HomeMy WebLinkAboutORD 2013-031 2012-2014 ". IV OF M�,..
COUNTY OF HAWAII :•: ";'; � • STATE OF HAWAII
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BILL NO. 2 4
ORDINANCE NO. 1 1 31
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 42, SECTION 2-214 OF THE
HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO A
RESTRICTIVE COVENANT FOR DEEDS TO LANDS OR EASEMENTS ACQUIRED
WITH FUNDS FROM THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL
RESOURCES PRESERVATION FUND.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The purpose of this ordinance is to ensure that property acquired with
funds from the Public Access, Open Space, and Natural Resources Preservation Fund remain
under the control and ownership of the County of Hawai`i in perpetuity, and not be used for
purposes other than those cited in the Hawai`i County Charter(Section 10-15) and the Hawai`i
County Code (Section 2-214).
It is the policy of the Hawai`i County Council that all deeds for lands or easements
acquired with funds from the Public Access, Open Space, and Natural Resources Preservation
Fund, including those acquired prior to the enactment of the County Charter amendment as
provided in Ordinance No. 11-94, include a restrictive clause that would prevent the sale,
mortgage, trade or transfer of those lands in any way.
SECTION 2. Chapter 2, article 42, section 2-214 of the Hawai`i County Code 1983
(2005 Edition, as amended), is amended to read as follows:
"Section 2-214. Public access, open space, and natural resources preservation fund.
(a) A public access, open space, and natural resources preservation fund is hereby
established. This special fund shall be administered and managed by the finance
department. Monies deposited shall be invested in a conservative interest-bearing
account that will allow monies to be available for property acquisition and prevent
any erosion of the fund's principal amount.
(b) The fund shall consist of monies from:
(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;
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(3) Any source of revenue dedicated by the Hawai`i County Charter or the Hawai`i
County Code for the purposes of this article;
(4) Grants and private contributions intended for the purposes of this article;
(5) Two percent of Hawai`i County real property tax revenues collected annually
(including penalties and interest). Deposits will be made to the Fund on June
30, 2007 and then again on December 31, 2007, and on December 31 and June
30, in successive years, with deposits being calculated on all real property tax
payments (including penalties and interest) received in the prior six months.
Additional deposits and adjustments may be made at the discretion of the
[Finance Director;] the director of finance;
(6) Monies from items numbered (1), (2), (3), and (4) above, shall be deposited as
received; and
(7) Notwithstanding (b)(5) of this section, for the period from July 1, 2009 to June
30, 2011, no payments relating to this section shall be allocated or deposited,
provided, however, that all payments accrued through June 30, 2009 shall be
allocated and deposited by July 31, 2009.
(c) 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, 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.
(d) The director of finance shall ensure that the following covenant is written and duly
recorded as part of the deed of any property acquired pursuant to this article:
"This land/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."
The director of finance shall select either "land" or "easement" based on the
type of property acquired."
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. Severability. 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.
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SECTION 5. Within six months of the effective date of this ordinance, the Director of
Finance shall provide for the amendment of all deeds for land and easements acquired with funds
from the Public Access, Open Space, and Natural Resources Preservation Fund to add the
covenant language prescribed herein.
SECTION 6. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Kona , Hawai`i
Date of Introduction: February 6, 2013
Date of lst Reading: February 6, 2013
Date of 2nd Reading: February 20, 2013
Effective Date: March 13, 2013
REFERENCE Comm., 7 2
3
OFFICE OF THE COUNTY CLERK
County of Hawai`i
Kona, Hawai`i
` n. r,
Introduced By: Brenda Ford ROLL CALL VOTE
Date Introduced: February 6, 2013 AYES NOES ABS EX
First Reading: February 6, 2013 Eoff X
Published: February 16, 2013 Ford X
Ilagan X
REMARKS. Kanuha X
Kern X
Onishi X
Poindexter X
Wille X
Yoshimoto X
Second Reading: February 20, 2013 9 0 0 0
To Mayor: February 28, 2013
Returned: March 14, 2013 ROLL CALL VOTE
Effective: March 13, 2013 AYES NOES ABS EX
Published: March 21, 2013 Eoff X
Ford X
REMARKS: Ilagan X
Kanuha X
Kern X
Onishi X
Poindexter X
Wille X
Yoshimoto X
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED A
FORM A► . E
COUNCIL CHAIRPERSON
D rrY C•r---ORAT10,---11 NSEL
COUNTY OF HA
M . 1 O q NTY CLERK
Date IVi 1 1
24
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pproved/ .sapproved this �� day Reference:
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MAYOR, C I i •'