HomeMy WebLinkAboutOrdinance 06-151COUNTY OF HAWAII
STATE OF HAWAII
BILL NO.
ORDINANCE NO. 06 151
315
A BILL FOR AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 42, HAWAII
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE PUBLIC
ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 2, Article 42, Section 2 -214, Hawaii County Code 1983 (2005
Edition), 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.
(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;
(3) Any source of revenue dedicated by the Hawaii County Charter or the
Hawaii County Code for the purposes of this article; [and]
(4) Grants and private contributions intended for the purposes of this article;
and
(5) Two percent (2 %) of Hawaii County real property tax revenues collected
annually (including penalties).
(c) In adopting each fiscal year's operating budget, the council shall appropriate a
minimum of $250,000 to the public access, open space, and natural resources
/preservation fund.
\1)
[11A,71;en the uneneu-m-bered 1_ 1 - in the C d ( 6...:.,o of bond
loll be A until 1- 1. 1 falls below $5,000,000-i
(2) Nothing in this section shall prevent the council from appropriating
amounts in excess of the above minimum amounts to this fund.
SECTION 2. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material and underscoring need
not be included.
SECTION 3. If any provision of this ordinance or the application thereof to any person
or circumstance, is held invalid, such invalidity does not effect 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 4. This ordinance shall take effect upon its approval.
Kona , Hawai`i
Date of Introduction:
July 19, 2006
Date of 1 st Reading:
N/A
Date of 2nd Reading:
N/A
Effective Date:
December 15, 2006
REFERENCE: Comm.
96521 .�
THE OFFICE OF THE COUNTY CLERK
COUNTY OF HAWAII
In the Matter of )
A Proposed Initiative Amendment to the ) CERTIFICATE OF RESULTS
Hawaii County Code )
CERTIFICATE OF RESULTS
In compliance with Section I1 -156, Hawaii Revised Statutes, I, Constance R. Kiriu,
County Clerk, County of Hawaii, in the capacity of the chief election officer of the County
pursuant to Section 3- 6(b)(3) of the Hawaii County Charter, do hereby certify that the proposed
initiative to amend the Hawaii County Code was submitted to the voters of the County of
Hawaii on November 7, 2006. I hereby further certify that the proposed initiative amendment
was duly approved by a majority of the voters voting upon said initiative amendment:
Proposal l Should the Hawaii County Code section 2- 214(b) be amended to require
the County to earmark two percent (2 %) of Hawaii County real property
tax revenues collected annually (including penalties) for the Public
Access, Open Space, and Natural Resources Preservation Fund; should
section 2- 214(c) be amended to remove the existing $5,000,000 limit on
the fund's balance; and should section 2- 214(d) that explains how the fund
shall be used be removed from the Code?
Voters voting "FOR" 27,566
Voters voting "AGAINST" 16,135
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the
County of Hawaii, State of Hawaii to be affixed this -Ve y ofi��y 2006.
QRWaU44 "�_
CONSTANCE R. KIRIU, Clerk
County of Hawaii
OFFICE OF THE COUNTY CLERK
County of Hawai i
Kona, Hawaii
Introduced By:
Stacy K. Biga
Date Introduced:
July 19, 2006
First Reading:
N/A
Published:
N/A
REMARKS: July 19, 2006: The motion
for approval of Bill 315 failed due
to the respective "no" votes.
November 7, 2006: Submitted to the
voters of the County of Hawaii.
Cerlificate of Results
Adj
g: November
28,
2006
To Mayor:
December
12
2006
Returned:
December
15,
2006
Effective:
December
15,
2006
Published:
January
8 2007
X
REMARKS. November 7, 2006: The
proposed initiative amendment was
submitted to the voters of the County
and duly approved by the majority of
the voters.
OTE
AYE
N
EHoffman;n
X
Holschuh
X
Ikeda
X
Isbell
X
Jacobson
X
Pilago
X
Safarik
X
0
8
1
0
CERTIFICATE OF RESULTS
Should the Hawaii County Code section
2- 214(b) be amended to require the County to
earmark two percent (2%)of Hawaii County real
property tax revenues collected annually
(including penalties) for the Public Access,
Open Space, and Natural Resources Preservation
Fund; should section 2- 214(c) be amended to
remove the existing $5,000,000 limit on the
fund's balance; and should section 2- 214(d)
that explains how the fund shall be used be
removed from the Code?
Voters voting "FOR" 27,566
Voters voting "AGAINST" 16,135
1 DO HEREBY CERTIFY that the foregoing BILL was approved by the majority of the voters of the
County of Hawaii published as indicated above.
APPROVED AS TO
FORM AND LEGALITY
v CORPORATION COUNSEL
COUNTY OF HAWAII
o €t 4 2aos
c tt^
Approved/ pproved this = day
f �cc n,bai
20—'
0
OR, COU OF V HAWAII
315
C- 965.21 /Waived -FC
Reference:
Ord No.: 06 :15:1