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CHARTER AMENDMENT NO. 9

WATER COMMISSION

 

BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAII:

 

Section 1. Section 8-1 of the Hawaii County Charter is amended to read as follows:

"Section 8-1. Organization. There shall be a semi-autonomous department of water supply consisting of a water [commission] board, a manager and the necessary staff."

 

Section 2. Section 8-2 of the Hawaii County Charter is amended to read as follows:

"Section 8-2. Water [Commission] Board. The water [commission] board shall consist of nine members who shall be appointed by the mayor with the approval of the council in the manner prescribed in Section 13-4. [Commission membership shall be representative of the community and of the county geographical areas of Puna, Ka'u, Kona, Kohala, Hamakua, and Hilo.] One member shall be a resident of each council district. The manager of the department of water supply, the planning director and the chief engineer of the county or their designated representatives shall serve as ex-officio members of the water [commission] board without power to vote. The water [commission] board shall:

(a) Manage, control and operate the waterworks of the county and all property thereof.

(b) Adopt rules and regulations which shall have the force and effect of law relating to the management, control, operation, preservation and protection of the waterworks of the county.

(c) Adopt an annual operating and capital budget for the department, subject to the hearing and advertising provisions of Section 10-4.

(d) Have the power to acquire by eminent domain, purchase, lease or otherwise, and to sell, lease, or otherwise convey real property in the name of the water [commission] board.

(e) Have the authority to issue revenue bonds under the name of the water [commission] board.

(f) Have such other powers and duties as may be provided by law."

 

Section 3. Section 8-3 of the Hawaii County Charter is amended to read as follows:

"Section 8-3. Manager and Deputy. The manager of the department of water supply shall be appointed by the water [commission] board and may be removed by the water [commission] board. The deputy shall be appointed by the manager with the confirmation of the water [commission] board and may be removed by the manager with the approval of the water [commission] board. The manager shall be a registered engineer[.] and shall have had a minimum of five years' experience in an administrative capacity."

 

Section 4. Article 16 of the Hawaii County Charter is amended by adding a new section to be appropriately designated and to read as follows:

"Section ___. Boards and Commissions with District Residency Requirements. Any commission member serving at the time of the adoption of the council district residency requirement in the year 2000 may serve the remainder of the term, regardless of residency. Any vacancy must be filled by a resident of a council district not represented on the commission."

 

Section 5. Charter material to be repealed is bracketed. New charter material is underscored.

 

Section 6. This amendment shall take effect at noon on the first Monday in December following its approval by the voters.

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