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Home My WebLink AboutORD 1979-455 1976-1980BILL NO. 452 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. 455 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 3, HAWAII COUNTY CODE, BY THE ADDITION OF A NEW SECTION 3.08 (CREDIT TO USER FEES OF THE DEPARTMENT OF PARKS AND RECREATION FOR CERTAIN IMPROVEMENTS TO COUNTY REAL PROPERTY) AND REDESIGNATING FORMER SECTION 3.08 TO SECTION 3.09. WHEREAS, private citizens and civic groups wish to make improvements to County parks and recreational facilities to enable the general public to benefit from those improvements and wish to make such improvements by advancing the cost of improvements from their own funds; and WHEREAS, budgetary constraints limit the County in making improvements which the Department of Parks and Recreation wishes to make to its parks and recreational facilities; and WHEREAS, the County Council wishes to provide a means by which private citizens and civic groups may be encouraged to make such improvements with the approval of the Department of Parks and Recreation; and WHEREAS, the County Council wishes to provide a means by which such private citizens or civic groups may, after donating the completed improvements to the County of Hawaii for the use and benefit of the general public, receive a setoff against certain user fees imposed by the Department of Parks and Recreation for the use of the facility at which the improvements are made. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 2, Article 3, Hawaii County Code, as amended, is further amended by the addition of Section 3.08 which is as follows: "SECTION 3.08. Credit to user fees of the Department of Parks and Recreation for certain improvements to County real property. A credit against user fees of the Department of Parks and Recreation may be allowed as provided in this section. "A. In order to receive a credit under the provisions of this section, the following procedure shall be followed: "(1) Persons proposing to make any improvement at their expense to real property of the County of Hawaii used for or set aside for recreational purposes shall submit to the Department of Parks and Recreation, a written proposal with attached plans and description of the proposed improvement together with an itemized list of those anticipated expenses that the persons wish to use in computing any credit against future user fees of the Department of Parks and Recreation. "(2) After receipt of the written proposal, the Director shall review the proposal. On review, the Director will decide whether the proposal is in the public interest and is consistent with the goals and priorities of his department. Among the factors that the Director may consider are future maintenance costs of the improvement, the demand for the improve- ment, the ability of his department to provide alternative facilities with equivalent improvements. "(3) The Director may require further information and plans and, with mutual consent of the persons making the proposal, may alter the proposal. The original proposal with any alterations made by mutual consent shall constitute the final proposal. 2. "(4) After the Director reviews the final proposal, the Director may reject the proposal or authorize the proposal. "B. Upon authorization of the proposal, the Director shall: "(1) Allow entry on the land for construction of improvements upon such terms and conditions as the Director finds necessary for protecting the public health, safety and welfare or the convenience of operation of the Department of Parks and Recreation. If the work is not done in accordance with the terms and conditions imposed, the Director may halt construction and terminate the work. In such event, there shall be no credit allowed against user fees for any such work. "(2) Require compliance with all applicable rules, regulations, ordinances, statutes and other laws. Obtain all permits, including building, plumbing, electrical and construction permits, which are required by County, State or Federal laws. "(3) Set a dollar amount to be credited against user fees of the Department of Parks and Recreation which are incurred for the facility on which the improvements will be located. "(4) Compute the amount of credit by allowing: "(a) Reasonable expenses paid out for materials actually used in construction of the improvement. "(b) Reasonable expenses paid out for use of equipment used in construction of the improvement. "(c) Reasonable expenses paid out for labor used in construction of the improvement. "(d) Proof of expenditures made may be by receipt or affidavit or any other means which satisfies the Director that such expenditures were made. "(5) Require the persons proposing the improvement to submit a written document offering the improvement as constructed for dedication to the County of Hawaii before allowing any credit against user fees. "C. Limitation on application of credit against user fees. "(1) The amount of credit allowed in Section B above shall be applied only as a credit against user fees otherwise payable for the facility on which the improvements will be located. "(2) No credit shall be allowed against user fees incurred more than twenty (20) years after the date that the improvement is accepted by the County. "(3) The credit may not be assigned or transferred to any other person. "(4) The credit shall not be used in lieu of any fee or charge not a user fee, including security or clearing deposits or fees, nor shall the credit be used in lieu of any requirement of insurance or surety. "D. Application of credit against user fees. "Subject to the limitations in Section C above, the Department of Parks and Recreation shall apply against user fees, incurred by a person allowed credit under this section, the amount of credit in dollars specified by that person, provided, that the amount of credit used shall not exceed the credits of that person nor shall it exceed the amount of applicable users fee. The application of such credit to reduce user fees shall reduce the amount of credits remaining to that person by dollar amount equal to the reduction in user fees. "E. Restoration of credits. "Credits applied under Section D above may be restored by the Department of Parks and Recreation under the same terms and conditions applicable for refund of users fees, provided that no cash payment shall be made by or on account of a restoration of credit authorized by this provision. "F. On or before January 1, 1980, any person, who has made improvements on County land before the effective date of this ordinance and which improvements have not been accepted for 4. dedication by the County Council, may apply to the Director for credit in the manner prescribed above. The Director shall allow a credit only if such improvements are in dedicable condition and only upon submission of a written document offering the improve- ment as constructed for dedication to the County of Hawaii. The Director shall compute the credit as provided above." SECTION 2. Section 3.08, Rules and Regulations; Penalties of Article 3, Chapter 2, Hawaii County Code is redesignated as Section 3.09. SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, CDUN Y OF HAWAII Hilo, Hawaii Date of Introduction: June 20, 1979 Date of Adoption: July 5, 1979 Effective Date: July 16, 1979 M Hilo, Hawaii Date: June 20, 1979 FIRST READING Domingo x— Ftnii AYES NOES— A/E rg [omingo X X _.elel % _ Garcia X X Kawahara Lai X Sameshlma X T,i,r X —_`.. Chr_ Yar iro X -- 9�—D D Pobrc.tic- Cate, JUN 28 1979 Hilo, Hawaii Date: July 5, 1979 _ SECONDI & FINAL READING AYES_ NOES Dahlberg Domingo x— Ftnii X Garcia X Kawahara X Lai X Samesh ma X TaVri X Ch r. Yameshi ro X r _ _0 PobGcaGoii, Cate: _ JUL 20 1979 We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. lei \�/Jf i r. C Cory Glerk. Approvedsapgthi _(_✓ay of 19_1 ry ✓ /� . _ Mayc Coonry of Ha— Bi ll No. _. 492 C-1181/PWC-117 M5. Na_ _ _