating to geothermal
relocation. Expenditures relating to the geothermal relocation [and], community
benefits, and public safety program include, but are not limited to:
(1) The costs of any necessary appraisals required under this program;
(2) The payment of necessary fees and expenses;
(3) The costs for the purchase of an affected dwelling and property in accordance
with this chapter, if necessary;
(4) The costs necessary to dispose of or rent affected dwelling and property; [and]
(5) The purchase of public safety equipment including but not limited to air
quality monitors; and
Expenditures for public purposes including road improvement, water
infrastructure, land acquisition, parks and recreational facility needs, civil
defense, and mass transit improvements.
(A) Funds shall be expended in Lower Puna, which is defined as extending
from Hawaiian Paradise Park subdivision to Kalapana and including
Orchidland Estates, Ainaloa, Hawaiian Beaches, Hawaiian Shores,
Kapoho, Pahoa, Nanawale, Leilani Estates, and other communities
proximate to Pahoa.
(B) Expenditures under this subsection shall be made in accordance with
appropriations adopted by the Hawaii County Council after receiving
recommendations from the planning director.
Section 2-182. Promulgation authority.
The planning director is authorized to promulgate rules and regulations for
implementation of the relocation program."
SECTION 2. 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.
2
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. This ordinance shall take effect upon approval.
INTRODUCED B
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE: Comm. 739