HomeMy WebLinkAboutBIL 078 Draft 01 2012-2014OFFICE INFORMATION ONLY
Meeting: Agriculture, Water and Energy Sustainability Committee — May 29, 2013
Action: Withdrawn by introducer (Ilagan)
Re: Bill 78; Comm. 290 (2012-2014 term)
COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 78
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 36, OF THE HAWAII
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE
GEOTHERMAL RELOCATION AND COMMUNITY BENEFITS PROGRAM.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 2, article 36, section 2-178 of the Hawaii County Code 1983
(2005 Edition, as amended) is amended to read as follows:
"Section 2-178. Purchase and sale of affected properties.
(a) 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).
(b) The planning director shall not accept applications for relocation for any affected
property purchased ninely days after the effective date of this ordinance. For the
purposes of this subsection, "purchase" means the act or process of acquiring real
property by deed, will, mortgage, lien or other means."
SECTION 2. Chapter 2, article 36, section 2-181 of the Hawaii County Code 1983
(2005 Edition, as amended) is amended to read as follows:
"Section 2-181. Expenditures from fund.
Caj 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
program. [n minimum ia ee of $1,000,000 shall be maii4moa i the r;,na f
(b) Funds may only be used for community benefits if the total amount of monies in the
fund exceeds the total assessed property value for geothermal relocation. For the
purposes of this section, "total assessed property value" means a monetary figure for the
combined value of land and structures as prepared by a real estate appraiser licensed in
the State of Hawaii.
(c) Expenditures relating to the geothermal relocation and community benefits 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) 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 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 declared to be severable.
SECTION 5. This ordinance shall take effect upon its approval.
, Hawai`i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 270
INTRODUCED BY:
COUN AlEMBER, COUNTY OF HAWAI`1
-2-