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HomeMy WebLinkAboutBIL 048 Draft 01 2014-2016Of COUNTY OF HAWAII O;r 14 ORDINANCE NO. STATE OF HAWAII BILL NO. 48 AN ORDINANCE NAMING A COUNTY PARK AND RECREATIONAL FACILITY AT KOHANAIKI, DISTRICT OF NORTH KONA, COUNTY OF HAWAII, AND AMENDING CHAPTER 15, ARTICLE 8, SECTION 15-68.1 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE PARKS AND RECREATIONAL FACILITY SCHEDULE. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this ordinance is to name that certain County beach park situated at Kohanaiki, District of North Kona, Island and County of Hawaii, State of Hawaii, "Kohanaiki Beach Park." SECTION 2. Background. Pursuant to a Good Faith Agreement dated August 13, 2003, conditions 11 and 12 of Special Management Area Use Permit No. 439 dated December 1, 2003, and in accordance with condition "S" of Ordinance No. 88-159 effective November 7, 1988, Kohanaiki Shores LLC constructed certain public park facilities upon the subject property and was desirous of dedicating it to the County of Hawaii for public park purposes. On June 18, 2013, Resolution No. 129-13, Draft 2, was adopted that accepted the dedication of lots 108, 109, 111 and 112 which contain areas of 38.139 acres, 63.240 acres, 3.050 acres, and 1.648 acres, respectively, within Tax Map Keys: 7-3-063:012, 7-3-063:013, 7-3-064:021, and 7-3-064:022, situated at Kohanaiki, District of North Kona, Island and County of Hawaii, from Kohanaiki Shores LLC to the County of Hawaii, for public park purposes. SECTION 3. "Kohanaiki" is a name that has been historically accepted and geographically identifies the location where this park is located. Therefore, the name "Kohanaiki Beach Park" is an appropriate name for this facility pursuant to chapter 15, article 8, section 15-67 of the Hawaii County Code 1983 (2005 Edition, as amended), which establishes requirements for the naming of County parks and recreation facilities. Pursuant to chapter 15, article 8, section 15-68, Hawaii County Code 1983 (2005 Edition, as amended), the area dedicated to and accepted by the County of Hawaii in Resolution No. 129-13, Draft 2, is hereby named "Kohanaiki Beach Park." SECTION 4. Chapter 15, article 8, section 15-68.1 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended by adding a new park to the "Kona" section to be appropriately inserted and to read as follows: "Kohanaiki Beach Park" SECTION 5. New material is underscored. In printing this ordinance, the underscoring need not be included. SECTION 6. 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 7. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 284