HomeMy WebLinkAboutOrdinance 06-169COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 353
ORDINANCE NO. 06 UP
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:
"Article 42. Public Access, Open Space, and Natural Resources Preservation Fund
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;
(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) [(2)] Nothing in this section shall prevent the council from appropriating
amounts in excess of the above minimum amounts to this fund.
(d) The fund shall be used for acquiring lands or property entitlements in the County of
Hawaii 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."
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does 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.
SECTION 4. Material to be repealed is bracketed. New material is underscored. In
printing this ordinance, the brackets, bracketed material, and underscoring need not be included.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
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COUN IL MEMBER, COUNTY OF HAWAII
Kona , Hawai`i
Date of Introduction: November 29, 2006
Date of lst Reading: November 29, 2006
Date of 2nd Reading: December 20, 2006
Effective Date: December 26, 2006
p,I E.:'k'.CI . Comm. 1201
OFFICE OF THE COUNTY CLERK
County of Hawaii
Kona, Hawaii
Introduced By:
Virginia Isbell
Date Introduced:
November 29, 2006
First Reading:
November 29, 2006
Published:
N/A
REMARKS:
Second Reading: December 20, 2006
To Mayor: December 22, 2006
Returned: December 27, 2006
Effective: December 26, 2006
Published: January 8, 2007
REMARKS:
1 DO HEREBY CERTIFY that the foregoing BILL was
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII
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Approve Disapproved this ; � day
o 'Dearv�b&V 20 00
IYOR, Y OF HAWAI `I
ROLL C7i77i
AYES
Arakaki
X
Higa
X
Hoffmann
X
Holschuh
X
Ikeda
X
Isbell
X
Jacobson
X
MOO
Pilago
X
Safarik
X
9
0
ROLL CALL VOTMABSEX
AYES
NOES
Ford
X
Higa
Hoffmann
X
Ikeda
X
Jacobson
X
Naeole
X
Pilago
X
Yagong
X
Yoshimoto
X
7
1
1
0
the County
COUNCIL CHAIRMAN
CO CL�
Reference:
Ord No.:
363
C- 1201 /FC— Waived
6 169
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